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General Terms and Conditions
GENERAL PROVISIONS
Unless otherwise required by the context, "Independent Contractor’, and its successors,
transferees and assignees (together “Independent Contractor’) includes any of the Independent
Contractor's consultants, sub consultants, contractors, and subcontractors.
The term “Work” means the construction and services required by the Contract Documents, and
include all other labor, materials, equipment and services provided by the Independent Contractor
to fulfill their obligations.
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Independent Contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all.
In the case of a discrepancy, calculated dimensions will govern over scaled dimensions, Contract
Drawings will govern over Standard Specifications, and Technical Specifications will govern
over both Contract Drawings and Standard Specifications. In the case of a discrepancy between
the Agreement and other Contract Documents, the more specific or stringent obligation or
requirement to the benefit of the City of Nashua shall take precedence.
Except for permits and fees, which are the-responsibility of the Independent Contractor under the
Contract Documents, the City of Nashua shall obtain and pay for other necessary approvals,
easements, assessments and charges.
If the Independent Contractor fails to correct Work that is not in accordance with the Contract
Documents, the City of Nashua may direct the Independent Contractor in writing to stop the
Work until the correction is made.
If the Independent Contractor defaults or neglects to carry out the Work in accordance with the
Contract.Documents and fails within a sever (7) day period after receipt of written notice from
the City of Nashua to correct such default or neglect with diligence and promptness, the City of
Nashua may, without prejudice to other remedies, correct such deficiencies. In such case, a
Change Order shall be issued deducting the cost of correction from payments due the Independent
Contractor.
The City of Nashua reserves the right to perform construction or operations related to the project
with the City of Nashua’s own forces, and to award separate contracts in connection with other
portions of the project.
The Independent Contractor shali coordinate and cooperate with separate Independent
Contractor’s employed by the City of Nashua.
Costs caused by delays or by improperly timed activities or defective construction shall be borne
by the responsible party.
Execution of the Contract by the Independent Contractor is a representation that the Independent
Contractor has visited the site, become familiar with local conditions under which the Work is to
be performed and correlated personal observations with requirements of the Contract Documents.
The Independent Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the City of Nashua. Before commencing activities, the
Independent Contractor shall: (1) take field measurements and verify field conditions; (2)
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