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Finance Committee - Agenda - 11/15/2017 - P204

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
204
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

B-10.1

CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN

Project/Owner Contractor
Project: SCADA System Upgrades Name
Address: Address:
City State Zip City State Zip
Owner Contractor License:
Contract Date:

TO ALL WHOM IT MAY CONCERN:

For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and all
liens, claims, and rights to liens against the above-mentioned project, and any and all other
property owned by or the title to which is in the name of the above-referenced Owner and against
any and all funds of the Owner appropriated and available for the construction of said project,
and any and all warrants drawn upon or issued against any such funds or monies, which the
undersigned Contractor may have or may hereafter acquire or process as a result of the
furnishing of labor, materials, and/or equipment, and the performance of Work by the Contractor
on or in connection with said project, whether under and pursuant to the above-mentioned
contract between the Contractor and the Owner pertaining to said project or otherwise, and
which said liens, claims or rights of lien may arise and exist.

The undersigned further hereby acknowledges that the sum of

Dollars ($ ) constitutes the entire umpaid balance due the undersigned in
Connection with said project whether under said contract or otherwise and that the payment of
said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens,
claims, and demands which the Contractor may have or assert against the Owner in connection
with said contract or project.

Dated this _ day of 20

Contractor
Witness to Signature

By By

Title Title

Page Image
Finance Committee - Agenda - 11/15/2017 - P204

Finance Committee - Agenda - 11/15/2017 - P205

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
205
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

This page intentionally left blank

Page Image
Finance Committee - Agenda - 11/15/2017 - P205

Finance Committee - Agenda - 11/15/2017 - P206

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
206
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

B-11.1

CONSENT OF SURETY FOR FINAL PAYMENT

OWNER's Project No.: ENGINEER's Project No.:

Project: SCADA System Upgrades

Amount of Contract (including

Type of Contract: Change Orders):
CONTRACTOR:
Contract For: Contract Date:

In accordance with the provisions of the above named contract between the OWNER and the
CONTRACTOR, the following named Surety Company:

On the Payment Bond of the following named CONTRACTOR:

Hereby approves of final payment to the CONTRACTOR, and further agrees that said final payment to
the CONTRACTOR shall not relieve the Surety Company named herein of any of its obligations to the
following named OWNER; as set forth in said Surety Company’s bond:

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal
this day of of 20

(Name of Surety Company)

(Signature of Authorized Representative)

(Title)
(Affix corporate seal here)

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Finance Committee - Agenda - 11/15/2017 - P206

Finance Committee - Agenda - 11/15/2017 - P207

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
207
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

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Finance Committee - Agenda - 11/15/2017 - P207

Finance Committee - Agenda - 11/15/2017 - P208

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
208
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

C. GENERAL AND SPECIAL CONDITIONS

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Finance Committee - Agenda - 11/15/2017 - P208

Finance Committee - Agenda - 11/15/2017 - P209

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
209
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

This page intentionally left blank

Page Image
Finance Committee - Agenda - 11/15/2017 - P209

Finance Committee - Agenda - 11/15/2017 - P210

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
210
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

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C-1.1

GENERAL CONDITIONS

Contract and Contract Documents

Definitions

Additional Instructions and Detail Drawings
Shop or Setting Drawings

Materials, Services, Facilities and Workmanship
Contractor's Title to Materials

Inspection and Testing of Materials

“Or Equal” Clause, Substitutions, and Contractor Options
Patents

Surveys

Contractor's Obligations

Weather Conditions

Protection of Work and Property

Inspection

Reports, Records and Data

Superintendence by Contractor

Extra Work and Change Orders

Time for Completion and Liquidated Damages
Defective Work

Differing Site Conditions

Claims for Extra Cost

Right of Owner to Terminate Contract
Construction Schedule and Periodic Estimates
Payments to Contractor

Acceptance and Final Payment

Payments by Contractor

Insurance

Contract Security

Additional or Substitute Bond

Assignments

Mutual Responsibility of Contractors
Subcontracting

Authority of the Engineer and His Representatives
Stated Allowances

Use of Premises, Removal of Debris, Sanitary Conditions
Quantities of Estimate

Lands and Rights-of-Way

General Guaranty

Errors and Inconsistencies in Contract Documents
Notice and Service Thereof

Required Provisions Deemed Inserted

Page Image
Finance Committee - Agenda - 11/15/2017 - P210

Finance Committee - Agenda - 11/15/2017 - P211

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
211
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.

