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Finance Committee - Agenda - 6/7/2017 - P137

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
137
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below
will have the meanings indicated which are applicable to both the singular and plural thereof.

1. Addenda--Written or graphic instruments issued prior to the opening of Bids, which clarify, correct, or
change the Bidding Requirements or the Contract Documents.

2. Agreement--The written instrument which is evidence of the agreement between OWNER and
CONTRACTOR covering the Work.

3. Application for Payment--The form acceptable to ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract Documents.

4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established by the United States Occupational Safety and Health
Administration.

5. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the
Work to be performed.

6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).

7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form,
if any, and the Bid form with any supplements.

8. Bonds--Performance and payment bonds and other instruments of security.

9. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price
or the Contract Times, issued on or after the Effective Date of the Agreement.

10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or
services by a third party is not a Claim.

11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR
concerning the Work. The contract supersedes prior negotiations, representations, or agreements, whether
written or oral.

12. Contract Documents--The Contract Documents establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR’s Bid
(including documentation accompanying the Bid and any post Bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these
General Conditions, the Supplementary Conditions, the Specifications, the Drawings and the Purchases
Order as the same are more specifically identified in the Agreement, together with all Written Amendments,

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Finance Committee - Agenda - 6/7/2017 - P137

Finance Committee - Agenda - 6/7/2017 - P138

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
138
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

Change Orders, Field Orders, and ENGINEER’s written interpretations and clarifications issued on or after
the Effective Date Of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface
and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this
paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that
may be furnished by OWNER to CONTRACTOR are not Contract Documents.

13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph
11.03 in the case of Unit Price Work).

14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Substantial
Completion; and (11) complete the Work so that it is ready for final payment as evidenced by ENGINEER’s
written recommendation of final payment.

15. CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement.
16. Cost of the Work--Sce paragraph 11.01.A for definition.

17. Drawings--That part of the Contract Documents prepared or approved by ENGINEER which
graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop
Drawings and other CONTRACTOR submittals are not Drawings as so defined.

18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.

19. ENGINEER--The individual or entity named as such in the Agreement.

20. ENGINEER’s Consultant--An individual or entity having a contract with ENGINEER to furnish
services as ENGINEER’s independent professional associate or consultant with respect to the Project and
who is identified as such in the Supplementary Conditions.

21. Field Order--A written order issued by ENGINEER which requires minor changes in the Work but
which does not involve a change in the Contract Price or the Contract Times.

22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain
to all sections of the Specifications.

23. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in connection with the Work.

24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

25. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having

jurisdiction.

26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal
property.

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Finance Committee - Agenda - 6/7/2017 - P138

Finance Committee - Agenda - 6/7/2017 - P139

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
139
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

27. Milestone--A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.

28. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon
timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER
will sign and deliver the Agreement.

29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under
the Contract Documents.

30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be performed.

31. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

32. PCB’s--Polychlorinated biphenyls.

33. Petroleum-- Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute),
such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-
Hazardous Waste and crude oils.

34. Project--The total construction of which the Work to be performed under the Contract Documents may
be the whole, or a part as may be indicated elsewhere in the contract Documents.

35. Project Manual--The bound documentary information prepared for bidding and constructing the Work.
A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in
the table(s) of contents.

36. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

37. Resident Project Representative--The authorized representative of ENGINEER who may be assigned to
the Site or any part thereof.

38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some
portion of the Work and which establish the standards by which such portion of the Work will be judged.

39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.

40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which
the Work is to performed, including rights-of-way and easements for access thereto, and such other lands
furnished by OWNER which are designated for the use of CONTRACTOR.

41. Specifications--That part of the Contract Documents consisting of written technical descriptions of

materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative
details applicable thereto.

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Finance Committee - Agenda - 6/7/2017 - P139

Finance Committee - Agenda - 6/7/2017 - P140

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
140
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

42. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work at the Site.

43. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms “substantially complete” and “substantially completed” as
applied to all or part of the Work refer to Substantial Completion thereof.

44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these
General Conditions.

45. Supplier--A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor to fumish materials or equipment to be
incorporated in the Work by CONTRACTOR or any Subcontractor.

46. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities,
including those that convey electricity, gases, steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or
other control systems.

47. Unit Price Work--Work to be paid for on the basis of unit prices.

48. Work--The entire completed construction or the various separately identifiable parts thereof required to
be provided in the Contract Documents. Work includes and is the result of performing or providing all labor,
services, and documentation necessary to produce such construction, and furnishing, installing, and
incorporating all materials and equipment into such construction, all as required by the Contract Documents.

49. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the
nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents.

