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B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions
of the Contract Documents and:

a. The provisions of any standard, specification, manual, code, or instruction (whether or not specifically
incorporated by reference in the Contract Documents); or

b. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or
Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment, or (ii) a
Change Order; order B. The requirements of the Contract Documents may be supplemented and minor variations
and deviations in the Work may be authorized, by one of more of the following ways: (i) a Field Order; (ii) ENGINEER’s
approval of a Shop Drawing or Sample; or (iii) ENGINEER’s written interpretation or clarification.

3.05 Reuse of Documents

A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the
Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in
any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER’s Consultant, including electronic media editions. This prohibition will survive final payment,
completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude
CONTRACTOR from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general
application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work.
OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER’s furnishing
the Site, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05.

B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title
and legal description of the lands upon which the Work is to be performed and OWNER’s interest therein as necessary
for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and
Regulations.

C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.

D. If corporate or private property interferes with the Work, CONTRACTOR shall notify, in writing, the OWNER’s of
such property, advising them of the nature of the interference and shall arrange to cooperate with them for the

GC-11 0f 55

protection or disposition of such property. CONTRACTOR shall furnish the ENGINEER with copies of such notifications
and with copies of any agreements between the CONTRACTOR and the property OWNER’s concerning such protection
or disposition.

E. CONTRACTOR shall take all necessary precautions for the protection of corporate or private property, such as walls
and foundations of buildings, vaults, underground structures of public utilities, underground drainage facilities,
overhead structures of public utilities, trees, shrubbery, crops, and fences contiguous to the Work, of which the
Contract does not provide for removal. CONTRACTOR shall protect and carefully preserve all official survey
monuments, property marks, section markers, and Geological Survey Monuments, or other similar monuments, until
OWNER, or authorized Surveyor or agent has witnessed or otherwise referenced their location or relocation.
CONTRACTOR shall notify the ENGINEER of the presence of any such survey or property monuments as soon as they
are discovered.

F. CONTRACTOR shall be responsible for the damage or destruction of property of any character resulting from
neglect, misconduct, or omission in its manner or method of execution or the non-execution of the work, or caused by
defective work or the use of unsatisfactory materials, and such responsibility shall not be released until the work shall
have been completed and accepted and the requirements of the Construction Specifications complied with.

G. Whenever public or private property is so damaged or destroyed, the CONTRACTOR shall at its own expense,
restore such property to a condition equal to that existing before such damage or injury was done by repairing,
rebuilding, or replacing it as may be directed, or the CONTRACTOR shall otherwise make good such damage or
destruction in an acceptable manner. If the CONTRACTOR fails to do so, the ENGINEER may, after giving the
CONTRACTOR notice in writing, proceed to repair, rebuild, or otherwise restore such property as may be deemed
necessary, and the cost thereof shall be deducted from any compensation due, or which may become due, the
CONTRACTOR under its Contract.

4.02 Subsurface and Physical Conditions
A.Reports and Drawings:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has
used in preparing the Contract Documents; and

2. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents.

B. Limited Reliance by CONTRACTOR on Technical Data Authorized:

CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but
such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Except for such reliance on such “technical data,” CONTRACTOR may not rely upon or make any Claim
against OWNER, ENGINEER, or any of ENGINEER’s Consultants with respect to:

1. The completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any
aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, and safety precautions and programs incident thereto; or

2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such
drawings; or

3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions, or information.

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C. Potential for Hazardous Materials:

Work may include excavation through, and removal of, soils potentially containing undocumented asbestos-containing
or other hazardous materials. Should the CONTRACTOR, while performing work under this Contract, uncover
hazardous materials, as defined in federal, state and local regulations, he/she shall immediately notify the ENGINEER.
No further disturbance of the area shall occur until the ENGINEER has collected and analyzed a representative sample
of the suspected material. The area shall be cordoned off and covered with 6-mil polyethylene sheeting and await
further directions from the ENGINEER.

