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evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data
about the proposed substitute item.

B. Substitute Construction Methods or Procedures:. If a specific means, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may
furnish 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 fumish at CONTRACTOR’s expense a special
performance guarantee or other surety with respect to any substitute.

E. ENGINEER’s Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER’s
Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and
6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with
OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so
proposed or submitted by CONTRACTOR, CONTRACTOR shall retzmburse OWNER for the charges of ENGINEER
and ENGINEER’s Consultants for evaluating each such proposed substitute.

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 fumishing 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

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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 nghts 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.

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. Ifa 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.

GC - 23 of 54

In the daunting and challenging economic times such as the one we are facing, the City of Nashua
is weathering the storm exceptionally well. There are a number of diverse industries that anchor
our community such as Defense, Information Technology, Medical and Software, all of which
have large scale businesses that call Nashua home.

Nashua has been immune to the trends seen nationally at least thus far. Some of our largest sectors
were called upon to operate in an effort to provide their services or products during the national
shutdown. The City continues to grow, reinvent and strengthen its economic health by being
responsive to the ever-changing market trends. Nashua remains an economic hub and jobs
generator for the region.

An example of the City’s strong employment base is demonstrated through BAE Systems, where
Nashua is home to its U.S. Headquarters and there are currently 4,000 jobs located within the city
and an additional 1000 new jobs projected over the next few years.

The City of Nashua is well-known as a hub for retail establishments — with the second largest
concentration of retail businesses in New England. Nashua is a regional center for healthcare and
educational services. These two sectors continue to see year over year growth. One can see why
Nashua is a vibrant community with jobs that span the strata from low to high wages making the
community very stable and diversified.

Nashua adopted its most recent Citywide Master Plan in 2021. We also have a current Downtown
Master Plan, East Hollis Street Master Plan, Economic Development Strategic Plan, a Riverfront
Master Plan, Housing Plan and a Consolidated Plan. These documents and other plans form the
basis for public and private development decisions, budgetary decisions, public policy and future
investment. As a community, we endeavor to plan strategically which has led to very sound
financial policies and a very important variable when a private sector company is making decisions
on where to invest.

The City is focusing on key priority development areas for new growth and remains steadfast in
redeveloping existing sites. The City is also undertaking ambitious revitalization strategies for
long-dormant sites near the center of Nashua and is continuously reinvesting in its infrastructure,
most recently with the opening of the Broad Street Parkway, which is stimulating redevelopment
of the Nashua Millyard and the Main Street Corridor in Nashua.

Housing is a critical component to having a well-rounded community, where residents can live
and work in close proximity to one another. A few years ago, the 109-unit apartments at Cotton
Mill were fully leased just 9 months after opening. Another mill conversion project, Loft 34,
brought 210 units on-line in 2019. We have also seen 120 units of new housing with the
continuation of the Clocktower mill conversion, adding to the 400 units of apartments already on-
line. On the eastern edge of the downtown, the East Hollis Street Gateway Project completed its
Phase | development of 156 units, which stabilized earlier this year and is on to Phase 2, which is
an additional 160 units. Across the street, the City of Nashua was awarded $3.6 million from the
state’s Department of Transportation to construct a major roadway infrastructure improvement,
which will enhance circulation and provide critical access to the Bridge Street site. These
development initiatives will reinvigorate downtown Nashua with people-intensive uses. Lastly,

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.

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. Ifthe 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:

GC - 24 of 54

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’s 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 | percent of the prime CONTRACTOR’: 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.

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

(ii) 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.

GC - 25 of 54

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:

During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.

C. Cleaning:

Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization
by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances,
construction equipment and machinery, and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.

D. Loading Structures:

CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger
the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures
that will endanger it.

E. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER’s Consultant, and the officers, directors, partners, employees, 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 claim or action, legal or equitable, brought by any
such OWNER or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent
caused by or based upon CONTRACTOR’ performance of the Work.

GC - 26 of 54

6.12 Record Documents

A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders,

Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during
construction. These record documents together with all approved Samples and a counterpart of all approved Shop
Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to ENGINEER for OWNER.

B CONTRACTOR shall mark up one set of paper prints to show the As-built conditions. They shall include all the
information shown on the Contract Drawings and a record of all deviations, modifications, or changes from those
Drawings, however minor, which were incorporated in the Work, all additional work not appearing on the Contract
Drawings and all changes which are made after final inspection of the Contract Work. These As-built marked prints
shall be kept current and available on the job site at all times. All changes from the Contract Drawings which are
made in the Work or additional information which might be uncovered in the course of construction shall be
accurately and neatly recorded as they occur by means of details and notes. No construction work shall be concealed
until it has been inspected, approved, and recorded. The As-built marked prints will be jointly inspected for accuracy
and completeness by the ENGINEER'S representative and a responsible representative of the CONTRACTOR prior to
submission of the monthly pay estimate. Failure to keep the As-built marked prints on a current basis shall be
sufficient justification to suspend pay estimates. The drawings shall show the following information, but not be
limited to:

1. The location of any utility lines or other installations of any kind or description known to exist within the
construction area. The location includes dimensions of permanent features.

