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34.

35.

36.

37.

C-1.25

Stated Allowances. The Contractor shall include in his proposal for costs of materials not
shown in his bid under “cash allowances” or “allowed materials,” any cash allowances
stated in the supplemental general conditions or other contract documents. The
Contractor shall purchase the “allowed materials” as directed by the Owner on the basis
of the lowest and best bid of at least 3 competitive bids. If the actual price for purchasing
the “allowed materials” is more or less than the “cash allowance,” the contract price shall
be adjusted accordingly. The adjustment in contract price shall be made on the basis of
the purchase price without additional charges for overhead, profit, insurance or any other
incidental expenses. The cost of installation of the “allowed materials” shall be included
in the applicable sections of the contract specifications covering this work.

Use _of Premises, Removal of Debris, Sanitary Conditions. In the use of premises or
removal of debris, the Contractor expressly undertakes at his own expense: to take every
precaution against injuries to persons or damage to property; to maintain sanitary
conditions; to store his apparatus, materials, supplies and equipment in such orderly
fashion at the site of the work as will not interfere with the progress of his work or the
work of any other Contractors; to place upon the work or any part thereof only such loads
as are consistent with the safety of that portion of the work; to clean up frequently all
refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all
times the site of the work shall present an orderly and workmanlike appearance; before
final payment to remove all surplus material falsework, temporary structures, including
foundations thereof, plant of any description and debris of every nature resulting from his
operations, and to put the site in an orderly condition; to effect all cutting, fitting or
patching of his work required to make the same conform to the plans and specifications
and, except with the consent of the Engineer, not to cut or otherwise alter the work of any
other Contractor; to provide and maintain in a sanitary condition such toilet
accommodations for the use of his employees as may be necessary to comply with the
requirements of the state and local boards of health, or of other bodies or authorities
having jurisdiction.

Quantities of Estimate. Wherever the estimated quantities of work to be done and
materials to be furnished under this contract are shown in any of the documents including
the proposal, they are given for use in comparing bids and the right is specifically
reserved except as herein otherwise specifically limited, to increase or decrease them as
may be deemed reasonably necessary by the Owner to complete the work contemplated
by this contract, and such increase or decrease shall in no way invalidate this contract,
nor shall any such increase or decrease give cause for claims or liability for damages.
Such increases or decreases shall not exceed 25 percent of the estimated quantities of
work. An increase or decrease in quantities for subsurface materials (e.g. ledge,
unsuitable backfill), which overrun or underrun by 25% or more of the bid quantity may
be the basis for a contract price adjustment, at the rate of a negotiated adjusted unit rate.
Negotiated unit price rates shall be equitable and shall take into account, but not be
limited to the following factors; bid unit rate, distribution of rates and bid balance, and
the scope of work as affected by the changed quantities. Claims for extra work resulting
from changed quantities shall be processed under article 21.

Lands and Rights-of-Way. Acquisition and usage of lands and rights-of-way shall be as
follows:

38.

39.

AO.

C-1.26

37.1 Prior to issuing the Notice to Proceed, the Owner shall legally obtain all lands and
rights-of-way necessary for carrying out and completing the work to be performed under
this contract.

37.2. The Contractor shall not (except after written consent from the Owner) enter or
occupy with men, tools, materials, or equipment, any land outside the rights-of-way or
property of the Owner. A copy of the written consent shall be given to the Engineer.

37.3. The Owner shall provide to the Contractor information which delineates and
describes the lands owned and the rights-of-way acquired.

37.4 The Contractor shall provide at its own expense and without liability to the Owner
any additional land and access thereto that the Contractor may desire for temporary
construction facilities, or for storage of materials.

General Guarantee. With reference to warranties, neither the final certificate of payment
nor any provision in the contract documents, nor partial or entire occupancy of the
premises by the Owner, shall constitute an acceptance of work not done in accordance
with the contract documents or relieve the Contractor of liability in respect to any express
watranties or responsibility for faulty materials or workmanship. The Contractor shall
remedy any defects in the work and pay for any damage to other work resulting
therefrom, which appear within the warranty period one year or longer if required by the
contract, from the certified date of completion or substantial completion of the work. The
Owner will give notice of observed defects within two working days of their discovery.

