4/4/2016 www.wdol.govivdol/scafiles/davisbacor/NH12.dvb?v=3 EXHIBIT A
General Decision Number: NH16@@12 04/01/2016 NH12
Superseded General Decision Number: NH2@15@012
State: New Hampshire
Construction Type: Building
County: Hillsborough County in New Hampshire.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
If after termination for the failure of Contractor to adhere to any of the terms and conditions of the contract
or for failure to satisfactorily, in the sole opinion of the Owner, to complete or make sufficient progress on
the work in a timely and professional manner, it is determined that Contractor had not so failed, the
termination shall be deemed to have been a termination at will. In that event, the Owner shall, if necessary,
make an adjustment in the compensation paid to Contractor such that Contractor receives total
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:
a. Immediately discontinue work on the date and to the extent specified 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
9. 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.
4.
The Owner will have authority to order minor changes in the Work not involving changes in the
Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents.
Such changes shall be written orders and shall be binding on the Owner and Contractor. The
Contractor shall carry out such written orders promptly.
10.
11,
12.
13.
14.
15.
16.
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 portions of the Work.
The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the
Owner the names of subcontractors or suppliers for each portion of the Work. The Owner will
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.
> If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage,
Contractor must maintain umbrella liability insurance of at least $1,000,000. All aggregates must
be fully disclosed on the required certificate of insurance.
> The specified insurance requirements do not relieve Contractor of its responsibilities or limit the
amount of its liability to the City or other persons, and Contractor is encouraged to purchase such
additional insurance, as it deems necessary.
ARTICLE 2 — DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE
The date of commencement shall be the date of the Notice to Proceed. Substantial Completion shall be
ARTICLE 3 — CONTRACT SUM
Subject to additions and deductions by Change Order, the Owner shall pay Contractor, in accordance with
the Contract Documents, the Contract Sum of:
($ }
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 03060-2019
And the Contractor:
For the following Project:
ARTICLE 1 — THE CONTRACT DOCUMENTS
The Contractor shall complete the work described in the Conti :t Documents for this project. The
documents consist of:
