Skip to main content

Main navigation

  • Documents
  • Search

User account menu

  • Log in
Home
Nashua City Data

Breadcrumb

  1. Home
  2. Search

Search

Displaying 35361 - 35370 of 38765

Finance Committee - Agenda - 6/17/2020 - P41

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 06/12/2020 - 14:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/17/2020 - 00:00
Page Number
41
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__061720…

CITY OF NASHUA

PAVEMENT MARKINGS PROGRAM
REVISED - JUNE 9, 2020

Schedule of Prices

RETROREFLECTIVE THERMOPLASTIC AND PAINT PAVEMENT MARKINGS

EXHIBIT B
iFBO662-060520
ltem # Description Quantity UM Unit Price | Total Bid Value Amount
Ret flecti int P t Marki
632.0104 etro retlective Paint Pavement Marking 14 109,000.00 | LF $0.065 $91,000.00
4 inch line
t flective Pai i
632.0112 Re ro ref ective Paint Pavement Marking 11,000.00 rT $0.72 $7,920.00
12 inch line
632.0200 Retro reflective Paint Words/Symbols 2,000.00 SF $1.75 $3,500.00
632.2000 Pavement Marking Removal/grinding 1,000.00 LF $2.50 $2,500.00
Ret flecti tic P t
632.3104 etro reflective Thermoplastic Payment | a0 gq LF $0.55 $550.00
Marking 4 inch fine
Ret flactive T! lastic P t
632.3112 etro reflective Thermoplastic Pavement 1) yn og | ig $2.75 $143,000.00
Marking 12 inch line
Retro reflective Thermoplastic
632.3200 0,00 SF 7.00 0.00
Words/Symbols 5 °
619.1000 Maintenance of Traffic 1.00 UNIT $100.00 $100.00
BID TOTAL $248,570.00
TOTAL BID PRICE WORDS:
TWO HUNDRED FORTY-EIGHT THOUSAND FIVE HUNDRED SEVENTY Dollars and

00/100 Cents

Page Image
Finance Committee - Agenda - 6/17/2020 - P41

Finance Committee - Agenda - 6/17/2020 - P42

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 06/12/2020 - 14:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/17/2020 - 00:00
Page Number
42
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__061720…

Contractor:

Authorized
Signature:

Address:

Phone:

Email Address:

Signature Sheet

Hi-Way Safety Systems, Inc.

9 Rockview Way Rockland, MA 02370

781-982-9229

bids@hiwayss.com

Page Image
Finance Committee - Agenda - 6/17/2020 - P42

Finance Committee - Agenda - 6/17/2020 - P43

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 06/12/2020 - 14:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/17/2020 - 00:00
Page Number
43
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__061720…

Document A310™ _ 2919

Conforms with The American Instifute of Architects AIA Document 310

Bid Bond
CONTRACTOR: SURETY: EXHIBIT C

(Name, legal status and. address) (Name, legal status and principal Place af business)
Aspen American Insurance Company
Hi-Way Safety Systems, Inc. 175 Capital Boulevard, Suite 300 This document has impartant
9 Rockview Way Rocky Hill, CT 06067 legal consequences, Consultation
Rockland, MA 02370 Mailing Address for Notices with an attorney is encouraged
‘ with respect to its completion or
OWNER: modification.

(Name, legal status and address) : Any singular referanee to

. Contractar, Surety, Qwner or
City of Nashua other party shall ba considered
229 Main Street plural where applicable,

Nashua, NH 03060

BOND AMOUNT: 5% Five Percent of Amount Bid

PROJECT:
(Naat, location or address. and Project munber, ifany)

Pavement Markings Program, IFB0862-060520

The Contractor and Surety are bound to the Ownerin the amount set forth above, for the payment of which the Contractor and Surety bind
themselves, their heirs, oxcettors, administrators, siecossors and assigns, jointly and soverally, as provided herein. The conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specifjed in the bid documents, or within such tine period
as may be agreed to by the Ovner and Contractor, and the Contractor either ( 1} enters into a contmet with the Oemer in accordance with
the tenns of such bid, and gives such bond or bonds as may be specitied in the bidding or Contract Documents, with a surety adinitted ty
the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt
payntent of labor and material fumished in the prosecution thereof: or (2) pays to the Owner the difference, not to exceed the amount of
this Bond, between the amount specified in said bid and such larger amount for which the Owner moy in good faith contract with another
parly to perlarm the work covered by said bid, then this obligation shall be null and void, otherwise to remain in Tull farce and ellect, The
Surety hereby waives any notice ofan agreement belween the Ouner and Contractor to extend the time in which the Owner ntay accept the
bid. Waiver of notice by the Surety shall net apply to any extension exceeding sixty (60) duys in the aggreeute beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shut] abtain the Surety’s cansent for an extension beyond
sixty (60) days,