Errors and Inconsistencies. With reference to errors and inconsistency in contract
documents, any provisions in any of the contract documents which may be in conflict
with the paragraphs in these general conditions shall be subject to the following order of
precedence for interpretation:

39.1 Drawings will govern technical specifications.
39.2 General conditions will govern drawings and technical specifications.

39.3. Supplemental general conditions will govern general conditions, drawings and
technical specifications.

39.4 Special conditions will govern supplemental general conditions, general
conditions, drawings and technical specifications.

39.5. The Contractor shall take no advantage of any apparent error or omission in the
plans or specifications. In the event the Contractor discovers such an error or omission,
he shall notify the Engineer. The Engineer will then make such corrections and
interpretations as may be deemed necessary for fulfilling the intent of the plans and
specifications.

39.6 Figure dimensions on Drawings shall govern over general drawings.
Notice and Service Thereof. Any notice to the Contractor from the Owner relative to any

part of this contract will be in writing and will be considered delivered and the service
completed, when said notice is mailed, by certified registered mail, to the Contractor at

Al.

42.

43.

44.

C-1.27

his last given address, or delivered in person to the Contractor or his authorized
representative on the work.

Required Provisions Deemed Inserted. Each and every provision of law and clause
required by law to be inserted in this contract shall be deemed to be inserted herein and
the contract shall be read and enforced as though it were included herein, and if through
mistake or otherwise any such provision is not inserted or is not correctly inserted
(example; miswording, etc.), then upon the application of either party the contract shall
forthwith be physically amended to make such insertion or correction.

Protection of Lives and Health. The work under this contract is subject to the safety and
health regulations (CRF 29, part 1926, and all subsequent amendments) as promulgated
by the U.S. Department of Labor on June 24, 1974. Contractors are urged to become
familiar with the requirements of these regulations.

OSHA Construction Safety Program.

43.1 Pursuant to NHRSA 277:5-a, the Contractor shall provide an Occupational Health
and Safety Administration (OSHA) 10-hour construction safety program for its on-site
employees. All employees are required to complete the program prior to beginning work.
The training program shall utilize an OSHA-approved curriculum. Graduates shall
receive a card from OSHA certifying the successful completion of the training program.

43.2 Any employee required to complete the OSHA 10-hour construction safety
program, and who can not within 15 days provide documentation of completion of such
program, shall be subject to removal from the job site.

43.3. The following individuals are exempt from the requirements of the 10-hour
construction safety program: law enforcement officers involved with traffic control or
jobsite security; flagging personnel who have completed the training required by the
Department of Transportation; all relevant federal, state and municipal government
employees and inspectors; and all individuals who are not considered to be on the site of
work under the federal Davis-Bacon Act, including, but not limited to, construction and
non-construction delivery personnel and non-trade personnel.

Equal Employment Opportunity. Under equal employment opportunity requirements and
during the performance of this contract the Contractor agrees to the following:

44.1 The Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, or sex. The Contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, creed, color, national origin, or
sex. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.

44.2 The Contractor will in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment, without regard to race, creed, color, national origin, or sex.

45.

46.

47.

C-1.28

44.3. The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the labor union or worker's representative of the
Contractor's commitment under section 202 of executive order no. 11246 of September
24, 1965, and 11375 of October, 13, 1967, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.

44.4 The Contractor will comply with all provisions of executive orders no. 11246 and
11375.

44.5 The Contractor will furnish all information and reports required by executive
orders no. 11246 and 11375.

44.6 In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part by the Owner or the Department of
Labor and the Contractor may be declared ineligible for further government contracts or
federally-assisted construction, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of
such direction by the Department of Labor, the Contractor may request the United States
to enter into such litigation to protect the interests of the United States.

44.7. A breach of this article may be grounds for termination of this contract and for
debarment as provided in 29 CFR 5.6.

Interest of Federal, State or Local Officials. No federal, state or local official shall be
admitted to any share or part of this contract or to any benefit that may arise therefrom,
but this provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.

Other Prohibited Interests. No official of the Owner who is authorized in such capacity
and on behalf of the Owner to negotiate, make, accept or approve, or to take part in
negotiating, making, accepting, or approving any architectural, Engineering, inspection,
construction or material supply contract or any subcontract in connection with the
construction of the project, shall become directly or indirectly interested personally in
this contract or in any part hereof. No officer, employee, architect, attorney, Engineer or
inspector of or for the Owner who is authorized in such capacity and on behalf of the
Owner to exercise any legislative, executive, supervisory or other similar functions in
connection with the construction of the project, shall become directly or indirectly
interested personally in this contract or in any part thereof, any material supply contract,
subcontract, insurance contract, or any other contract pertaining to the project.

