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REV — 04/09/2018

‘BBD DeELUCCA WBE Certified by the Massachusetts

Fence Company, Inc. Supplier Diversity Office

FIVE OLD FERRY ROAD METHUEN, MASSACHUSETTS 01844
TEL: (978) 688-2877 / FAX: (978) 688-6030

PROJECT NAME: NASHUA, NH — Fairmount Street Bridge Decorative Fence

THIS PAGE MUST BE INCLUDED IN ALL CONTRACT PAPERWORK and MAY ONLY BE ALTERED or OMMITTED WITH THE EXPRESS.

PERMISSION OF De LUCCA FENCE COMPANY, ENC.

EXCLUSIONS:

1} Fraffe Controls / Pedestrian Controls /Poltce Detall(s) / Crash Truck(s) w/Driver / Railroad Flagger(s) / Flagger(s).

2) ~~ Fal Protection.

3} [ftumination far night time work zone.

4) Hazardous materials [including treated wood, fead, asbestos, etc.] handling, removal, disposal or remediation.

5) Railroad or other additional Insurance, Fees, Permits or Licenses — if required, will be billed at cost plus 5% or as quoted.

6) = Performance & Payment Bond - if required, will be billed at cost plus 5% or as quoted.

7) Participation in contractor or project owner insurance program(s).

B) Waiver of Subragation on any DFC Insurance Policies.

9} = Attendance at Safety Meetings er Training ~ if required, will be billed at cost plus 10% or as quoted.

10) Trainee(s) /Residency requirements.

11) Cost of Compliance with SWPPP - if required, will be billed at cost plus 10% or as quoted,

12) Damage to utilities or underground structures not identified [or incorrectly identified] by Dig-Safe, contractor, owner or awner’s representative. Work defay(s)
resulting from these errors may result in additional charges.

13) Emergency Response unless otherwise noted.

14) Shoulder Work including but not fimited to removal of built up materials along shoulder and under guardrail er backfilling of holes created by the removal of
guardrail,

1S) Grading, excavating or backfilling for attachments, end treatments, impact attenuators, buried in back-slope, etc.

16) Rock, ledge or bituminous concrete excavation.

17) Removal and/or disposal of existing concrete bases, foundations, anchors, etc. — Posts, anchors etc. may be cut to approx. ground level unless atherwise noted.

18) Damage to sidewalks, berm or curbing.

19) Hand Digging [Guardrail].

20) Modified post installation at walls, culverts, etc. using concrete, anchors, etc.

21) Clearing and Grubbing.

22) Supply and installation of sleeves/grout or excavation/installatian thraugh MSE/Retaining wall supports i.e. geo-grid, geotextiles, ties, rock fill etc.

23) Deductions for Fuel Adjustment(s) or Steel Adjustment(s).

24) Landscape Restoration / Historic Preservation / Wetlands preservation and/or restoration.

25) Touch up of painted elements [regardless af painting methad]. Touch up paint will be provided by written request only and may be billable,

26) Noise Contro! Measures.

27) Electrical Grounding.

28) Concrete or asphalt cutting, chipping, etc. or Core-drilling including through rebar.

29) Trenching.

30) Removal of dirt spoils.

31) Winter Conditions including but not limited to increase in labor costs, snow removal, installation through frost, increased cost of concrete, etc.

32) Surveying /Engineered stamped drawings.

33) Calculation of Length of Need.

34) Item [any remove & reset items] — New / Replacement Materials.

NOTES:

1) SPECIALS ORDERS — any special order(s) resulting from the acceptance of this quote will be billed in their entirety.

2) ACCESSIBILITY - A® area(s) where work is to be performed must be accessible to all De Lucca Fence Equipment, Material and Personnel.

3) WORK SCHEDULE - Monday through Friday 7:00 am to 3:30 pm/ NO Nights, Weekends or Holidays.

4) Traffic Controls apply to WORK AREA ON Fairmount Street ONLY. No traffic controls, tane closures etc will be provided for parkway below
overpass.

5) The estimated quantities on attached quote (plus traffic contrals) will be billed in thelr entirety. If additional footage is required it will need to
be requoted.

TERMS:

* NET 30 Days / NO Retainage

Terms and Conditions

Unless otherwise noted, this Proposal is based upon all work being performed in one continuous phase during normal business
hours, Monday through Friday. Pricing is contingent upon unrestricted access to the areas where the work is to be performed
and, if applicable, access to the equipment or system(s), as necessary, both remotely and directly, so that New Era can
effectively perform its services. Pricing is also contingent upon all cable pathways being easily accessible and free and clear of
obstructions. All trademarks are the property of the respective owners.

Any change to the Scope of Work described in this Proposal involving extra costs shall only be effective upon the execution of a
written Change Order by both Parties.

Warranties and Remedies for Services: New Era warrants all workmanship for one year from completion of the work and that all
installation services will be performed by qualified personnel in a professional manner and in accordance with good commercial
practices and industry standards. Services shall be performed in accordance with all applicable federal, state and local laws,
ordinances, regulations and codes in effect at the time services are rendered. New Era warrants that any equipment provided
hereunder shall conform to the manufacturer’s standard specifications for such equipment and shall be free from defects in both
materials and workmanship for one year. To the extent permitted, New Era will extend applicable manufacturers’ warranties for all
equipment and materials to its end-user customers.

THE WARRANTIES STATEDABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER
AGREES THAT FOR ANY BREACH OF THE ABOVE WARRANTIES, NEW ERA’S SOLE OBLIGATION SHALL BE TO
REPERFORM THE SERVICES AND REPLACE ANY DEFECTIVE PRODUCTS PROVIDED. NEW ERA’S TOTAL LIABILITY
SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY CUSTOMER.

Software Compliance: If access to the manufacturer's technical support organization is conditioned on the existence of an in-
force and valid Manufacturer Support Contract (e.g, Avaya Support Advantage Coverage, Cisco Smartnet Coverage, AVST
XpressCare, Extremeware, etc.), the Customer agrees to maintain such coverage on its systems. If applicable, Customer agrees
to comply with and be bound by the manufacturers Global Software License Terms, as if fully incorporated herein.

Acceptance and Risk of Loss: Equipment that does not require installation shall be considered accepted upon delivery to
Customer. Equipment that requires installation shall be deemed accepted by Customer upon installation and written acceptance
of the equipment by Customer. If Customer does not provide written acceptance due to non-compliance or defect, the equipment
will be deemed accepted immediately once such defect is remedied by New Era. Customer assumes the risk of loss to the
equipment upon delivery. Until the purchase price for the equipment is paid in full, Customer will maintain adequate insurance
against fire, theft or other loss for the equipment’s full insurable value with New Era named as loss payee. Title in the equipment
will pass on full payment of the purchase price, plus all applicable taxes. Any returns may be subject to a restocking fee in
accordance with the NEW ERA Customer Return Material Authorization Policy located at
"http://support.neweratech.cloud/docs/NET-NH_RMA_POLICY.pdf".

Indemnification: The Parties shall indemnify, defend, save and hold harmless each other, their employees, owners, officers,
directors, attorneys, contractors, and agents from and against, and pay or reimburse the other on a current basis for, any and all
costs, liabilities, losses, liens or encumbrances for labor or materials, expenses (including, but not limited to, reasonable
attorneys’ fees, fees of experts, and court costs), claims, and causes of action arising out of, or in any way connected with or
related to, any personal injury to or death of any persons or damage to or loss of property, to the extent that such Losses
occurred as a result of the negligence or misconduct on the part of the other, its employees, subcontractors, agents, or
representatives during the performance of the services.

Limitation of Liability: THE PARTIES AGREE THAT ANY LIABILITY RESULTING FROM A BREACH BY ETHER PARTY SHALL
BE LIMITED TO ACTUAL DAMAGES SUFFERED AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR DAMAGES
IN EXCESS OF THE GREATER OF THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT OR THE LIMITS OF ANY
APPLICABLE INSURANCE COVERAGE CARRIED BY EITHER PARTY.NEITHER PARTY SHALL BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND
WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF RECORDS OR DATA, REGARDLESS OF

3 New Era Technology | Quote #036508 v2 Jul 18, 2022

The information contained in this documents is confidential, privileged and only for the information of the intended recipient and may not be used, published or
redistributed without the prior written consent.

THE CITY OF NASHUA The bear

Financial S ervices

Purchasing Department

May 10, 2018
Memo #18-128

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: MAIN STREET BRIDGE AND GUARDRAIL SECTION OF WATER STREET PAINTING
PROJECT (VALUE: $57,500)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: GRANT

Please see the attached communication from Nicholas Caggiano, Superintendent of Parks and
Recreation Department, dated April 26, 2018 for information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. Ail supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Superintendent of Parks and Recreation Department, Board of Public Works and the Purchasing
Department recommend the award of this contract in an amount not-to-exceed $57,500 to Target of New
England of Alton Bay, NH.

Purchasing Manager

Coc: S Dookran L Fauteux

229 Main Street * Nashua, New Hampshire 03061 Phone (603) 589-3330 « Fax (603) 589-3233 |

To:

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: April 26, 2018

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Painting Main Street Bridge and guard rail section of Water Street.

To approve the contract with Target New England of Alton Bay, NH for the Main
Street Bridge Painting project in an amount not to exceed $57,500. Funding will
be through Department: 160 Admin / Engineering; Fund: Grant: Activity:
Highway Block Grant FY18.

