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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2017 by and between the City of
Nashua, New Hampshire (hereinafter called OWNER) and and
its successors, transferees and assignees together hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:

The scheduled work for the 2017 Sewer Replacement Program consists of work on Elm St, West Pearl St. Green St
Beard St. Monroe St. Terrace St. Warren St. Jackson St. Lowell St, Main St, Franklin St. and Mulberry St. Work
includes 260 feet of 8 to 10 inch PVC Sewer, 1620 feet of 12 inch PVC sewer, 880 feet of 15 inch PVC sewer, 600 feet

of 24 inch PVC sewer, 150 vertical feet of 4 foot diameter man hole, 16 feet of 4 foot diameter doghouse sewer man
hole, 550 feet of 12 inch CIPP lining, 500 feet of 15 inch CIPP lining, 430 feet of 18” ege shaped pipe CIPP lining, 64
feet of short liner point repair, 120 vertical feet of manhole lining, 1380 feet of sewer service connections, 1165 feet of
drain pipe. 120 vertical feet of sewer chimney, 5650 cubic yards of crushed gravel. 3000 tons of base paving, 970 tons
of top course paving, 1210 tons of temporary paving, 2300 feet of granite curb resetting, 1070 square yards of sidewalk
and driveway reconstruction, 30 feet of asbestos pipe removal. 3400 feet of 4 inch striping. 3330 feet of 12 inch
thermoplastic paint lines. possible asbestos and other contaminated material excavation and disposal. dye testing
approximately 90 service connections, 1110 feet of sewer videos of non-CIPP pipes and miscellaneous other sewer and
paving items.

ARTICLE 3 - ENGINEER
3.01 The Project has been designed by: Division of Public Works
Engineering Department
9 Riverside St
Nashua, NH 03062
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and

responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection
with completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.

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4.02 Contract Duaration; Substanial Completion

A. The Work will begin once a written “ Notice to Proceed” is issued. Substantial Completion shall be
within 185 calandar days and Final Completion shall be within 215 calandar days.

B. Substantial Completion occurs when all work is complete except punch list items. The Contract
Times commence on the day indicated in the “Notice to Proceed”. Final Completion occurs when all work is
completed and ready for final payment, in accordance with paragraph 14.07 of the General Conditions.

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus
any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the
delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is
not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER FIVE HUNDRED dollars
($500) for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until
the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the time specified in paragraph 4.02 for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER FIVE HUNDRED
dollars ($500) for calendar _cach day that expires after the time specified in paragraph 4.02 for completion and
readiness for final payment until the Work is completed and ready for final payment.

B. In the event that the CONTRACTOR fails to pay OWNER the specified liquidated damages amount
within thirty (30) days of CONTRACTOR's being notified of said damages, OWNER may deduct the amount of the
assessed liquidated damages from the final payment or retention withheld pursuant to Article 14 of the General
Conditions.

ARTICLE 5 - CONTRACT PRICE

5.01 Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in accordance
with the Contract Documents, the Contract Sum of:

($ )

The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work
determined below:

A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each separately
identified item of Unit Price Work times the estimated quantity of that
1tem, as indicated in the attached Bid Schedule;

B. as provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and

determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of
the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.

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ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

B. CONTRACTOR shall submit Applications for Payment under this agreement directly to:

City of Nashua

Attn: Accounts Payable
PO Box 2019

Nashua, NH 03061-2019
Atten: Joe Mendola

To facilitate the proper and timely payment of applications, the City of Nashua requires that all invoices contain
a valid PURCHASE ORDER NUMBER.

6.02 Progress Payments; Retainage

A. Progress Payments. The OWNER will once each month make a progress payment to the
CONTRACTOR on the basis of an estimate of the total amount of work done to the time of the estimate and its value as
prepared by the CONTRACTOR and approved by the ENGINEER. All such payments will be measured by the
schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no schedule of values, as provided in the General
Requirements.

B. Retainage. The OWNER will retain a portion of the progress payment, each month, in accordance
with the following procedures:

1. The OWNER will establish an escrow account in the bank of the OWNER’S choosing.
The account will be established such that interest on the principal will be paid to the
CONTRACTOR. The principal will be the accumulated retainage paid into the account by
the OWNER. The principal will be held by the bank, available only to the OWNER, until
termination of the contract.

