Finance Committee

ENGINEERING DESIGN PHASE CONTRACT Page 4 of 5
For Professional Services for Treatment Works

V.
A.

ADDITIONAL COVENANTS

The ENGINEER agrees to provide in active charge of this PROJECT for the life of the contract a Project Engineer who
is a permanent employee of the ENGINEER and who is a “qualified sanitary engineer” as defined under the
DIVISION'S “Rules and Regulations for the Prequalification of Consulting Engineers.” The Project Engineer shall be’

ENGINEERING DESIGN PHASE CONTRACT Page 3 of 5
For Professional Services for Treatment Works

B.

It is agreed by the parties to this contract that failure by the ENGINEER to complete the work within the time
stipulated under Ill, A, above may be considered sufficient basis for the debarment of the ENGINEER from the
DIVISION'S Roster of Prequalified Engineers as provided for under New Hampshire Code of Administrative Rules Env-
Wq 603.08, or the Assessment of liquidated damages as provided for under RSA 485A: 4, XII.X

ENGINEERING DESIGN PHASE CONTRACT Page 2 of 5
For Professional Services for Treatment Works

|. SERVICES TO BE PERFORMED BY THE ENGINEER

A.

ENGINEERING DESIGN PHASE
CONTRACT FOR PROFESSIONAL SERVICES

FOR
TREATMENT WORKS
CITYAFOMAN OF NASHUA, New HAMPSHIRE
This AGREEMENT made and entered into at Hillsborough County, New Hampshire, this day of 2021,

by and between City4ewn of Nashua, New Hampshire hereinafter called the OWNER, and Woodard and Curran
hereinafter called the ENGINEER.
WITNESSETH:

To:

From:

Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: January 28, 2021

David L. Boucher, Superintendent
Wastewater Department

Phase II Pump Station Upgrades Rebid Design Services

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

February 10, 2021
Memo #21-079

TO: Mayor Donchess
Finance Committee

SUBJECT: Design Services for Phase Il Pump Station Upgrades in the amount not to exceed $39,500
funded from account SFR Loan

Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit
Court—Nashua and not elsewhere

ARTICLE 19 — MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent
of the other.

2. Tests, inspections and approvals of portions of the Work required by the Contract

Documents or by laws, ordinances, rules, regulations or orders of public authorities having

jurisdiction shall be made at an appropriate time.

paid for anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the OWNER by reasons of
CONTRACTOR's failure. CONTRACTOR shall not be relieved of liability to the OWNER for
damages sustained from the failure, and the OWNER may withhold any payment to the
CONTRACTOR until such time as the exact amount of damages due to the OWNER is
determined. All claims for payment by the CONTRACTOR must be submitted to the OWNER

Immediately discontinue work on the date and to the extent specified in the notice.

Provide the OWNER with a list of all unperformed services.

C. Place no further orders or sub-contracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work under
the contract that is not terminated.

2. Upon final completion and acceptance of the Work, OWNER shall hold 2% retainage
during the 1 (one) year warranty period and release it only after the project has been
accepted.

ARTICLE 13 — PROTECTION OF PERSONS AND PROPERTY