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after giving the Contractor and the Contractor's surety, if any, seven days’ written notice, terminate employment of the
Contractor and may, subject to any prior mghts of the surety:
1 Exciude the Contractor from the site and take possession of all materials, equipment, tools, and
construction equipment aod machinery thereon owned by the Contractor;
2 Accept assignment of subcontracts pursuant to Section 5.4, and
Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request
of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred
by the Owner ino finishing the Work.

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the
Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall
survive termination of the Contract

§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
whole or in part for such period of time as the Owner may determine.

§ 14.3 2 The Contract Sum and Contract Time may be adjusted for increases in the cost and time caused by suspension,
delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum may include profit. No
adjustment shall be made to the extent
A that performance is, was or would have been so suspended, delayed or interrupted by another cause for
which the Contractor 1s responsible; or
2 that an equitable adjustment is made or denied under another provision of the Ccntract

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause

§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the
Contractor shall
1s cease operations as directed by the Owner in the notice,
2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work,
and
3 except for Work directed to be performed prior to the effective date of termination stated in the notice,
terminate all existing subcontracts and purchase orders and enter into no further subcontracts and
purchase orders
4 assist Owner in the orderly transition of the Work to another contractor of the Owner's choosing or
to the Owner in the Owner's sote discretion

§ 14.4.3 In case of such termination for the Owner's convenience, the Contraclor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such terminationon the Work not executed.

ARTICLE 16 CLAIMS AND DISPUTES

§ 15.1 CLAIMS

§ 15.1.1 DEFINITION

A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief
with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question
between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims
shall rest with the party making the Claim

AIA Oocument A204" - 2007 Copyrighl © 19114, 1915, 1918, 1925, 1937, 1951, 1958, $961, 1963. 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Insitute of Architects All rights reserved, WIARNING: This AIA' Document is projected by U.S. Copyright Law and Infernationat Traatas. Unauthorized = 96
reproduction of distnbuban of this AIA’ Documant, of any portion of il, may cesullin severe civit and criminal penalties, and will be prosecuted lo the
maszimum extent poss ble under the law This document was produced by AIA software at 14:10.20 ET an 01/10/2020 under Order No 1403731939 which

eapires on 09/22/2020, and s nol for resale
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§ 15.1.2 NOTICE OF CLAIMS
Claus by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.

§ 15.1.3 CONTINUING CONTRACT PERFORMANCE

Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Arhcle 14,
the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue
Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

§ 15.1.4 CLAIMS FOR ADDITIONAL COST
If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall

be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
endangering life or property arising under Section 10.4.

§ 15.1.5 CLAIMS FOR ADDITIONAL TIME
§ 15.1.5.1 Ifthe Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor's Claim shall include an estimate of cost aod of probable effect of delay on

progress of the Work. In the case of a continuing delay, only one Claim is necessary.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented
by data substantiating that weather conditians were abnormal for the period of time, could not have been reasonably
anticipated and had an adverse effect on the scheduled construction.

§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this
Contract. This mutual waiver includes
A damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for foss of management or employee productivity or of the services of such
persons, and
.2 damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit except
anticipated profit arising directly from the Work

This mutual] waiver is applicable, without limitation, to all consequential! damages due to either party's termination in
accordance with Article 14. Nothing contained in this Section 15.1 6 shall be deemed to preclude an award of
liquidated damages, when applicable, in accordance with the requirements of the Contract Documents

(Paragraphs deleted)
§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but 1s not obligated to, notify the surety, ifany,

of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may,
but is not obligated to, notify the surety and request the surety's assistauce in resolving the controversy

§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines

§ 15.3 MEDIATION
§ 15.3.4 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived

as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 may be subyect to mediation

§ 15.3.2 The parties may endeavor to resolve their Claims by mediation A request for mediation shall be made in
writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation

§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally The mediation shall be held 10 the place
where the Project is located, unless another location 1s mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof

AIA Document A201'* - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958 1961, 1963, 1966, 1970, 1976 1987, 1997 and 2007 by The American