4.03 Differing Subsurface or Physical Conditions

A. Notice: If CONTRACTOR believes that any subsurface or physical conditions at or contiguous to the Site that is
uncovered or revealed either:

1. ls of such a nature as to establish that any “technical data” on which CONTRACTOR is entitled to rely as provided
in paragraph 4.02 is materially inaccurate; or

2. Is of such a nature as to require a change in the Contract Documents; or
3. Differs materially from that shown or indicated in the Contract Documents; or

4. ls of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized
as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly
after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing
any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and
ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any
Work in connection therewith (except as aforesaid) until receipt of written order to do so.

B. ENGINEER’s Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of OWNER’s obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER’S findings and conclusions.

C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of
such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR’s cost of, or time
required for, performance of the Work; subject, however, to the following:

a. Such condition must meet any one or more of the categories described in paragraph 4.03.A; and

b. With respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.08 and 11.03.

2.CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if:

a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or
becoming bound under a negotiated contract; or

b. The existence of such condition could reasonably have been discovered or revealed as a result of any
examination, investigation, exploration, test, or study of the Site and Contiguous areas required by the Bidding

GC-13 of 55

Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR’s making
such final commitment; or

c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A.

3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any
adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as provided in
paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER’s Consultants shall not be liable to CONTRACTOR
for any claims, costs, losses, or damages (including but not limited to all fees and charges of ENGINEERs, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by
CONTRACTOR on or in connection with any other project or anticipated project.

4.04 Underground Facilities

A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or
ENGINEER by the OWNER’s of such Underground Facilities, including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:

1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or
data; and

2. The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full
responsibility for:

a. Reviewing and checking all such information and data,
b. Locating all Underground Facilities shown or indicated in the Contract Documents.

c. Coordination of the Work with the OWNER’s of such Underground Facilities, including OWNER, during
construction, and

d. The safety and protection of all such Underground Facilities and repairing any damage thereto resulting
from the Work.

B. Not Shown or Indicated

1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or
indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall,
promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing
any Work in connection therewith (except in an emergency as required by paragraph 6.16.A). identify the OWNER
of such Underground Facility and give written notice to that OWNER and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the extent, if any, to which a change is required in the
Contract Documents to reflect and document the consequences of the existence or location of the Underground
Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground
Facility.

2. If ENGINEER concludes that a change in the Contract Documents is required, a Change Order will be issued to
reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or
Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground
Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract
Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of

GC-140f55

or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a
Claim therefore as provided in paragraph 10.05.

3. CONTRACTOR shall notify the following underground utility locating service at least three full working days prior
to beginning work: Dig Safe System, Inc. DIAL 811.

A list of the major public utilities servicing the work area follows. The list indicates the name and telephone
number of the responsible authority of the various utilities which should be notified if conflicts or emergencies
arise during the progress of the work.

Electricity — Eversource (800) 662-7764
Natural Gas — Liberty Utilities (603) 222-3705
Water — Pennichuck Water Works (603) 882-5191
Telephone Consolidated Communications (603) 645-3500
Cable TV — Comcast (888) 633-4266

Fire Alarm Cable — Nashua Fire Department (603) 594-3641

4. At points where the CONTRACTOR’s operations are adjacent to public and private utilities, CONTRACTOR shall
not commence work until CONTRACTOR has made all arrangements necessary for the protection of utilities.

5. CONTRACTOR shall coordinate and cooperate with the OWNER’s of any underground or overhead utility lines in
their removal and rearrangement operations in order that these operations may progress in a reasonable manner,
that duplication of rearrangement work may be reduced to a minimum, and that services rendered by those
parties will not be unnecessarily interrupted.

4.05 Reference Points

A. OWNER shall provide ENGINEERing surveys to establish reference points for construction which in ENGINEER’s
judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for
laying out the Work, shall protect and preserve the established reference points and property monuments, and shall
make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER
whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary
changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points or property monuments by professionally qualified personnel.

4.06 Hazardous Environmental Condition at Site

A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports
and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by
the ENGINEER in the preparation of the Contract Documents.

