Finance Committee

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,

3. Application for Payment performed under this agreement shall be submitted directly to:

OWNER

Accounts Payable

PO Box 2019

Nashua, NH 03061-2019
Attn: Jeanne Walker

To facilitate the proper and timely payment of applications, the OWNER requires that all
applications contain a valid PURCHASE ORDER NUMBER.

14. The CONTRACTOR shall be responsible for cutting, fitting or patching required to complete

the Work or to make its parts fit together properly.

15, The CONTRACTOR shall keep the premises and surrounding area free from accumulation of

debris and trash related to the Work.

16. CONTRACTOR warrants and guarantees to OWNER, for I(one) year, upon completion of

work, that all Work will be in accordance with the Contract Documents and will not be

defective. CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage

caused by:

ARTICLE 8 - CONTRACTOR

I.

10.

11.

12.

13.

General Terms and Conditions

ARTICLE 6 — GENERAL PROVISIONS

1,

The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, cither 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.

» If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage,
CONTRACTOR must maintain umbrella liability insurance of at least $1,000,000. All
aggregates must be fully disclosed on the required certificate of insurance.

» The specified insurance requirements do not relieve CONTRACTOR of its responsibilities or
limit the amount of its liability to the OWNER or other persons, and CONTRACTOR is
encouraged to purchase such additional insurance, as it deems necessary.

One Million Four Hundred Fifty-Five Thousand Six Hundred Ninety-Four & 00/100 Dollars
($1,455,694.00)

The Contract Sum shall include all items and services necessary for the proper execution and

completion of the Work.

ARTICLE 5 - INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:

written change order or the fully executed Owner Purchase Order shall control over the terms of the
Proposals

ARTICLE 2 —- PERIOD OF PERFORMANCE

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

And the CONTRACTOR: — Siemens Industry, Inc. Intelligent Traffic Systems

9225 Bee Cave Road
Building B, Suite 101
Austin, TX 78733

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

For the following Project: | LED Street Lighting Conversion Project

RFP0609-031116

ARTICLE 1 —- THE CONTRACT DOCUMENTS

To:

From:

Re:

F. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: May 5, 2016
Stephen Dookran, P.E., City Engineer
Engineering Department

LED Street Lighting Conversion Project

To approve the construction contract for the LED Street Lighting Conversion project with
Siemens Industry, Inc. of Austin, TX in an amount of $1,455,694, Funding will be
through Department 161 Street; Fund: Bond; Activity: LED Lighting

THE CITY OF NASHUA eee

Financial Services

Purchasing Department

April 28, 2016
Memo #16-136

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: LED STREET LIGHT CONVERSION PROJECT (VALUE: $1,455,694)
DEPARTMENT: 161 STREET; FUND: BOND
ACTIVITY: LED LIGHTING

Please see the attached communication from Stephen Dookran, P.E., City Engineer for the information
related to this purchase.