City of Nashua
Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233
February 10, 2021
Memo #21-079
TO: Mayor Donchess
Finance Committee
SUBJECT: Design Services for Phase Il Pump Station Upgrades in the amount not to exceed $39,500
funded from account SFR Loan
Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit
Court—Nashua and not elsewhere
ARTICLE 19 — MISCELLANEOUS PROVISIONS
1. Neither party to the Contract shall assign the Contract as a whole without written consent
of the other.
2. Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time.
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 OWNER by reasons of
CONTRACTOR's failure. CONTRACTOR shall not be relieved of liability to the OWNER for
damages sustained from the failure, and the OWNER may withhold any payment to the
CONTRACTOR until such time as the exact amount of damages due to the OWNER is
determined. All claims for payment by the CONTRACTOR must be submitted to the OWNER
Immediately discontinue work on the date and to the extent specified in the notice.
Provide the OWNER with a list of all unperformed services.
C. 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.
2. Upon final completion and acceptance of the Work, OWNER shall hold 2% retainage
during the 1 (one) year warranty period and release it only after the project has been
accepted.
ARTICLE 13 — PROTECTION OF PERSONS AND PROPERTY
Work for which Certificates for Payment have been previously issued and payments
received from the OWNER shall, to the best of the CONTRACTOR’s knowledge,
information and belief, be free and clear of liens, claims, security interests or other
encumbrances adverse to the OWNER’s interests.
5. OWNER shall make payments, for work satisfactorily completed and accurately invoiced,
on the basis of CONTRACTORSs Application for Payment, within 30 days of approval by
the OWNER.
3.
Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the Board of
Public Works and the OWNER’s Finance Committee vote prior to proceeding.
10.
11.
12.
13.
14.
15.
16.
The CONTRACTOR shall deliver, handle, store and install materials in accordance with
manufacturers’ instructions.
The CONTRACTOR warrants to the OWNER that (1) materials and equipment furnished
under the contract will be new and of good quality unless otherwise required or permitted
by the Contract Documents; (2) the Work will be free from defects not inherent in the
quality required or permitted; and (3) the Work will conform to the requirements of the
Contract Documents.
ARTICLE 7 —- OWNER
1.
Prior to the start of Construction, the CONTRACTOR shall obtain an Electrical Permit
from the City of Nashua’s Department of Building Safety, prior to performance of services
under this contract: There will be no cost for the Electrical Permit.
Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work
until the correction is made.
>» The insurance provided herein is primary, and no insurance held or owned by the OWNER
shall be called upon to contribute to a loss.
> CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.
>» The insurance provided herein is primary, and no insurance held or owned by the
OWNER, shall be called upon to contribute to a loss.