The City advertise IFB0290-030118 for the Main Street Bridge Painting project
which is to include the cleaning and painting of the Main Street bridge railings
and sand blasting and painting a section of guardrail on Water Street. Two bids
were received, Target of New England of Alton, NH was the lower bid.

Main Street Guardrails on
Vendor Bridge Railing Water Street | Total Bid
Target of New England ___ $27,640 | $26,470 $54.110
The Aulson Company, LLC $69,450 $62.850 $132,300 |

A meeting was held with the vendor and members of the DPW staff to go over the
project including the method and means of how the work would be done. The
aluminum bridge rails will be cleaned and painted a semi-gloss black. The section
of guardrail on Water Street will be removed, sandblasted and painted semi-gloss
black at the vendors shop and then reinstalled.

Target New England’s past work includes the Ashuelot Covered Bridge, The
Union, NH Railroad Water Tower, Peterborough Town Hall restoration and the
New Durham Town Hall Clock Tower. Based on this information it is the
recommendation of the Superintendent and the Engineering Department that the
contract be awarded to Target New England.

The award of this contract includes a contingency for unforeseen additional work
that we expect to have on this project.

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: James Doherty dba Target New England

PO Box 136

Alton Bay NH 03810

and its successors, transferees and assignees
(together “CONTRACTOR’”)

For the following Project: MAIN STREET BRIDGE PAINTING

IFB0290-030118

ARTICLE 1- THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this
project. The documents consist of:

1.

SADWAwWN

9.

This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

Drawings and Specifications provided in the bid documents;

IFB0290-030118 — Bid Summary;

IFB0290-030118 — Attachment A

IFB0290-030118 — Attachment B

IFB0290-030118 — Attachment C

Insurance Certificate;

Written change orders for minor changes in the Work issued after execution of this
Agreement; and

Fully Executed OWNER Purchase Order

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,

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the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

ARTICLE 2 —PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work within the time periods set forth and may
only be altered by the parties by a written agreement to extend the period of performance or by
termination in accordance with the terms of the contract. CONTRACTOR’ shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

ARTICLE 3—~ CONTRACT SUM

Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR,
in accordance with the Contract Documents, the Contract Sum not to exceed of:

FIFTY-SEVEN THOUSAND FIVE HUNDRED ($57,500)

The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

ARTICLE 4 — INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:
> General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.

> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$100,000.

CONTRACTOR and subcontractors at every tier will fully comply with NH RSA Chapter
281-A, “Workers’ Compensation”.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under
this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub
consultants, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

3. Participation in group insurance plans which may be available to employees of the
OWNER;

4, Participation or contributions by either the independent CONTRACTOR or the OWNER

to the public employee’s retirement system;

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5. Accumulation of vacation leave or sick leave provided by the OWNER;
6. Unemployment compensation coverage provided by the OWNER.

CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days after
the OWNER issues the notice of award. The OWNER requires thirty days written notice of
cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of
New Hampshire. General Liability and Auto Liability policies must name the OWNER as an
additional insured and reflect on the certificate of insurance. CONTRACTOR is responsible for
filing updated certificates of insurance with the OWNER's Risk Management Department during
the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, CONTRACTOR must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of insurance.

» The specified insurance requirements do not relieve CONTRACTOR of its
responsibilities or limit the amount of its liability to the OWNER or other persons, and
CONTRACTOR is encouraged to purchase such additional insurance, as it deems
necessary.

> The insurance provided herein is primary, and no insurance held or owned by the OWNER
shall be called upon to contribute to a loss.

>» CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify
and shall defend and hold harmless the OWNER, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of
action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities,
interest, attorney’s fees, costs and expenses of any kind or nature in any manner caused,
occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or
fault or willful misconduct, whether active or passive, of CONTRACTOR or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. CONTRACTOR’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the sole negligence or
willful misconduct of the party indemnified or held harmless.

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General Terms and Conditions

ARTICLE 5 — GENERAL PROVISIONS

I.

tw

The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.

The term “Work” means the construction and services required by the Contract Documents,
and include all other labor, materials, equipment and services provided by the
CONTRACTOR to fulfill the CONTRACTOR’s obligations.

The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the CONTRACTOR. The Contract Documents
are complementary, and what is required by one shall be as binding as if required by all.

In the case of a discrepancy, calculated dimensions will govern over scaled dimensions,
Contract Drawings will govern over Standard Specifications, and Technical Specifications
will govern over both Contract Drawings and Standard Specifications. In the case of a
discrepancy between the Agreement and other Contract Documents, the more specific or
stringent obligation or requirement to the benefit of the OWNER shall take precedence.
The CONTRACTOR shall take no advantage of any apparent error or omission in the
Contract Drawings or Technical Specifications, and the Engineer will be permitted to make
such corrections and interpretations as may be deemed necessary to fulfill the intent of the
Contract Documents.

