Search

From:

Re:

E. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: January 25, 2018

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Repairs of roof and doors

To approve the purchase of roof and door repairs at the Gatehouse in Mine Falls
Park from Forcier Contracting of Nashua, NH for the sum of $13,300. Funding
for the purchase will be through Department: 177 Park & Recreation; Fund:
Trusts; Account Classification: 54 Property Services.

Quote and specifications from Forcier Contracting.

The roof at the Gatehouse is in need of soffit repairs and resurfacing. The two
entry doors are in need of resurfacing as well. A request for quotes was sent out to
ten firms and we received two quotes. Forcier Construction was the lower quote
that met the specifications. The roof will have a two year labor warranty and a 25
year warranty on the rubber roof surface. Forcier Construction has performed
work for the city in the past and we have been happy with the work that they have
done. This work will be scheduled to be done this spring once the weather
conditions are appropriate

Parks & Recreation-Gatehouse Roof Repairs- Bid Comparison

Vendo

Forcier Contracting, Nashua, NH $13,300
Chick Beaulieu, Inc., Nashua, NH $23,900

Peter DeSalvo Contracting Hudson, NH No Bid
United Roofing & Remodeling Nashua, NH No Bid
Viking Roofing Nashua, NH No Bid

St. Laurent Construction Nashua, NH No Bid
Adam Vaillancourt Roofing and Const Nashua, NH No Bid
DI King and Associates Nashua, NH No Bid
Corriveau Painting and Contracting Nashua, NH No Bid
Northeast Exteriors of NH Nashua, NH No Bid

No Bid

Quotes were requested from 11 Firms

Nick Caggiano, Superintendent Parks & Recreation
Division of Public Works
31-Dec-17

SARE.

£. pce EoMe EES

Se <e,
Lime EE
~“AASHUA, MH ~~

(GO3j 88B2-GE77

PRE EPARED FOR:
PREPARED BY:

24 MERRIMACK ST
NASHUA, NH 03064
FAX: (603) 882-8863
OFFICE: (603) 882-687!
MOBILE: (603) 235-1006

Estimate

City of Nashua Mine Fall Is Gute House, Nashua, NH
Rocky Hanson on 8/15/)

Material and labor to include rotted soffit repair, new painted and new roof

Gate House
® Remove and dispose of existing rotted soffit boards. Approx. 30 to 40 linear feet
e Furnish and install new pressure treated soffit framing to match existing as close as possible in rotted wood areas
e Furnish and install 2 coats new exterior paint to match existing color on entire roof soffit. Approx. 160 linear feet
» Remove and dispose of existing roof gravel
2 Furnish and install new '4 fiber board over existing rubber roof with roof screws and washers. Approx 1,160 sq
feet
e Furnish and install new rubber roofing glued to fiber board
e® Fumish and install new metal edging over existing with edge tape
* Remove and dispose of existing V-match wood overlay on 2 exterior man doors
e Furnish and install new V-match wood overlay door covers to match as close as possible

Foricer contracting responsible for removal of construction debris and equipment rentals

Total $13,300.00

Please call me with any questions/concerns.
Thank You, Rocky 603-235-1006

) ®
ACCORD
ee

CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDDIYYYY)
10/27/2017

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

certificate holder in lieu of such endorsement(s).

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the

PRODUCER
Cross Insurance

CONTACT
NAME: Matt D'Arcy

PHONE (603) 742-2552

FAX
(AIC, No, Ext): {Ale, No): (603) 742-4509

475C High Street poreeae. mdarcy@crossagency.com
INSURER(S) AFFORDING COVERAGE NAIC #

Somersworth _NH_ 03878 INSURERA:Ohio Security Ins Co 24082
INSURED INSURER B:‘Ohio Casualty Insurance Company 24074
Forcier Contracting & Building Services Ince INSURERC :Peerless Ins Co 24198
51 Lake St # 13 INSURER D:

INSURER E :
Nashua NH 03060 INSURER F :
COVERAGES CERTIFICATE NUMBER:CL175808 938 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

endorsements and special provisions.

INSR ADDL |SUBR| POLICY EFF | POLICY EXP
LTR TYPE OF INSURANCE INSD | wvD POLICY NUMBER (MMIDDIYYYY) | (MMIDD/YYYY) LIMITS
X | COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
A CLAIMS-MADE OCCUR PREMISES (Ea occurrence} $ 300,000
x BKS56130313 5/12/2017 | 5/12/2018 | MED EXP (Any one person) $ 15,000
PERSONAL & ADV INJURY | $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY [ x | SECT [| LOC PRODUCTS - COMP/OP AGG | $ 2,000,000
OTHER: Schedule Mod Factor 1 $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO BODILY INJURY (Per person) | $
ALL OWNED SCHEDULED :
AUTOS AUTOS BODILY INJURY (Per accident) $
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident}
$
X | UMBRELLA LIAB x | occUR EACH OCCURRENCE $ 2,000,000
B EXCESS LIAB CLAIMS-MADE USO56130313 5/12/2017 | 5/12/2018 | AGGREGATE $ 2,000,000
DED | x RETENTION $ 10,000 $
WORKERS COMPENSATION x | PER OTH-
AND EMPLOYERS’ LIABILITY YIN STATUTE | ER
ANY PROPRIETOR/PARTNER/EXECUTIVE WC3409243 3a: NH & MA 5/12/2017 | 5/12/2018 | E.L. EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? NIA ; ;
C |(Mandatory in NH) John & Michael Forcier are jexcluded E.L. DISEASE - EA EMPLOYEE $ 500,000
¥ yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ 500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The City of Nashua is additional insured under the General Liability as required by written contract.
John Forcier & Michael Forcier are excluded from Workers Compensation. Refer to policy for exclusionary