2. Until the work is 50% complete, as determined by the ENGINEER, retainage shall be 10% of
the monthly payments claimed. The computed amount of retainage will be deposited in the
escrow account established above.

3. After the work is 50% complete, and provided the CONTRACTOR has satisfied the
ENGINEER in quality and timeliness of the work, and provided further that there is no
specific cause for withholding additional retainage no further amount will be withheld. The
escrow account will remain at the same balance throughout the remainder of the project.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General
Conditions, OWNER shall hold 2% retainage during the 1 (one) year warranty period and release it only after the
project has been accepted.

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Finance Committee — 03/02/2022 Page 4

Kim Kleiner, Administrative Services Director

Without coming to City Hall. Just for the record, the original estimate was $59,000. Inception has worked with us and this
is for an additional $30,000 and then other than the $7,500 which will be the public interface which we’ll put in the Fiscal
2023 budget that is all the cost that we are aware of.

Mayor Donchess

All right, questions comments? Alderman Thibeault?

Alderman Thibeault

Thank you Mr. Mayor. I’m not part of the committee, but | just wanted to clarify something and maybe I’m the only one
here that doesn’t know this, but what is considered stuff that would be not public?

Kim Kleiner, Administrative Services Director

Great question - income statements, things on commercial properties. Those are marked because those are not public
documents. We do go through and mark private telephone numbers, private e-mail addresses, and things of that sort are
not public information. A property record card has the owner and obviously the address of the property so all that is public
information if you are an owner of the property. Quite often if you are the past owner of the property, you are also listed
on the property record card as the past owner that’s all public information.

Alderman Thibeault

Thank you.

Alderman Comeau

Yes. Thank you. So you mentioned the original contract was for $59,000 and this is as far as | know the only increase we
have made so far. There wasn’t any other additional requests from the previous year or two. So this will bring the total to
$90,000 and we expect that will be enough to fully complete the project?

Kim Kleiner, Administrative Services Director

Yes, the $90,000 plus the $7,500 public interface. We do have other projects with Inception Technologies. We have a
contract project that we’re working on so there are other invoices that may be seen from Inception Technologies, but as
far as this project those are the costs.

Alderman Comeau

Thank you.

Alderman Gouveia

Thank you Mr. Mayor. Just a quick question. So after this is done and the interface is all set and it’s ready for public use
is there any upkeep cost that we're going to have to look at further down the line?

Kim Kleiner, Administrative Services Director

Great question. | have asked Inception. There is always room for storage so this is on the cloud and as the city is adding
documents, and they may not necessarily be assessing but they may be assessing, we may require additional storage
costs and we can negotiate that as it comes upon. What will happen is additional property record files will be scanned in
by our assessing staff. So going forward, that is how information will enter the Docuware System which may require the
additional storage.

Alderman Gouveia

Just a quick follow-up. So it would be by storage not a per year contract with the company for the front face and
interface?

ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.

D. CONTRACTOR has carefully studied all Gf any): (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of
Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.

CONTRACTOR is entitled to rely upon the general accuracy of the “technical data” as provided in paragraph 4.2 of the
General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the
Contract Documents with respect to Underground Facilities at or contiguous to the site.

E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety
precautions and programs incident thereto.

F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.

G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.

H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or

discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.

J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.

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ARTICLE 8 - CONTRACT DOCUMENTS

8.01 Contents

A. The Contract Documents consist of the following:
1. This Agreement;
2. General Conditions;
3. Supplementary Conditions;
4. Bid Bond;
5. Bid Form;
6. Performance Bond;
7. Payment Bond;
8. Certificate of Insurance
9. Technical Specifications as listed in Table of Contents
10. Addenda (numbers to ___, inclusive);
11. Exhibits, as listed in the Table of Contents, to this Agreement
12. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a. Written Amendments
b. Change Order(s)
14. New Hampshire Department of Transportation “Standard Specifications for Road and Bridge
Construction”, latest edition, incorporated by reference or unless otherwise indicated.
15 “Manual of Uniform Traffic Control Devices”, latest edition, incorporated by reference.
16 City of Nashua, Standard Specifications for Sewers and Drains, Revised, Approved and Adopted
June 15, 1992, incorporated by reference.
17 City of Nashua, Standard Specifications for Road Construction, Approved and Adopted June 11,
1986, incorporated by reference.
18 City of Nashua, Standard Specifications for Sidewalk Construction, Approved and Adopted
August 28, 1995, incorporated by reference.
19 City of Nashua Ordinance 0-03-219 (Amended), Approved November 14, 2003.
20 Fully Executed City of Nashua Purchase Order

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B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted
otherwise above).

