To:
From:
Re:
E. Motion:
Attachments:
Discussion:
City of Nashua, Public Works Division
Board of Public Works Meeting Date: March 28, 2019
David L. Boucher, Superintendent
Wastewater Department
Pump Station Upgrades Project — Phase 1
THE CITY OF NASHUA “The Gate City"
Financial Services
Purchasing Department
March 28, 2019
Memo #19-137
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: PUMP STATION UPGRADES PROJECT —- PHASE 1 CONSTRUCTION SERVICES
(VALUE: $3,469,550)
DEPARTMENT: 169 WASTEWATER; FUND: SRF LOAN
Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated March 28, 2019 for the information related to this contract.
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THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional Engineer,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Professional Engineer.
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Professional Engineer shall promptly complete the work and the final acceptance procedure shall
be repeated. The date of final acceptance of a project by the City of Nashua shall be the date upon
which the Board of Public Works or other designated official accepts and approves the notice of
completion.
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> Professional Engineer is responsible for and required to remedy all damage or loss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.
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Board of Public Works for resolution. If the parties are dissatisfied with the decision of the Board
of Public Works, the parties’ reserve the right to pursue any available legal and/or equitable
remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.
a
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.
decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any work
affected by a conflict, error, omission, or discrepancy which has been performed by Professional
Engineer prior to having received the City of Nashua's resolution shall be at Professional
Engineer's risk and expense. At all times, Professional Engineer shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract
