Agenda

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

ARTICLE 11 —- PAYMENTS AND COMPLETION

1.

10.

The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work
under the Contract Documents.

12,

13.

14,

15.

16.

The CONTRACTOR shall promptly review, approve in writing and submit Shop

Drawings, Product Data, Samples and similar submittals required by the Contract

Documents. Shop Drawings, Product Data, Samples and similar submittals are not

Contract Documents.

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

ARTICLE 7 - CONTRACTOR

1.

10.

11.

Execution of the Contract by the CONYRACTOR 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’ obligations.

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 which is expected to be

Monday, July 18, 2016. Substantial Completion shall be October 15, 2016. Substantial
completion is defined as when all work is completed in the street. Final completion shall be
November 15, 2016. Final completion is defined as when all deliverables have been submitted and
deliverables are acceptable to the City.

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: Ted Barry Company, Inc.

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

For the following Project: Sewer and Drain Pipe and Structure Inspection

(IFB0844-060916)

ARTICLE 1 - THE CONTRACT DOCUMENTS

To:

From:

Re:

G. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 23, 2016

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

Paving Program
Sewer and Drain Pipe and Structure Inspection

To approve the contract for Sewer and Drain Pipe and Structure Inspection to Ted
Berry Company, Inc. of Livermore, ME in the amount of $113,423. Funding will
be through: Department 169 Wastewater; Fund: Wastewater; Activity: Sewer
Rehab.

THE CITY OF NASHUA The Gate City’

Financial Services

Purchasing Department

June 30, 2016
Memo #17-005

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: SEWER AND DRAIN PIPE AND STRUCTURE INSPECTION (VALUE: $113,423)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
ACTIVITY DESCRIPTION: SEWER REHAB

Please see the attacned communication from Stephen Dookran, P.E., City Engineer dated June 23, 2016
for the information related to this purchase.