Finance Committee

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

10.

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,

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:

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 1 (one) year, upon completion

ARTICLE 7—- CONTRACTOR

1. 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.

2. 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)

ARTIC

1.

General Terms and Conditions

LE 5— GENERAL PROVISIONS

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 — 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. 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: Thibeault Corporation of NE

603 Mammoth Road

Londonderry, NH 03053

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

For the following Project: MARSHALL STREET DRAINAGE IMPROVEMENTS

ARTICLE 1— THE CONTRACT DOCUMENTS

To:

From:

Re:

G. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: May 31, 2018

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

Marshall St Drainage Improvements

To approve a contract with Thibeault Corp. of Manchester, NH for the amount not to
exceed $35,000 for drainage improvements on Marshall St. Funding will be through
Department: 169 Wastewater; Fund: Wastewater; Activity: CSO Flooding.

B\ THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

May 31, 2018
Memo #18-162

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | MARSHALL STREET DRAINAGE IMPROVEMENTS (VALUE: NOT-TO-EXCEED
$35,000)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated May 31, 2018
for information related to this purchase.
The City Engineer, Board of Public Works (May 31, 2018 meeting) and the Purchasing Department