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§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for
correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents
may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the
Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

§ 12.3 ACCEPTANCE OF NONCONFORMING WORK

If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ARTICLE 13 MISCELLANEOUS PROVISIONS

§ 13.1 GOVERNING LAW

The Contract shall be governed by the law of the place where the Project is located . All disputes arising from or in
connection with the Contract shall be brought in the State of New Hampshire, Superior Court Hillsborough South.

§ 13.2 SUCCESSORS AND ASSIGNS

§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided
in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the
other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain
legally responsible for all obligations under the Contract.

§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents.
The Contractor shall execute all consents reasonably required to facilitate such assignment.

§ 13.3 WRITTEN NOTICE

Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the
firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or
certified mail or by courier service providing proof of delivery to, the last business address known to the party
giving notice.

§ 13.4 RIGHTS AND REMEDIES

§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
by law.

§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.

§ 13.5 TESTS AND INSPECTIONS

§ 13.5.1 Tests, inspections and approvais of portions of the Work shaii be made as required by the Contract
Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public
authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect
timely notice of when and where tests and inspections are to be made so that the Architect may be present for such
procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until
after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or
applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.

§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written

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Init.

authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection
or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of
when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such
costs, except as provided in Section 13.5.3, shall be at the Owner’s expense.

§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary
by such failure including those of repeated procedures and compensation for the Architect’s services and expenses
shall be at the Contractor’s expense.

§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Architect.

§ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the
Architect will do so promptly and, where practicable, at the normal place of testing.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.

§ 13.6 INTEREST
Intentionally omitted.

(Paragraphs deleted)

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT

§ 14.1 TERMINATION BY THE CONTRACTOR

§ 14.1.§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 60 consecutive
days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or
any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,
for any of the following reasons:

1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to
be stopped;

2 An act of government, such as a declaration of national emergency that requires all Work to be
stopped;

3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within the time stated in the Contract Documents; or

4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable
evidence as required by Section 2.2.1.

§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work
by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of
days scheduled for completion, or 120 days in any 365-day period, whichever is less.

§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’
written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.

§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing portions of the Work under contract
with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional
days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided
in Section 14.1.3.

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Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 35
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Init.

§ 14.2 TERMINATION BY THE OWNER FOR CAUSE
§ 14.2.1 The Owner may terminate the Contract if the Contractor
‘1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of a public authority; or
4 otherwise is guilty of substantial breach of a provision of the Contract Documents.

§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that
sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and
after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of
the Contractor and may, subject to any prior rights of the surety:

-1~— Exclude the Contractor from the site and take possession of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
Accept assignment of subcontracts pursuant to Section 5.4; and
Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written
request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs
incurred by the Owner in finishing the Work.

2
3

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall
survive termination of the Contract.

§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
whole or in part for such period of time as the Owner may determine.

§ 14.3.2 The Contract Sum and Contract Time may be adjusted for increases in the cost and time caused by
suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum may include profit.
No adjustment shall be made to the extent
1 that performance is, was or would have been so suspended, delayed or interrupted by another cause
for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another provision of the Contract.

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the
Contractor shall
-1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
and
3 except for Work directed to be performed prior to the effective date of termination stated in the
notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts
and purchase orders.
4 assist Owner in the orderly transition of the Work to another contractor of the Owner’s choosing
or to the Owner in the Owner’s sole discretion.

§ 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive
payment for Work executed, and costs incurred by reason of such termination on the Work not executed.

AIA Document A201™ = 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36
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Init.

ARTICLE 15 CLAIMS AND DISPUTES

§ 15.1 CLAIMS

§ 15.1.1 DEFINITION

A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other
relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in
question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to
substantiate Claims shall rest with the party making the Claim.

§ 15.1.2 NOTICE OF CLAIMS
Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.

§ 15.1.3 CONTINUING CONTRACT PERFORMANCE

Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article
14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue
Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

§ 15.1.4 CLAIMS FOR ADDITIONAL COST

If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall
be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
endangering life or property arising under Section 10.4.

§ 15.1.5 CLAIMS FOR ADDITIONAL TIME

§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay, only one Claim is necessary.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
documented by data substantiating that weather conditions were abnormal for the period of time, could not have
been reasonably anticipated and had an adverse effect on the scheduled construction.

§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
this Contract. This mutual waiver includes
1. damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of
such persons; and
.2 damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination
in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
liquidated damages, when applicable, in accordance with the requirements of the Contract Documenis.

(Paragraphs deleted)

§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner
may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines.

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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Board of Aldermen Page 17
September 27, 2016

did in the committee and to instead endorse the Mayor’s version or the original version. We heard from
28 people tonight and they all stated that they wanted the Mayor's version or the original version. To
send it back to committee is wasting their time, wasting their organizations time, it’s wasting our time and
I’m not going to do it. | think we should pass this tonight in one form or another and move it along
because it’s an embarrassment at this point to send it back to the committee. The Mayor's amendment
doesn’t add anything significant to what the original legislation was except for the fact that it adds in the
document that he would be signing to join the initiative. | would suggest that my colleagues pass one
version of this and forget about sending it back to committee.