C-1.2

GENERAL CONDITIONS

Protection of Lives and Health

OSHA Construction Safety Program
Equal Employment Opportunity

Interest of Federal, State or Local Officials
Other Prohibited Interests

Use and Occupancy Prior to Acceptance
Suspension of Work

[Reserved]

[Reserved]

[Reserved]

Project Sign

[Reserved]

Public Convenience and Traffic Control
Pre-Construction Conference
Maintenance During construction
Cooperation with Utilities

Work Performed at Night, and on Sundays and Holidays
Laws to be Observed

Permits

Control of Pollution

Use of Explosives

Arbitration by Mutual Agreement

Taxes

Separate Contracts

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Finance Committee - Agenda - 11/15/2017 - P211

Finance Committee - Agenda - 11/15/2017 - P212

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
212
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

C-1.3

GENERAL CONDITIONS

Contract and Contract Documents. The plans, information for bidders, bids,
advertisement for bids, bid payment and performance bonds, Agreements, change orders,
notice to proceed, specifications and addenda, hereinafter enumerated in the Agreement,
shall form part of this Contract and the provisions thereof shall be as binding upon the
parties hereto as if they were herein fully set forth. The table of contents, titles, headings,
running headlines and marginal notes contained herein and in said documents are solely
to facilitate reference to various provisions of the Contract Documents and in no way
affect, limit or cast light on the interpretation of the provisions to which they refer.

Definitions.

2.1 “Addenda” means written or graphic instruments issued prior to the execution of
the Agreement which modify or interpret the Contract Documents, drawings and
specifications, by additions, deletions, clarifications or corrections. Such written or
graphic instruments will be issued no less than five days before the bid opening.

2.2 “Bid” means the offer or proposal of the bidder submitted on the prescribed form
setting forth the prices for the work to be performed.

2.3. “Bidder” means any person, firm or corporation submitting a bid for the work.

2.4 “Bonds” means bid, performance, and payment bonds and other instruments of
security, furnished by the Contractor and his surety in accordance with the Contract
Documents.

2.5 “Change Order” means a written order to the Contractor authorizing an addition,
deletion or revision in the work within the general scope of the Contract Documents, or
authorizing an adjustment in the Contract Price or Contract Time.

2.6 “Contract Documents” means the Contract, including any advertisement for bids,
information for bidders, bid, bid bond, Agreement, payment bond, performance bond,
notice of award, notice to proceed, change orders, drawings, specifications and addenda.

2.7 “Contract Price” means the total monies payable to the Contractor under the terms
and conditions of the Contract Documents.

2.8 “Contract Time” means the number of calendar days stated in the Contract
Documents for the completion of the Work.

2.9 “Contractor” means the person, firm or corporation with whom the Owner has
executed the Agreement.

2.10 “Division” means the state of New Hampshire Department of Environmental
Services, Water Division.

Page Image
Finance Committee - Agenda - 11/15/2017 - P212

Finance Committee - Agenda - 11/15/2017 - P213

By dnadmin on Mon, 11/07/2022 - 10:18
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
213
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

C-1.4

2.11 “Drawings” mean the part of the Contract Documents which show the
characteristics and scope of the work to be performed and which have been prepared or
approved by the Engineer.

2.12 “Engineer” means the person, firm or corporation named as such in the contract
documents.

2.13. “Field order” means a written order effecting a change in the work not relating to
an adjustment in the contract price or an extension of the contract time and issued by the
Engineer to the Contractor during construction.

2.14 “Notice of Award” means the written notice of the acceptance of the Bid from the
Owner to the successful Bidder.

2.15 “Notice to Proceed” means the written communication issued by the Owner to the
Contractor authorizing him to proceed with the Work and establishing the date of
commencement of the Work.

2.16 “Owner” means a public or quasi-public body or authority, corporation,
association, partnership, or individual for whom the work is to be performed.

2.17 “Plans” means the contract drawings or exact reproductions thereof which show
the scope, character, dimensions and details of the work and which have been prepared or
approved by the Engineer.

2.18 “Project” means the undertaking to be performed as provided in the Contract
Documents.

2.19 “Resident Project Representative” means the authorized representative of the
Owner who is assigned to the Project site or any part thereof.

2.20 “Shop Drawings” means all drawings, diagrams, illustrations, brochures,
schedules and other data which are prepared by the Contractor, a Subcontractor,
manufacturer, supplier or distributor, which illustrates how specific portions of the Work
shall be fabricated or installed.

2.21 “Special conditions” means revisions or additions to these general conditions,
Supplemental General Conditions or specifications applicable to an individual project.

2.22 “Specifications” means a part of the contract documents consisting of written
descriptions of a technical nature of materials, equipment, construction systems,
standards and workmanship.

2.23 “Subcontractor” means an individual, firm or corporation having a direct contract
with the Contractor or with any other Subcontractor for the performance of a part of the
Work at the site.

2.24 “Substantial Completion” means that date as certified by the Engineer when the
construction of the Project or a specified part thereof is sufficiently completed, in

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Finance Committee - Agenda - 11/15/2017 - P213

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