ARTICLE 6—- OWNER

1.

Except for permits and fees, which are the responsibility of the CONTRACTOR under the
Contract Documents, the OWNER shall obtain and pay for other necessary approvals,
easements, assessments and charges.

If the CONTRACTOR fails to correct Work that is not in accordance with the Contract
Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work
until the correction is made.

If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a seven (7) day period after receipt of written notice
from the OWNER to correct such default or neglect with diligence and promptness, the
OWNER may, without prejudice to other remedies, correct such deficiencies. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
the CONTRACTOR.

The OWNER reserves the right to perform construction or operations related to the project
with the OWNER’s own forces, and to award separate contracts in connection with other
portions of the project.

The CONTRACTOR shall coordinate and cooperate with separate CONTRACTORs
employed by the OWNER.

Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the responsible party.

Page 4 of 12

ARTICLE 7 — CONTRACTOR

1. Execution of the Contract by the CONTRACTOR is a representation that the
CONTRACTOR has visited the site, become familiar with local conditions under which
the Work is to be performed and correlated personal observations with requirements of the
Contract Documents.

2. The CONTRACTOR shall carefully study and compare the Contract Documents with

each other and with information furnished by the OWNER. Before commencing activities,

the CONTRACTOR shall: (1) take field measurements and verify field conditions; (2)

carefully compare this and other information known to the CONTRACTOR with the

Contract Documents; and (3) promptly report errors, inconsistencies or omissions

discovered to the OWNER.

4. The CONTRACTOR shall supervise and direct the Work, using the CONTRACTOR’s
best skill and attention. The CONTRACTOR shall be solely responsible for and have
control over construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work.

5. The CONTRACTOR, as soon as practicable after award of the Contract, shall furnish in
writing to the OWNER the names of subcontractors or suppliers for each portion of the
Work. The OWNER will promptly reply to the CONTRACTOR in writing if, after due
investigation, he has reasonable objection to the subcontractors or suppliers listed.

6. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall provide
and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities
and services necessary for proper execution and completion of the work.

7. The CONTRACTOR shall deliver, handle, store and install materials in accordance with
manufacturers’ instructions.

8. The CONTRACTOR warrants to the OWNER that (1) materials and equipment furnished
under the contract will be new and of good quality unless otherwise required or permitted
by the Contract Documents; (2) the Work will be free from defects not inherent in the
quality required or permitted; and (3) the Work will conform to the requirements of the
Contract Documents.

9, The CONTRACTOR shall pay sales, consumer, use and similar taxes that are legally

required when the Contract is executed.
he RA MR ;

etthewede

11. The CONTRACTOR shall comply with and give notices required by agencies having
jurisdiction over the Work. If the CONTRACTOR performs Work knowing it to be
contrary to laws, statutes, ordinances building codes, and rules and regulations without
notice to the OWNER, the CONTRACTOR shall assume full responsibility for such
Work and shall bear the attributable costs. The CONTRACTOR shall promptly notify the
OWNER in writing of any known inconsistencies in the Contract Documents with such
governmental laws, rules and regulations.

Page 5 of 12

13.

14.

15.

16.

The CONTRACTOR shall confine operations at the site to areas permitted by law,

ordinances, permits, the Contract Documents and the OWNER.

The CONTRACTOR shall be responsible for cutting, fitting or patching required

completing the Work or to make its parts fit together properly.

The CONTRACTOR shall keep the premises and surrounding area free from

accumulation of debris and trash related to the Work.

CONTRACTOR warrants and guarantees to OWNER, for 5 five) year, upon completion

of work, 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:

> Abuse, modification, or improper maintenance or operation by persons other than
CONTRACTOR, subcontractors, suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or

> Normal wear and tear under normal usage.

ARTICLE 8 — CHANGES IN THE WORK

1.

After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. The OWNER, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.

A Change Order shall be a written order to the CONTRACTOR signed by the OWNER
to change the Work, Contract Sum or Contract Time.

Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the Board of
Public Works and the OWNER’s Finance Committee vote prior to proceeding.

The OWNER will have authority to order minor changes in the Work not involving
changes in the Contract Sum or the Contract Time and not inconsistent with the intent of
the Contract Documents. Such changes shall be written orders and shall be binding on the
OWNER and CONTRACTOR. The CONTRACTOR shall carry out such written orders
promptly.

If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable
adjustment following authorization of the OWNER to the charges.

ARTICLE 9 — TIME

1.

Time limits stated in the Contract Documents are of the essence to the Contract.

If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered
in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the CONTRACTOR’s control, the Contract Time shall be
extended by Change Order for such reasonable time as may be determined.

ARTICLE 11 —- PAYMENTS AND COMPLETION

1.

The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work
under the Contract Documents.

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