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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 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.A, 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

GC - 13 of 54

replacement program, which has been designed to replace equipment on an established schedule.
This ten-year plan allows for the timely replacement of the equipment at a time when the useful
life of the equipment has expired and the associated cost of maintenance and repair is not exorbitant
relative to the remaining value. The capital equipment replacement program has been designed to
be financed with a combination of internal cash and the issuance of debt.

Debt Administration

The City has issued debt for several capital projects including paving, citywide capital
improvements, Solid Waste and Wastewater projects. The City has also issued debt for building
projects such as the construction of a new Middle School, the renovation of the Fairgrounds and
Pennichuck Middle Schools and the construction of a performing arts center recently named the
Nashua Center for the Arts. Debt limitations are discussed in MD&A and in the statistical section.

Credit Rating

Standard and Poor’s Global Ratings affirmed its ‘AAA’ long term rating and stable outlook citing
the City’s strong management procedures and improved local economy.

Standard & Poor’s noted the City’s:

* Very strong economy

® Very strong management

« Strong budgetary performance

® Very strong budgetary flexibility

= Very strong liquidity

* Strong debt and contingent liability position

Summary of Financial Position and Operations-General Fund

The City’s most significant sources of revenue continue to be property taxes, followed by the State
Adequate Education Grant and motor vehicle registration revenues. Property tax collections
remain strong overall. A ten-year comparison of property tax collection data is available in the
statistical section.

Local Economy

The City of Nashua ranks among the top twenty best affordable suburbs in the Northeast by
Business Week magazine and it is rewarding to report that the community ranked sixteenth by
Money Magazine as “Best Places to Live” and according to WalletHub, an industry finance
website, the City of Nashua is the “Safest City in America.”

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,
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

1. 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.

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.

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

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2. 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.

3. 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
make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to
ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such
reference points or property monuments by professionally qualified personnel.

4.06 Hazardous Environmental Condition at Site

A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports
and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by
the ENGINEER in the preparation of 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. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the
Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom
CONTRACTOR is responsible.

D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom
CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (4)
secure or otherwise isolate such condition; (11) stop all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by paragraph 6.16); and (111) notify OWNER and ENGINEER
(and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER
concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action,
if any.

GC - 15 of 54

E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area
until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice:
(i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (11)
specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR
cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract
Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be
resumed by CONTRACTOR, either party may make a Claim therefore as provided in paragraph 10.05.

F If after receipt of such written a notice CONTRACTOR does not agree to resume such Work based on a reasonable
belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the
portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract
Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefore
as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER’S own
forces or others in accordance with Article 7.

G. 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, agents, other
consultants, and subcontractors of each and any of them from and against all claims, costs, losses, 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 a Hazardous Environmental Condition created
by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall
obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual’s
or entity’s own negligence.

H. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.

ARTICLE 5 - BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract
Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due,
except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also
furnish such other Bonds as are required by the Contract Documents.

B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or
Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as
published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of
the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act.

C. Ifthe surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its nght to do
business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of
paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and 5.02.

GC - 16 of 54

5.02 Licenses Sureties and Insurers

A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR
shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which
the Project is located to issue Bonds or insurance policies for the limits and coverage’s so required. Such surety and
insurance companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.

B. All Sureties and Insurance Companies shall be authorized to do business in the State of New Hampshire and shall
have an A.M. Best rating of “A(FSC-VIID” or better. In the event that the Insurer fails to maintain an A.M. Best
rating “A(FSC-VIID)” or better, the CONTRACTOR shall immediately retain a Surety which does meet the above

requirements.
5.03 Certificates of Insurance

A. CONTRACTOR shall deliver to OWNER 10 days prior to Work, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or
any other additional insured) which CONTRACTOR is required to purchase and maintain.

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”.

GC - 17 of 54

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

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 fumish 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

GC - 18 of 54

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

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 nights 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

GC - 19 of 54

A. CONTRACTOR shall 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 may not be opened or worked in between the hours of 7:00 AM and 9:00 AM and 3:00
PM and 6:00 PM, Monday through Friday of each week:

Broad Street

East Hollis Street
Concord Street
Amherst Street

D. W. Highway
Kinsley Street

East Dunstable Road
Main 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.

GC - 20 of 54

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 1tems. 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: (4) it is at least equal in quality,
durability, appearance, strength, and design characteristics; (11) 1t will reliably perform at least equally well the
function imposed by the design concept of the completed Project as a functioning whole, and:

b. CONTRACTOR certifies that: (1) 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. Ifin 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.

b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to
determine that the item of material or equipment proposed is essentially equivalent to that named and an
acceptable substitute therefore. Requests for review of proposed substitute items of material or equipment
will not be accepted by ENGINEER from anyone other than CONTRACTOR.

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
substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of
any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute
item and whether or not incorporation or use of the proposed substitute 1tem 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 will be indicated. The application will also contain an itemized estimate of all costs or
credits that will result directly or indirectly from use of such substitute item, including costs of redesign and
claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in

GC - 21 of 54