In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals
ARTICLE 2 ~ PERIOD OF PERFORMANCE
CONTRACTOR shall perform and complete all work within the time periods set forth and may
only be altered by the parties by a written agreement to extend the period of performance or by
termination in accordance with the terms of the contract. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua. Substantial completion of all work is required by Tuesday, February 28, 2017.
ARTICLE 3 —- CONTRACT SUM
Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR,
in accordance with the Contract | Documents, the Contract Sum of:
$ 412,357 plus $ 2,696 for alternate #3 “Upgrade column surrounds”, and $ 25,530 for alternate
#4 “New ADS Bath 04” for a total of $440,583. Alternate #1 “Slab moisture mitigation” will be
added as a change order in the amount not to exceed $28,330 if it is deemed necessary after
moisture testing is completed.
The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.
ARTICLE 4— INSURANCE AND INDEMNIFICATION
CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:
> General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
ageregate;
» Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.
> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$ 100,000.
CONTRACTOR and subcontractors at every tier will fully comply with NH RSA Chapter
281-A, “Workers’ Compensation”.
The parties agree that CONTRACTOR shall have the status of and shall perform all work under
this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub
consultants, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:
1. Withholding of income taxes by the OWNER:
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