3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course
of construction.
B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property,
or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR shall notify Owner's of adjacent property and of
Underground Facilities and other utility Owner’s when prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any
property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER’S Consultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed
by any of them). CONTRACTOR’s duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in
accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection
with Substantial Completion).
C. Occupational Safety and Health Standards: CONTRACTOR's methods of construction and safety requirements,
including but not limited to trench excavation and shoring where applicable, shall conform to the requirements of the
Occupational Safety and Health Standards for the Construction Industry. The document entitled "Occupational Safety
and Health Standards for the Construction Industry" (29 CFR PART 1926) with Amendments as of February 1, 1998,
including 29 CFR part 1910 General Industry Safety and Health Standards Applicable to Construction, is not attached to
the Contract Documents. Said requirements as identified and established above are incorporated herein by reference.
D. Power Lines: No equipment of any kind shall be used or permitted within such proximity to the conductors of the
Public Services of New Hampshire power lines as to be in violation of the safe working clearance prescribed by the
National Electrical Safety Code.
E. Protection of Utilities: The CONTRACTOR shall verify all utility locations prior to the start of construction. This shall
include, but not necessarily limited to: irrigation and drainage ditches, culverts, water lines, sewer lines, telephone
cables, cable television, gas lines and electric lines. Prior to the start of construction the CONTRACTOR shall call Dig
Safe System, Inc. 1-800-344-7233 (two full working days’ notice required). The failure of any utility to subscribe to
DIGS shall not relieve the CONTRACTOR from the responsibility of protection of that utility on the site. Any physical
structure (i.e. curbs, sidewalks, paving, buildings, landscape improvements, utilities, etc., damaged by the
CONTRACTOR shall be repaired or replaced in a condition equal to or better than the condition prior to the damage.
Such repair or replacement shall be accomplished at the CONTRACTOR’s expense without additional compensation
from the OWNER.
F. CONTRACTOR shall ensure that its activities and activities of its employees, agents and subcontractors, and their
employees and agents (including all sub-subcontractors), are in strict compliance with all Environmental Protection
Agency, New Hampshire Department of Environmental Services, and Department of Transportation regulations and all
other applicable federal, state and local statutes, ordinances, regulations and rules, including without limitation, the
Federal Occupational Safety and Health Act of 1970 (OSHA) as amended and the standards and regulations issued
thereunder, and all other statutes, ordinances, regulations, rules, standards and requirements of common law in
relation to industrial hygiene and safety, and the protection of health and the environment.
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and
programs. Work Site is subject to safety inspection by the City Safety Representative at any and all times.
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