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Finance Committee - Agenda - 2/5/2020 - P27

By dnadmin on Mon, 11/07/2022 - 13:33
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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. If the 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 ail or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, CONTRACTOR shall:

Finance Committee - Agenda - 2/5/2020 - P26

By dnadmin on Mon, 11/07/2022 - 13:33
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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 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 12 - PROTECTION OF PERSONS AND PROPERTY

Finance Committee - Agenda - 2/5/2020 - P25

By dnadmin on Mon, 11/07/2022 - 13:33
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10.

. 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.

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 nght
to payment as the OWNER may reasonably require.

Finance Committee - Agenda - 2/5/2020 - P24

By dnadmin on Mon, 11/07/2022 - 13:33
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14. The CONTRACTOR shall be responsible for cutting, fitting or patching required

completing 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. Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for

Finance Committee - Agenda - 2/5/2020 - P23

By dnadmin on Mon, 11/07/2022 - 13:33
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ARTICLE 8 - CONTRACTOR

1. 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.

Finance Committee - Agenda - 2/5/2020 - P22

By dnadmin on Mon, 11/07/2022 - 13:33
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General Terms and Conditions

ARTICLE 6—- 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.

Finance Committee - Agenda - 2/5/2020 - P21

By dnadmin on Mon, 11/07/2022 - 13:33
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cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of New
Hampshire. General Liability and Auto Liability policies must name the OWNER as an
additional insured and reflect on the certificate of insurance. CONTRACTOR is responsible for
filing updated certificates of insurance with the OWNER's Risk Management Department during
the life of the contract.

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Finance Committee - Agenda - 2/5/2020 - P20

By dnadmin on Mon, 11/07/2022 - 13:33
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ARTICLE 3 — PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work by_May 15, 2020 which date shall only be
altered by mutually approved written agreement to extend the period of performance or by
termination in accordance with the terms of the contract. CONTRACTOR shall begin performance
upon receipt of an Executed Contract and a valid Purchase Order issued from the City of Nashua.

ARTICLE 4 — CONTRACT SUM

Finance Committee - Agenda - 2/5/2020 - P19

By dnadmin on Mon, 11/07/2022 - 13:33
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ARTICLE 2 - WORK TO BE PERFORMED

Except as otherwise provided in this contract, CONTRACTOR shall furnish all services,
equipment, and materials and shall perform all operations necessary and required to carry out and
perform in accordance with the terms and conditions of the contract the work described.

DESCRIPTION OF WORK:
Material and labor to include the following tasks:

All disposal fees will be no charge at the Nashua Landfill

Roof

e Strip and dispose of existing roof layers

Finance Committee - Agenda - 2/5/2020 - P18

By dnadmin on Mon, 11/07/2022 - 13:33
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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: Forcier Contracting & Building Services, Inc.

24 Merrimack Street

Nashua, NH 03064

and its successors, transferees and assignees
(together “CONTRACTOR”)

For the following Project: | Crown Hill Pool Building Upgrades

IFB0643-091319

ARTICLE 1 — THE CONTRACT DOCUMENTS

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