Use and Occupancy Prior to Acceptance. Use and occupancy of a portion or unit of the
project, upon completion of that portion or unit, and before substantial completion of the
project, shall be a condition of this contract with the following provisions:

47.1. The Owner will make his request for use or occupancy to the Contractor in
writing.

47.2 There must be no significant interference with the Contractor's work or
performance of duties under the contract.

A8.

49,
50.
51.
52.

53.
54.

C-1.29

47.3. The Engineer, upon request of the Owner and agreement by the Contractor, will
make an inspection of the complete part of the work to confirm its status of completion.

47.4 Consent of the surety and endorsement of the insurance carrier must be obtained
prior to use and/or occupancy by the Owner. Also, prior to occupancy, the Owner will
secure the required insurance coverage on the building.

47.5. The Owner will have the right to exclude the Contractor from the subject portion
of the project after the date of occupancy but will allow the Contractor reasonable access
to complete or correct items.

47.6 The warranty period shall begin upon substantial completion.

Suspension of Work. The Owner may, at any time and without cause, suspend the work
or any portion thereof for a period of not more than 90 days by notice in writing to the
Contractor and the Engineer. The Owner shall fix the date on which work shall be
resumed. The Contractor will be allowed an increase in the contract price or an extension
of the contract time, or both, directly attributable to any suspension if he makes a claim
therefore as provided in articles 17 and 21.

[Reserved]
[Reserved]
[Reserved]

Project Sign. Furnish and erect a sign at the project site to identify the project and to
indicate that the State Government is participating in the development of the project.
Place the sign in a prominent location as directed by the Engineer. Do not place or allow
the placement of other advertising signboards at the project site or along rights-of-way
furnished for the project work. See Exhibit 1 for details of construction.

[Reserved]
Public Convenience and Traffic Control requirements:

54.1 The Contractor shall at all times so conduct his work as to assure minimal
obstruction to traffic. The safety and convenience of the general public and the residents
along the work site route and the protection of property shall be provided for by the
Contractor. The Contractor shall be responsible for timely notification to local residents
before causing any interruptions of their access.

54.2 Fire hydrants and water holes for fire protection on or adjacent to the work site
shall be kept accessible to fire apparatus at all times, and no obstructions shall be placed
within 10 feet of any such facility. No footways, gutters, drain inlets, or portions of
highways adjoining the work site shall be obstructed. In the event that all or part of a
roadway is officially closed to traffic during construction, the Contractor shall provide
and maintain safe and adequate traffic accessibility, satisfactory to the Engineer, for
residences and businesses along and adjacent to the roadway so closed.

55.

56.

57.

C-1.30

54.3, When the maintenance of traffic is considered by the Engineer to be minimal, the
contract may not show this work as a pay item. In such cases, the Contractor shall bear
all expense of maintaining traffic over the sections of road undergoing improvement and
of constructing and maintaining such approaches, crossings, intersections, and other
features as may be necessary, without direct reimbursement.

Pre-Construction Conference. The Contractor shall not commence work until a
pre-construction conference has been held at which representatives of the Contractor,
Engineer, Division and Owner are present. The pre-construction conference shall be
scheduled by the Engineer.

Maintenance During Construction.

56.1 The Contractor shall maintain the work during construction and until it is
accepted by the Owner. This maintenance shall be continuous and effective work
prosecuted day by day, with adequate equipment and forces, to the end that roads or
structures are kept in satisfactory condition at all times.

56.2 All cost of maintenance during construction and before the work is accepted by
the Owner shall be included in the unit prices bid on the various pay items and the
Contractor shall not be paid an additional amount for such maintenance.

56.3 If the Contractor, at any time, fails to comply with the provisions above, the
Engineer may direct the Contractor to do so. If the Contractor fails to remedy
unsatisfactory maintenance within the time specified by the Engineer, the Engineer may
immediately cause the project to be maintained and the entire cost of this maintenance
will be deducted from money to become due the Contractor on this contract.

Cooperation with Utilities.

57.1 The Owner will notify all utility companies, all pipe line owners, or other parties
affected, and have all necessary adjustments of the public or private utility fixtures, pipe
lines, and other appurtenances within or adjacent to the limits of construction made as
soon as practicable.