1.02 Terminology

A. Intent of Certain Terms or Adjectives

22 ¢e

1. Whenever in the Contract Documents the terms “as allows,” “as approved,” or terms of like effect or
import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the
Work, it is intended that such action or determination will be solely to evaluate, in general, the completed
Work for compliance with the requirements of and information in the Contract Documents and conformance
with the design concept of the completed Project as a functioning whole as shown or indicated in the
Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or
adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the
performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of
paragraph 9.10 or any other provision of the Contract Documents.

22 ee

B. Day

1. The work “day” shall constitute a calendar day of regular working hours except Saturdays, Sundays and
any legal holiday.

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Finance Committee - Agenda - 6/7/2017 - P140

Finance Committee - Agenda - 6/7/2017 - P141

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
141
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

C. Defective

1. The word “defective,” when modifying the work “Work,” refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged
prior to ENGINEER’s recommendation of final payment (unless responsibility for the protection thereof has
been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).

D. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply
and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to furnish
and install said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “Provide,” when used in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of CONTRACTOR, “provide” is implied.

E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or
construction industry or trade meaning are used in the Contract Documents in accordance with such recognized
meaning.

ARTICLE 2 - PRELIMINARY MATTERS

2.01 Delivery of Bonds

A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to furnish.

2.02 Copies of Documents

A. OWNER shall furnish to CONTRACTOR up to 5 copies of the Contract Documents as are reasonably
necessary for execution of the Work. Additional copies will be furnished upon request at the cost of
reproduction.

2.03 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence on the day indicated in the Notice to Proceed

2.04 Starting the Work

A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the Contract Times commence to run.

2.05 Before Starting Construction
A. CONTRACTOR’s Review of Contract Documents: Before undertaking each part of the Work,

CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent
figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to

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Finance Committee - Agenda - 6/7/2017 - P141

Finance Committee - Agenda - 6/7/2017 - P142

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
142
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain
a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby:
however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have
known thereof.

B. Preliminary Schedules: Within ten days after the effective Date of the Agreement (unless otherwise specified
in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review:

1.A preliminary progress schedule indicating the times (numbers of days or dates) for starting and
completing the various stages of the Work, including any Milestones specified in the Contract Documents;

2. A preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing such submittal; and

3. A preliminary schedule of values for all of the Work which includes quantities and prices of items which
when added together equal the Contract Price and subdivides the Work into component parts in sufficient
detail to serve as the basis for progress payments during performance of the Work. Such prices will include
an appropriate amount of overhead and profit applicable to each item of Work.

C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall cach
deliver to the other, with copies to each additional insured identified in the Supplementary Conditions,
certificates of insurance (and other evidence of insurance which either of them or any additional insured may
reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in
accordance with Article 5.

2.06 Preconstruction Conference

A. Within 20 days after the Contract times start to run, but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working
understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B,
procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and
maintaining required records.

2.07 Initial Acceptance of Schedules

A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first
Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will
be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with
paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to
complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable
schedules are submitted to ENGINEER.

1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work
to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR from CONTRACTOR’s full responsibility therefore.

2. CONTRACTOR’s schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if
it provides a workable arrangement for reviewing and processing the required submittals.

3. CONTRACTOR’s schedule of values will be acceptable to ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price to component parts of the Work.

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Finance Committee - Agenda - 6/7/2017 - P142

Finance Committee - Agenda - 6/7/2017 - P143

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
143
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent
A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

B. It is the intent of the Contract documents to describe a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will be provided whether or not specifically called for at
no additional cost to OWNER.

C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in
Article 9.

3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations

1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or
association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on
the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in
the Contract Documents.

2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of
their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor
shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of
ENGINEER’s Consultants, agents, or employees any duty or authority to supervise or direct the performance
of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the
Contract Document.

3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies

1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any
Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or
code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once.
CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by
paragraph 6.16A) until an amendment or supplement to the Contract Documents has been issued by one of
the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless
CONTRACTOR knew or reasonably should have known thereof.

2. In case of discrepancy, calculated dimensions will govern over scaled dimensions, Drawings will govern
over Standard Specifications, and Construction Specifications will govern over both Drawings and Standard
Specifications. The CONTRACTOR shall take no advantage of any apparent error or omission in the
Drawings or Construction Specifications, and the ENGINEER will be permitted to make such corrections and
interpretations as may be deemed necessary to fulfill the intent of the Contract Documents.

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Finance Committee - Agenda - 6/7/2017 - P143

Finance Committee - Agenda - 6/7/2017 - P144

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
144
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:

a. The provisions of any standard, specification, manual, code, or instruction (whether or not specifically
incorporated by reference in the Contract Documents); or

b. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or
Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the following ways: (1) a Written Amendment, or (11) a
Change Order; order B. The requirements of the Contract Documents may be supplemented and minor
variations and deviations in the Work may be authorized, by one of more of the following ways: (i) a Field Order;
(qi) ENGINEER’s approval of a Shop Drawing or Sample; or (iii) ENGINEER’s written interpretation or
clarification.

