| THE CITY OF NASHUA “The Gate City’
Administrative Services
Purchasing Department
August 29, 2019
Memo #20-026
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: DIGESTER GAS TANK COATING PROJECT (VALUE TOTAL OF: $136,400)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
Please see the attached communications from David Boucher, Superintendent Wastewater Department
dated August 22, 2019 for the information related to these purchases.
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MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Professional Engineer. 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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No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.
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C. Ifapplicable, Professional Engineer agrees to complete and submit to the City of Nashua
a Minority Business Enterprise/Woman Business Enterprise (MBE/WBE) Utilization
Report (Standard Form 334) within 30 days after the end of each fiscal quarter until the
end of the contract.
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>» All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
> If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Professional Engineer must maintain umbrella liability insurance of at
least $1,000,000. All aggregates must be fully disclosed on the required certificate of
imsurance.
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress
on the work in a timely and professional manner. Professional Engineer shall be given an
opportunity for consultation with the City of Nashua prior to the effective date of the termination.
Professional Engineer may terminate the contract on 10 calendar days written notice if, through
no fault of Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45
to discuss the work under the Contract, and that Professional Engineer may elect to conduct and
record such meetings and shall later distribute prepared minutes of the meeting to the City of
Nashua.
