STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the day of in the year 2019 by and between the
City of Nashua, New Hampshire (hereinafter called OWNER) and Charter Contracting Company, LLC and its
successors, transferees and assignees together hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
The scheduled work includes but is not limited to, site preparation, landfill liner base grade preparation,
lastic liner system, installing leachate collectionand
removal piping, pumps and appurtenances, and constructing storm water control infrastructure.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by: Sanborn, Head & Associates
20 Foundry Street
Concord, NH 03301
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection
with completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed within 150 calendar days of issuance of the “Notice to
Proceed”. Substantial completion is defined in paragraph 1.01.43 of the General Conditions. The Contract Times
commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment,
in accordance with paragraph 14.07 of the General Conditions, within 180 calendar days of issuance of the “Notice to
Proceed”.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus
any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the
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