Ifthis Bond is issned in connection with 2 stbeontractor's bid to a Contractor, the term Contractor in this Bond shall be deomed to be
Subcontractor and the term Owner shatt be deemed to be Contractor.

When this Band has been fimished to com ply with a statutory or other legal requirement in the location of the Project, any provision in
this Bond conflicting with suid statutory or legal requirement shull be deomed deleted hereftom and provisions confoming to such

Mallory or other legal requirement shall be deemed incorporated herein. When sa fumished, the intent is that this Rend shall be construed
asd slalulory bond and nol asa common law bond.

Signed and scaled this 3rd day of June, 2020,

Hi-Way Safety Systems, inc.
LK Lo (Principal) Seali
; £

{itmess} —

ee ATES .
4 - Jf (Title / (4 gone,

ff i ae v - = gat lnsyn%,,

° af Aspen American insurance Company SUR Se

TS hyper Sure) Seal PhS
Vimess Ge \ {275 . cy uN <i2
“ By: ‘la ave > ED, eo BP eS,

Z (Fitie} Victoria P- Parkerson , Attorney-in-Fact “4,7 8306

S-O084/AS 8710

‘
2, a

a
vt

if

Page Image
Finance Committee - Agenda - 6/17/2020 - P43

Finance Committee - Agenda - 6/17/2020 - P44

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 06/12/2020 - 14:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/17/2020 - 00:00
Page Number
44
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__061720…

ASPEN
Aspen American Insurance Company

175 Capital Boulevard, Racky Hill, CT 6067
Surety Bond No. Bid Bond

Principal: Hi-Way Safety Systems, Inc.
Obligee: City of Nashua

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS, THAT Aspen American Insurance Campany, a corporation duly organized under the laws of the
State of Texas, and having its principal offices in Rocky Hill, Connecticut, (hereinalter the "Company"} docs hereby make, constitute and appoint:
Victoria P. Parkerson of Alliant Insurance Services, inc. its true and lawfut Attorney-in-Fact, with full power and authority
hereby confetred to sign, execute and acknowledge on behalf of the Company, at any place within the United States, the fallowing instrament(s}
by hisfher sole signature and act: any and all bonds, rccognizanccs, and other writings obligatory in the nature ofa bond, recognizance, or conditional
undertaking and any and all consents incident thereto, and to bind the Company.thereby as fully and to the same extent as if the same were signed
by the daly authorized officers of the Company. All acts of said Aitomey-in-Fact done pursuant to the authority herein given are hereby ratified and
confirmed.
‘This appointmeal is made under and by authority of the following Resolutions of the Board of Directors of said Company effeative on April 7, 2011, which
Resolutions are now in fall force and effect;
VOTIED: All Executive Officers of the Company {ineluding.the President, any Executive, Senior or Assistant View President, any Viec President, any Treasurer, Assistant
‘Treasurer, of Secretary ar Assistant Secrtiary) may appoint Attomeys-in-Fact to act for and on behulf ofthe Company to sign with the Company's name and seal withthe
Company's seal, bonds, recognizances, and other writings obligatory in the nature ofa band, tecognizence, oc Coriditional undeiteking, and any of sald Executive Officers at
eny time may remove any such appointee and revoke the power given him or her.
VOTED: The foregoing authority for certain classes of officers of the Company to eppaint Aftomeys-in-Fart by virtue of 8 Powty of Aitomey to sign and seal boraly,
recognizances, and ether writings obligatory in the nature ofa bod, recognizance, or conditional undertaking, az well as torevoke any such Power of Attomey, is herhy
pramied specifically to the foliowing individoal officéts of Aspen Specialty Insurance Manapement, inc.:
Michael Toppi, Rxecutiye Vice Presitent, Scott Sadowsky, Senior Vice President, Mathew Raino, Vice President, Kevin Gillen, Senlor Vice President
and Rysr Bleld, Vice President,
This Power of Attorney may tre signed and sealed by fesimlle (mechguleal or printed) under and by authority of the following Resojution voted by
the Boards of Directors of Aspen American Insurance Company, which Resolntion is now in fail farce and effect:
VOTED: That the signature of any of the Officers identified by title or specifically named ebove thay be affixed by fhosimite to any Power of AUomey for purposes
only of excouting and attesting bons end undertakings and other writings obligatory in the nature thereof, and any and al] consents incident thereto, and eny such Povwer
of Atomey or cextificels beariog such fixsimile signature o facsimile seal shall be valid and binding upos (he Company. Any such power so oxceuted and certified by
such facsiniic signature and/or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking 30 executed.