Init Institute of Architects. All dghts reserved. WARNING: This AIA Document is protected by US. Copyright Law and International Treatias Unauthorized 36
teproduction or distribut on of this AIA* Document, os any portion of it, may result in severe civil and ccminal penalties, and will be prosecuted lo the
i maximum extent possible under the law This document was produced by AIA soflvare at 14 10 20 ET on 01/10/2020 under Order No. 1403731939 viinch
expires on 09/22/2020, and is not for resale.
(1145984853)

User Notes:

§ 15.4 ARBITRATION
§ 15.4.1 [otentionally omitted
§ 15.4.1.1 Intentionally omitted.

| § 15.4.2 Intentionally omitted.
§ 15.4.3 [ntentionally omitted.

§ 15.4.4 CONSOLIDATION OR JOINDER Intentionally omitted.

(Paragraphs deleted}

init AIA Document A201 "™ - 2007. Copyright @ 1911, 1915 1916. 1925, 1937, 1951, 1958, 1961 1963, 1966. 1970. 1976 1987. 1997 and 2007 by The Amencan
doa fnsttute of Architects. Alb rights reserved WARM'HG Tins AIA* Documentis protected by US Copynght Law and International Treaties Unaythonzed 97
reproduction or distribution of this AIA’ Document, or any portion of rl, may result in severe civil aad cr minal penalties, and willbe prosecuted lothe ~
f mazimum extent possible under the law This document was produced by AA soll, sare al 14:10:20 ET 0 0110/2020 under Order Mo 1403731939 which
expires on 0922/2020, and is not for cesale
User Noves: (1145984853)

Certification of Document’s Authenticity
AIA® Document D401™ — 2003

{, William E. Stevens, President, hereby certify, to the best of my knowledge, information and belief, that J created the
attached final document sinnultaneously with its associated Additions and Deletions Report and this certification at
$4:10:20 ET on 01/10/2020 under Order No. 1403731939 from ALA Contract Documents software and that in
preparing the attaetd final document | made no changes to the original text of ALA® Document A201 ™ - 2007,
General Cofigaiots of the Contract for Construction , as published by the ALA in its software, other than those

additions arf¢dp}etions shown in the associated Adduiday and Deletions Report.
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4A Document 0401'™ — 2003, Copyright @ 1992 and 2003 by The Ame ican Inslitute of Architects All rights cesarvad WARNING: This AIA’ Document is
prolected by US Copyright Law and iniernational Treales Unautho-ized ¢eproduction or d-siribution of ihis AIA‘ Document, of any portion of it, may
result in severe cevil and criminal penaltes and will be prosecuted to the maszimum eatent possible under the law This document was produced by AIA
sohwara at 14 10 20 ET on 01/10/2020 under Oder Mo 4443735939 which expires an 09/22/2020 and -s not fox resale

User Hotes: (1145984953)

THE CITY OF NASHUA
CONSTRUCTION OF A NEW ADMINISTRION OFFICE BUILDING
HOURLY RATE SCHEDULE
EXHIBIT “B”
5/03/2021

Harvey Construction Corporation Rate Schedule Construction Management Services

Construction Personnel Rate

Project Executive $ 125.00
Sr, Project Manager $ 115.00
Project Manager $ 100.00
Assistant Project Manager $ 75.00
Project Engineer $ 60.00
General Superintendent $ 125.00
Superintendent $ 105.00
Layout Engineer $ 75.00
Laborer Foreman $ 68.00
Laborer $ 60.00
Project Accountant $ 65.00

Rates do not include overtime or night work.

All rates are subject to annual review.

ROBERT J. BARTIS
86 Broad Street
PO BOX 259
Hollis NH 03049
603-318-6456
bbartis@bartislaw.com

EMPLOYMENT:

Attorney, General Practice, Licensed to practice in NH since 2000
Practice Areas: Criminal Law, Civil Litigation, Divorce/Family Law, Probate, Estate
Planning, Personal Injury, Business Law.