C. There are no Contract Documents other than those listed above in this Article 8.

D. The Contract Documents may only be amended, modified or supplemented as provided in paragraph
3.04 of the General Conditions.

ARTICLE 9 - MISCELLANEOUS
9.01 Terms

A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to
the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.

9.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER
and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.

9.05 Choice of Law and Venue

A. This agreement shall be governed exclusively by the laws of the State of New Hampshire and any
claim or action brought relating to this contract, the work performed or contracted to be performed thereunder, or
referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court Southern
Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere
Address for giving notices to Owner: Address for giving notices to Contractor:

Division of Public Works
9 Riverside Street

Nashua, NH 03062

Agent for service of process:

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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.

CITY OF NASHUA —- OWNER

James Donchess, Mayor City of Nashua

Date:

CONTRACTOR:
By:

(Authorized Representative)

Print Name:

Date:

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TABLE OF CONTENTS

FOR
GENERAL CONDITIONS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY............ccccccsssssssssscsscccssscessessssresssssssseesees 4
1.01 Defined Terms 2.0.0.0... ccc cece cece ce cess cece seeeseeceseecestecuttecsttectittectitesettteeseees 4
1.02 Terminology 0.0.0.0 eee eee reece ne ecb de cbt ebte tobi te tide eteeeteeetieeeieetieetieeeniees 7
ARTICLE 2 - PRELIMINARY MATTE RG .............cccccccsssssessssrccsessssssnessceccessessessenscecesssescsseenees 8
2.01 Delivery of Bonds 2.0.00... ccc cece eee eee eee eee t eed eee ebte tebe teceteceetetitentitecieesieenireetiees 8
2.02 Copies of Document...........0000 occ c cece eee c eee ceeds ene ebet tebe teceteceieetiseetiteeieeteetireeniees 8
2.03 Commencement of Contract Times; Notice to Proceed 00.00.0000... cece ceeeeeccceeessseeeeeneees 8
2.04 Starting the Work. 2.00000 cc cece een en eed e coe e bt tebe decide tiie etistetiteeieeteetireeniees 8
2.05 Before Starting Construction ....000.00. ccc ccc eect cee eeee ects te ete ceeeeteseetsteesteeteetereensees 8
2.06 Preconstruction Conference 000.0000 coco ccc ce ccce ce ceeeseceteeceesteeestesitteettteettesenteeestees 9
2.07 Initial Acceptance of Schedules. oo... c ccc eee c ete t ee te cee etiseetsteeteeseetieeeniees 9
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..........cccccseseee 9
3.0] Tntennt oo HELGE Ob bo tnt ne teetieebnttes 9
3.02 Reference Standards .....0.....00cccccc cece cece cece cece ee cece se seeeseeesesesesteeesseeensteettteetteeestteestees 10
3.03 Reporting and Resolving Discrepancies .........00..000c ccc cece cece cees cece seeneetseeetseetseeteenees 10
3.04 Amending and Supplementing Contract Documents 2.0.0.0... occ cece ccceeee ese etteenees 11
3.05 Reuse of Documents .........0.0000cccc cece cece cece ese ce ee bebe ee seteseceeeseceetesesstesneteettteettesesteeeseees 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS. .........ccscsssccssscssccessccssscessccssccesscesssescceesccssccssnssesceescessnsesnecensscesssesseesneeees 11
4.01 Availability of Lamds oo... ccc ccc eee cine e etree nett ce tbe eetieetteeteetieeteeeieees 11
4.02 Subsurface and Physical Conditions .......00.0.0000 ccc cece ese ente tte tens eete teens ttiseettectieens 12
4.03 Differing Subsurface or Physical Conditions .......000.00cccccc cece cece eecee teense eteetetsteetieens 12
4.04 Underground Facilities 2.000000. cece cence neces tees te cette ectseectectisetieeieeeieens 13
4.05 Reference Points 200.0000 ccc cece cece ce seceseseeseceesesesesesesssssusstessstecstesetttectitesesteeeats 15
4.06 Hazardous Environmental Condition at Site o00...... 000i ceceecccceeeccccecnnseeseenesseeeeeneees 15
ARTICLE 5 - BONDS AND INSURANCE ..,..........csccosscssssssscccsccesscesccssccescccssscesscssnscesssesscessners 16
5.01 Performance, Payment, and Other Bonds ..0......0.0000cccccccccccece cee cete ects tees ceteseeteentseensens 16
5.02 Licenses Sureties and Insurers ......00.00.000co cece cece cece ceceeeceeeeetecesseecsttecsittectsteeesteeentees 16
5.03 Certificates of Insurance oo... 00 cece cece cecces tees ceeestecesteecsttectttectitteestteeseees 17
5.04 CONTRACTOR’s Liability Insurance o.oo e cece enee tens tetteeteetereeniees 17
5.05 Property Insurance .....0... i occceccec cece cece cence ee ette cece ceteaeeeeesseeeeeettsseeeeeteeeeeestsseeesenteeesens 18
5.06 Waiver of Rights... cece eee eee tenet beds cbt ebne ects tetideetettireetseetiieetiretireetiees 19
ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES .............ccssscsssscssscssscessccssecessceesseeszees 19
6.01 Supervision and Superintendence 2.0.00... ccc cece ec eee ects teis cece seeseeetseentseeetieeseenies 19
6.02 Labor; Working Hours.....0..00. cocci cc cece ce settee cet ee cesses cite eetstecsteeseetitenieecteeseenees 19
6.03 Services, Materials, and Equipment ..0..0...0.0000cccccc cece cece cece tees cece seeteeneeeetseettseeteenies 20
6.04 Progress Schedule oo... cee cece cnet bette ee cess cee eitetetseeceseessetieeniseectieeseenies 20
6.05 Substitutes and “Or-Equals” .o.0..000occccc ccc cece ccc c cece ese ceeeceeeetsseceseetsessreetseeetieeseenies 21
6.06 Concerning Subcontractors, Suppliers, and Others... ccc cece eeeeeesseeeeenees 22
6.07 Patent Fees and Royalties 0.000.000. cc ccc cece cette cesses ebtetetseeceseetssiiretieeetieeseenees 23