Alderman Siegel

In response to Alderman Clemons | would say that there are two options and we don’t have to accept the
Mayor’s amendment. If there is a desire to pass something this evening we have two alternatives. We
have either the recommendation by the Personnel/Administrative Affairs Committee to accept the
legislation as amended which we can vote on or failing the amended version before us will be the un-
amended version which we can then vote on. | don’t see that there is a requirement to send it back to
committee if in fact we want to pass something this evening. We have two options before us. My
colleague, Alderman Clemons, has said that there isn’t much material difference between the two so |
would assume that he would be more than content to deal with either one of those. | would suggest that
we debate at the full Board the legislation that has been referred by committee in its present form, accept
it or reject it in that form and then proceed on to the legislation that has originally appeared, if in fact the
amended legislation does not pass.

Alderman Lopez

| just wanted to point out that the changes that the Mayor made were...one of the strategies that was
discussed in the Personnel/Administrative Affairs Committee meeting was one response that we could
have done was to literally just take out everything that mentions the Welcoming America Initiative. | also
suggested in the meeting specifying exactly what we are committing to and | think the Mayor has done
exactly that. | think this is more of a middle ground than any other presentation because the amended
version that came out of the Personnel/Administrative Affairs Committee was in response to the fears
that it was a partisan effort or there were concerns that we didn’t know what the Welcoming America
Initiative was versus the original form which we could have just agreed to in the first place. The same
night that we introduced this resolution and then referred it to committee; we suspended the rules so that
we could congratulate the baseball team on their stunning season. Some virtue signaling is apparently
okay but others are not. We did not suspend that rule because it was important to discuss in committee
anything that was particularly important but we did suspend the rules for the baseball team. | think
sometimes we need to look at the situation that is right in front of us and not follow the process explicitly
every single time when the process that is before us is sufficient.

Alderman Cookson

| would like to thank all of the members of the public who came out this evening to speak to us and share
their thoughts on this piece of legislation. | learned a lot from them this evening. | learned more from
them this evening than the Mayors administration was prepared to present to us at the
Personnel/Administrative Affairs Committee meeting. There were pieces of the Welcoming America
Initiative, their website, the documentation that was presented on that website; and the Mayor and his
staff had absolutely no idea that the city had any obligation to. | appreciate that the Mayor at this point
adding that to the piece of legislation because it was me who identified it to the members of the
committee, again, who had not seen it at all. Alderman McCarthy was searching for it that evening
having no idea that it existed. The chairman of the committee had no idea that it existed. | don’t think
there was one member of that committee that evening that understood that there were obligations that
were set upon the city for it. You can approve it potentially by including it and making everybody aware
of it now. My question would be at this point, what else is there? There is a document that we sign but

:, eS te ee

FEMA PUBLIC ASSISTANCE

TECHNICAL ASSISTANCE CONTRACT | NATIONWIDE

The Federal Emergency Management Agency's (FEMA) Public Assistance Program provides aid in the wake of a major disaster to

state and local governments, and to certain non-profits, to help communities in their recovery efforts.As a subcontractor to the

Fluor Corporation, IParametrics has supported the FEMA Public Assistance program for the past I5 years, responding

to more than 60 presidentially-declared disasters throughout the United States and its territories.

CLIENT
The Federal Emergency
Management Agency

Sub to: Flour Corporation

REFERENCE

Eileen McLaughlin

FGG Management

2300 Clarendon Blvd.
Arlington, VA 22201

{703} 387-4826

Eileen. McLaughlin@Fluorcom

BUDGET
$50 million overall contract,
over five years

DURATION
2005 - Present

SITUATION
When disaster strikes anywhere in the United States or its territones, our team deploys within

48 hours to assist state and local jurisdictions affected by these devastating events. As part of this

effort, we have supported a broad range of tasks dealing with pre-disaster planning and post-

disaster recovery, Our applicants have included hundreds of states. cities, counties, townships, and

parishes throughout the United States.

TASK
Through the Public Assistance Program, ‘Parametrics supports federal disaster grant assistance

for debris removal, emergency protective measures, and the repair, replacement, or restoration

of disaster damaged property.

Our tasks include:

Performed damage assessments and
prepared Damage Descriptions and
Dimensions (DBDs)

Developed Scopes of Wark (SOW) for
repair or replacement

Calculated project cost estimates, including
costs for single-facility projects and fixed-
price estimates for multiple-facility projects
in accordance with Section 428 Public
Assistance Alternative Procedures

Reviewed /processed DDDs, SOWs, and
cost estimates in FEMA's Grants Manager

Assessed and prepared hazard mitigation
proposals for improvements to increase
facility resiliency against future events

Performed Audit and Review of the
grant for integrity, accuracy, and proper
documentation prior to a project being
submitted for public funding.

Ensured consistency and integrity in program
delivery/development of a quality project
and applicant compliance with requirements

Provided training on all functional
elements of the disaster

iS

§ 15.3 MEDIATION
§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those
waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 may be subject to mediation .

§ 15.3.2 The parties may endeavor to resolve their Claims by mediation . A request for mediation shall be made in
writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.

