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29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the
Contract Documents.

30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the
Agreement and for whom the Work is to be performed.

31. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which
it is intended (or a related purpose) prior to Substantial Completion of all the Work.

32. PCB’s--Polychlorinated biphenyls.

33. Petroleum-- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum,
fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oi! mixed with other non-Hazardous Waste and crude oils.

34. Project--The total construction of which the Work to be performed under the Contract Documents may be the
whole, or a part as may be indicated elsewhere in the contract Documents.

35. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A
listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the
table(s) of contents.

36. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to time.

37. Resident Project Representative--The authorized representative of ENGINEER who may be assigned to the
Site or any part thereof.

38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion
of the Work and which establish the standards by which such portion of the Work will be judged.

39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are

specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some
portion of the Work.

40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the
Work is to performed, including rights-of-way and easements for access thereto, and such other lands furnished by
OWNER which are designated for the use of CONTRACTOR.

41. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials,

equipment, systems, standards, and workmanship as applied to the Work and certain administrative details
applicable thereto.

42. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work at the Site.

43. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point
where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance
with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for

which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of
the Work refer to Substantial Completion thereof.

44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these
General Conditions.

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45. Supplier--A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work
by CONTRACTOR or any Subcontractor.

46. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks,
tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that
convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

47. Unit Price Work--Work to be paid for on the basis of unit prices.

48. Work--The entire completed construction or the various separately identifiable parts thereof required to be
provided in the Contract Documents. Work includes and is the result of performing or providing all labor,
services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as required by the Contract Documents.

49, Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or
nontechnical rather than strictly construction-related aspects of the Contract Documents.

1.02 Terminology
A. Intent of Certain Terms or Adjectives

1. Whenever in the Contract Documents the terms “as allows,” “as approved,” or terms of like effect or import are
used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect
or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such
action or determination will be solely to evaluate, in general, the completed Work for compliance with the
requirements of and information in the Contract Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to

undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract
Documents.

B. Day

1. The work “day” shall constitute a calendar day of regular working hours except Saturdays, Sundays and any
legal holiday.

C. Defective

1. The word “defective,” when modifying the work “Work,” refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior
to ENGINEER’s recommendation of final payment (unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).

D. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and

deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or
installation and in usable or operable condition.

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2. The word “install,” when used in connection with services, materials, or equipment, shall mean to furnish and
install said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or ‘Provide,” when used in connection with services, materials, or equipment, shall mean
to furnish and install said services, materials, or equipment complete and ready for intended use.

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of CONTRACTOR, “provide” is implied.

E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or

construction industry or trade meaning are used in the Contract Documents in accordance with such recognized
meaning.

ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds

A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to furnish.

2.02 Copies of Documents

A. OWNER shall furnish to CONTRACTOR up to 5 copies of the Contract Documents as are reasonably necessary for
execution of the Work. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence on the day indicated in the Notice to Proceed

2.04 Starting the Work

A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work
shall be done at the Site prior to the date on which the Contract Times commence to run.

2.05 Before Starting Construction

A. CONTRACTOR’s Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all
applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably should have known thereof.

B. Preliminary Schedules: Within ten days after the effective Date of the Agreement (unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review:

1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the
various stages of the Work, including any Milestones specified in the Contract Documents;

2. A preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the
times for submitting, reviewing, and processing such submittal; and

3.A preliminary schedule of values for all of the Work which includes quantities and prices of items which when
added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve

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as the basis for progress payments during performance of the Work. Such prices will include an appropriate
amount of overhead and profit applicable to each item of Work.

C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to
the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5.

2.06 Preconstruction Conference

A. Within 20 days after the Contract times start to run, but before any Work at the Site is started, a conference attended
by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among
the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop
Drawings and other submittals, processing Applications for Payment, and maintaining required records.

2.07 Initial Acceptance of Schedules

A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application
for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B.
CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit

the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to
ENGINEER.

