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SECTION 02920
LOAMING AND SEEDING
PART 1 —- GENERAL
1.01 DESCRIPTION OF WORK:

A. This section covers all labor, materials, and equipment necessary to do all loaming,
seeding and related work for miscellaneous areas disturbed by roadway and sidewalk

construction and as herein specified.

Note: Loaming and seeding for miscellaneous areas disturbed by roadway and

sidewalk construction is subsidiary to the sidewalk items of work.
1.02 RELATED WORK:
A. Section 02300 - EARTHWORK
B. Section 02370 — EROSION CONTROL

PART 2-— PRODUCTS
2.01 MATERIALS:

A. Loam for disturbed areas shall comply with the following
requirements.

.Topsoil for use in general lawn areas and planting beds shall
conform to the following grain size distribution for material
passing the #10 sieve:

U.S. Sieve No. % Passing by Weight
Minimum
10 100 ---
20 78 100
40 60 85
100 38 60
270 22 35
0.002 mm 2 5

Maximum

Natural loam not conforming to above shall be treated by the Contractor to
meet this specification. Cost of amendment to the loam shall be the

Contractor's responsibility.

B. Fertilizer:

1. Fertilizer shall be commercial fertilizer, 10-10-10 fertilizer mixture containing

at least 40 percent of organic nitrogen.
C. Mulch:

1. Materials to be used in mulching shall be hay, straw or wood fiber mulch.

2022 Sewer Replacement Project
Nashua, NH

Loam and Seed
02920-1

B. Substitute Construction Methods or Procedures:. If a specific means, method, technique, sequence, or
procedure of construction is shown or indicated in and expressly required by the Contract Documents,
CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of
construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow
ENGINEER, in ENGINEER’s sole discretion, to determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that
provided in subparagraph 6.05.A.2.

C. Engineer’s Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate cach
proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of
acceptability. No “or-equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is
complete, which will be evidenced by either a Change Order for a substitute or an approved Shop drawing for an
“or equal”. ENGINEER will advise CONTRACTOR in writing of any negative determination.

D. Special Guarantee: | OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a
special performance guarantee or other surety with respect to any substitute.

E. ENGINEER ’s Cost Reimbursement: ENGINEER will record time required by ENGINEER and
ENGINEER’s Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to
paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any
other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER
approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER’s Consultants for evaluating each such proposed
substitute.

F. CONTRACTOR ’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or
“or-equal” at CONTRACTOR’s expense.

6.06 Concerning Subcontractors, Suppliers, and Others

A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom
OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has
reasonable objection.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals
or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the
Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER’s acceptance (either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)
of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of
reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the
difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or
Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual
or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER
to reject defective work.

C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions. Nothing in the Contract
Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any

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contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other
individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to
the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.

D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect
contract with CONTRACTOR.

E. CONTRACTOR J shall require all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to communicate with ENGINEER through CONTRACTOR.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.

G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in paragraph 5.06, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or
Supplier waives all nghts against OWNER, CONTRACTOR, ENGINEER, ENGINEER’s Consultants, and all
other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional
insured (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each
and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the
perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
CONTRACTOR will obtain the same.

6.07 Patent Fees and Royalties

A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process, product, or device
which is the subject of patent nghts or copyrights held by others. If a particular invention, design, process,
product, or device is specified in the Contract Documents for use in the performance of the Work and if to the
actual knowledge of OWNER or ENGINEER its use is subject to patent nghts or copynghts calling for the
payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the
Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify
and hold harmless OWNER, ENGINEER, ENGINEER’s Consultants, and the officers, directors, partners,
employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any
infringement of patent nghts or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract
Documents.

6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such

permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the
prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the

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Effective date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility Owner’s for capital costs related thereto, such as plant
investment fees.

6.09 Laws and Regulations

A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the
performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations,
neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR’s compliance with any
Laws or Regulations.

B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR’s
primary responsibility to make certain the Specifications and Drawings are in accordance with Laws and
Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR’s obligations under paragraph 3.03.

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the
subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made
therefore as provided in paragraph 10.05.

