Agenda

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 — PERIOD OF PERFORMANCE

The 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. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the

City of Nashua.
ARTICLE 3 —- CONTRACT SUM

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: William Davis Excavation, LLC

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

PO Box 758

Hampton, NH 03843

For the following Project: | Temple Street Guardrail Installation

ARTICLE 1 — THE CONTRACT DOCUMENTS

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 8, 2018

Stephen Dookran, P.E., City Engineer
Engineering Department

Temple St Guardrail

To approve the contract for an amount not to exceed $120,000 to William P.
Davis Excavation, LLC for the installation of guardrail on Temple Street.
Funding will be through Department: 160 Engineering; Fund: Grant; Activity:
Highway Block Grant.

THE CITY OF NASHUA “The Gate City

Financtal Services

Purchasing Department

February 15, 2018
Memo #18-093

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: TEMPLE ST. GUARDRAIL (VALUE: NOT-TO-EXCEED $120,000)
DEPARTMENT: 160 ENGINEERING; FUND: GRANT
ACTIVITY: HIGHWAY BLOCK GRANT

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated February 15,
2018 for information related to this purchase.

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) S.W. Cole Engineering, Inc. (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

Page 12 of 12

GENERAL PROVISIONS FOR TERMINATION

TERMINATION FOR CAUSE

ARTICLE 14 — PROHIBITED INTERESTS

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 11— RETAINAGE