1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to
completion within any specified Milestones and the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR from CONTRACTOR’s full responsibility therefore.

2. CONTRACTOR’s schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and processing the required submittals.

3. CONTRACTOR’s schedule of values will be acceptable to ENGINEER as to form and substance if it provides a
reasonable allocation of the Contract Price to component parts of the Work.

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.
B. It is the intent of the Contract documents to describe a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being

required to produce the intended result will be provided whether or not specifically called for at no additional cost to
OWNER.

C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article
9.

3.02 Reference Standards

A. Standards, Specifications, Codes, Laws, and Regulations

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1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association,
or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard,
specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective
Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract
Documents.

2.No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their
subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any
such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER’s Consultants,
agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or
authority to undertake responsibility inconsistent with the provisions of the Contract Document.

3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies

1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or
Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any
instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16A) until an
amendment or supplement to the Contract Documents has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure

to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should
have known thereof.

2. In case of discrepancy, calculated dimensions will govern over scaled dimensions, Drawings will govern over
Standard Specifications, and Construction Specifications will govern over both Drawings and Standard
Specifications. The CONTRACTOR shall take no advantage of any apparent error or omission in the Drawings or
Construction Specifications, and the ENGINEER will be permitted to make such corrections and interpretations as
may be deemed necessary to fulfill the intent of the Contract Documents.

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract

Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions
of the Contract Documents and:

a. The provisions of any standard, specification, manual, code, or instruction (whether or not specifically
incorporated by reference in the Contract Documents); or

b. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an

interpretation of the provisions of the Contract Documents would result in violation of such Law or
Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment, or (ii) a
Change Order; order B. The requirements of the Contract Documents may be supplemented and minor variations and
deviations in the Work may be authorized, by one of more of the following ways: (i) a Field Order; (ii) ENGINEER’s
approval of a Shop Drawing or Sample; or (iii) ENGINEER’s written interpretation or clarification.

GC - 10 of 53

3.05 Reuse of Documents

A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the
Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in
any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER’s Consultant, including electronic media editions. This prohibition will survive final
payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall
preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS

4.01 Availability of Lands

A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which CONTRACTOR must comply in performing
the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent
changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in
OWNER’ furnishing the Site, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05.

B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal
title and legal description of the lands upon which the Work is to be performed and OWNER’s interest therein as

necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with
applicable Laws and Regulations.

C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.

D. If corporate or private property interferes with the Work, CONTRACTOR shail notify, in writing, the OWNER’s
of such property, advising them of the nature of the interference and shall arrange to cooperate with them for the
protection or disposition of such property. CONTRACTOR shall furnish the ENGINEER with copies of such

notifications and with copies of any agreements between the CONTRACTOR and the property OWNER’s concerning
such protection or disposition.

E. CONTRACTOR shall take a!l necessary precautions for the protection of corporate or private property, such as
walls and foundations of buildings, vaults, underground structures of public utilities, underground drainage facilities,
overhead structures of public utilities, trees, shrubbery, crops, and fences contiguous to the Work, of which the
Contract does not provide for removal. CONTRACTOR shall protect and carefully preserve all official survey
monuments, property marks, section markers, and Geological Survey Monuments, or other similar monuments, until
OWNER, or authorized Surveyor or agent has witnessed or otherwise referenced their location or relocation.

CONTRACTOR shall notify the ENGINEER of the presence of any such survey or property monuments as soon as
they are discovered.

F. CONTRACTOR shall be responsible for the damage or destruction of property of any character resulting from
neglect, misconduct, or omission in its manner or method of execution or the non-execution of the work, or caused by
defective work or the use of unsatisfactory materials, and such responsibility shall not be released until the work shall
have been completed and accepted and the requirements of the Construction Specifications complied with.

