Upon receipt of notice of termination for cause, CONTRACTOR shall:
—
Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the OWNER with a list of all unperformed services.
Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.
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 OWNER. If OWNER determines that a
ARTICLE 11— RETAINAGE
1. The OWNER will retain a portion of the progress payment, each month, in accordance with
the following procedures:
a. The OWNER will establish an escrow account in the bank of the OWNER’s
choosing. The account will be established such that interest on the principal will be
paid to the CONTRACTOR. The principal will be the accumulated retainage paid
into the account by the OWNER. The principal will be held by the bank, available
only to the OWNER, until termination of the contract.
10.
Il.
12.
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: William Keating
13.
15.
16.
The CONTRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits, the Contract Documents and the OWNER.
. The CONTRACTOR shall be responsible for cutting, fitting or patching required
completing the Work or to make its parts fit together properly.
The CONTRACTOR shall keep the premises and surrounding area free from
accumulation of debris and trash related to the Work.
CONTRACTOR warrants and guarantees to OWNER, for ___ years, upon completion of
ARTICLE 7— CONTRACTOR
12,
Execution of the Contract by the CONTRACTOR is a representation that the
CONTRACTOR has visited the site, become familiar with local conditions under which
the Work is to be performed and correlated personal! observations with requirements of the
Contract Documents.
General Terms and Conditions
ARTICLE 5 - GENERAL PROVISIONS
1
The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.
The term “Work” means the construction and services required by the Contract Documents,
and include all other labor, materials, equipment and services provided by the
CONTRACTOR to fulfill the CONTRACTOR’s obligations.
4. Participation or contributions by either the independent CONTRACTOR or the OWNER
to the public employee’s retirement system;
Accumulation of vacation leave or sick leave provided by the OWNER;
Unemployment compensation coverage provided by the OWNER.
VA
ARTICLE 2 — DATE OF COMMENCEMENT AND WORK PERFORMANCE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
This agreement is made:
BETWEEN the OWNER: City of Nashua, New Hampshire
229 Main Street
Nashua, NH 03060-2019
And the CONTRACTOR: William P. Davis, Excavation LLC
and its successors, transferees and assignees
(together “CONTRACTOR”)
PO Box 758
Hampton, NH 03843
For the following Project: |_RFP1087-120916
Upgrade of Sewer System Siphon Covers
ARTICLE 1 —- THE CONTRACT DOCUMENTS
