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 11— RETAINAGE
1. The OWNER will retain a portion of the progress payment, each month, in accordance with
the following procedures:
ARTICLE 10 —- PAYMENTS AND COMPLETION
I.
10.
11.
The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the GWNER to the CONTRACTOR for performance of the Work
under the Contract Documents.
13.
14.
15.
16.
The CONTRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits, the Contract Documents and the OWNER.
The CONTRACTOR shall be responsible for cutting, fitting or patching required
completing the Work or to make its parts fit together properly.
The CONTRACTOR shall keep the premises and surrounding area free from
accumulation of debris and trash related to the Work.
CONTRACTOR warrants and guarantees to OWNER, for___ years, upon completion of
ARTICLE 7— CONTRACTOR
1,
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 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.
1. Withholding of income taxes by the OWNER:
2. Industrial insurance coverage provided by the OWNER;
3. Participation in group insurance plans which may be available to employees of the
OWNER;
4. Participation or contributions by either the independent CONTRACTOR or the OWNER
to the public employee’s retirement system;
5. Accumulation of vacation leave or sick leave provided by the OWNER;
6. Unemployment compensation coverage provided by the OWNER.
ARTICLE 2 — DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
DATE
The date of commencement shall be the date of the Notice to Proceed. Completion time for the
project will be calculated, in calendar days, from the date of the issuance of the “Notice to
Proceed”, as follows:
90 calendar days _ for substantial completion
120 calendar days for contract completion
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: Electric Light Company
1 Morgan Way
Cape Neddick, ME 03902
and its successors, transferees and assignees
(together “CONTRACTOR’”)
For the following Project: | Traffic Signal Improvements
Daniel Webster Highway @ Graham Drive
RFP0851-120116
ARTICLE 1 - THE CONTRACT DOCUMENTS
To:
From:
Re:
B. Motion:
Discussion:
City of Nashua, Public Works Division
Board of Public Works Meeting Date: January 26, 2017
Wayne R. Husband, P.E.
Senior Traffic Engineer
Traffic Signal improvements at the intersection of Graham Drive and Daniel Webster
Highway
S\ THE CITY OF NASHUA The Gate Cig"
Financtal Services
Purchasing Department
January 26, 2017
Memo #17-092
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: TRAFFIC SIGNAL IMPROVEMENTS — DANIEL WEBSTER AT GRAHAM DRIVE
(VALUE: $55,100)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: TRUST
Please see attached communication from Wayne Husband, P.E., Senior Traffic Engineer dated January
26, 2017 for the information related to this purchase.