D. CONTRACTOR shall comply with all local laws, ordinances, and statutes, all provisions of the Revised
Statutes Annotated, all provisions of the federal Davis-Bacon Act for projects with federal funding, and all
regulations promulgated under either statute. Copies of the "City of Nashua Prevailing Wage Rates for Public
Works", as determined by U.S. Department of Labor and "General Wage Determinations," as determined by the
U.S. Department of Labor, are available for inspection at the City of Nashua Division of Public Works, 9
Riverside Street, Nashua, New Hampshire. If the provisions of the Davis-Bacon Act apply, all employees of the
CONTRACTOR must be paid not less than the wage which is the greater of the Federal wage determinations.
The hourly and daily rate of wages to be paid each class of mechanics and workers must be posted on the project
site in a place generally visible to the employees.

E. If the Davis-Bacon Act applies, CONTRACTOR shall furnish to the OWNER within seven days after payment
date of the weekly payroll period, a statement of wages paid for each of the CONTRACTOR’s employees or a
payroll report. If the Davis-Bacon Act applies, CONTRACTOR shall furnish to the OWNER within seven days
after payment date of the weekly payroll period, a statement of wages paid for each of any subcontractor's
employees or a payroll report for each subcontractor. The statement or report must include the
CONTRACTOR’s certification of compliance with the requirements of the supplementary condition.
CONTRACTOR agrees that failure to comply with the portion of this supplementary condition requiring
CONTRACTOR to fumish a certified statement of wages or payroll report will, in addition to any other retention
allowed under this contract or under state or federal law, allow the OWNER to unilaterally, without notice to
CONTRACTOR, retain an amount of up to 10% from each progress payment until the OWNER determines
CONTRACTOR has complied with the provisions of this supplementary condition.

F. If the Davis-Bacon Act applies to work to be performed under this contract, CONTRACTOR shall furnish to
the OWNER within seven days after payment date of the weekly payroll period, a statement of wages paid for
each of CONTRACTOR’s employees and for each of any subcontractor's employees or a payroll report from
CONTRACTOR and from each subcontractor. Each statement or report must include the certification by
CONTRACTOR of compliance with the provisions of the Davis-Bacon Act.

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G. Workers’ Compensation Coverage.

1. CONTRACTOR agrees as a precondition to the performance of any work under this contract and as a
precondition to any obligation of the OWNER to make any payment under this contract to provide the
OWNER with a certificate of a qualified insurer. CONTRACTOR agrees that notice of any lapse in
coverage or nonpayment of coverage that the CONTRACTOR is required to maintain should be mailed to:

Risk Management
City of Nashua
229 Main Street

Nashua, NH 03060

2. CONTRACTOR agrees to maintain required workers’ compensation coverage throughout the entire term
of the contract. If CONTRACTOR does not maintain coverage throughout the entire term of the contract,
CONTRACTOR agrees that OWNER may, at any time the coverage is not maintained by CONTRACTOR,
order the CONTRACTOR to stop work, suspend the contract, or terminate the contract. For each six-month
period this contract is in effect, CONTRACTOR agrees, prior to the expiration of the six-month period, to
provide another written request to its insurer for the provision of a certificate and notice of lapse in or
nonpayment of coverage. If CONTRACTOR does not make the request or does not provide the certificate
before the expiration of the six-month period, CONTRACTOR agrees that OWNER may order the
CONTRACTOR to stop work, suspend the contract, or terminate the contract.

H. To be deemed a responsive bid, the list of subcontractor form must be submitted even if no
subcontractors are required to be listed. Submittal is as follows:

1. Each bid submitted to any officer, department, board or commission for the construction of any
public work or improvement must include:

a. The name of each subcontractor who will provide labor or a portion of the work or
improvement to the CONTRACTOR for which he will be paid an amount exceeding 5 percent of
the prime CONTRACTOR’s total bid. Within 2 hours after the completion of the opening of the
bids, the general contractors who submitted the three lowest bids must submit a list of the name
of each subcontractor who will provide labor or a portion of the work or improvement to the
CONTRACTOR for which he will be paid an amount exceeding 1 percent of the prime
CONTRACTOR’s total bid or $50,000, whichever is greater, and the number of the license
issued to the subcontractor. If a general CONTRACTOR fails to submit such a list within the
required time, his bid shall be deemed not responsive.

b. A description of the portion of the work or improvement which each subcontractor named in
the bid will complete.

2. The CONTRACTOR shall list in his bid the name of a subcontractor for each portion of the
project that will be completed by a subcontractor.