IN WITNESS WHEREOF, Aspen American [nsurimee Company hrs cnused this instrument to. be signed and its corporate seal to be hereto-affixed this 24th
day-of June, 2016,

Aspen Amestcan Insyetnce Company
STATE OF CONNECTICUT ig o
SS, ROCKY HILL Fy iis KB Sond
COUNTY OF HARTFORD in Gillen, Scniér Vice President

On this 24° day of June, 2016 before mc personally camo Kevin Gillen fo me known, who being by me duly wom, did depose and say; that he/she is Séntor Vice
President, of Aspoa American Insurance Company, the Company described in end which executed the above insinement; thet beéthe knows the seul of said corporation: that
the seal affixed to the said instrament is such varporate seal; and that he/she muruted the said instrument oa belelf ofthe Company by anthority of his/her office under the above
Resolotions thereof.

, tute Cooted
h if ‘Le LT th , $y Comedian pt gE ML
Notary Peblic

My commission expires: May 31, 2021

CERTMICATE
T, the undersigned, Kevin Gillen of Aspen American Insurance Company, astocic corparatioa of the State of Texas, do hereby certify that lhe fbiepding Power ot
Alioroey remains in fill force and has not been revoked; and firthermore, that the Resolutions of the Boards of Directors, as set forth above, are now and remaia in
full force and effect.
Given under my hand ard scal of sald Company, in Recky Hill, Connections, this_3°0 dayor__ June , 2020

* For verification of the authenlicity of the Power of Atlomey you may call (260) 760-7728 or email: Patricia Tabor@aspen-insurance.com

Name: Kevin Gillen, Seninr Vice President

Page Image
Finance Committee - Agenda - 6/17/2020 - P44

Finance Committee - Agenda - 6/17/2020 - P45

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 06/12/2020 - 14:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/17/2020 - 00:00
Page Number
45
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__061720…

2010}Ford Pickup

2013) Ford F250

2015|GMC

201 up
FORD

2076|/FORD

2013)Chev

201

201 Mc PICKUP
BOX TRUCK

TRUCK

201 TRUCK

2018/BOX TRUCK

2007/BOX TRUCK

20741BOX TRUCK
2008) HINO BOX 18"
BOX TRUCK
ISUZU BOX
2016)ISUZU BOX
INO
GMC Box Trick

2007/TRUCK

2013}1ZUZU BOX
2006}BOX TRUCK

20143/INTL BOX
HINO BOX
RACK BODY
RACK BODY Epoxy
BODY
201 BODY

2010)Hand Unit
2016)RACK BODY

2012} Ford 556 Grane Truck
2019}HINO Rack
2013]/ISUZU NRR

KETTLE TRUCK

wiCone

HI WAY SAFETY SYSTEMS, INC.
TRUCK EQUIPMENT LIST 2020

FORD -GPS
F250 - GPS
IERRA - GPS

F150 - GPS

+ GPS

- GPS

SILVERADO
Silverado
1500 SIERRA
ISUZU - GPS
ISUZU - GPS
ISUZU - GPS
ISUZU - GPS
ISU - GPS

95
IERRA - GPS
-LSUZU - GPS
~GPS
F550 - GPS

- GPS
- GPS

TRUCK

INO ~ GPS

ER-GPS

~ GPS

LP INTL

LP INT

- GPS

IFTFATEVSAFA40346 Pickup
IFTBF2AG5DEA82452 Pickup
4GTRITEH1FZ183319 Pickup
TFTEWIEG7GFA15182 =| Pickup Active
1FT7X2B64GEA83344 Pickup
1FT7X2B60GEB86501 Pickup
1GCNKPEK3D2115451 Pickup
420 = | Pickup
IGTNILEC6HZ906099 Box
167015844 Box
C4W16587005624 Box
16BA7002824
JALCAW160F7K00446
JALCAB 1667701 1326

