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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
the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in
addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER’s Consultants, and all other individuals

GC - 18 of 53

or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers,
directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such
policies for losses and damages so caused.

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER
in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is
shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see
that the completed Work complies accurately with the Contract Documents.

B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent
thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary
circumstances. The superintendent will be CONTRACTOR’s representative at the Site and shall have authority to act
on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on
CONTRACTOR.

6.02 Labor; Working Hours

A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as
required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent
thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during
regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday,
Sunday, or any legal holiday without OWNER’s written consent (which will not be unreasonably withheld) given after
prior written notice to ENGINEER.

C. The following list of streets may not be opened or worked in between the hours of 7:00 AM and 9:00 AM and 3:00
PM and 6:00 PM, Monday through Friday of each week:

Broad Street

East Hollis Street
Concord Street
Amherst Street

D. W. Highway
Kinsley Street

East Dunstable Road
Main Street

6.03 Services, Materials, and Equipment

A. Unless otherwise specified in the General Requirements, CONTRACTOR _ shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and
incidentals necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good
quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically
called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and

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quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as
otherwise may be provided in the Contract Documents.

6.04 Progress Schedule

A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.

1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed
adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such
adjustments will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.

2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.

6.05 Substitutes and “Or-Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the
type, function, appearance, and quality required. Unless the specification or description contains or is followed by
words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the
circumstances described below.

1. “Or-Equal” Items:

If in ENGINEER’S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered
by ENGINEER as an “or-equal” item, in which case review and approval of the proposed item may, in ENGINEER’s
sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed
substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be
considered functionally equal to an item so named if:

a. Inthe exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality,
durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the
function imposed by the design concept of the completed Project as a functioning whole, and;

b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform
substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents.

2. Substitute Items

a. If in ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not
qualify as an “or-equal” item under paragraph 6.05.A.1, it will be considered a proposed substitute item.

b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine
that the item of material or equipment proposed is essentially equivalent to that named and an acceptable
substitute therefore. Requests for review of proposed substitute items of material or equipment will not be
accepted by ENGINEER from anyone other than CONTRACTOR.

c. The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in
the General Requirements and as ENGINEER may decide is appropriate under the circumstances.

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d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item
of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the
proposed substitute item will perform adequately the functions and achieve the results called for by the general
design, be similar in substance to that specified, and be suited to the same use as that specified. The
application will state the extent, if any, to which the use of the proposed substitute item will prejudice
CONTRACTOR’s achievement of Substantial Completion on time, whether or not use of the proposed
substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any
other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item
and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject
to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be
identified in the application, and available engineering, sales, maintenance, repair, and replacement services
will be indicated. The application will also contain an itemized estimate of all costs or credits that will result
directly or indirectly from use of such substitute item, including costs of redesign and claims of other
contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the
proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the
proposed substitute item.

B. Substitute Construction Methods or Procedures:: \|f a specific means, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may
furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by
ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER’s sole discretion,
to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The
procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2.

C. Engineer’s Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No “or-
equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is complete, which will be evidenced
by either a Change Order for a substitute or an approved Shop drawing for an “or equal’. ENGINEER will advise
CONTRACTOR in writing of any negative determination.

D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special
performance guarantee or other surety with respect to any substitute.

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

F. CONTRACTOR’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-
equal’ at CONTRACTOR’s expense.

6.06 Concerning Subcontractors, Suppliers, and Others

A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or
entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective
Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary
Conditions, OWNER’s acceptance (either in writing or by failing to make written objection thereto by the date indicated
for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier,
or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation.

GC - 21 of 53

personnel shall not be taken off of the project by Professional Engineer without the prior
written approval of the City of Nashua, except in the event of termination of employment.
Professional Engineer shall, if requested to do so by the City of Nashua, remove from the job
any personnel whom the City of Nashua determines to be incompetent, dishonest, or
uncooperative.

City of Nashua Representative. The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Professional Engineer, and any other communication about the contract shall be addressed
or be delivered to the City of Nashua Representative.

Changes to Scope of Work. The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work
to be performed, either increasing or decreasing the scope, character, or cost of
Professional Engineer's performance under the contract. Professional Engineer shall provide
to the City of Nashua within 10 calendar days, a written proposal for accomplishing the
change. The proposal for a change shall provide enough detail, including personnel hours
for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to
adequately analyze the proposal. The City of Nashua will then determine in writing if
Professional Engineer should proceed with any or all of the proposed change. If the change
causes an increase or a decrease in Professional Engineer's cost or time required for
performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Professional Engineer for adjustment
under this clause shall be asserted in writing within 30 days of the date the City of Nashua
notified Professional Engineer of the change.