May 2000- May 2001 and December 2010 to Present
Bartis Law Offices, PLLC Owner/Attorney
102 Amherst Street Nashua, NH 03064

Oct 2006-Dec 2010
Bernstein, Bartis and Mello PLLC, Owner/Partner
21 Temple Street Nashua, NH 03060

May 2004-Oct 2006
Law Offices of Paul S. Moore, PLLC/Associate Attorney
23 Factory Street, Nashua, NH 03060

May 2001-May 2004
Law Offices of Randell E. Wilbert, PLLC/Associate Attorney
221 Main Street, Nashua NH 03060

Non Attorney Employment
March 2017-present
WSMN Radio, Owner, Broadcaster
196 Main Street, Nashua NH 03060

March 2016-May 2019
Avalon Ink, Tattoo Shop, Part Owner
Nashua NH 03060

July 1999-June 2007
NH Technical Institute, Adjunct Professor
Probate, Wills and Trusts, Family Law, Civil Litigation, Business and Bankruptcy.

Jan 1993 to May 2000

Hillsborough County Sheriffs Department,

Deputy Sheriff, Certified NH PT Police Acadamy Nov 1993
Court House Security/Bailiff 12 Spring Street, Nashua NH

THE CITY OF NASHUA
CONSTRUCTION OF A NEW D.P.W. ADMINISTRATION OFFICE BUILDING
CERTIFICATE OF INSURANCE
EXHIBIT “C”
5/03/2021

i
ACCORD
Nese”

CERTIFICATE OF LIABILITY INSURANCE

[cate (amopyyyy ~~)
5/3/2021

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
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

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 policles may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In fleu of such endorsement(s).

PRODUCER aaeEC’ Jennifer Letendre
THE ROWLEY AGENCY INC. FacNe cin. (603) 224-2562 Fe wor, s609220-0012
45 Constitution Avenue Stoness; Jle@tendre@rowleyagency .com
&.0. Box 511 INSURERS) AFFOROING COVERAGE WAIC
Concord NH 03302-0511 INSURERA.Firemen's Ins Co of Wash. DC 21784
RNSURED INSURERS Acadia Insurance Company 31325
Harvey Construction Corporation wsurere Liberty Insurance Underwriters, Inc 19917
10 Harvey Road INSURER 0:
INSURER E.
Bedford NH 03110 INSURER F:
COVERAGES CERTIFICATE NUMBER:19/20 CERT w/20/21 WC 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 REC REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE iSSVED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TC ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS
AOOL[SUBR
INS TYPE OF INSURANCE POLICY NUMBER a pas LIMITS
X | COMMERCIAL OENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
[DAMAGE TO RENTED
A | cuwms.tace | x ] occur kes 300,000
| CPA0184919-23 7401/2019 | 7/01/2020 | MEO EXP tAny one parsony | $ 5.000
| PERSONAL BAOVNUURY | $ 1,000,000
GENL AGGREGATE UMIT APPLIES PER GENERAL AGGREGATE $ 2,900,000
POLICY | x [22 | sroc PROOUCTS - COMP/OPAGG | $ 2,000,000
OTHER: Employes Banatss $ 1,000,000
AUTOMOBILE LIABILITY COMBINE D SINGLE LIMIT $ 1,000,000
A i ANY AUTO: BODILY INJURY (Per person) | $
x Autos Neo ares” CAAC144920-23 9704/2029 | 9/01/2020 | BODILY (NJURY (Per accident) | $
x) NCN OWNED PROPERTY OAMAGE
_X | nireo autos AUTOS {Per scardent s
| Uninsured motorist Bi-single ima | $ 1,000, 000
umereLAuas — | X | occur €UA5402622-10 EACH OCCURRENCE $ 10,000,000
B LX | Excesstias CLAIMS.MADE AGGREGATE $ 10,000,000
peo | X [RETENTION s 0 7/01/2019 | 7/01/2020 $
WORKERS COMPENSATION OTT
AND EMPLOYERS’ LIABILITY on SOS da bh a 2 xi sranure | [eR
ANY PROPRIETORIPARTNER/E XECUTIVE
OFFICERMEMBER EXCLUDED? [N NIA EL_EACH ACCIDENT s $00,000
A | (Mandatory in NH} NPAO242726-22 3/01/2020 3/01/2021 | EL DISEASE . EAEMPLOVEE | $ $00,000
Ives, duscibe undss
OE SCRIPTION OF OPERATIONS betow EL OISEASE -POLICYiMaT | $ $00,000
C | excess Liability 1000307691-01 7/01/2019 | 7/01/2020 | EXCESS nebtityacc 15,000,000
DESCRIPTION OF OPERATIONS # LOCATIONS / VEHICLES (ACORD 101, Addie Ramerks Schedule, mey be had [f mors epece (a requirsd)

