Finance Committee

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

Filed With: Sue Lovering, City Clerk

From: Jim Donchess

Date: April 15, 2022

Re: Emergency PO Request — Repairs of 2 Sewer Mains at the intersection of Main & Park Streets

Pursuant to 5-90 (G) of the NRO, | have authorized Emergency Purchase Order Request for the repair of a two
sewer mains at the intersection of Main Street and Park Street in an amount of $150,000 to S.U.LR.
Construction West of Winchester, NH for the work required as detailed below.

30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the

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entire contract between the City of Nashua and DesignLAB. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of
any kind or nature not set forth in this contract. No changes, amendments, or modifications
of any terms or conditions of the contract shall be valid unless reduced to writing and signed
by both parties.

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States or of any other nation. DesignLAB agrees to indemnify, to defend, and to hold
harmless the City of Nashua, its representatives, and employees from any claim or action
seeking to impose liability, costs, and attorney fees incurred as a result of or in connection
with any claim, whether rightful or otherwise, that any material prepared by or supplied to
DesignLAB infringes any copyright or that any equipment, material, or process (or any
part thereof) specified by DesignLAB infringes any patent.

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written amendments or modifications. Subject to the foregoing provisions, the contract
inures to the benefit of, and is binding upon, the successors and assigns of the parties.

16. NONDISCRIMINATION If applicable or required under any federal or state law, statute,

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by DesignLAB or anyone employed, directed, or supervised by
DesignLAB.

11. INSURANCE DesignLAB shall carry and maintain in effect during the performance of
services under this contract:

<> General Liability insurance in the amount of $1,000,000 per occurrence;
$2,000,000 aggregate;
$1,000,000 Combined Single Limit Automobile Liability;

*Coverage must include all owned, non-owned and hired vehicles.
$1,000,000 Profession Liability;
and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.

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4. Not resume work after the effective date of a notice of suspension until receipt of
a written notice from the City of Nashua to resume performance.