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In the event Contractor (or any of its officers, partners, principals, or employees acting with its authority) is convicted of
a crime involving a public official arising out or in connection with the procurement of work to be done or payments to be
made under this contract, City may terminate the contract at will or for cause in accordance with paragraph 9. Upon
termination, Contractor shall refund to the City any profits realized under this contract, and Contractor shall be liable to
the City for any costs incurred by the City in completing the work described in this contract. At the discretion of the City,
these sanctions shall also be applicable to any such conviction obtained after the expiration or completion of the
contract.

Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered or given by
Contractor to any officer or employee of the City with a view toward securing a contract or securing favorable treatment
with respect to the awarding or amending or making of any determinations with respect to the performance of this
contract. If City determines that such gratuities were or offered or given, it may terminate the contract at will or for
cause in accordance with Article 15.02.

The rights and remedies of this section shall in no way be considered for be construed as a waiver of any other rights or
remedies available to the City under this contract or at law.

GC - 53 of 53

DIVISION 7
SUPPLEMENTARY CONDITION

SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.

ARTICLE 2 — PRELIMINARY MATTERS

SC-2.06B Subcontractor’s Pre-Construction Meetings

Each Individual Subcontractor will be required to attend a Pre-Construction Meeting to
discuss technical, safety, schedule and other issues. Each meeting shall be attended by
the Subcontractor’s responsible person in charge for the work and by the contractor’s

superintendent.

SC -1 of 1

LIST OF EXHIBITS

Notice of Award

Notice to Proceed

Change Order

Certificate of Substantial Completion
Certificate of Final Completion
Consent of Surety for Final Payment

mmo OW >

DIVISION 8
EXHIBITS

NOTICE OF AWARD

DATED:

TO:

(Bidder)
ADDRESS:
OWNER’S CONTRACT NO. :
PROJECT:

(Insert name of Contract as it appears in the Bidding Document)
You are notified that your Bid dated for the above Contract has been considered. You are

the apparent Successful Bidder and have been awarded a contract for

as advertised plus
addendums.
(Indicate total Work, alternatives or sections or Work awarded)

The Contract Price of your contract is
($ )
The proposed Agreement that the OWNER expects to execute, accompanies this Notice of Award.

1. You must deliver to the OWNER __3__ fully executed counterparts of the proposed Agreement that the
OWNER expects to execute

2. You must deliver to the OWNER the Contract Security (Bonds), as specified in the General Conditions
(paragraph 5.01), and Certificate of Liability Insurance, as specified in General Conditions (paragraph
5.04),

3. (List other conditions precedents).

Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in
default, to annul this Notice of Award and to declare your Bid Security forfeited.

(FOR THE CITY OF NASHUA)

(TITLE)

Notice of Award

NOTICE TO PROCEED

DATED:

TO:

(Contractor)

ADDRESS:

OWNER’S CONTRACT NO.

PROJECT:

(Insert name of Contract as it appears in the Bidding Document)

You are notified that the Contract Times under the above contract will commence to run on
20 . By that date, you are to start performing your obligations under the
Contract Documents. In accordance with Article 4 of the Agreement, the dates of Substantial
Completion and Final Completion are and
respectively.

Also before you may start any Work at the site you must:

(Add other requirements)

By

(For the City of Nashua)

(Title)

lof l
Notice to Proceed

CHANGE ORDER

PROJECT:

OWNER’S CONTRACT NO:

EXECUTED CONTRACT DATE:

DATE OF ISSUANCE:

EFFECTIVE DATE:

OWNER:

OWNER’s Purchase Order NO.:

City of Nashua, NH

Upon City Approval

CONTRACTOR:

ENGINEER:

DPW Engineering

You are directed to make the following changes in the Contract Documents:

Description:

Justification:

Change Order #

1 of 2

Summary

CHANGE IN CONTRACT PRICE:

Onginal Contract Price

$

CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion:
Ready for final payment:

Net changes from previous Change Orders

$

Net change from previous Change Orders

Contract Price prior to this Change Order

$

Contract Times prior to this Change Order

Substantial completion:
Ready for final payment:

Net Increase (deerease)

of this Change Order

$

Net Increase (decrease) of this Change Order

Contract Price with all approved Change Orders

Contract Times with all approved Change Orders

$ Substantial completion:
Ready for final payment:
RECOMMENDED: ACCEPTED: APPROVED:
By: By: By:
DPW Engineering Name Mayor Jim Donchess
Engineer Contractor Owner
(Authorized Signature) (Authorized Signature) (Authorized Signature)

Date: Date: Date:

Change Order #

2 of 2

CERTIFICATE OF SUBSTANTIAL COMPLETION

PROJECT:

OWNER’S CONTRACT NO:

DATE OF ISSUANCE:
OWNER: City of Nashua, NH

OWNER’s Purchase Order NO.:

CONTRACTOR:

ENGINEER: DPW Engineering

This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:

TO City of Nashua
(OWNER)
And To
(CONTRACTOR)

The Work to which this Certificate applies has been inspected by authorized representative of OWNER,
CONTRACTOR, and ENGINEER, and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents on

(DATE OF SUBSTANTIAL COMPLETION)

A Tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within days of the above date of Substantial Completion.

From the date of Substantial Completion the responsibilities between OWNER and CONTRACTOR for
security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as
follows:

1 of 2
Certificate of Substantial Completion

> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.

Professional Engineer shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as to
types and limits to be maintained by Professional Engineer are intended to and shall not in
any manner limit or qualify the liabilities and obligations assumed by Professional Engineer
under this contract. The City of Nashua shall not maintain any insurance on behalf of
Professional Engineer. Subcontractors are subject to the same insurance requirements as
Professional Engineer and it shall be the Professional Engineer’s responsibility to ensure
compliance of this requirement.

Professional Engineer will provide the City of Nashua with certificates of insurance for
coverage as listed below and endorsements affecting coverage required by the contract
within ten calendar days after the City of Nashua issues the notice of award. The City of
Nashua requires thirty days written notice of cancellation or material change in coverage.
The certificates and endorsements for each insurance policy must be signed by a person
authorized by the insurer and who is licensed by the State of New Hampshire. General
Liability and Auto Liability policies must name the City of Nashua as an additional insured and
reflect on the certificate of insurance. Professional Engineer is responsible for filing updated
certificates of insurance with the City of Nashua's Risk Management Department during the
life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s)
of insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Professional Engineer must maintain umbrella liability insurance
of at least $1,000,000. All aggregates must be fully disclosed on the required
certificate of insurance.

> The specified insurance requirements do not relieve Professional Engineer of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Professional Engineer is encouraged to purchase such additional
insurance, as it deems necessary.

> The insurance provided herein is primary, and no insurance held or owned by the
City of Nashua shall be called upon to contribute to a loss.

> — Professional Engineer is responsible for and required to remedy all damage or loss to
any property, including property of the City of Nashua, caused in whole or part by

Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.

12. Indemnification. Regardless of any coverage provided by any insurance, Professional
Engineer agrees to indemnify and hold harmless the City of Nashua, its agents, officials,
employees and authorized representatives and their employees from and against any and
all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands,
damages, liabilities, interest, attorney’s fees, costs and expenses of any kind or nature in any
manner caused, occasioned, or contributed to in whole or in part by reason of any negligent
act, omission, or fault or willful misconduct, whether active or passive, of Professional

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