CERTIFICATE HOLDER

CANCELLATION

City of Nashua
9 Riverside Street
Nashua, NH 03060

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

Angela Mita/AM4 Omeae de PAL ta

ACORD 25 (2014/01)
§INSO25 1901401)

© 1988-2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

COMMERCIAL GENERAL LIABILITY
CG 88 10 94 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

= SUBJECT PAGE

NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenani’s Property Damage} 2
MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND E 3
ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3
PRIMARY AND NON-CCNTRIBUTORY- ADDITIONAL INSURED EXTENSION 5
ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR “LIMITS CF INSURANCE” 6
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO iS AN

INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT ENPLOYEES 6
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRICR OCCURRENCES 7
KNOWLEDGE OF CCCURRERNCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8

WHEN REQUIRED IN 4 CONTRACT OR AGREEMENT WITH YOU

2013 Liberty Mutual Insurance
CG 88 70 04 13 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 1 of &

With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by
the endorsement.

A.

NON-OWNED AIRCRAFT

Under Paragraph 2. Exclusions of Section | - Coverage A - Bodily Injury And Property Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:

wh
a

itis not owned by any insured:
lt is hired, chartered or loaned with a trained paid crew;

The pilot in command holds acurrently effective certificate, issued by the duly constituted authority of
the United States of America or Canada, designating her or him acommercial or airline pilot; and

4, Itis not being used to carry persons or property for a charge.

@ NS

However, the insurance afforded by this provision does not apply if there is available to the insured other
valid and collectible insurance, whether primary, excess (other than insurance writien to apply specifically
in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under

this provision.
NON-OWNED WATERCRAFT
Under Paragraph 2. Exciusions of Section i - Coverage A - Bodily Injury And Property Damage Liability,
Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:

{a} Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.

PROPERTY DAMAGE LIABILITY - ELEVATORS

4. Under Paragraph 2. Exciusions of Section | - Coverage A - Bodily injury And Property Damage Liabil-
ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property
damage" results from the use of elevators. For the purpose of this provision, elevators do not include
vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.

2. The following is added to Section I¥ - Commercial Genera! Liability Conditions, Condition 4. Other
Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, contingent or on any other basis.

EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage)

lf Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

1. Under Paragraph 2. Exclusions of Seciion | - Coverage A - Bodily Injury and Property Damage Liability:

a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow-
ing:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage” (other than damage
by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or
(ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" fo contents of
premises rented to you for aperiod of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in Section H! - Limits of
Insurance.

2013 Liberty Mutual Insurance

CG 88 16 04 13 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of §

_b. The last paragraph of subsection 2. Exclusions is replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage
from automatic fire protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance applies to Damage To Premises
Rented To You as described in Section HI - Limits Of insurance.

2. Paragraph 6. under Section ii - Limits Of Insurance is replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the mast we will
pay under Coverage A for damages because of "property damage" io:
a. Any one premise:
(1) While rented to you; or
(2}. While rented to you or temporarily occupied by you with permission of the owner for
damage by fire,-lightning, explosion, smoke or leakage from automatic protection sys-
tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.

3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTER TO
YOU (Tenant’s Property Damage) - Paragraph S.a. of Definitions is replaced with the following:

8.2. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the owner, or for damage to contents of such premises
that are included in your premises rental or lease agreement, is not an "insured contract".

RIEDICAL PAYMENTS EXTENSION

lf Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph 1. Insuring Agreement of Section | - Coverage C - idedical Payments, Subparagraph
{b) of Paragraph a. is replaced by the following:

(b} The expenses are incurred and reported within three years of the date of the accident; and
EXTENSION OF SUPPLEMENTARY PAYWIENTS - COVERAGES A AND B
i. Under Supplementary Payments - Coverages A and B, Paragraph 4.b. is replaced by the following:

b. Up to $3,060 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have
to furnish these bonds.

2. Paragraph 1.d. is replaced by the following:

d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or “suit”, including actual loss of earnings up to $506 a day because of time
off from work.