Croject: New D.0.W. Administration office Building, Four Hills Landfill, 640 W Hollis Street, Nashua NH
03062. The City of Nashua and HKT Architects and their consultants are additional insureds w/respects to
general liability when required by written contract.

CERTIFICATE HOLDER

CANCELLATION

City of Nashua
229 Main St
Nashua, NH 063060

SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN
ACCOROANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

CK CG

BIE Simpson/JLP

ACORD 25 (2014/01}
INSO25 (ac1dot;

© 1988-2014 ACORD CORPORATION. All rights reserved.

The ACORO name and logo are registered marks of ACORO

Jim Donchess

Mayor e City of Nashua
To: Board of Aldermen
From: Mayor lim Donchess
Date: November 22, 2021
Re: Multi-Year Contract Award — Streamgage Equipment, Operation and Maintenance

Pursuant to NRO: § 5-74/B8: Acontract that extends from the current fiscal year into succeeding
fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the December 1, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Streamgage installation, operation and maintenance on the

Merrimack River downstream of the confluence of the Nashua and
Merrimack Rivers and east of the Nashua levee.

Value: $25,850
Vendor: U.S. Geological Survey (USGS)
Purchasing Memo#: 22-193 dated November 22, 2021
Contract Term: 3 Years

Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 + NashuaMavord NashuaNH.gov
www, NashuaNH gov

To:

From:

Re:

E. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: November 18, 2021

Daniel Hudson, P.E., City Engineer
Engineering Department

Merrimack River Streamgage - U.S. Geological Survey Three-year Agreement

To approve a three-year Joint Funding Agreement with the U. S. Geological Survey,
New England Water Science Center, New Hampshire- Vermont Office, Pembroke,
New Hampshire for installation and maintenance of a Streamgage on the Merrimack
River in the amount of $25,850. Funding will be through: Department: 169
Wastewater; Fund: Wastewater; Activity: Merrimack River Levee.

Following the flooding events of 1936 and 1938, the National Weather Service
monitored changes in elevation of the Merrimack River in Nashua, NH at the Taylor
Falls Bridge, from March 1939 through September 1953. In 1964 the City of Nashua
installed a staff gage on the western most pier of the Taylor Falls Bridge (NH Route
111 west), which is still! monitored by City personnel.

In 2009, with the help of NH Department of Environmental Services, the City
reinstalled a real-time monitoring station to continuously measure river elevation at the
site. This information benefited the City by providing river height during large wet
weather events such as the May 2006 Mother’s Day floods, but the streamgage fell into
disrepair and is currently inoperable and unrepairable.

The United States Geological Survey (USGS) is interested in reinstalling a streamgage
at this location, downstream of the confluence of the Nashua and Merrimack Rivers,
and east of the Nashua levee. Through a joint agreement, USGS will install new state
of the art equipment, and provide operation and maintenance on an ongoing basis. The
data collected at the streamgage will be publicly available via the USGS WaterAlert
and WaterNow systems, providing information critical to the City’s levee operation
and maintenance and emergency management efforts.

Funding for this three year joint project will be shared as follows:

Responsible Party

City of Nashua USGS
Element FY22 FY23 FY24 FY22
Installation of gaging stations | $3,800 $14,300
Operation and maintenance $7,200 $7,350 $7,500
Total $11,000 $7,350 $7,500 $14,300

The City will be invoiced annually for its share, at a total cost of $25,850 over the three
year term of the agreement.