G. Whenever public or private property is so damaged or destroyed, the CONTRACTOR shall at its own expense,
restore such property to a condition equal to that existing before such damage or injury was done by repairing,
rebuilding, or replacing it as may be directed, or the CONTRACTOR shall otherwise make good such damage or
destruction in an acceptable manner. If the CONTRACTOR fails to do so, the ENGINEER may, after giving the
CONTRACTOR notice in writing, proceed to repair, rebuild, or otherwise restore such property as may be deemed

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necessary, and the cost thereof shall be deducted from any compensation due, or which may become due, the
CONTRACTOR under its Contract.

4.02 Subsurface and Physical Conditions
A. Reports and Drawings:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has
used in preparing the Contract Documents; and

2. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents.

B. Limited Reliance by CONTRACTOR on Technical Data Authorized:

CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and drawings,
but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Except for such reliance on such “technical data,” CONTRACTOR may not rely upon or make any Claim
against OWNER, ENGINEER, or any of ENGINEER’s Consultants with respect to:

1. The completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, and safety precautions and programs incident thereto; or

2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such
drawings; or

3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions, or information.

C. Potential for Hazardous Materials:

Work may include excavation through, and removal of, soils potentially containing undocumented asbestos-containing
or other hazardous materials. Should the CONTRACTOR, while performing work under this Contract, uncover
hazardous materials, as defined in federal, state and local regulations, he/she shall immediately notify the Engineer.
No further disturbance of the area shall occur until the Engineer has collected and analyzed a representative sample of
the suspected material. The area shall be cordoned off and covered with 6-mil polyethylene sheeting and await further
directions from the Engineer.

4.03 Differing Subsurface or Physical Conditions

A. Notice: If CONTRACTOR believes that any subsurface or physical conditions at or contiguous to the Site that is
uncovered or revealed either:

1. Is of such a nature as to establish that any “technical data” on which CONTRACTOR is entitled to rely as
provided in paragraph 4.02 is materially inaccurate; or

2. Is of such a nature as to require a change in the Contract Documents; or
3. Differs materially from that shown or indicated in the Contract Documents; or
4.Is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized

as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly
after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any

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REPORT OF THE FINANCE COMMITTEE
JULY 6, 2022

A meeting of the Finance Committee was held on Wednesday, July 6, 2022, at 7:00 p.m. in the Aldermanic
Chamber and via Zoom. The meeting link information can be found on the agenda.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Mayor Jim Donchess
Alderman Patricia Klee, Vice Chair
Alderman Alex Comeau
Alderman Tyler Gouveia
Alderman-at-Large Ben Clemons
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Melbourne Moran, Jr.

Also in Attendance: John Griffin, CFO/Comptroller
Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager
Jennifer McCormack, Library Director
David Boucher, Wastewater Superintendent
Jeff Lafleur, Solid Waste Superintendent
Dan Hudson, City Engineer
Jennifer Deshaies, Risk Manager

PUBLIC COMMENT

COMMUNICATIONS

From: Tim Cummings, Economic Development Director
Re: Communication — Approval & Place on File a Contract for Professional Engineering Services related to the Nashua
Downtown Riverfront Implementation Project with H.L. Turner Group

MOTION BY ALDERMAN MORAN TO TABLE THE FIRST PHASE ON THE SPECIFIC DETAILS OF THE
CANTILEVERED BOARDWALKS TO H.L. TURNER GROUP IN AN AMOUNT NOT TO EXCEED $404,340.
FUNDING WILL BE THROUGH THE TIF ACOUNT CREATED TO IMPLEMENT THE DOWNTOWN
RIVERFRONT PROJECT

MOTION CARRIED

From: Tim Cummings, Economic Development Director
Re: Communication — Approval & Place on File a Contract Amendment for Professional Engineering Services related
to the Nashua Downtown Riverfront Implementation Project VHB, Inc. for Water Street Design Services

MOTION BY ALDERMAN MORAN TO TABLE THE AMENDMENT FOR DESIGN SERVICES FOR WATER
STREET WORK TO VHB IN AN AMOUNT NOT TO EXCEED $26,730 FOR A TOTAL PURCHASE ORDER
OF $252,095. FUNDING WILL BE THROUGH THE TIF ACOUNT CREATED TO IMPLEMENT THE
DOWNTOWN RIVERFRONT PROJECT

MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Commissioning Services in the amount not to exceed $27,550 funded from 53107 Architect & Engineering
Services/DPW Facility (Economic Development)

MOTION BY ALDERMAN MORAN TO TABLE THE CONTRACT FOR COMMISSIONING SERVICES TO
FITZEMEYER AND TOCCI IN AN AMOUNT NOT TO EXCEED $27,550. FUNDING WILL BE THROUGH:

Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and
ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform
any Work in connection therewith (except as aforesaid) until receipt of written order to do so.

B. ENGINEER’s Review: After receipt of written notice as required by paragraph 4.03.4, ENGINEER will
promptly review the pertinent condition, determine the necessity of OWNER’s obtaining additional exploration or tests

with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER’S findings and
conclusions.

C. Possible Price and Times Adjustments

1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of
such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR’s cost of, or
time required for, performance of the Work; subject, however, to the following:

a. Such condition must meet any one or more of the categories described in paragraph 4.03.A; and

b. With respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be
subject to the provisions of paragraphs 9.08 and 11.03.

2.CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if:

a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or
becoming bound under a negotiated contract; or

b. The existence of such condition could reasonably have been discovered or revealed as a result of any
examination, investigation, exploration, test, or study of the Site and Contiguous areas required by the Bidding

Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR’s
making such final commitment; or

c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A.

3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any
adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as provided in
paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER’s Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses, or 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)
sustained by CONTRACTOR on or in connection with any other project or anticipated project.

4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or

ENGINEER by the OWNER’s of such Underground Facilities, including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:

1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or
data; and

2. The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full
responsibility for:

a. Reviewing and checking all such information and data,

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b. Locating all Underground Facilities shown or indicated in the Contract Documents.

c. Coordination of the Work with the OWNER’s of such Underground Facilities, including OWNER, during
construction, and

d. The safety and protection of all such Underground Facilities and repairing any damage thereto resulting
from the Work.

B. Not Shown or Indicated

|. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or
indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall,
promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as required by paragraph 6.16.A). identify the OWNER of
such Underground Facility and give written notice to that OWNER and to OWNER and ENGINEER. ENGINEER
will promptly review the Underground Facility and determine the extent, if any, to which a change is required in
the Contract Documents to reflect and document the consequences of the existence or location of the Underground
Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such
Underground Facility.

2. If ENGINEER concludes that a change in the Contract Documents is required, a Change Order will be issued to
reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract
Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that
CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have
anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim
therefore as provided in paragraph 10.05.

3. CONTRACTOR shall notify the following underground utility locating service at least three full working days
prior to beginning work: Dig Safe System, Inc. 1-800-344-7233.

A list of the major public utilities servicing the work area follows. The list indicates the name and telephone
number of the responsible authority of the various utilities which should be notified if conflicts or emergencies
arise during the progress of the work.

Electricity — Eversource 1-800-662-7764
Natural Gas ~ Liberty Energy 1-603-222-3705
Water — Pennichuck Water Works 1-603-882-5191
Telephone —Fairpoint Communications 1-603-645-3500
Cable TV — Comcast 1-888-633-4266

Fire Alarm Cable — Nashua Fire Department 1-603-594-3641

4, At points where the CONTRACTOR’s operations are adjacent to public and private utilities, CONTRACTOR
shall not commence work until CONTRACTOR has made all arrangements necessary for the protection of utilities.
5. CONTRACTOR shall coordinate and cooperate with the OWNER’s of any underground or overhead utility
lines in their removal and rearrangement operations in order that these operations may progress in a reasonable
manner, that duplication of rearrangement work may be reduced to a minimum, and that services rendered by those
parties will not be unnecessarily interrupted.

4.05 Reference Points
A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER’s

judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for
laying out the Work, shall protect and preserve the established reference points and property monuments, and shall

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