JRHROMZHXEKOO1776
SPVNEBJL182950040
SPYNCGJK2A4S50186
JALESW 16407904377
C4W163G7003305
DM2H7LK011624
18677013061

1867K001722
161D7900741
8DC4B16167009725

THYMMAAMXDH 339792
RDM2H1FK001934

6997300457
16X87005330
TFDUFSGTSDEA6867

61A7900782
66673900722

FOUFSHT?CEB83332
IKK008992
60073071635

151510052
HTSCABMSWH523551
HTSCABMSWH523553
PVNJ8JPOD4550621
HTMNAAMS57HS28688
HTMNAAM37HS28690

HTMMAAMS4H666619

N2s629
P92332
L85756

T16154
173
193

P12270

9268

15566
16381

10f8

Page Image
Finance Committee - Agenda - 6/17/2020 - P45

Finance Committee - Agenda - 6/17/2020 - P46

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 06/12/2020 - 14:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/17/2020 - 00:00
Page Number
46
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__061720…

HI] WAY SAFETY SYSTEMS, INC.

TRUCK EQUIPMENT LIST 2020

=| Description _
ATTENUATOR AB

418° 20068] wiCone 430 - GPS THTMMAAM16H180261 Flatbed Active Rebia6 15000
ATTENUATOR AB

$49 2007|[v/Cone 4300 - GPS THTMMAAMX7H453604 = | Flatbed Aciive $18309 26000
ATTENUATOR Ags

420 2006/wiCone 4000SER - GPS THTMMAAM&6H332875 = Flatbed Active §99067 26000
ATTENUATOR MB

424 2007)wiCone HINO - GPS SPVNE8JM172S50059 Flatbed Active $18310 26000

422 2007/SUPPLY TRUCK 268 - GPS 5PVNE8JMX72S50061 Flatbed Active $18312 26000

423 2007 HNTERNATIONAL 4300 - GPS thimmaal27h390067 Flatbed Active $24266 26000
ATTENUATOR AB

424 1996|wiCone FORD - GPS IFDAH70C2SVA83717 = | Attenuator Active $22134 26000

426 2013]/FRTL SUPPLY TRUCK [M2 106 - GPS 1FVACWBDUSDODFB1507 = [Flatbed Active $66394 26000
KETTLE TRUCK

427 2006} MM400 CA-GPS THTMPAFP46H350980 =| Flatbed Active 59954 33000

429 2007) HINO SUPPLY HINO - GPS SPVNC6JM072850175 Flatbed Active §10337 18000
ATTENUATOR wag no

430 2010) hitch 4300-GPS THTMNAAMXAH190G41 [Flatbed Active $10336 26000
ATTENUATOR wiCone

437 2010}(4 DOOR) 4300- GPS THTMMAALSAH223354 = Flatbed Active 546857 26000
ATTENUATOR AB

432 2006wiCone 4300 - GPS THTMMAAL36H181189 = [Flatbed Active 783006 16000

433 2008;ATTENUATGOR MB 258lp - GPS S5PVNJ8JV082551192 Flatbed Active $4739¢ 26000

435 1995/FORD BOOM TRUCK jF800-GPS 1FDXF80CKSVA43834 Flatbed Active S7a400 33000
FLATBED WITH

437 2008/MOFFET INTERNATIONAL |1HTMKAAN(8H668675 ~— [Flatbed Active 44124 33¢00
iNTTERNATIONAL

435 2002; ATTENUATOR 4300 THTMMAAMX2H521473~— iFiathed Active $93368 26000
FRHT BOX CORG

439 2008/BODY TK 4FVACWDT4BDA80833 [Box Active V23870 26000
APTENGATOR NO
CON W/MB SHORT

440 2008/BED RI 4000 THTMMAAMOBH540896 = [Attenuator Active T83027 25006
FRHT ATTENUATOR

