Agenda

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

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

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.

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

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

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

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

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.

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.

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 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