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CLIENT RESPONSIBILITIES

Final Engineering Design Proposal 05-11-22

4920

Owner/Contractor contract documents (except technical documents) and/or
purchase order, in order to solicit for and enter into a construction contract with a
Contractor or Construction Manager.

Solicit, administer, and award bids for construction implementation of this project.

Provide construction administration and supervisions of Contractor or Construction
Manager.

Obtain federal, state, and local permits and approvals necessary for the
implementation of this work.

Pay permit fee(s} for the new boring plan State Wetlands Permit or any other permit
fees that may be required.

Issues dealing with hazardous materials.

TURNER

GROUP

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with
the Contract Documents, will survive final payment, completion, and an acceptance of the Work or termination or
completion of the Agreement.

17.05 Controlling Law

A. This contract 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

17.06 Access to Records

A. At all times during regular business hours, CONTRACTOR shall provide full and free access to the OWNER,
ENGINEER, and State of New Hampshire to any books, documents, papers, and records related to the work for the
purpose of examination, audit, and duplication. The CONTRACTOR shall maintain all required accounts, records, and
books for three years after final completion of the work.

17.07 Road Closures and Traffic Delays

A. Partial or full closure of streets in order to facilitate construction will be permitted, or required by the Engineer in
accordance with the following:

1. If the CONTRACTOR proposes a closure, the CONTRACTOR notifies the OWNER in writing at least 5 days
prior to the proposed closure of his intent to close the road.

2. At least 5 days prior to the proposed closure, the CONTRACTOR shall submit a detour traffic plan for each
location being detoured.

3. The CONTRACTOR shall install standard traffic control devices in accordance with the Detour Signage plan
provided in the bid documents and the Manual on Uniform Traffic Control Devices (MUTCD.)

4. The detour signage shall be covered when the road closure is not in effect.

B. CONTRACTOR shail notify the following agencies of any traffic delays or road closures three days in advance of
the work:

Nashua Police Department: (603) 594-3500
Nashua Fire Department: (603) 594-3652
School Bus Garage: (603) 594-4300
Nashua Solid Waste Department (603) 589-3410
Nashua Building Department (603) 589-3080

17.08 Prohibited Interests

A. CONTRACTOR shall not allow any officer or employee of the OWNER to have any indirect or direct interest in
this contract or the proceeds of this contract CONTRACTOR warrants that no officer or employee of the OWNER has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of CONTRACTOR. If any such interest comes to the attention of CONTRACTOR at any time, a full and
complete disclosure of the interest shall be immediately made in writing to the OWNER. CONTRACTOR also
warrants that it presently has no interest and that it will not acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance of services required to be performed under this contract.
CONTRACTOR further warrants that no person having such an interest shall be employed in the performance of this
contract. If OWNER determines that a conflict exists and was not disclosed to the OWNER, it may terminate the
contract at will or for cause in accordance with Article 15.02.

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B. In the event Contractor (or any of its officers, partners, principals, or employees acting with its authority) is
convicted of a crime involving a public official arising out or in connection with the procurement of work to be done or
payments to be made under this contract, City may terminate the contract at will or for cause in accordance with
paragraph 9. Upon termination, Contractor shall refund to the City any profits realized under this contract, and
Contractor shall be liable to the City for any costs incurred by the City in completing the work described in this
contract. At the discretion of the City, these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

C. Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered or given by
Contractor to any officer or employee of the City with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending or making of any determinations with respect to the performance
of this contract. If City determines that such gratuities were or offered or given, it may terminate the contract at will or
for cause in accordance with Article 15.02.

D. The rights and remedies of this section shall in no way be considered for be construed as a waiver of any other
rights or remedies available to the City under this contract or at law.

17.09 Cooperation with Refuse Pickup
A. Contractor shall determine the schedule for trash pickup by contacting the City of Nashua Solid Waste Department.
The Contractor shall cooperate and make arrangements to insure that trash pickup is not delayed or obstructed in any

way. This may involve the Contractor bring trash barrels to the front or backside of the work area for pickup by the
Solid Waste Department and then returning the barrels back to each house.

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DIVISION 7

SUPPLEMENTARYCONDITIONS

SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.

A.

ENGINEER’S CONSULTANT
Hayner/Swanson, Inc., 3 Congress Street, Nashua, NH 03062 is an Engineer’s Consultant
as defined in Article 1 of the General Conditions.

In this capacity, Hayner/Swanson, Inc. has prepared the plans, specifications and bid
forms on behalf of the Engineer.

Hayner/Swanson, Inc. may perform additional professional services on behalf of the
Engineer during the administration of this contract as directed by the Engineer.

OTHER WORK IN CONTRACT AREA
Other City and utility work may be in progress within the project area during work in this
contract.