444i 2068/TRUCK M2 IFVACWDT88H207664 = | Attenuator Active V29955 26000
FRHT ATTENUATOR

445K 2012FFRUCK M2 TFVACWDU8CHBJ1842 [Attenuator Active vas983 26006

446 2013) INTE Attenuator 4300 THTJTSKLXDH466916 Attenuator Active V24371 26006
HING Attenuator

447 2068/ TRUCK 268A SPVNJ8JT&82851584 Attenuator Active T83067 26000

504 2043]KETTLE TRUCK HINO - GPS S5PVNV8JT2D4S53107 Ketlie Active R15566 33000
SUPPLY TRUCK

S06 2008}LONG SED (MB) INTL - GPS THTWYAHRO9J081779 — /Flatbed Active S16876 54000

506BA
2

508 2009/KETTLE TRUCK MACK - GPS 1M2AX%04029M005349 Kettle Active 2 &2060
INTERNS KETTLE INTERNATIONAL

509 2004/TRUCK 7600 1HTWYAHR?4J082873 Kettle Active $93359 52000

510 2018/HINO 338 Kettle Truck {338 SPVNVEIV3J4S57809 Kettle Active T60563 33000

512 2012{International Flat 4000 ihtmkaan2ch0Bg080 Flatbed Active TS3770 33000

513K 2011|Intemational Kettle [7000 IHTGSSHR9BJ383878 Kettle Active V59487 54060

514 2013} International 4000 THTMSAZREDH234446 ~—sf Kettle Active V47093

INTERNATIONAL
570 2009]MMA - RED RACK 7600 THTWYAHT/S5124543 Flatbed Active 58944 64000
571 2017|Water Blaster Truck PTRB SBPPHM7XOHFS91542 =| Flatbed Active 59934 46000

20F8

Page Image
Finance Committee - Agenda - 6/17/2020 - P46

Finance Committee - Agenda - 6/17/2020 - P47

By dnadmin on Mon, 11/07/2022 - 13:29
Document Date
Fri, 06/12/2020 - 14:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/17/2020 - 00:00
Page Number
47
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__061720…

HI WAY SAFETY SYSTEMS, INC,
TRUCK EQUIPMENT LIST 2020

PAINT T7506 - IGDM7C1C7WJ520007 = [Truck

TM PAINT GMC - GPS GDM7F13X5F519551 ruck Active
PAINT MC - GPS 1GDM7F1376F 400664 ruck
PAINT D3300 - GPS 10077 Truck

PAINT GPS ruck

MOUNT T7500 GDM7C1J2VJ510207 ruck Mount

Urea TM - GPS 194840 ruck Mount

EPOXY - GPS ruck Maunt
TRUCK T8500 - GPS GDP?7C1C5XJ512292

R TRUCK
6MCDEFGKH227541

Bearer FVACKXDCX6HW84952
SWEEPER 1D

OWheel 18CY LT9500 - W38002

Dump Truck 18516
TRUCK M1AE07Y73W013878
FVACXCY1FHGH6895
PSE BEMIS
BEMIS 104
A09191523676
A09129 1523678
1A091491523679
VER MAC
201 M1A091491523679

20/0) ARROWMASTER 07452

2011;PRO Gi010BG301642
201 1A0914D1525991
201 1A0916D1525992
20 1526129
204 M1A0997101526130
20 XE59%2204
201 PU40811E59710504
201 OESS 11904
201 M1A0913F 1527380
20 AOST4F 1527386
201 TAOS 7F 1527379
2015 MiAO917F1527382
2015 M1A0912F 1527385
201 CH 1A0919F 1527383
203 LARTECH 1A0917G1528100
2016 CH M1A0910G1528102
201 M140912G1528103
201 1409146 1528099
2017 TAOQSTOH 1528831

3018

Page Image
Finance Committee - Agenda - 6/17/2020 - P47

Finance Committee - Agenda - 2/17/2021 - P20

By dnadmin on Mon, 11/07/2022 - 13:47
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
20
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer has examined all contract documents, has brought all conflicts, errors,
discrepancies, and ambiguities to the attention of the City of Nashua in writing, and has
concluded that the City of Nashua's resolution of each matter is satisfactory to Professional
Engineer. All future questions Professional Engineer may have concerning interpretation or
clarification of this contract shall be submitted in writing to the City of Nashua within 10 calendar
days of their arising. The writing shall state clearly and in full detail the basis for Professional
Engineer's question or position. The City of Nashua representative shall render a 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 or determination
of the City of Nashua. Professional Engineer is responsible for requesting clarification or
interpretation and is solely liable for any cost or expense arising from its failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Professional Engineer 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional Engineer
shall:

Immediately discontinue work on the date and to the extent specified in the notice.

