the attention of CONTRACTOR at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City. If OWNER determines that a conflict exists and was not
disclosed to the City, it may terminate the contract at will or for cause.
ARTICLE 12— RETAINAGE
1. The OWNER will retain a portion of the progress payment, each month, in accordance with the
following procedures:
a. The OWNER will establish an escrow account in the bank of the OWNER’S
choosing. The account will be established such that interest on the principal will be
paid to the CONTRACTOR. The principal will be the accumulated retainage paid
into the account by the OWNER. The principal will be held by the bank, available
only to the OWNER, until termination of the contract.
ay
Such application shall be supported by such data substantiating the CONTRACTOR’s right to
payment as the OWNER may reasonably require.
Application for Payment performed under this agreement shall be submitted directly to:
City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Attn:
To facilitate the proper and timely payment of applications, the OWNER requires that all applications
contain a valid PURCHASE ORDER NUMBER.
4,
10.
Ls
12.
‘14, The CONTRACTOR shall be responsible for cutting, fitting or patching required to complete
id.
16.
the Work or to make its parts fit together properly.
The CONTRACTOR shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.
CONTRACTOR warrants and guarantees to OWNER, for 1(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
ARTICLE 8 - CONTRACTOR
1,
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, either 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.
>» 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.
» The insurance provided herein is primary, and no insurance held or owned by the OWNER
shall be called upon to contribute to a loss.
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:
>» General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;
>» Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.
ARTICLE 2 — PERIOD OF PERFORMANCE
The CONTRACTOR shall perform and complete all work within the time periods set forth. The time
periods may only be altered by the parties by a written agreement to extend the period of performance
or by termination in accordance with the terms of the contract. The CONTRACTOR shall begin
performance upon receipt of an Executed Contract, a valid Purchase Order issued from the
OWNER, and a Notice to Proceed.
ARTICLE 3 - CONTRACT TIMES
3.01 Time of the Essence
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
