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5.04 CONTRACTOR’s Liability Insurance

A. CONTRACTOR shall purchase and maintain such liability and other insurance as is required by OWNER which
will provide protection from claims which may arise out of or result from CONTRACTOR’s performance of the Work
and CONTRACTOR’s other obligations under the Contract Documents, whether it is to be performed by
CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any of them may be liable.

B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall:

1, Include as additional insured (subject to any customary exclusion in respect of professional liability) OWNER,
ENGINEER.

2. The CONTRACTOR must maintain the following lines of coverage and policy limits for the duration of the
contract. Any subcontractors used by the CONTRACTOR are subject to the same coverage and limits and is a
subcontractor of the CONTRACTOR and not the OWNER. It is the responsibility of the CONTRACTOR to

update Certificates of Insurance during the term of the contract. Provide coverage for not less than the following
amounts or greater:

General Liability
$1,000,000 per Occurrence
$2,000,000 Aggregate
City of Nashua Additional Insured

Motor Vehicle Liability *coverage must include all owned, non-owned and hired vehicles.

$1,000,000 Combined Single Limit
Automobile Liability
City of Nashua Additional Insured

Workers’ Compensation Coverage according to Statute of the State of New Hampshire:
$100,000 / $500,000 / $100,000

All bidders and subcontractors at every tier under the bidder will fully comply with NH RSA Chapter 281-A,
“Workers? Compensation”,

It is the responsibility of the contractor to submit to the City of Nashua certificates of insurance for all
subcontractors prior to the start of the project. It is the responsibility of the contractor to provide the City with
updated certificates of insurance for the contractor and all subcontractors 10 days prior to the expiration of
coverage. The City may, at any time, order the contractor to stop work, suspend the contract or terminate the
contract for non-compliance. All subcontractors are subject to the same insurance requirements as the contractor.

3. Include completed operations insurance;

4. Include contractual liability insurance covering CONTRACTOR’s indemnity obligations under paragraphs 6.07,
6.11, and 6.20;

5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or
renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has

been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so
provide);

6. Remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting,
removing or replacing defective Work in accordance with paragraph 13.07; and

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7. With respect to completed operations insurance, and any insurance coverage written on a claims-made basis,
remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each
other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been
issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final
payment and one year thereafter).

C. CONTRACTOR agrees to maintain all required insurance 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. CONTRACTOR further agrees, if applicable, 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.

5.05 Property Insurance

A. CONTRACTOR must purchase and maintain property insurance upon the Work at the Site in the amount of the full
replacement cost of the Work. This insurance shall:

1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’s Consultants and
any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners,
employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an
insurable interest and shall be listed as an insured or additional insured;

2. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees
and charges of engineers and architects);

3.cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that the materials and equipment have been included in an
application for payment recommended by ENGINEER; and

4. allow for partial utilization of the Work by OWNER:

5. include testing and startup; and

6. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER,
CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a
certificate of insurance has been issued.

B. CONTRACTOR shall be responsible for any deductible or self-insured retention. The risk of loss within the
identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and
if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain
it at the purchaser’s own expense. OWNER shall not be responsible for purchasing and maintaining any property
insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the
Work to the extent of any deductible amounts that are identified in the Supplementary Conditions.

C. All the policies of insurance (and the certificates or other evidence of the policy) required to be purchased and
maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will
not be canceled or materially changed or renewal refused until at least 30 days after written notice has been given to
OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued
and will contain waiver provisions in accordance with paragraph 5.07.

5.06 Waiver of Rights

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A. CONTRACTOR intends that all policies purchased in accordance with paragraph 5.06 will protect OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’s Consultants, and all other individuals or entities
identified in the Supplementary Conditions to be listed as insured ( and the officers, directors, partners, employees,
agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary
coverage for all losses and damages caused by the perils or causes of loss covered by the policy. All CONTRACTOR
policies must contain provisions to the effect that in the event of payment of any loss or damage the insurers will have
no rights of recovery against any of the insured or additional insured there under. CONTRACTOR waive all rights
against OWNER each other and their respective 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 or resulting from any
of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in
addition, waive all such rights against Subcontractors, 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)
under such policies for losses and damages so caused.