It is anticipated that the gas and water companies will be replacing sections of their
existing lines either before or upon completion of the sewer replacement project. The
contractor shall cooperate fully with that work.

The Contractor shall strive to provide coordination with other work within the project
area to minimize disruption.

The Contractor shall notify the Engineer with as much advance notice as reasonably
possible of any concerns with other work in the project area.

WORK HOURS

Reference is made to Section 6.02 Labor; Working Hours of the General Conditions.
Except as stated below, normal working hours shall be from 7:00 AM to 5:00 PM
Monday through Friday. No weekend, holiday or night work will be allowed without

advance written approval of the City Engineer.

Requests for work beyond those hours normally allowed on weekdays shall be made by
the Contractor at least 72 hours in advance.

Requests for work on Saturdays, Sundays and holidays shall be made at least one week in
advance.

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Contractor should not assume requests for hours beyond the hours and days normally
allowed will be approved. Requests will be considered on a case by case basis.

USE OF GROUNDS

Any area outside the limits of the project area (right-of-way within project limits) which
the Contractor may require for storage of equipment and materials, or for other purposes
necessary in the performance of the Work, shall be secured by the Contractor at their own
expense. Materials, including excavation intended for backfill, shall not be stored or
stacked within any roadway clear zones, or in a manner that obstructs adequate sight lines
unless specifically permitted in writing by the Engineer. The Contractor is responsible
for providing security as required and erosion controls at no cost to the City.

TRAFFIC CONTROL PLAN
Reference is made to Section 01110 Control of Work and Materials, Subsection 5
Maintenance of Traffic in the Construction Specifications.

Reference is also made to Section 17.07 Road Closures and Traffic Delays of the General
Conditions.

The following are considered part of the Traffic Control Plan:

1. Section 618 and 619 of the Standard Specifications.

2. Work Zone Traffic Control Standard Sheets*

3. Manual on Uniform Traffic Control Devices, (MUTCD), 2009 Edition, including
all current updates and official interpretations.

4. Positive Protection Guidance for Work Zones (PPGWZ)*

5. Flagger and Uniformed Officer Use in Work Zones Policy and Guidelines*

*Available online under Doing Business with DOT>Contractors at www.nhdot.com or
through the NHDOT Contracts office (603-271-3732).

The Contractor shall provide necessary traffic control devices to ensure the safety of the
workers, traveling public, and property owners on this project. The above referenced
specifications, guidelines, and provisions herein provide minimum requirements; the
Contractor may be directed to expand upon the Traffic Control Plan if conditions warrant.

All signs, channelizing devices and arrow boards as required by the Manual on Uniform
Traffic Control Devices, including part six, as amended, and the above Standard Sheets
shall be in place prior to moving any equipment onto the pavement.

The Contractor shall provide trained personnel, including Uniformed Officers and
Flaggers in accordance with Section 618, to be responsible for the maintenance of traffic.

All materials furnished and used for maintenance of traffic, shall be required to be
certified for reflectivity. Damaged devices shall be replaced as directed by the Engineer
without additional compensation. Regardless of action that may be taken or not taken by
the Engineer, the Contractor shall be solely responsible for the appropriateness,
reflectivity and condition of all materials provided as well as placement and maintenance
of traffic control elements.

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CHANGES TO THE CONTRACT WORK
At the Owner’s discretion, the Owner may choose to remove portions of the work from
this Contract. The Contractor shall be paid only for work actually performed.

The Owner also reserves the right to add additional work of similar type at other
locations within the City. This may be in place of portions of work removed from the
Contract or may be in addition to the scope of the Contract. Should the value of total
work exceed the contract amount with consideration of additional work to be performed,
the Owner will present a contract amendment proposal to the Contractor.

PARKING REQUIREMENTS

The Contractor is responsible for obtaining the City official “No On-Street Parking” signs
when needed. These signs are available at the City Engineering Office. At the
completion of work, the signs shall be removed and returned to the City in good
condition.

COOPERATION WITH REFUSE PICKUP
Reference is made to General Conditions Section 17.09, Cooperation with Refuse Pickup.

HAZARDOUS ENVIRONMENTAL CONDITION
Reference is made to General Conditions Section 4.06, Hazardous Environmental
Condition at Site.

It is not anticipated that hazardous materials will be encountered during excavation for
the contract work.

However, the Contractor should be aware that as yet undiscovered areas with asbestos
containing material or other hazardous contaminants may be encountered.

An allowance (ITEM 10) has been incorporated into the contract to be used if, and only
if, hazardous material is encountered.

Should suspected hazardous material be encountered, the Contractor shall stop work and
immediately notify the Engineer.

Appropriate steps will be taken to cover and protect stockpiles and the work in
accordance with NHDES policies and local, state and Federal requirements.