When Professional Engineer seeks changes, Professional Engineer shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify
the City of Nashua in writing of the estimate. The proposal for a change shall provide
enough detail, including personnel hours for each sub-task and cost breakdowns of tasks,
for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua
will then determine in writing if Professional Engineer should proceed with any or all of the
proposed change.

Except as provided in this paragraph, Professional Engineer shall implement no change
unless the City of Nashua in writing approves the change. Unless otherwise agreed to in
writing, the provisions of this contract shall apply to all changes. The City of Nashua may
provide verbal approval of a change when the City of Nashua, in its sole discretion,
determines that time is critical or public health and safety are of concern. Any verbal
approval shall be confirmed in writing as soon as practicable. Any change undertaken
without prior City of Nashua approval shall not be compensated and is, at the City of
Nashua's election, sufficient reason for contract termination.

City of Nashua Cooperation. The City of Nashua agrees that its personnel will cooperate
with Professional Engineer in the performance of its work under this contract and that such
personnel will be available to Professional Engineer for consultation at reasonable times and
after being given sufficient advance notice that will prevent conflict with their other
responsibilities. The City of Nashua also agrees to provide Professional Engineer with access
to City of Nashua records in a reasonable time and manner and to schedule items that

GC 3 of 13

CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of
any right of OWNER or ENGINEER to reject defective work.

C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship
between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create
any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such
Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers,
and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with
CONTRACTOR.

E. CONTRACTORshall require all Subcontractors, Suppliers, and such other individuals or entities performing or
furnishing any of the Work to communicate with ENGINEER through CONTRACTOR.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by
any specific trade.

G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to
the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance
provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain
provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER’s Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors, partners, employees, agents, and other consultants and
subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting
from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the
Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
CONTRACTOR will obtain the same.

6.07 Patent Fees and Royalties

A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of
patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the
Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER
its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by
Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s
Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them
from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or
resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the
Contract Documents.

GC - 22 of 53

6.08 Permits

A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits
and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective date of the
Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay
all charges of such utility Owner’s for capital costs related thereto, such as plant investment fees.

6.09 Laws and Regulations

A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the
Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring CONTRACTOR’s compliance with any Laws or Regulations.

B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations,
CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to such Work; however, it shall not be CONTRACTOR’s primary responsibility to make certain
the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve
CONTRACTOR of CONTRACTOR’s obligations under paragraph 3.03.

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of
an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement
to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in paragraph
10.05.

D. CONTRACTOR shall comply with all local laws, ordinances, and statutes, all provisions of the Revised Statutes
Annotated, all provisions of the federal Davis-Bacon Act for projects with federal funding, and all regulations
promulgated under either statute. Copies of the "City of Nashua Prevailing Wage Rates for Public Works", as
determined by U.S. Department of Labor and "General Wage Determinations," as determined by the U.S. Department
of Labor, are available for inspection at the City of Nashua Division of Public Works, 9 Riverside Street, Nashua, New
Hampshire. If the provisions of the Davis-Bacon Act apply, all employees of the CONTRACTOR must be paid not less
than the wage which is the greater of the Federal wage determinations. The hourly and daily rate of wages to be paid
each class of mechanics and workers must be posted on the project site in a place generally visible to the employees.

E. If the Davis-Bacon Act applies, CONTRACTOR shall furnish to the OWNER within seven days after payment date of
the weekly payroll period, a statement of wages paid for each of the CONTRACTOR’s employees or a payroll report. If
the Davis-Bacon Act applies, CONTRACTOR shall furnish to the OWNER within seven days after payment date of the
weekly payroll period, a statement of wages paid for each of any subcontractor's employees or a payroll report for each
subcontractor. The statement or report must include the CONTRACTOR’s certification of compliance with the
requirements of the supplementary condition. CONTRACTOR agrees that failure to comply with the portion of this
supplementary condition requiring CONTRACTOR to furnish a certified statement of wages or payroll report will, in
addition to any other retention allowed under this contract or under state or federal law, allow the OWNER to
unilaterally, without notice to CONTRACTOR, retain an amount of up to 10% from each progress payment until the
OWNER determines CONTRACTOR has complied with the provisions of this supplementary condition.

F. If the Davis-Bacon Act applies to work to be performed under this contract, CONTRACTOR shall furnish to the
OWNER within seven days after payment date of the weekly payroll period, a statement of wages paid for each of
CONTRACTOR’s employees and for each of any subcontractor's employees or a payroll report from CONTRACTOR
and from each subcontractor. Each statement or report must include the certification by CONTRACTOR of compliance
with the provisions of the Davis-Bacon Act.

