5.2 Specifications of Work
ESCO’s obligations hereunder are specified in Attachment 2 - Maintenance and Service
Agreement and related drawings and plans and any subsequent revisions thereto (“Scopeof
Work’), as approved by the Customer. Any modifications or alterations to the properties not
expressly included within the Scope of Work are excluded from the Work. The requirements
of all applicable laws, regulations and codes of federal, state, andlocal town or city
government shall be met at all times. Additional construction or operation requirements at
the Premises, if any, are described in Attachment 7 - Additional Requirements. All Work
shall be performed in a good and workmanlike manner. Time is of the essence with respect
to the Work.
5.3 Construction Procedures, Changes to Work and Coordination
ESCO shall supervise, coordinate and direct the Work using ESCO’s best ability, skill,
attention, and oversight. ESCO, in consultation with Customer, shall be responsible for the
construction means, methods, techniques, sequences, and procedures. Accordingly, no
course of conduct or dealings between the parties, nor expressed or implied acceptance of
alterations or additions to the Work, and no claim that the Customer has been unjustly
enriched by the any alteration or addition to the Work, whether or not there is in fact, any
unjust enrichment to the Work, shall be the basis of any claim to an increase in the amounts
due under the contract documents or a change in any time period provided for in the
contract documents.
Agreement to any change order shall constitute a final settlement of all claims of ESCO
relating to the change in Work that is the subject of the change order, including, but not
limited to, all indirect and direct costs associated with such change and any and all
adjustments to the Contract sum and the construction schedule.
The Customer shall review all proposed modifications to the building and systems and must
approve of same before commencement of any Work. Such approval will be made ina
timely manner and will not be unreasonably withheld. No change to the scope or
specifications of Work shall be made without the written consent of the Customer, in the
form of a revision to the Scope of Work.
If ESCO fails to correct Work which is notin accordance with the specifications or
persistently fails to meet specifications herein, Customer may order ESCO to stop the Work,
or any portion thereof, until the cause for such order has been eliminated. ESCO shall
perform the Work in such a manner as not to harm the structural integrity or operating
systems of any building and shall repair and restore any damage caused by the Work at
ESCO’s expense. ESCO shall not create or allowto continue any condition deemed to
endanger health or safety as definedin Section 6.01. If such a condition exists Customer
shall have the right to exercise the remedies described therein.
ESCO shall supply to the Customer the telephone number of a responsible person who may
be contacted during non-work hours for emergencies arising in connection with or affecting
the Work. ESCO shall coordinate any utility hookups provided by others under a separate
agreement at no additional cost or expense to the Customer. ESCO acknowedges that
there is sufficient space within the Premises for the performance of the Work.
11 ESCO Contract — Nashua Schools & EEI, Inc.
