"The Gate City"
Financial Services
Purchasing Department
January 26, 2017
Memo #17-094
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: CONTRACT AWARD FOR HIGH SPEED INTERNET FOR THE CITY OF NASHUA
(VALUE: $17,864)
DEPARTMENT: 120 TELECOMMUNICATIONS; FUND: GENERAL OPERATING FUND
Please see the attached communication from Bruce Codagnone, CIO/IT Division Director to Mayor
Donchess dated January 24, 2017 for information related to this purchase.
ARTICLE 17—- CHOICE OF LAW AND VENUE
This contract shall be governed exclusively by the laws of the State of New Hampshire and any
claim or action brought relating to this contract, the work performed or contracted to be performed
thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New
Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit
Court—Nashua and not elsewhere
ARTICLE 18- MISCELLANEOUS PROVISIONS
In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not
previously paid to CONTRACTOR for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be allowed or
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
Upon receipt of notice of termination, abandonment, or suspension at will, CONTRACTOR shall:
a. 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.
ARTICLE 12— PROTECTION OF PERSONS AND PROPERTY
1. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all
safety precautions and programs, including all those required by law in connection with
performance of the Contract. The CONTRACTOR shall promptly remedy damage and
loss to property caused in whole or in part by the CONTRACTOR, or by anyone for
whose acts the CONTRACTOR may be liable.
ARTICLE 13 - CORRECTION OF WORK
10.
11.
12.
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 directly to:
City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
13,
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,
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.
6. Unemployment compensation coverage provided by the OWNER.