3.05 Reuse of Documents

A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any
of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or
ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared
by or bearing the seal of ENGINEER or ENGINEER’s Consultant, including electronic media editions. This
prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of
the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents
for record purposes.

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS

4.01 Availability of Lands

A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions
not of general application but specifically related to use of the Site with which CONTRACTOR must comply in
performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or
permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to
or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result
of any delay in OWNER’s fumishing the Site, CONTRACTOR may make a Claim therefore as provided in
paragraph 10.05.

B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed and OWNER’s interest
therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in
accordance with applicable Laws and Regulations.

C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.

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Finance Committee - Agenda - 6/7/2017 - P144

Finance Committee - Agenda - 6/7/2017 - P145

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
145
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

D. If corporate or private property interferes with the Work, CONTRACTOR shall notify, in writing, the
OWNER’s of such property, advising them of the nature of the interference and shall arrange to cooperate with
them for the protection or disposition of such property. CONTRACTOR shall furnish the ENGINEER with
copies of such notifications and with copies of any agreements between the CONTRACTOR and the property
OWNER’s concerning such protection or disposition.

E. CONTRACTOR shall take all necessary precautions for the protection of corporate or private property, such
as walls and foundations of buildings, vaults, underground structures of public utilities, underground drainage
facilities, overhead structures of public utilities, trees, shrubbery, crops, and fences contiguous to the Work, of
which the Contract does not provide for removal. CONTRACTOR shall protect and carefully preserve all
official survey monuments, property marks, section markers, and Geological Survey Monuments, or other similar
monuments, until OWNER, or authorized Surveyor or agent has witnessed or otherwise referenced their location
or relocation. CONTRACTOR shall notify the ENGINEER of the presence of any such survey or property
monuments as soon as they are discovered.

F. CONTRACTOR shall be responsible for the damage or destruction of property of any character resulting from
neglect, misconduct, or omission in its manner or method of execution or the non-execution of the work, or
caused by defective work or the use of unsatisfactory materials, and such responsibility shall not be released until
the work shall have been completed and accepted and the requirements of the Construction Specifications
complied with.

G. Whenever public or private property is so damaged or destroyed, the CONTRACTOR shall at its own
expense, restore such property to a condition equal to that existing before such damage or injury was done by
repairing, rebuilding, or replacing it as may be directed, or the CONTRACTOR shall otherwise make good such
damage or destruction in an acceptable manner. If the CONTRACTOR fails to do so, the ENGINEER may, after
giving the CONTRACTOR notice in writing, proceed to repair, rebuild, or otherwise restore such property as
may be deemed necessary, and the cost thereof shall be deducted from any compensation due, or which may
become due, the CONTRACTOR under its Contract.

4.02 Subsurface and Physical Conditions
A. Reports and Drawings:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Documents; and

2. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract
Documents.

B. Limited Reliance by CONTRACTOR on Technical Data Authorized:

CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and
drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the
Supplementary Conditions. Except for such reliance on such “technical data,” CONTRACTOR may not rely
upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER’s Consultants with respect to:

1. The completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited
to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed

by CONTRACTOR, and safety precautions and programs incident thereto; or

2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in
such drawings; or

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Finance Committee - Agenda - 6/7/2017 - P145

Finance Committee - Agenda - 4/6/2022 - P334

By dnadmin on Sun, 11/06/2022 - 21:44
Document Date
Fri, 04/01/2022 - 08:56
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/06/2022 - 00:00
Page Number
334
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__040620…

3.07 CURBING:

A. The Contractor shall install curbing in accordance with the Construction
Requirements as specified in NHDOT Section 609.

3.08 SIDEWALKS:

A. The Contractor shall install sidewalks in accordance with the Construction
Requirements as specified in NHDOT Section 608.

3.09 PAVEMENT MARKINGS:

A. The Contractor shall replace all pavement markings removed or covered-over in
carrying out the work, and as directed by the Engineer, no sooner than 48 hours after
completion of permanent pavement. The markings and respective mixture and
application requirements shall conform to the requirements of NHDOT Standard
Specifications Section 632. Pavement markings are considered subsidiary to the
pavement items of work.

B. When directed by the Engineer, the Contractor shall provide temporary markings at
no additional cost to the Owner.

3.10 PAVEMENT REPAIR:
A. If required in the contract or if permanent pavement becomes rough or uneven,
permanent pavement patches and trenches shall be repaired and brought to grade

utilizing "infrared" paving methods following completion of the construction.

B. The Contractor performing the work shall use care to avoid overheating the
pavement being repaired.

C. Pavement repair shall extend a minimum of 6-inches beyond all edges of the
pavement patch to assure adequate bonding at the pavement joints.

END OF SECTION

2022 Sewer Replacement Project Road Restoration
Nashua, NH 02745-7

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Finance Committee - Agenda - 4/6/2022 - P334

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