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  2. Board Of Aldermen - Agenda - 12/14/2021 - P112

Board Of Aldermen - Agenda - 12/14/2021 - P112

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
112
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting ¢ach portion of the
Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the
information furnished by the Owner pursuant to Section 2 2.3, shall take field measurements of any existing
conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
purpose of discovering errors, omissions, or inconsistencies in the Contract Documents, however, the Contractor shall
promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known lo the
Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's
review 1s made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise
specifically provided in the Contract Documents

§ 3.2.3 The Contractor 1s not required to ascertain that the Contract Documents are in accordance with applicable laws,
statules, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall
promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for
information in such form as the Architect may require

§ 3.2.4 Ifthe Contractor believes that additional cost or time is involved because of clarifications or instructions the
Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2 2 or 3.2 3,
the Contractor shajl make Claims as provided in Article 15. If the Contractor fails to perform the obligations of:
Sections 3 2 2 or 3 2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if
the Contractor had performed such obligations If the Contractor performs those obligations, the Contractor shall not
be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract
Documents, for differences between field measurements or conditions and the Contract Documents, or for
nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and

lawful orders of public authorities

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention, The
Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequentes
and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give
other specific instructions conceming these matters. If the Contract Documents give specific instructions concerning
construction meaus, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety
thereof and, except as stated below, shall be fully aad solely responsible for the jobsite safety of such means, methods,
techniques, sequences or procedures. If |he Contractor determines that such means, methods, techniques, sequences or
procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not
proceed with that portion of the Work without further written instructions from the Architect.

§ 3.3.2 The Contractor shall be responstble to the Owner for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or
on behalf of, the Contractor or any of its Subcontractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition to receive subsequent Work.

§ 3.4 LABOR AND MATERIALS
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,

materials, equipment, tools, construction equipment and machinery, watez, heat, utilities, uansportation, and other
facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or 10 be incorporated in the Work.

§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8
or 7.4. the Contiactor may.make substitutions only with the consent of the Owner, after evaluation by the Architect
and in accordance with a Change Order or Construction Change Directive.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not property

skilled in tasks assigned to them.

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Board Of Aldermen - Agenda - 12/14/2021 - P112

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