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WOODARD
& CURRAN
COMMITMENT & INTEGRITY T 800.446.5518
DRIVE RESULTS T 781.251.0200
F 781.251.0847
WOODARD & CURRAN
MEMORANDUM OF AGREEMENT
Project Number: _P228730.13 Client PO Number:
Client Name: —_ City of Nashua, NH
Contact Name: _Dave Simmons Contact Email: _simmonsd@nashuanh.gov
Address: 2 Sawmill Road Phone: 603.589.3560
City: Nashua State: NH Zip: _03060
To:
From:
Re:
E. Motion:
Attachments:
Discussion:
City of Nashua, Public Works Division
Board of Public Works Meeting Date: February 29, 2016
David A. Simmons, Superintendent
Wastewater Department
SCADA Upgrades Design Services
(22) THE CITY OF NASHUA “the Cate cy
Financial Services
Purchasing Department
February 25, 2016
Memo #16-112
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: SCADA UPGRADES DESIGN SERVICES (VALUE: $188,500)
DEPARTMENT: 169 WASTEWATER; FUND: WERF
ACCOUNT CLASSIFICATION: 81 CAPITAL OUTLAY/IMPROVEMENTS
Please see the attached communication from David Simmons, Wastewater Department Superintendent
dated February 29, 2016 for the information related to this purchase.
contractual, noncontractual, financial or otherwise, in this contract or in the business of Service Provider. If
any such interest comes to the attention of Service Provider at any time, a full and complete disclosure of the
interest shall be immediately made in writing to the City of Nashua. Service Provider warrants that no
gratuities (including, but not limited to, entertainment or gifts) were offered or given by Service Provider to
any officer or employee of the City of Nashua with a view toward securing a contract or securing favorable
cancellation of the agreement. The City of Nashua shall not have any obligation to re-award or to provide, in
any manner, the unexpended funds to Service Provider. Service Provider shall have no claim of any sort to the
unexpended funds.
Service Provider, sub consultants and sub-contractors at every tier will fully comply with NH
RSA Chapter 281-A, “Workers’ Compensation”.
(Sole Proprietors not subject to Workers’ Compensation requirements)
In the event of a termination for cause, Service Provider shall receive all amounts due and not previously paid
to Service Provider 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 City of Nashua by reasons of Service Provider's failure. Service Provider shall not be
5. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES,
PROFESSIONAL Service Provider warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing, and has
concluded that the City of Nashua’s resolution of each matter is satisfactory to Service Provider. All future
questions Service Provider may have concerning interpretation or clarification of this contract shall be
2. SERVICE PROVIDER STATUS AND PROVISION OF WORKERS’ COMPENSATION COVERAGE. The
parties agree that Service Provider shall have the status of and shall perform all work under this contract as an
independent contractor, maintaining control over all its consultants, sub- consultants, contractors, or sub-
contractors. The only contractual relationship created by this contract is between the City of Nashua and
Service Provider, and nothing in this contract shall create any contractual relationship between the City of
The term of the contract will be for three (3) years with the first year commencing on or about July 1, 2016
and terminating on June 30, 2019. Each year is subject to annual budget appropriations and at the City of
Nashua’s discretion.
4. COMPENSATION. Service Provider agrees to perform the work for a total cost not to exceed
($) for the three (3) year term;
The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work,
