Agenda

ARTICLE li- RETAINAGE

1. The OWNER will retain a portion of the progress payment, each month, in accordance with the
following procedures:

a. The OWNER will establish an escrow account in the bank of the OWNER’s
choosing. The account will be established such that interest on the principal will be
paid to the CONTRACTOR. The principal will be the accumulated retainage paid
into the account by the OWNER. The principal will be held by the bank, available
only to the OWNER, until termination of the contract.

10.

11.

12.

Application for Payment performed under this agreement shall be submitted as follows:

>» Electronically via email to VendorAPInvoices@NashuaNH.gov

OR
» Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

defective. CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage

caused by:

> Abuse, modification, or improper maintenance or operation by persons other than
CONTRACTOR, subcontractors, suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or

> Normal wear and tear under normal usage.

ARTICLE 8 — CHANGES IN THE WORK

L,

10.

11.

12.

13.

14.

15.

16.

The CONTRACTOR shall carefully study and compare the Contract Documents with each
other and with information furnished by the OWNER. Before commencing activities, the
CONTRACTOR shall: (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the CONTRACTOR with the Contract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the
OWNER.

limit or qualify the liabilities and obligations assumed CONTRACTOR under this
contract. OWNER shall not maintain any insurance on behalf of CONTRACTOR.
Subcontractors are subject to the same insurance requirements as CONTRACTOR and it shall
be CONTRACTOR’s responsibility to ensure compliance of this requirement.

ARTICLE 2 — PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work within the time periods set forth and may only
be altered by the parties by a written agreement to extend the period of performance or by termination
in accordance with the terms of the contract.

The date of commencement shall be the date of the “Notice to Proceed”. Completion time for the
project will be calculated as calendar days from the date specified in the “Notice to Proceed”, as
follows:

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: Paxor Construction, LLC
PO Box 1401
Merrimack, NH 03054
and its successors, transferees and assignees
(together “CONTRACTOR”)

For the following Project: WWTF Door Upgrades Project
IFB0331-091218

ARTICLE i —- THE CONTRACT DOCUMENTS

To:

From:

Re:

D Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: September 20, 2018

David L. Boucher, Superintendent
Wastewater Department

Door Upgrades Project

THE CITY OF NASHUA “the Cate City"

Financial Services

Purchasing Department

September 27, 2018
Memo #19-068

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: WWTF DOOR UPGRADES PROJECT (VALUE: $136,155)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated September 20, 2018 for the information related to this contract.

Revised BID SUMMARY SHEET ~ Addendum 2