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6.08 Perwmits o.oo... c cece cc cccccccccccceeceeeeeeeeeeeeeeeeeeeeeeeeeecececececeeeeeeececececececececececececececeseceeecess 23

6.09 Laws and Regulations 2.0.00... ccc ccc cece cece et tee tebe ee ce se ce ebeetetseecsseetesiireeieectieeseenits 24
O10 Taxes. ccccccccccccc cc ccc cece cece ee ceeeeeeecseeeeecteeeeeeeetsaeeeeessseeesestseeeeeesseeeeesssseeeseniaeesenesseees 26
6.11 Use of Site and Other Areas ....0.0..00c ccc cece cece etc e cesses ebeeeeteteceseeteetetenieeesieeneenies 26
6.12 Record Documents ..........0 ccc cece cece tent eee cece secs ebeetetseeceseesseiisenisteetieeseenies 27
6.13 Safety and Protection 2.00.00. c cece cece eee eets tees seceeeeitetetseecsseessetereeieeetieeseenies 27
6.14 Safety Representative 0.00000 ccc cect eee eet eects cee ebeeeeiseeceseetesiireniseeetieeseenees 29
6.15 Hazard Communication Programs........0.0.0.0ccccc cece ccc e se eete ects tens eece teense essteeiseeeieeteenees 29
6.16 Emergencies... ccc ccc cece cece ene c ene e cee cece ne tebe eeceseceeeeiietetseecstsesstiireeieestseseenees 29
6.17 Shop drawings and Samples ......00..0.00c ccc cece ccc cee cee se cee ectetetseetsseeteesiseeisteerieeteenees 29
6.18 Continuing the Work 0.0.0.0 cece eee tbe e cnet eee te cee elittetitecsteetstiisenieeetieeseenies 30
6.19 CONTRACTOR’s General Warranty and Guarantee.......0000000c ccc ccc ccc ceeeeeeseeteenees 31
6.20 Indemnification... ccc ccc cece c eee e teense bnetebeeeceseceeeeteeetseecseetsetiresiesetieeseenies 31
ARTICLE 7 - OTHER WORK ........ cc eccscsccescscceesscssessecsescecsesceccscssesscssessecsessessescessssssecsessesseeee 32
7.01 Related Work at Site 2.00.00 ce cece eect cnet ens ee cede cee ebbeeetieeceseeneeiirttieectieeteenies 32
7.02 Coordination 0... ccc ec eee eee cee eee ect cent ects te ce secneeecieeeiseecseetesiireeiseeetieeteenits 32
ARTICLE 8 - OWNER'S RESPONSIBILITIES ...........csccssssssssssssscssscssscescsecsscssscsserseessnsssesenes 33
8.01 Communications to Contractor... cocci ccc cee ceee ects eet tec te cee etistetetetetecteetireeniees 33
8.02 Replacement of ENGINEER .000..00..0.00000ccccccccc eee e eee e cette ete te tte ceeebistetstetteeteetireeniees 33
8.03 Furnish Data 0.0.0.0. cere e nate c tect ebteeetetetedeenieetittetstettieetisenirentiees 33
8.04 Pay Promptly When Due... cece eect enn eene tet teceeetistetstetiieetsetieensees 33
8.05 Lands and Easements; Reports and Tests ....0..00.000ccccccccceccseccee eect eeeseetstetsecteenereeniees 33
8.06 INSuran Ce... cece cece cece ce cece eee eeeeeeteeeeectteeeeecetsaeeeeesseeeesetiseeeeeeseseeesstiseeesenieeesens 33
