dispute be submitted to the Board of Public Works for resolution. If the parties are dissatisfied with the
decision of the Board of Public Works, the parties’ reserve the right to pursue any available legal and/or
equitable remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.
ARTICLE 17—- CHOICE OF LAW AND VENUE
for 45 days after the date of approval by the CWNER of any Application for Payment.
Upon receipt of notice of termination for cause, CONTRACTOR shall:
a. Immediately discontinue work on the date and to the extent spccificd in the notice.
b. Provide the OWNER with a list of all unperformed services.
c. 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.
3. Ifthe CONTRACTOR fails to correct nonconforming Work within a reasonable time, the OWNER
may correct it and the CONTRACTOR shall reimburse the OWNER for the cost of the correction.
ARTICLE 14 — PROHIBITED INTERESTS
8.
10.
11.
12.
An Application for Payment, a progress payment, or partial or entire use or occupancy of the
project by the OWNER shall not constitute acceptance of Work not in accordance with the
requirements of the Contract Documents.
Substantial completion is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so the OWNER
can occupy or utilize the Work for its intended use.
A Change Order shall be a written order to the CONTRACTOR signed by the OWNER to change
the Work, Contract Sum or Contract Time.
Change Order requests must include material and equipment cost plus labor with a profit margin of
no more than 10%, Change Orders may require approval by the OWNER Board of Public Works
and the OWNER Finance Committee vote prior to proceeding.
10,
11,
12.
13.
14.
15.
16.
Within ten (10) days of notification of award, and prior to commencement of work, the
CONTRACTOR shall obtain and forward to OWNER a Performance Bond and a Payment Bond
representing 100% of the contract work
The CONTRACTOR shall supervise and direct the Work, using the CONTRACTOR’s best skill
and attention. The CONTRACTOR shall be solely responsible for and have control over
construction means, methods, techniques, sequences and procedures, and for coordinating. all
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.
> The specified insurance requirements do not relieve CONTRACTOR of its responsibilities or limit
the amount of its liability to the OWNER or other persons, and CONTRACTOR is encouraged to
purchase such additional insurance, as it deems necessary.
> The insurance provided herein is primary, and no insurance held or owned by the OWNER shall be
called upon to contribute to a loss.
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:
Thirty nine thousand, four hundred and forty four {$39.444)
The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work.
ARTICLE 4 — INSURANCE AND INDEMNIFICATION
CONTRACTOR shall carry and maintain in effect during the performance of services under this contract:
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: Wesfield Construction Co., Inc.
5 Lyman Way
PO Box 129
West Chesterfield, NH 03466
and its successors, transferees and assignees (together “CONTRACTOR”)
For the following Project: Library Brick Repointing
ARTICLE 1 - THE CONTRACT DOCUMENTS
