City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Attn: Division of Public Works
2. Beginning with the second Application for Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress payments received on account of the Work have been
applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications
for Payment.
or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if
CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven
days written notice to CONTRACTOR, correct and remedy any such deficiency.
F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in response to such notice.
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by
the party making the claim to the ENGINEER and the other party to the Contract in accordance with the
provisions of paragraph 10.05.
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an
adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the
ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price
will be determined as follows:
3. Any part of CONTRACTOR's capital expense, including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for delinquent payments.
4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any
damage to property.
1. If ordered to use equipment not listed in the aforementioned publications, the Engineer will
establish a rental rate for such equipment. CONTRACTOR shall furnish cost data that might
assist in the establishment of such rental rate.
ii. Payment will be made for the actual time that such equipment is in operation on the work.
ui. Authorized standby time for idle equipment shall be paid at 50% of the specified rate, less the
estimated operating cost per hour. No markup will be added for overhead and profit.
2. Cost of all materials and equipment fumished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which
to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates
and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and
