A Change Order shall be a written order to the CONTRACTOR signed by the OWNER to change
the Work, Contract Sum or Contract Time.
Change Order requests must include material and equipment cost plus labor with a profit margin of
no more than 10%. Change Orders may require approval by the OWNER Board of Public Works
and the OWNER Finance Committee vote prior to proceeding.
The OWNER will have authority to order minor changes in the Work not involving changes in the
Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents,
Such changes shall be written orders and shall be binding on the OWNER and CONTRACTOR.
The CONTRACTOR shall carry out such written orders promptly.
If concealed or unknown physical conditions are encountered at the site that differ materially from
those indicated in the Contract Documents or from those conditions ordinarily found to exist, the
Contract Sum and Contract Time shall be subject to equitable adjustment following authorization of
the OWNER to the charges.
ARTICLE 9~ TIME
1,
2.
Time limits stated in the Contract Documents are of the essence to the Contract.
If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered in the
Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes
beyond the CONTRACTOR’s control, the Contract Time shall be extended by Change Order for
such reasonable time as may be determined.
ARTICLE 11 —- PAYMENTS AND COMPLETION
I,
The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount
payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract
Documents. ioe ie
Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application for
Payment for operations completed: in accordance with the values stated in the Agreement. Such
application shall be supported by such data substantiating the CONTRACTOR’s right to payment
as the OWNER may reasonably require. ° -
Application for Payment performed under this agreement shall be submitted directly to:
City of Nashua
Accounts:Payable.
PO Box 2019
Nashua, NH 03061-2019
Attn:
To facilitate the proper and timely payment of applications, the OWNER requires that all
applications contain'a valid PURCHASE ORDER NUMBER.
The CONTRACTOR warrants that title to all Work covered by an Application for Payment will
pass to the OWNER no later than the time of payment. The CONTRACTOR further warrants that
upon submittal of an Application for Payment, all Work for which Certificates for Payment have
been previously issued and payments received from the OWNER shall, to the best of the
CONTRACTOR’s knowledge, information and belief, be free and clear of liens, claims, security
interests or other encumbrances adverse to the OWNER’s interests.
OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on the
basis of CONTRACTORs Application for Payment, within 30 days of approval by the OWNER.
The CONTRACTOR shail promptly pay each SUBCONTRACTOR and material supplier out of
the amount paid to the CONTRACTOR on account of such entities’ portion of the Work,
The OWNER shall have no responsibility for the payment of money to a SUBCONTRACTOR or
material supplier.
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