3. A CONTRACTOR whose bid is accepted shall not substitute any person for a subcontractor who
is named in the bid, unless:

a. The awarding authority objects to the subcontractor, requests in writing a change in the
subcontractor and pays any increase in costs resulting from the change; or

b. The substitution is approved by the awarding authority and:

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(i) The subcontractor, after having a reasonable opportunity, fails or refuses to execute a
written contract with the CONTRACTOR which was offered to the subcontractor with the
same terms that all other subcontractors on the project were offered:

(ii) The named subcontractor files for bankruptcy or becomes insolvent; or

(iii) The named subcontractor fails or refuses to perform his subcontract within a reasonable
time or is unable to furnish a performance bond and payment bond.

I. If blasting or use of explosives is necessary for prosecution of Work, the CONTRACTOR shall provide the
ENGINEER with a blasting plan in compliance with OSHA, State, and local regulations, laws, ordinances, and
requirements. CONTRACTOR shall exercise the utmost care not to endanger life or property. CONTRACTOR
shall be responsible for all damage resulting from the use of explosives. CONTRACTOR shall notify each
property OWNER and utility company having structures or facilities in proximity to the site of the work of its
intentions to use explosives. Such notice shall be given sufficiently in advance to enable the utility companies to
take such steps as they may deem necessary to protect their property from injury.

6.10 Taxes

A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable
during the performance of the Work

6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas

1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER
or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

2. Should any claim be made by any such OWNER or occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim
by arbitration or other dispute resolution proceeding or at law.

B. Removal of Debris During performance of the Work:

During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations
of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and
other debris shall conform to applicable Laws and Regulations.

C. Cleaning:
Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for
utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools,

appliances, construction equipment and machinery, and surplus materials and shall restore to original
condition all property not designated for alteration by the Contract Documents.

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D. Loading Structures:

CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses
or pressures that will endanger it.

E. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER’s Consultant, and the officers, directors, partners, employees, agents, and
other consultants of each and any of them from and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or
equitable, brought by any such OWNER or occupant against OWNER, ENGINEER, or any other party
indemnified hereunder to the extent caused by or based upon CONTRACTOR’ performance of the Work.

6.12 Record Documents

A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders,

Field Orders, and written interpretations and clarifications in good order and annotated to show changes made
during construction. These record documents together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these
record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER.

B CONTRACTOR shall mark up one set of paper prints to show the As-built conditions. They shall include all
the information shown on the Contract Drawings and a record of all deviations, modifications, or changes from
those Drawings, however minor, which were incorporated in the Work, all additional work not appearing on the
Contract Drawings and all changes which are made after final inspection of the Contract Work. These As-built
marked prints shall be kept current and available on the job site at all times. All changes from the Contract
Drawings which are made in the Work or additional information which might be uncovered in the course of
construction shall be accurately and neatly recorded as they occur by means of details and notes. No construction
work shall be concealed until it has been inspected, approved, and recorded. The As-built marked prints will be
jointly inspected for accuracy and completeness by the ENGINEER'S representative and a responsible
representative of the CONTRACTOR prior to submission of the monthly pay estimate. Failure to keep the
As-built marked prints on a current basis shall be sufficient justification to suspend pay estimates. The drawings
shall show the following information, but not be limited to:

1. The location of any utility lines or other installations of any kind or description known to exist within the
construction area. The location includes dimensions of permanent features.

2. The location and identification of all surface installations within 100 feet of the construction work.
3. The location and dimensions of any changes within the building or structure.

4. Correct grade or alignment of roads, structures, or utilities if any changes were made from Contract
Drawings.

5. Correct elevations if changes were made in site grading.
6. Changes in details or design or additional information obtained from working drawings specified to be
prepared or furnished by the CONTRACTOR including but not limited to fabrication, erection, installation

plans and placing details, pipe sizes, insulation material, dimensions or equipment foundations, etc.

7. The topography and grades of all drainage installed or affected as a part of the Work.

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8. All changes or modifications which result from the final inspection.

The As-built marked prints shall be delivered to the ENGINEER at the time of final inspection for ENGINEER's
review and approval. All approval and acceptance of As-built drawings shall be accomplished before final
payment is made to the CONTRACTOR.

6.13 Safety and Protection

A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety
of, and shall provide the necessary protection to prevent damage, injury or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site;
and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the
course of construction.

