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  2. Finance Committee - Agenda - 5/18/2016 - P17

Finance Committee - Agenda - 5/18/2016 - P17

By dnadmin on Mon, 11/07/2022 - 09:53
Document Date
Wed, 05/18/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/18/2016 - 00:00
Page Number
17
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051820…

10. When the Work or designated portion thereof is substantially complete, the Contractor and Owner
shall establish responsibilities for completion and shall fix the time within which the Contractor
shall finish all items on the list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or designated
portion thereof unless otherwise provided in the Certificate of Substantial Completion.

11. Upon receipt of a final Application for Payment, the Owner will inspect the Work. When he finds
the Work acceptable and the Contract fully performed, the Owner will promptly issue a final
Certificate for Payment.

12. Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute
a waiver of claims by that payee except those previously made in writing and identified by that
payee as unsettled at the time of final Application for Payment.

ARTICLE 11— PROTECTION OF PERSONS AND PROPERTY

1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs, including all those required by law in connection with performance of the Contract.
The Contractor shall promptly remedy damage and loss to property caused in whole or in part by
the Contractor, or by anyone for whose acts the Contractor may be liable.

ARTICLE 12 —- CORRECTION OF WORK

1. The Contractor shall promptly correct Work rejected by the Owner as failing to conform to the
requirements of the Contract Documents. The Contractor shall bear the cost of correcting such
rejected work

2. In addition to the Contractor’s other obligations including warranties under the Contract, the
Contractor shall, for a period of one year after Substantial Completion, correct work not
conforming to the requirements of the Contract Documents.

3. Lf the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may
correct it and the Contractor shall reimburse the Owner for the cost of the correction.

ARTICLE 13 — PROHIBITED INTERESTS

Contractor shall not allow any officer or employee of the City to have any indirect or direct interest in this
contract or the proceeds of this contract. Contractor warrants that no officer or employee of the City has
any direct or indirect interest, whether contractual, non-contractual, financial or otherwise, in this contract
or in the business of the Contractor. Contractor also warrants that it presently has no interest and that it will
not acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this contract. Contractor further warrants that no
person having such an interest shall be employed in the performance of this contract. If any such interest
comes to the attention of Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City. If City determines that a conflict exists and was not disclosed to
the City, it may terminate the contract at will or for cause.

ARTICLE 14 —- TERMINATION OF THE CONTRACT

1. Termination, Abandonment, Or Suspension At Will. The Owner, in its sole discretion, shall
have the right to terminate, abandon, or suspend all or part of the project and contract at will. Ifthe
Owner chooses to terminate, abandon, or suspend all or part of the project, it shall provide
Contractor 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Contractor shall:
a. Immediately discontinue work on the date and to the extent specified in the notice.

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Finance Committee - Agenda - 5/18/2016 - P17

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