Finance Committee

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 all or that part of the project and contract.

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

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

NV

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 right
to payment as the OWNER may reasonably require.

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

ARTICLE 8 - CONTRACTOR

1.

i)

10.

11.

13.

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

L.

NO

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 OWNER with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days after
the OWNER issues the notice of award. The OWNER 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 New
Hampshire. General Liability and Auto Liability policies must name the OWNER as an

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.

ARTICLE 3 —- PERIOD OF PERFORMANCE

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: NorthPoint Construction Management

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

22 Hampshire Drive

Hudson, NH 03061

For the following Project: RFP0365-042619 — 14 Court Street Fire Suppression

ARTICLE 1 - THE CONTRACT DOCUMENTS

s Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

. soe Building Safe 589-3080
Community Development Division Code Enforcenent 589-3100
City Hall, 229 Main Street, PO Box 2019 Can FrOGTaMS mission SeSands
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: October 28, 2019
To: Jim Donchess, Mayor
From: Sarah Marchant, Community Development Director

Re: Finance Committee — 14 Court Street Fire Suppression