8.07 Change Orders .....0..00 ccc ccc ccc cece eee cence ented ec de ce ebbe ects tetedeecieesiseetstetieetiresereenies 33
8.08 Inspections, Tests, and Approvals .0..0...0..000cccccccc cece eect eee eete retest cee etiseetetetteetsenireensees 33
8.09 Limitations on OWNER's Responsibilities .....0..000000cccc ccc cece ects tetstetseeteetereensees 33
8.10 Undisclosed Hazardous Environmental Condition......0.000000 ccc cece cece ee eeeteeeeennees 33
8.11 Evidence of Financial Arrangements......000000000c ccc cece cece cee tect ents eeteteteseeteeterennsees 34
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION wu... sccssssssesscessseceees 34
9.01 OWNER’s Representative... ccc cece ccc cee ceee cette cesses ebtetetstecsseetseiiseniseeetieeseenies 34
9.02 Visits to Site o.oo cece een cnn cent eed e cect ne tebe tebe de caeeteetiseeciseetisetirenistectieeteenies 34
9.03 Project Representative 0.0.0.0 ccc ect cece bee tets eens teceeeteeeetstecseesesiireeieectieeteenies 34
9.04 Clarifications and Interpretations .0..0.0.00000 ccc ccc ccc ccs e cee ecee sets eecsteeseeeteteniseeeieeteenies 34
9.05 Authorized Variations 1n Work 0.00.00 oc ccc ccc cence ese cee ecbetetsteceseeeeeetiretistectieettenies 35
9.06 Rejecting Defective Work oo... ccc cece ete c et ee ce se cee ebbetetseeceseesesiieeeieectieeteenies 35
9.07 Shop Drawings, Change Orders and Payment ........000..0000cccccccccseceeeeeecesstetseeeteeteenees 35
9.08 Determinations for Unit Price Work o.oo c te eeteecee tens ce ce seeteeteeetiseeeieeteenies 35
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .............. 35
9.10 Limitations on ENGINEER's Authority and Responsibilities 2.000.000.0000. cece 35
ARTICLE 10 - CHANGES IN THE WORK; CLAIMG............cccscssscssscescssscscssscssesseessesssecenes 36
10.01 Authorized Changes in the Work .....000000cccccccc ccc cece ects ents tet setseetssentsteeieeteenies 36
10.02 Unauthorized Changes in the Work..0...00.000occcccccc cece cece eee cete tees seteeetesentstetseeneenies 36
10.03 Execution of Change Orders......0..000c0c ccc ccc cece cece eee c ects cbt eeeeeetsteceeseetseseetsteetseeseenies 36
10.04 Notification to Surety 00.0000. c ccc cence bee cece tects cbeebteeeteteseeeenetiisentitessieeseenies 37
10.05 Disputes — Not Insurance Related ...00.0.000 ooo ce cece cece cete tects tse esiseetsteeseeseenies 37
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.38
11.01 Cost of the Work 2.0.00. e cece nee e bbe t ects cette tntiteniseteseetireetitettieeteenees 38

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