Finance Committee

City of Nashua (signature)

James Donchess, Mayor
{Printed Name and Title)

Date

Contractor (signature)

(Printed Name and Title)

Date

AG-10

ARTICLE 15 - TERMINATION OF THE CONTRACT

1.

If the Owner fails to make payment when due or substantially breaches any other

obligation of this Contract, following fifteen days’ written notice to the Owner, the

Contractor may terminate the Contract and recover from the Owner payment for work

executed.

The Owner may terminate the contract‘for cause if the Contractor:

» persistently or repeatedly refuses or fails to supply enough properly skilled workers:

into the account by the OWNER. The principal will be held by the bank, available
only to the OWNER, until termination of the contract.

b. Until the work is 50% complete, as determined by the ENGINEER, retainage shall
be 10% of the monthly payments claimed. The computed amount of retainage will

be deposited in the escrow account established above.
After the work is 50% complete, and provided the CONTRACTOR has satisfied the

3. 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:

To facilitate the proper and timely payment of applications, the City of Nashua
requires that all applications contain a valid PURCHASE ORDER NUMBER.

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:

ARTICLE 7— CONTRACTOR

ted

11.

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.

Lao

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.

Contractor will provide the City of Nashua with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days after
the City issues the notice of award. The City of Nashua requires thirty days written notice of
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

ARTICLE 3 - CONTRACT SUM

Subject to additions and deductions by Change Order, the Owner shall pay Contractor, in
accordance with the Contract Documents, the Contract Sum of:

(S )
The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

ARTICLE 4 — INSURANCE AND INDEMNIFICATION

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

And the Contractor:

For the following Project:

ARTICLE 1 —- THE CONTRACT DOCUMENTS

The Contractor shall complete the work described in the Contract Documents for this project. The
documents consist of:

I.

Dn Rw

7.

This Agreement signed by the Owner and Contractor, including the General Terms and

Conditions;