The Contractor shall cooperate fully with the Engineer as investigations, testing and
referrals are performed.

The allowance shall be used to compensate the Contractor for costs and expenses
incurred as directed by and agreed to be the Engineer.

Negotiations and compensation for work associated with addressing unanticipated

hazardous materials encountered during excavation shall be consistent with provisions in
the Contract for Changes in the Work.

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RESTORATION OF EXISTING PROPERTY
Reference is made to Section 01110 Control of Work and Materials Paragraph 7.F of the
Construction Specifications.

Failure to promptly restore existing property and structures including, but not limited to
driveways and lawns, may result in the Engineer’s determination that associated work is
not complete and therefore not eligible for progress payment. Such associated work may
include, but not be limited to paving, pipe installation, catch basins, manholes and
curbing.

ELECTRIC SERVICES

Contractor shall make all necessary applications and arrangements and pay for all fees
and charges for electrical energy for power and light necessary for the proper completion
of this contract during its entire progress. The Contractor shall provide and pay for all
temporary wiring, switches, connections, and meters.

. There shall be sufficient electric lighting so that all work may be done in a safe
and workmanlike manner where there is not sufficient daylight.

WATER FOR CONTRACT WORK
The Contractor shall supply all water needed to complete contract work at no separate
cost to the Owner.

DIMENSIONS OF PHYSICAL FEATURES

Where the dimensions and locations of physical features and structures are of critical
importance in the installation or connections of the work, the Contractor shall verify such
dimensions and locations in the field before fabrication of any material or equipment
which is dependent on the correctness of such information.

SUPERINTENDENCE OF THE WORK
Reference is made to General Conditions Section 6.01, Supervision and Superintendence.

Contractor shall provide appropriate onsite superintendence of all aspects of the work
whether performed by the Contractor or by subcontractors.

Qualified Superintendent(s) shall be assigned for all crews. Contact information will be
provided for all Superintendents.

MAINTENANCE DURING WEATHER EVENTS
The Contractor’s obligation to protect the public traveling through the project site shall
include maintaining safe passage during rain and other weather events.

The Contractor shall plan in advance of forecasted inclement weather events and shall
assign crews to perform maintenance of unpaved areas open to traffic during and after
inclement weather events. Contractor is responsible to coordinate with the Engineer and
other City officials as appropriate.

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CONTRACTOR’S REPRESENTATIVE

The Contractor shall designate a representative who will be available to respond to
emergency calls by the Owner at any time day and night and on weekends and holidays
should such a situation arise.

Should the City determine action by the City is needed, or if costs are incurred because
the Contractor’s Representative is not available, the City will backcharge the Contractor
for associated expenses.

SCHEDULING AND COORDINATION
Reference is made to General Conditions Section 2.05, Before Starting Construction and
General Conditions Section 6.04, Progress Schedule.

Prior to the start of construction, the Contractor shall submit a comprehensive schedule to
the Engineer for review and acceptance.

The schedule will identify the number of crews and completion dates for all critical
elements of work.

Detailed updates of the schedule shall be submitted to the Engineer for review and
acceptance on at least a monthly interval.

The Engineer may withhold progress payments if acceptable monthly schedule updates
are not submitted.

The Contractor shall not increase the number of crews assigned to the work as identified
in the schedule without providing one week advanced notice to the Engineer.

PROTECTION OF LANDSCAPING

Contractor shall take appropriate measures to protect trees, shrubs and other landscaping.
Branches, limbs and roots shall not be cut except with permission of the Engineer.
Where cutting is necessary, work shall be performed by qualified workers.

REMOVAL OF DEBRIS AND SURPLUS MATERIAL
Neither debris nor surplus material shall be deposited on private property.

Debris and surplus material shall be removed from the project area as promptly as
practical.

If the Contractor should fail to promptly remove debris or surplus material from the
project area, or if Contractor deposits same on private property, progress payment(s) may
be withheld.

PROTECTION OF MANHOLES AND PIPELINES

Appropriate measures will be taken to protect manholes and other structures as well as
pipelines from debris and other materials entering the system through open covers or
grates.

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Should material enter the system or be deposited during or because of the Contractor’s
activities, this material shall be removed at the Contractor’s expense.

The Contractor may be required to clean structures and pipelines downstream of the
location where material entered the system.

The Contractor may be required to provide television inspection services to verify that
material has been removed.

DISPOSAL OF EXCESS MATERIAL

Excess excavated materials shall be disposed of at the Nashua Landfill. The tipping fee
for clean excess material shall be waived. Contractor shall make arrangements with the
Owner prior to hauling material to the landfill.

Material removed from sewer pipelines and manholes can be delivered and disposed of at

the Nashua Landfill provided the material has been decanted. There will be no fee for
this disposal.

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