§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

§ 15.4 ARBITRATION
§ 15.4.1 Intentionally omitted.
§ 15.4.1.1 Intentionally omitted.

§ 15.4.2 Intentionally omitted.
§ 15.4.3 Intentionally omitted.

| § 15.4.4 CONSOLIDATION OR JOINDER intentionally omitted.

(Paragraphs deleted)
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Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 38
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
/ the maximum extent possible under the law. This document was produced by AIA software at 08:39:36 on 11/21/2016 under Order No.7150521749_1 which

expires on 10/03/2017, and is not for resale.
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Additions and Deletions Report for
AIA’ Document A201™ ~ 2007

This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AiA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.

Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 08:39:36 on 11/21/2016.

PAGE 1

Nashua Fire Station # 3- Spit Brook Road

(Name, legal status and address)
City Of Nashua

229 Main Street

Nashua, NH 03060

Port One Architects

959 Islington Street
Portsmouth, NH 03801

PAGE 10

The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the
Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in
the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment
to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architeet-Architect and agreed to in writing by the Owner.
Unless specifically enumerated in the Agreement, the Contract Documents de-net-include the advertisement or
invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of
receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding
requirements.

The Coniract Documents form the Contract for Consiruction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the
Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner
and the Architeet-or-the-Architect’s consultants or (4) between any persons or entities other than the Owner and the
Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the
Contract intended to facilitate performance of the Architect’s duties.

PAGE 11

Additions and Deletions Report for AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,

1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 4
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
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§ 1.5.1. The Architect and the Architect’s consultants shall be deemed the authors aac-ovasces-of their respective
Instruments of Service, including the Drawings and $
otherreserved tights, includins copyrights-Specifications,. The Contractor, Subcontractors, Sub- Subcontractors, and
material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or
distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be
construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.

§ 2.1.2 The Owner shall furnish to the Contractor within fifteen-thirty days after receipt of a written request,
information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights.
Such information shall include a correct statement of the record legal title to the property on which the Project is
located, usually referred to as the site, and the Owner’s interest therein.

PAGE 12

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such
default or neglect with diligence and prompiness, the Owner may, without prejudice to other remedies the Owner
may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from
payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including
Owner’s expenses and compensation for the Architect’ s additional services made necessary by such default, neglect
or failure. Su A atta 7a
the-Architect-If payments then ¢ or ieveafter due the Contractor are not sufficient to cover or such amounts, "the
Contractor shall promptly pay the difference to the Owner.

PAGE 13

§ 3.3.1 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 under the Contract, unless the Contract
Documents give other specific instructions concerning these matters. If the Contract Documents give specific
instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall
evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite
safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means,
methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the
Owner and Architect and shall not proceed will that portion of me Work without further written instructions from

Intentionally Omitted.

PAGE 28

Additions and Deletions Report for AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,

1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 2
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:39:36 on 11/21/2016

under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (844049242)

PAGE 29

10.2.7.1__ It is the Contractor’s responsibility to initiate and maintain safety training and compliance programs that
meet or exceed OSHA standards and all applicable Federal, State and local safety health and environmental

regulations. The Owner maintains the right to inspect the work site to determine if conditions exist that could
reasonably be expected to cause death, serious physical harm or will compromise the safety and health of the
Owner; including visitors and contractor’s employees and sub-employees. If such conditions exist, the Owner has
the right to suspend work if deemed unsafe.

If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not
insured, shall be given to the other party within a reasonable time net-exeeeding21-days-after discovery. The notice
shall provide sufficient detail to enable the other party to investigate the matter.

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§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner 10 days prior to
commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These
certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded
under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given
to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for
completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and
thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2.
Information concerning reduction of coverage on account of revised limits or claims paid under the General
Aggregate, or both, shall be furnished by the Contractor with reasonable promptness.

Contractor shall carry and maintain in effect during the performance of services under this contract:

Comprehensive or Commercial General Liability insurance which shall include contractual, XCU, products and
completed operations liability coverages. Bodily injury and property damage with combined single limits of not
less than $1,000,000 per occurrence; and if written on an aggregate basis, $2,000,000 aggregate limit — include per
project aggregate endorsement. The Owner must be named as an additional insured;

= _ Commerical Automobile Liability insurance endorsed for "any auto" with combined single limits of
liability of not less than $1,000,000 each occurrence. The owner must be named as an additional insured:

= _And Workers’ Compensation insurance in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$100,000.

None of the requirements as to types and limits to be maintained by Contractor are intended to and shall not in any
manner limit or qualify the liabilities and obligations assumed by Contractor under this contract. The Owgner shall

not maintain any insurance on behalf of Contractor. Subcontractors are subject to the same insurance requirements
as Contractor and it shall be the Contractor’s responsibility to ensure compliance of this requirement.

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, contractors, or subcontractors.
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,
contractors, or subcontractors. The parties also agree that Contractor is not the Owner’s employee and that there

shall be no:

(1) Withholding of income taxes by the Owner:

Additions and Deletions Report for AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,

1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA®° Document is protected by U.S. Copyright Law and 3
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:39:36 on 11/21/2016

under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (844049242)