B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNER of adjacent property
and of Underground Facilities and other utility Owner’s when prosecution of the Work may affect them, and
shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage,
injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in
whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or
indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be
liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER’S Consultant, or anyone
employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or
other individual or entity directly or indirectly employed by any of them). CONTRACTOR’s duties and
responsibilities for safety and for protection of the Work shall continue until such time as all the Work is
completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph
14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial
Completion).

C. Occupational Safety and Health Standards: CONTRACTOR's methods of construction and safety
requirements, including but not limited to trench excavation and shoring where applicable, shall conform to the
requirements of the Occupational Safety and Health Standards for the Construction Industry. The document
entitled "Occupational Safety and Health Standards for the Construction Industry" (29 CFR PART 1926) with
Amendments as of February 1, 1998, including 29 CFR part 1910 General Industry Safety and Health Standards
Applicable to Construction, is not attached to the Contract Documents. Said requirements as identified and
established above are incorporated herein by reference.

D. Power Lines: No equipment of any kind shall be used or permitted within such proximity to the conductors of
the Public Services of New Hampshire power lines as to be in violation of the safe working clearance prescribed
by the National Electrical Safety Code.

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E. Protection of Utilities: The CONTRACTOR shall verify all utility locations prior to the start of construction.
This shall include, but not necessarily limited to: irrigation and drainage ditches, culverts, water lines, sewer
lines, telephone cables, cable television, gas lines and electric lines. Prior to the start of construction the
CONTRACTOR shall call Dig Safe System, Inc. 1-800-344-7233 (two full working days’ notice required). The
failure of any utility to subscribe to DIGS shall not relieve the CONTRACTOR from the responsibility of
protection of that utility on the site. Any physical structure (i.e. curbs, sidewalks, paving, buildings, landscape
improvements, utilities, etc., damaged by the CONTRACTOR shall be repaired or replaced in a condition equal
to or better than the condition prior to the damage. Such repair or replacement shall be accomplished at the
CONTRACTOR’s expense without additional compensation from the OWNER.

F. CONTRACTOR shall ensure that its activities and activities of its employees, agents and subcontractors,
and their employees and agents (including all sub-subcontractors), are in strict compliance with all
Environmental Protection Agency, New Hampshire Department of Environmental Services, and Department of
Transportation regulations and all other applicable federal, state and local statutes, ordinances, regulations and
rules, including without limitation, the Federal Occupational Safety and Health Act of 1970 (OSHA) as amended
and the standards and regulations issued thereunder, and all other statutes, ordinances, regulations, rules,
standards and requirements of common law in relation to industrial hygiene and safety, and the protection of
health and the environment.

6.14 Safety Representative

A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and
programs. Work Site is subject to safety inspection by the City Safety Representative at any and all times.

6.15 Hazard Communication Programs

A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among employers
at the Site in accordance with Laws or Regulations.

6.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent
thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss). CONTRACTOR shall
give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby or are required as a result thereof. If
ENGINEER determines that a change in the Contract Documents is required because of the action taken by
CONTRACTOR in response to such an emergency, Change Order will be issued.

6.17 Shop drawings and Samples

A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER
may require and in the number of copies specified in the General Requirements. The data shown on the Shop
Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria,
materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes
to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph
6.17.E.

B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the

acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as

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ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by
paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications.

C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings
and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed
prior to ENGINEER’s review and approval of the pertinent submittal will be at the sole expense and
responsibility of CONTRACTOR.

D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified:

a. All field measurements, quantities, dimensions, specified performance criteria, installation
requirements, materials, catalog numbers, and similar information with respect thereto;

b. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and
installation pertaining to the performance of the Work;

c. All information relative to means, methods, techniques, sequences, and procedures of construction and
safety precautions and programs incident thereto; and

d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other
Shop drawings and Samples and with the requirements of the Work and the Contract Documents.

2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied
CONTRACTOR’: obligations under the Contract Documents with respect to CONTRACTOR’s review and
approval of that submittal.

3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the
Contract Documents, such notice to be in a written communication separate from the submittal; and, in
addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.

E. ENGINEER ’s Review

1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule
of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER’s review and approval will
be only to determine if the items covered by the submittals will, after installation or incorporation in the
Work, conform to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2.ENGINEER’s review and approval will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence, or procedure of
construction is specifically and expressly called for the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.

3. ENGINEER’s review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has
in writing called ENGINEER’s attention to each such variation at the time of each submittal as required by
paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written
notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any

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