GC - 23 of 53

G. Workers’ Compensation Coverage.

1. CONTRACTOR agrees as a precondition to the performance of any work under this contract and as a
precondition to any obligation of the OWNER to make any payment under this contract to provide the OWNER with
a certificate of a qualified insurer. CONTRACTOR agrees that notice of any lapse in coverage or nonpayment of
coverage that the CONTRACTOR is required to maintain should be mailed to:

Risk Management
City of Nashua
229 Main Street

Nashua, NH 03060

2. CONTRACTOR agrees to maintain required workers’ compensation coverage throughout the entire term of the
contract. If CONTRACTOR does not maintain coverage throughout the entire term of the contract, CONTRACTOR
agrees that OWNER may, at any time the coverage is not maintained by CONTRACTOR, order the
CONTRACTOR to stop work, suspend the contract, or terminate the contract. For each six-month period this
contract is in effect, CONTRACTOR agrees, prior to the expiration of the six-month period, to provide another
written request to its insurer for the provision of a certificate and notice of lapse in or nonpayment of coverage. If
CONTRACTOR does not make the request or does not provide the certificate before the expiration of the six-
month period, CONTRACTOR agrees that OWNER may order the CONTRACTOR to stop work, suspend the
contract, or terminate the contract.

H. To be deemed a responsive bid, the list of subcontractor form must be submitted even if no subcontractors
are required to be listed. Submittal is as follows:

1. Each bid submitted to any officer, department, board or commission for the construction of any public
work or improvement must include:

a. The name of each subcontractor who will provide labor or a portion of the work or improvement to
the CONTRACTOR for which he will be paid an amount exceeding 5 percent of the prime
CONTRACTOR’s total bid. Within 2 hours after the completion of the opening of the bids, the general
contractors who submitted the three lowest bids must submit a list of the name of each subcontractor
who will provide labor or a portion of the work or improvement to the CONTRACTOR for which he will
be paid an amount exceeding 1 percent of the prime CONTRACTOR’s total bid or $50,000, whichever
is greater, and the number of the license issued to the subcontractor. If a general CONTRACTOR fails
to submit such a list within the required time, his bid shall be deemed not responsive.

b. A description of the portion of the work or improvement which each subcontractor named in the bid
will complete.

2. The CONTRACTOR shall list in his bid the name of a subcontractor for each portion of the project that
will be completed by a subcontractor.

3. A CONTRACTOR whose bid is accepted shall not substitute any person for a subcontractor who is
named in the bid, unless:

a. The awarding authority objects to the subcontractor, requests in writing a change in the
subcontractor and pays any increase in costs resulting from the change; or

b. The substitution is approved by the awarding authority and:
(i) The subcontractor, after having a reasonable opportunity, fails or refuses to execute a written
contract with the CONTRACTOR which was offered to the subcontractor with the same terms that

all other subcontractors on the project were offered;

(ii) The named subcontractor files for bankruptcy or becomes insolvent; or

GC - 24 of 53

(iii) The named subcontractor fails or refuses to perform his subcontract within a reasonable time
or is unable to furnish a performance bond and payment bond.

|. If blasting or use of explosives is necessary for prosecution of Work, the CONTRACTOR shall provide the
ENGINEER with a blasting plan in compliance with OSHA, State, and local regulations, laws, ordinances, and
requirements. CONTRACTOR shall exercise the utmost care not to endanger life or property. CONTRACTOR shall be
responsible for all damage resulting from the use of explosives. CONTRACTOR shall notify each property OWNER and
utility company having structures or facilities in proximity to the site of the work of its intentions to use explosives. Such
notice shall be given sufficiently in advance to enable the utility companies to take such steps as they may deem
necessary to protect their property from injury.

6.10 Taxes

A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in
accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of
the Work

6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas

1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably
encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR
shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof, or
of any adjacent land or areas resulting from the performance of the Work.

2. Should any claim be made by any such OWNER or occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at law.

B. Removal of Debris During performance of the Work:

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

C. Cleaning:

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

D. Loading Structures:

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

E. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER’s Consultant, and the officers, directors, partners, employees, agents, and other
consultants of each and any of them from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any

GC - 25 of 53

such OWNER or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent
caused by or based upon CONTRACTOR’s performance of the Work.

6.12 Record Documents

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

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

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

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

2. The location and identification of all surface installations within 100 feet of the construction work.

3. The location and dimensions of any changes within the building or structure.

4. Correct grade or alignment of roads, structures, or utilities if any changes were made from Contract Drawings.

5. Correct elevations if changes were made in site grading.

6. Changes in details or design or additional information obtained from working drawings specified to be prepared

or furnished by the CONTRACTOR including but not limited to fabrication, erection, installation plans and placing

details, pipe sizes, insulation material, dimensions or equipment foundations, etc.

7. The topography and grades of all drainage installed or affected as a part of the Work.

8. All changes or modifications which result from the final inspection.
The As-built marked prints shall be delivered to the ENGINEER at the time of final inspection for ENGINEER's review
and approval. All approval and acceptance of As-built drawings shall be accomplished before final payment is made to
the CONTRACTOR.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury or loss to:

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

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

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