57.2 Water lines, gas lines, wire lines, service connections, water and gas meter boxes,
water and gas valve boxes, light standards, cableways, signals, and all other utility
appurtenances within the limits of the proposed construction which are to be relocated or
adjusted are to be moved by the owners of such utilities at their expense, except as may
otherwise be provided for in the special conditions or as noted on the plans.

57.3 It is understood and agreed that the Contractor has considered in his bid all of the
permanent and temporary utility appurtenances in their present or relocated positions as
shown on the plans and as evident on the site, and that no additional compensation will
be allowed for any delays, inconvenience, damage sustained by him due to any
interference from such utility appurtenances or the operation of moving them.

57.4 The Contractor shall cooperate with the Owners 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 rearrangements may be reduced
to a minimum, and that services rendered by those parties will be minimal.

58.

59.

C-1.31

57.5 In the event of interruption to a water or utility service as a result of accidental
breakage or as a result of being exposed or unsupported, the Contractor shall promptly
notify the proper authority and shall cooperate with said authority in the restoration of
services. If water service is interrupted, repair work shall be continuous until the service
is restored. No work shall be undertaken around fire hydrants until provisions for
continued service have been approved by the local fire authority. If any utility service is
interrupted for more than 4 hours, the Contractor shall make provisions for temporary
service at his own expense until service is resumed.

Work Performed at Night and on Sundays and Holidays shall comply with the following:

58.1 No work will be permitted at night or on Sundays or holidays except as approved
in writing by the Engineer, and provided such work is not in violation of a local
ordinance. When working at night, the Contractor shall provide flood lighting sufficient
to insure the same quality of workmanship and the same conditions regarding safety as
would be achieved in daylight.

58.2 Whenever Memorial Day or Fourth-of-July is observed on a Friday or a Monday
and during the weekend of Labor Day, the Contractor may be required to suspend work
for the 3 calendar days. Prior to the close of work, the work site shall be placed in a
condition acceptable to the Engineer for the comfort and safety of the traveling public.
An arrangement shall be made for responsible personnel acceptable to the Engineer to
maintain the project in the above conditions.

Laws to be Observed. With reference to laws that shall be observed:

59.1 The Contractor shall keep fully informed of all federal and state laws, all local
laws, ordinances, and regulations, and all orders and decrees of tribunals having any
jurisdiction or authority, which in any manner affect those engaged or employed on the
work. He shall at all times observe and comply with all such laws, ordinances,
regulations, orders, and decrees; and shall protect and indemnify the state and its
representatives against any claim or liability arising from or based on the violation of any
such law, ordinance, regulation, order, or decree, whether by himself or his employees.

59.2 Indemnification

The Contractor will indemnify and hold harmless the Owner and the Engineer and their
agents and employees from and against all claims, damages, losses, and expenses
including attorney's fees arising out of or resulting from the performance of the Work,
provided that any such claims, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property including the
loss of use resulting therefrom; and is caused in whole or in part by any negligent or
willful act or omission of the Contractor, and Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.

In any and all claims against the Owner or the Engineer, or any of their agents of
employees, by any employees of the Contractor, and Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable,
the indemnification obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by disability benefit or
other employee benefit acts.

60.

61.

62.

C-1.32

The obligation of the Contractor under this paragraph shall not extend to the liability of
the Engineer, his agents or employees arising out of the preparation or approval of maps,
Drawings, opinions, reports, surveys, Change Orders, designs or Specifications.

Permits. Permits to be obtained by the Contractor shall be in accordance with the
following:

60.1 Permits and licenses of a temporary nature necessary for the prosecution of the
work shall be obtained and paid for by the Contractor. Permits, licenses and easements
for permanent structures or permanent changes in existing facilities will be secured and
paid for by the Owner. Permits may include:

a. New Hampshire Department of Transportation Highway Trench Permits.

b. RSA 485-A:17 and 483-A N.H. DES Wetlands Bureau Dredge and Fill
Permit.

c. RSA 485-A:17 - N.H. DES Site Specific Permit (Water Quality)

d. RSA 149-M:10 N.H. DES Solid Waste Management Bureau - disposal of
construction debris and/or demolition waste.

e. N.H. Department of Environmental Services Air Resources Division
(burning permits).

f. Other permits, as required by State and Local laws and ordinances.

g. Notice of intent for coverage under EPA’s General NPDES Permit for
construction dewatering activities.