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision and Superintendence

A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall
be responsible to see that the completed Work complies accurately with the Contract Documents.

B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent
thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary
circumstances. The superintendent will be CONTRACTOR’s representative at the Site and shall have authority to act
on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on
CONTRACTOR.

6.02 Labor; Working Hours

A. CONTRACTOR shail provide competent, suitably qualified personnel to survey, lay out, and construct the Work as
required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent
thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during
regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday,
Sunday, or any legal holiday without OWNER’s written consent (which will not be unreasonably withheld) given after
prior written notice to ENGINEER.

C. The following list of streets will require prior approval to close a lane and may require flagging or police details and
may have work time restrictions.

Allds Street East Hollis Street
Amherst Street Henri Burque Hwy
Arlington Street Kinsley Street
Bridge Street Ledge Street
Broad Street Main Dunstable Road
Broad Street Parkway Main Street

Canal Street Manchester Street
Central Street Pine Hill Road

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Concord Street Somerset Parkway
Daniel Webster Highway Spitbrook Road
East Dunstable Road West Hollis Street

6.03 Services, Materials, and Equipment

A. Unless otherwise specified in the General Requirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and
incidentals necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good
quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically
called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and
quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as
otherwise may be provided in the Contract Documents.

6.04 Progress Schedule

A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.

1, CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed
adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such
adjustments will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.

2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.

6.05 Substitutes and “Or-Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the
type, function, appearance, and quality required. Unless the specification or description contains or is followed by
words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the
circumstances described below.

1. “Or-Equal” Items:

If in ENGINEER’S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that no change in related Work will be required, it may be
considered by ENGINEER as an “or-equal” item, in which case review and approval of the proposed item may, in
ENGINEER’s sole discretion, be accomplished without compliance with some or all of the requirements for
approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or
equipment will be considered functionally equal to an item so named if:

a. In the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality,

durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the
function imposed by the design concept of the completed Project as a functioning whole, and;

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b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform
substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents.

2. Substitute Items

a. If in ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR does
not qualify as an “or-equal” item under paragraph 6.05.A.1, it will be considered a proposed substitute item.

c. The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in
the General Requirements and as ENGINEER may decide is appropriate under the circumstances.

d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute
item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that
the proposed substitute item will perform adequately the functions and achieve the results called for by the
general design, be similar in substance to that specified, and be suited to the same use as that specified. The
application will state the extent, if any, to which the use of the proposed substitute item will prejudice
CONTRACTOR’s achievement of Substantial Completion on time, whether or not use of the proposed

and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject
to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will
be identified in the application, and available engineering, sales, maintenance, repair, and replacement services

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 each 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.

proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER
and ENGINEER’s Consultants for evaluating each such proposed substitute.

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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 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 - 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 rights 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.

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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 rights 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 rights or copyrights 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 rights 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 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.

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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 furnish 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.

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’: 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.

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approved budget. Specifically, Professional Engineer agrees to provide the following with each
request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number,
a listing of personnel hours and billing rates, and other expenditures for which payment is
sought.

2. A progress report. The report shall include, for each monthly reporting period, a
description of the work accomplished, problems experienced, upcoming work, any extra
work carried out, and a schedule showing actual expenditures billed for the period,
cumulative total expenditures billed and paid to date under the contract, and a comparison
of cumulative total expenditures billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City
of Nashua will pay Professional Engineer within 30 days of approval by the City of Nashua of the
submitted invoice forms and progress reports. The City of Nashua will make no payments until
the invoice forms and progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until executed by
the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this
contract shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States
mail, postage prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: PROFESSIONAL ENGINEER REPRESENTATIVE:

Tim Cummings Nathaniel Fanning
Director of Economic Development Energy & Infrastructure
P: 603.589.3072 P: 781.285.2300 / E:nfanning@f-t.com

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed
to be given to and received by the addressee thereof on the third business day after being deposited
in the mail. The City of Nashua or Professional Engineer may change the address or representative
by giving written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be
legally bound thereby.

City of Nashua, NH (signature) (signature)

James W.Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 4

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:

(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:

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