B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general
accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not
Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on
such “technical data,” CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of
ENGINEER’s Consultants with respect to:

1. The completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any

aspects of the means, methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto; or

GC-15 of 55

AMENDED
O-17-039

ORDINANCE

PROVIDING FOR AN ADVISORY OPINION FROM THE HISTORIC DISTRICT
COMMISSION FOR BUILDING CONSTRUCTION IN A PORTION OF GREELEY
PARK

CITY OF NASHUA

In the Year Two Thousand and Seventeen

The City of Nashua ordains that the Nashua Revised Ordinances as amended, are hereby
further amended by adding the new underlined language as follows:

1. In Part I “Administrative Legislation”, Chapter 5 “Administration of
Government”, Part 3 “Administrative Code”, Article VIII “Public Works Division”, Section 5-43
“Director; duties”, subsection B (5) (a):

“(a) There shall be no construction at Greeley Park except for construction approved
by a majority of the Board of Aldermen by ordinance after a public hearing.
“Construction” as used in this section shall be construed broadly, including but
not limited to, any new construction of any type of structure, monument, and/or
renovation or rehabilitation of an existing structure. This subsection is not
intended to prohibit the Parks and Recreation Department from repairing,
maintaining or otherwise servicing structures fully constructed and operational as
of December 31, 2006. If applying for any building permit or demolition permit
which would come within the scope of review of the Historic District
Commission for that part of Greeley Park deemed applicable in Section 190-2, the
Board of Aldermen shall first seek an advisory opinion of the Historic District
Commission as provided for in Section 190-22, C.”

2. In Part II “General Legislation”, Chapter 190 “Land Use”, Part 1 “Generally”,
Article I “Universally Applicable Provisions”, Section 190-2 “Applicability”:

Ҥ 190-2. Applicability.

A. The requirements of this chapter, as amended from time to time, shall apply to all
development or changes in land use within the municipal borders of the City of
Nashua, including those undertaken by the City of Nashua and its constituent and
affiliated agencies, departments and officials, to the fullest extent of the law,

2. Other data, interpretations, opinions and information contained in such reports or shown or indicated in such
drawings; or

3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions or information.

C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the
Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom
CONTRACTOR is responsible.

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

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

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

G. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER,
ENGINEER, ENGINEER’s Consultants, and the officers, directors, partners, employees, agents, other consultants, and
subcontractors of each and any of them from and against all claims, costs, losses, damages (including but not limited to
all fees and charges of ENGINEERs, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or
by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to
indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

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

GC-160f55

ARTICLE 5 - BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

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

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

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

5.02 Licenses Sureties and Insurers

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

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

5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER 10 days prior to Work, with copies to each additional insured identified in the

Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any
other additional insured) which CONTRACTOR is required to purchase and maintain.

5.04 CONTRACTOR'’s Liability Insurance

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

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

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

GC-170f 55

2. The CONTRACTOR must maintain the following lines of coverage and policy limits for the duration of the
contract. Any subcontractors used by the CONTRACTOR are subject to the same coverage and limits and is a
subcontractor of the CONTRACTOR and not the OWNER. It is the responsibility of the CONTRACTOR to update
Certificates of Insurance during the term of the contract. Provide coverage for not less than the following amounts
or greater:

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

Motor Vehicle Liability *coverage must include all owned, non-owned and hired vehicles.
$1,000,000 Combined Single Limit
Automobile Liability
City of Nashua Additional Insured

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

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

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

3. Include completed operations insurance;

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

5. Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or
renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to
each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has
been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so
provide);

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

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

C. CONTRACTOR agrees to maintain all required insurance coverage throughout the entire term of the contract. If
CONTRACTOR does not maintain coverage throughout the entire term of the contract, CONTRACTOR agrees that
OWNER may, at any time the coverage is not maintained by CONTRACTOR, order the CONTRACTOR to stop work,

GC-180f 55

suspend the contract, or terminate the contract. CONTRACTOR further agrees, if applicable, as a precondition to the
performance of any work under this contract and as a precondition to any obligation of the OWNER to make any
payment under this contract to provide the OWNER with a certificate of a qualified insurer.

5.05 Property Insurance

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

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

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

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

4. allow for partial utilization of the Work by OWNER:
5. include testing and startup; and

6. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER,

CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of

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

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

5.06 Waiver of Rights

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

GC-19 of 55