Control of Pollution due to construction shall comply with the following:

61.1 During construction, the Contractor shall take precautions sufficient to avoid the
leaching or runoff of polluting substances such as silt, clay, fuels, oils, bitumens, calcium
chloride and any other polluting materials which are unsightly or which may be harmful
to humans, fish, or other life, into groundwaters and surface waters of the State.

61.2 In waters used for public water supply or used for trout, salmon, or other game or
forage fish spawning or nursery, control measures must be adequate to assure that
turbidity in the receiving water will be increased not more than 10 standard turbidity units
(s.t.u.) in the absence of other more restrictive locally-established limitations, unless
otherwise permitted by the Division. In no case shall the classification for the surface
water be violated.

61.3 In water used for other purposes, the turbidity must not exceed 25 s.t.u. unless
otherwise permitted by the Division.

Use of Explosives.

62.1 When the use of explosives is necessary for the prosecution of the Work, exercise
the utmost care not to endanger life or property. The Contractor shall be responsible for
any and all damage resulting from the use of explosives.

63.

64.

65

C-1.33

62.2 Store all explosives in a secure manner, in compliance with all State and local
laws and ordinances, and legally mark all such storage places. Storage shall be limited to
such quantity as may be needed for the work underway.

62.3. Designate as a “Blasting Area” all sites where electric blasting caps are located
and where explosive charges are being placed. Mark all blasting areas with signs as
required by law. Place signs as required by law from each end of the blasting area and
leave in place while the above conditions prevail. Immediately remove signs after
blasting operations or the storage of caps is over.

62.4 Notify each property Owner and public utility company having structures in
proximity to the site of the work sufficiently in advance to enable the companies to take
such steps as they may deem necessary to protect their property. Such notice shall not
relieve the Contractor of any of his responsibility for damage resulting from his blasting
operation. Warn all persons within the danger zone of blasting operations and do not
perform blasting work until the area is cleared. Provide sufficient flagmen outside the
danger zone to stop all approaching traffic and pedestrians. Provide watchmen during the
loading period and until charges have been exploded. Place adequate protective covering
over all charges before being exploded.

Arbitration by Mutual Agreement.

63.1 All claims, disputes, and other matters in question arising out of, or relating to, the
Contract Documents or the breach thereof, except for claims which have been waived by
making an acceptance of final payment as provided in Section 25, may be decided by
arbitration if the parties mutually agree. Any agreement to arbitrate shall be specifically
enforceable under the prevailing arbitration law. The award rendered by the arbitrators
shall be final, and judgment may be entered upon it in any court having jurisdiction
thereof.

63.2 Notice of the request for arbitration shall be filed in writing with the other party to
the Contract Documents and a copy shall be filed with the Engineer. Request for
arbitration shall in no event be made on any claim, dispute, or other matter in question
which would be barred by the applicable statute of limitations.

63.3. The Contractor will carry on the Work and maintain the progress schedule during
any arbitration proceedings, unless other wise mutually agreed in writing.

Taxes. The Contractor shall pay all sales, consumer, use, and other similar taxes required
by the laws of the place where the Work is performed.

Separate Contracts.

65.1 The Owner reserves the right to let other contracts in connection with this Project.
The Contractor shall afford other Contractors reasonable opportunity for the introduction
and storage of their materials and the execution of their Work, and shall properly connect
and coordinate the Work with theirs. If the proper execution or results of any part of the
Contractor's Work depends upon the Work of any other Contractor, the Contractor shall
inspect and promptly report to the Engineer any defects in such Work that render it
unsuitable for such proper execution and results.

C-1.34

65.2. The Owner may perform additional Work related to the Project or the Owner may
let other contracts containing provisions similar to these. The Contractor will afford the
other Contractors who are parties to such Contracts (or the Owner, if the Owner is
performing the additional Work) reasonable opportunity for the introduction and storage
of materials and equipment and the execution of the Work, and shall properly connect
and coordinate the Work with theirs.

65.3 If the performance of the additional Work by other Contractors or the Owner is
not noted in the Contract Documents prior to the execution of the Contract, written notice
shall thereof be given to the Contractor prior to starting such additional Work. If the
Contractor believes that the performance of such additional Work by the Owner or others
involves it in additional expense or entitles it to an extension of the Contract Time, the
Contractor may make a claim thereof as provided in Sections 17 and 18.