14. The Contractor shall be responsible for cutting, fitting or patching required to complete the
Work or to make its parts fit together properly.
15. The Contractor shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
16. Contractor warrants and guarantees to Owner, for 1(one) year, upon completion of work,
that all Work will be in accordance with the Contract Documents and will not be defective.
Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
- Abuse, modification, or improper maintenance or operation by persons other than
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom
Contractor is responsible; or
- Normal wear and tear under normal usage,
ARTICLE 8 ~- CHANGES IN THE WORK
1.
After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. The Owner, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.
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 City of Nashua
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 10 - PAYMENTS AND COMPLETION
L.
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.
At least ten days before the date established for each progress payment, 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 Coniractor’s right to payment as the Owner may reasonably require.
AG-6