2. The location and identification of all surface installations within 100 feet of the construction work.
3. The location and dimensions of any changes within the building or structure.
4. Correct grade or alignment of roads, structures, or utilities if any changes were made from Contract Drawings.
5. Correct elevations if changes were made in site grading.
6. Changes in details or design or additional information obtained from working drawings specified to be
prepared or furnished by the CONTRACTOR including but not limited to fabrication, erection, installation plans
and placing details, pipe sizes, insulation material, dimensions or equipment foundations, etc.
7. The topography and grades of all drainage installed or affected as a part of the Work.
8. All changes or modifications which result from the final inspection.
The As-built marked prints shall be delivered to the ENGINEER at the time of final inspection for ENGINEER's
review and approval. All approval and acceptance of As-built drawings shall be accomplished before final payment is
made to the CONTRACTOR.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and

shall provide the necessary protection to prevent damage, injury or loss to:

1. All persons on the Site or who may be affected by the Work;

GC - 27 of 54

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the
course of construction.

B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNER of adjacent property and
of Underground Facilities and other utility Owner’s when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or
loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any
of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER’S Consultant, or anyone employed by any of them, or anyone
for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR’s duties and responsibilities for safety and for protection of the Work
shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and
CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).

C. Occupational Safety and Health Standards. CONTRACTOR's methods of construction and safety requirements,
including but not limited to trench excavation and shoring where applicable, shall conform to the requirements of the
Occupational Safety and Health Standards for the Construction Industry. The document entitled "Occupational Safety
and Health Standards for the Construction Industry" (29 CFR PART 1926) with Amendments as of February 1, 1998,
including 29 CFR part 1910 General Industry Safety and Health Standards Applicable to Construction, is not attached
to the Contract Documents. Said requirements as identified and established above are incorporated herein by
reference.

D. Power Lines: No equipment of any kind shall be used or permitted within such proximity to the conductors of the
Public Services of New Hampshire power lines as to be in violation of the safe working clearance prescribed by the
National Electrical Safety Code.

E. Protection of Utilities: The CONTRACTOR shall verify all utility locations prior to the start of construction. This
shall include, but not necessarily limited to: irrigation and drainage ditches, culverts, water lines, sewer lines,
telephone cables, cable television, gas lines and electric lines. Prior to the start of construction the CONTRACTOR
shall call Dig Safe System, Inc. 1-800-344-7233 (two full working days’ notice required). The failure of any utility to
subscribe to DIGS shall not relieve the CONTRACTOR from the responsibility of protection of that utility on the site.
Any physical structure (i.e. curbs, sidewalks, paving, buildings, landscape improvements, utilities, etc., damaged by
the CONTRACTOR shall be repaired or replaced in a condition equal to or better than the condition prior to the
damage. Such repair or replacement shall be accomplished at the CONTRACTOR’s expense without additional
compensation from the OWNER.

F. CONTRACTOR shall ensure that its activities and activities of its employees, agents and subcontractors, and
their employees and agents (including all sub-subcontractors), are in strict compliance with all Environmental
Protection Agency, New Hampshire Department of Environmental Services, and Department of Transportation
regulations and all other applicable federal, state and local statutes, ordinances, regulations and rules, including
without limitation, the Federal Occupational Safety and Health Act of 1970 (OSHA) as amended and the standards
and regulations issued thereunder, and all other statutes, ordinances, regulations, rules, standards and requirements of
common law in relation to industrial hygiene and safety, and the protection of health and the environment.

GC - 28 of 54

6.14 Safety Representative

A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and
programs. Work Site is subject to safety inspection by the City Safety Representative at any and all times.

6.15 Hazard Communication Programs

A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard
communication information required to be made available to or exchanged between or among employers at the Site in
accordance with Laws or Regulations.

6.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto,
CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss) CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines
that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to
such an emergency, Change Order will be issued.

6.17 Shop drawings and Samples

A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may
require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and
similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to
enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E.

B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified in the Specifications.

C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to
ENGINEER’s review and approval of the pertinent submittal will be at the sole expense and responsibility of
CONTRACTOR.

D. Submittal Procedures

1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified:

a. All field measurements, quantities, dimensions, specified performance criteria, installation requirements,
materials, catalog numbers, and similar information with respect thereto;

b. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and
installation pertaining to the performance of the Work;

c. All information relative to means, methods, techniques, sequences, and procedures of construction and
safety precautions and programs incident thereto; and

GC - 29 of 54

d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop
drawings and Samples and with the requirements of the Work and the Contract Documents.

2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied
CONTRACTOR’s obligations under the Contract Documents with respect to CONTRACTOR’s review and
approval of that submittal.

3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations,
if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each
such variation.

E. ENGINEER ’s Review

1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER’s review and approval will be
only to determine if the items covered by the submittals will, after installation or incorporation in the Work,
conform to the information given in the Contract Documents and be compatible with the design concept of the
completed Project as a functioning whole as indicated by the Contract Documents.

2.ENGINEER’s review and approval will not extend to means, methods, techniques, sequences, or procedures of
construction (except where a particular means, method, technique, sequence, or procedure of construction is
specifically and expressly called for the Contract Documents) or to safety precautions or programs incident
thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the
item functions.

3. ENGINEER’s review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER’s attention to each such variation at the time of each submittal as required by
paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation
thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph
6.17.D.1.

F. Resubmittal Procedures

1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by
ENGINEER on previous submittals.

6.18 Continuing the Work

A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as
permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing.

6.19 CONTRACTOR’s General Warranty and Guarantee

A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER’s Consultants that all Work

will be in accordance with the Contract Documents and will not be defective. CONTRACTOR’s warranty and
guarantee hereunder excludes defects or damage caused by:

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