IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.
City of Nashua, NH (signature) Fimbel Paunet dba Fimbel Garage Doors
CONTRACTOR (signature)
James W. Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)
Date Date
Page 12 of 12
GENERAL PROVISIONS FOR TERMINATION
accordance with the contract prior to the date of the notice and compensation for work thereafter
completed as specified in the notice. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work.
TERMINATION FOR CAUSE
2. In addition to the CONTRACTOR’s other obligations including warranties under the Contract,
the CONTRACTOR shall, for a period of one year after Substantial Completion, correct work
not conforming to the requirements of the Contract Documents.
3. If the 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 15 — PROHIBITED INTERESTS
10. When the Work or designated portion thereof is substantially complete, the CONTRACTOR
and OWNER shall establish responsibilities for completion and shall fix the time within which
the CONTRACTOR shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial Completion
of the Work or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion.
ARTICLE 11 — PAYMENTS AND COMPLETION
1. 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.
2. 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.
13. The CONTRACTOR shall confine operations at the site to areas permitted by law, ordinances,
permits, the Contract Documents and the OWNER.
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.
ARTICLE 8 — CONTRACTOR
10.
11.
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 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.
2. 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.
subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER employee and that there
shall be no:
PWNP
Withholding of income taxes by the OWNER:
Industrial insurance coverage provided by the OWNER;
Participation in group insurance plans which may be available to employees of the OWNER;
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;