ADDITIONAL INSUREDS - BY CONTRACT, AGREERIENT CR PERHIT

1. Paragraph 2. under Section f!- Who is An insured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization is an additional insured but only with respect to
lability for "bodily injury", “property damage” or “personal and advertising injury” caused in whole
or in part by:

a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance
of your on going operations for the additional insured that are the subject of the written contract or
written agreement provided that the “bodily injury" or “property damage" occurs, or the “per-
sonal and advertising injury” is committed, subsequent to the signing of such written contract or
written agreement, or

2013 Liberty Mutual Insurance

CG 88 10 64 13 Includes copyrighted material of Insurance Services Office, inc., with its permission. Page 3 of &

10.

11.

as described above within 30 days, the parties may request that the dispute be submitted to the
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.

NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation,
or adjustment of any kind shall be made to Independent Contractor for damages because of
hindrances or delays in the progress of the work from any cause, and Independent Contractor
agrees to accept in full satisfaction of such hindrances and delays any extension of time that the
City of Nashua may provide.

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

Independent Contractor shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by Independent Contractor are intended to and shall not in any manner
limit or qualify the liabilities and obligations assumed by Independent Contractor under this
contract. The City of Nashua shall not maintain any insurance on behalf of Independent
Contractor. Subcontractors are subject to the same insurance requirements as Independent
Contractor and it shall be the Independent Contractor’s responsibility to ensure compliance of this
requirement.

Independent Contractor will provide the City of Nashua with certificates of insurance for
coverage as listed below and endorsements affecting coverage required by the contract within ten
calendar days after the City of Nashua issues the notice of award. The City of Nashua requires
thirty days written notice of cancellation or material change in coverage. The certificates and
endorsements for each insurance policy must be signed by a person authorized by the insurer and

who is licensed by the State of New Hampshire. General Liability and Auto Liability policies

must name the City of Nashua as an additional insured and reflect on the certificate of
insurance. Independent Contractor is responsible for filing updated certificates of insurance with
the City of Nashua's Risk Management Department during the life of the contract.

> — 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, Independent Contractor must maintain umbrella liability
insurance of at least $1,000,000. All aggregates must be fully disclosed on the
required certificate of insurance.

» The specified insurance requirements do not relieve Independent Contractor of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Independent 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 City
of Nashua shall be called upon to contribute to a loss.

GC 6 of 11

— \
mV

13.

14.

15.

16.

Independent Contractor 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 —_ Independent
Contractor or anyone employed, directed, or supervised by Independent Contractor

_ INDEMNIFICATION Regardless of any coverage provided by any insurance, Independent

Contractor agrees to indemnify and shall defend and hold harmless the City of Nashua, its agents,
officials, employees and authorized representatives and their employees from and against any and
all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands,
damages, liabilities, interest, attorney’s fees, costs and expenses of any kind or nature in any
manner caused, occasioned, or contributed to in whole or in part by reason of any negligent act,
omission, or fault or willful misconduct, whether active or passive, of Independent Contractor or
of anyone acting under its direction or control or on its behalf in connection with or incidental to
the performance of this contract. Independent Contractor’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the sole negligence or
willful misconduct of the party indemnified or held harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this
contract.

Nothing in this contract shall be construed to provide Independent Contractor with a right of
payment over any other entity. Any funds obligated by the City of Nashua under this contract
that are not paid to Independent Contractor shall automatically revert to the City of Nashua’s
discretionary control upon the completion, termination, or cancellation of the agreement. The
City of Nashua shall not have any obligation to re-award or to provide, in any manner, the
unexpended funds to Independent Contractor. Independent Contractor shall have no claim of any
sort to the unexpended funds.

COMPENSATION Review by the City of Nashua of Independent Contractor's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of
Nashua. If there is insufficient information, the City of Nashua may require Independent
Contractor to submit additional information. Unless the City of Nashua, in its sole discretion,
decides otherwise, the City of Nashua shall pay Independent Contractor in full within 30 days of
approval of the submitted monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Independent Contractor, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Independent
Contractor shall, throughout the period services are to be performed under this contract, monitor
for any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City of Nashua in writing of any changes to the same relating to or
affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Independent Contractor agrees to the following terms. Independent
Contractor will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Independent Contractor agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without

GC 7 of 11

17.

18.

19.

20.

discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff, termination, rates of pay, or other forms of compensation and selection for
training, including apprenticeship.

Without limitation of the foregoing, Independent Contractor's attention is directed to Title
41”Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor” which, by this reference, is incorporated in this contract.

Independent Contractor agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Independent Contractor under this contract.

In connection with the performance of work under this contract, Independent Contractor agrees
not to discriminate against any employee or applicant for employment because of race, creed,
color, national origin, sex, age, or sexual orientation. This agreement includes, but is not limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.

Independent Contractor agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by Independent Contractor shall constitute a material breach of the contract.

ENDORSEMENT Independent Contractor shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Independent Contractor or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor shall
not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
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.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Independent Contractor related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any 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 (¢.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Independent

GC 8 of 11