Place no further orders or subcontracts 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.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or subcontracts specified in the notice, and
revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a

written notice from the City of Nashua to resume performance.

NO —

In the event of a termination, abandonment, or suspension at will, Professional Engineer shall
receive all amounts due and not previously paid to Professional Engineer for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for
work thereafter completed as specified in the notice. No amount shall be allowed or paid for
anticipated profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Professional Engineer in the event of a failure by Professional
Engineer to adhere to any or all the terms and conditions of the contract or for failure to
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

GC 4 of 12

Page Image
Finance Committee - Agenda - 2/17/2021 - P20

Finance Committee - Agenda - 2/17/2021 - P21

By dnadmin on Mon, 11/07/2022 - 13:47
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
21
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

no fault of Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45
days after the date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Professional Engineer shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.
. Provide the City of Nashua with a list of all unperformed services.

3. 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.

4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or sub contracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the City of Nashua to resume performance.

In the event of a termination for cause, Professional Engineer shall receive all amounts due and
not previously paid to Professional Engineer for work satisfactorily completed in accordance with
the contract prior to the date of the notice, less all previous payments. No amount shall be
allowed or 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 City of
Nashua by reasons of Professional Engineer's negligence. Professional Engineer shall not be
relieved of liability to the City of Nashua for damages sustained as a direct result of Professional
Engineer’s negligence, and the City of Nashua may withhold any payment to the Professional
Engineer until such time as the exact amount of damages due to the City of Nashua is determined.
All claims for payment by the Professional Engineer must be submitted to the City of Nashua
within 30 days of the effective date of the notice of termination.

If after termination for the failure of Professional Engineer to adhere to any of the terms and
conditions of the contract or for failure to 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, it is
determined that Professional Engineer had not so failed, the termination shall be deemed to have
been a termination at will. In that event, the City of Nashua shall, if necessary, make an
adjustment in the compensation paid to Professional Engineer such that Professional Engineer
receives total compensation in the same amount as it would have received in the event of a
termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party
or otherwise. In the event Professional Engineer shall cease conducting business, the City of
Nashua shall have the nght to solicit applications for employment from any employee of the
Professional Engineer assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Professional Engineer's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within
Professional Engineer's control.

GC 5 of 12

Page Image
Finance Committee - Agenda - 2/17/2021 - P21

Finance Committee - Agenda - 2/17/2021 - P22

By dnadmin on Mon, 11/07/2022 - 13:47
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
22
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

10.

11.

DISPUTE RESOLUTION The parties shall attempt to resolve any dispute related to this contract
as follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City of Nashua Representative and a Professional Engineer
Representative. 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 or
determination or direction of the City of Nashua. If the parties are unable to resolve their dispute
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 nght 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 Professional Engineer for damages because of
hindrances or delays in the progress of the work from any cause, and Professional Engineer
agrees to accept in full satisfaction of such hindrances and delays any extension of time to
perform services that the City of Nashua may provide.

INSURANCE Professional Engineer 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.
> $1,000,000 Profession Liability;
> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$ 100,000.

Professional Engineer 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 Professional Engineer are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional
Engineer. Subcontractors are subject to the same insurance requirements as Professional Engineer
and it shall be the Professional Engineer’s responsibility to ensure compliance of this
requirement.

Professional Engineer 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. Professional Engineer 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.

GC 6 of 12

Page Image
Finance Committee - Agenda - 2/17/2021 - P22

Pagination

  • First page « First
  • Previous page ‹‹
  • …
  • Page 3533
  • Page 3534
  • Page 3535
  • Page 3536
  • Current page 3537
  • Page 3538
  • Page 3539
  • Page 3540
  • Page 3541
  • …
  • Next page ››
  • Last page Last »

Search

Meeting Date
Document Date

Footer menu

  • Contact