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Finance Committee - Agenda - 7/20/2022 - P100

By dnadmin on Sun, 11/06/2022 - 21:47
Document Date
Fri, 07/15/2022 - 12:19
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/20/2022 - 00:00
Page Number
100
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__072020…

1.

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer’, and its
successors, transferees and assignees (together “Professional Engineer’) includes any of
the Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have
the status of and shall perform all work under this contract as a Professional Engineer,
maintaining control over all its consultants, sub consultants, contractors, or subcontractors.
The only contractual relationship created by this contract is between the City of Nashua
and Professional Engineer, and nothing in this contract shall create any contractual
relationship between the City of Nashua and Professional Engineer's consultants, sub
consultants, contractors, or subcontractors. The parties also agree that Professional
Engineer is not a City of Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees
of the City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City
of Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of
Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Engineer shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Professional Engineer warrants that all work shall be performed with
the degree of professional skill, care, diligence, and sound practices and judgment that are
normally exercised by recognized professional firms with respect to services of a similar
nature. It shall be the duty of Professional Engineer to assure at its own expense that all
work is technically sound and in conformance with all applicable federal, state, and local
laws, statutes, regulations, ordinances, orders, or other requirements. In addition to all
other rights which the City of Nashua may have, Professional Engineer shall, at its own
expense and without additional compensation, re-perform work to correct or revise any
deficiencies, omissions, or errors in the work or the product of the work or which result
from Professional Engineer's failure to perform in accordance with this standard of care.
Any approval by the City of Nashua of any products or services furnished or used by
Professional Engineer shall not in any way relieve Professional Engineer of the
responsibility for professional and technical accuracy and adequacy of its work. City of
Nashua review, approval, or acceptance of, or payment for any of Professional Engineer's
work under this contract shall not operate as a waiver of any of the City of Nashua's rights
or causes of action under this contract, and Professional Engineer shall be and remain liable
in accordance with the terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work
under this contract. The City of Nashua reserves the right to approve key personnel

GC 2 of 13

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Finance Committee - Agenda - 7/20/2022 - P100

Finance Committee - Agenda - 3/6/2019 - P317

By dnadmin on Mon, 11/07/2022 - 13:11
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
317
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR,
and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
Work; and OWNER shail be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree
as to the amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10.05. Such
claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others
destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work.

D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in

the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this
paragraph 13.09.

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values

A. The schedule of values established as provided in paragraph 2.01.A will serve as the basis for progress payments
and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of units completed.

14.02 Progress Payment

A. Review of Applications.

I. Prior to submittal of Application for Payment to OWNER (but not more often than once a month), the
CONTRACTOR shall submit the monthly progress estimate to the ENGINEER for review and approval.

2. ENGINEER will, within 10 working days after receipt of each progress estimate, either indicate in writing a
recommendation of payment or indicate in writing ENGINEER's reasons for refusing to recommend payment and
return the progress estimate to CONTRACTOR. In the latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application.

3. ENGINEER's recommendation of any payment requested in a progress estimate will constitute a representation by
ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and
qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying date
and schedules, that to the best of ENGINEER's knowledge, information and belief:

a. The Work has progressed to the point indicated;

b. The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of
the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract documents, to a final determination of quantities and classifications for Unit Price
Work under paragraph 9.08 and to any other qualifications stated in the recommendation); and

c. The conditions precedent to CONTRACTOR's being entitled to such payment appears to have been fulfilled
in so far as it is ENGINEER's responsibility to observe the Work.

4. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)
inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive,
extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other
matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR.

5. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor
ENGINEER's recommendation of any payment, including final payment, will impose responsibility on

GC - 45 of 53

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Finance Committee - Agenda - 3/6/2019 - P317

Finance Committee - Agenda - 3/6/2019 - P318

By dnadmin on Mon, 11/07/2022 - 13:11
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
318
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's
failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work.
Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any
examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the

Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free
and clear of any Liens.

6. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may
also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of
subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such
extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because:

a. The Work is defective, or completed Work has been damaged, requiring correction or replacement;
b. The Contract Price has been reduced by Written Amendment or Change Orders;

c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph
13.09; or

d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A.

B. Applications for Payments.

1, CONTRACTOR shall submit to OWNER the ENGINEER recommended Application for Payment filled out and
signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such
supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials
and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed
to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation
warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the
materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's
interest therein, all of which must be satisfactory to OWNER. Any request for partial or final payment shall
specifically list the work completed. To facilitate the proper and timely payment of applications, the OWNER
requires that all applications must reference a valid PURCHASE ORDER NUMBER, as submitted to
CONTRACTOR under the Notice to Proceed, be in original format; OWNER will not authorize payments from carbon
or Xerox copies, and mailed directly to the following address:

City of Nashua

Accounts Payable

PO Box 2019

Nashua, NH 03061-2019

Attn: Division of Public Works

2. Beginning with the second Application for Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress payments received on account of the Work have been applied
on account to discharge CONTRACTOR'S legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be stipulated in the Agreement.

C. Payment Becomes Due

1. Not more than 30 days after presentation of the application for payment to OWNER with ENGINEER’s
recommendation, the amount recommended will become due, and when due will be paid by OWNER to
CONTRACTOR.

GC - 46 of 53

Page Image
Finance Committee - Agenda - 3/6/2019 - P318

Finance Committee - Agenda - 3/6/2019 - P319

By dnadmin on Mon, 11/07/2022 - 13:11
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
319
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

D. Reduction in Payment.
1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because:

a. Claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the
Work;

b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific
Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens;

c. There are other items entitling OWNER to a set-off against the amount recommended; or

d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a
through 14.02.B.5.c or paragraph 15.02.A.

2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give
CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and
promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall
promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action.

3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully
withheld shall be treated as an amount due as determined by paragraph 14.02.C.1.

14.03 CONTRACTOR’S Warranty of Title

A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any

Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of
payment free and clear of all Liens.

14.04 Substantial Completion

A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status
of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the
date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to
make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If
after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will
within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation to division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities,
insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so
inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment.

GC - 47 of 53

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Finance Committee - Agenda - 3/6/2019 - P319

Finance Committee - Agenda - 3/6/2019 - P320

By dnadmin on Mon, 11/07/2022 - 13:11
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
320
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

14.05 Partial Utilization

A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been
identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a
separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without
significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior
to Substantial Completion of all the Work subject to the following conditions.

1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the
Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR
agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and
ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of
completion. If ENGINEER does not consider that part of the Work to be substantially complete, the provisions of
paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access thereto.

2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of
paragraph 5.10 regarding property insurance.

14.06 Final Inspection

A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a_ final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective.

CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such
deficiencies.

14.07 Final Payment

A. Application for Payment

1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified
during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and
operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of
inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR
may make application for final payment following the procedure for progress payments.

2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents, including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and

legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in
connection with the Work.

3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases
and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or
OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against any lien.

GC - 48 of 53

Page Image
Finance Committee - Agenda - 3/6/2019 - P320

Finance Committee - Agenda - 3/6/2019 - P321

By dnadmin on Mon, 11/07/2022 - 13:11
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
321
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

B. Review of Application and Acceptance

1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and
ENGINEER's review of the final Application of Payment and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the
final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the
Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to
OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09.
Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the

reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary
corrections and resubmit the Application for Payment.

C. Payment Becomes Due

1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation,
the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to
CONTRACTOR.

14.08 Final Completion Delayed

A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so
confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of
ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or
corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment.

Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute
a waiver of Claims.

14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. A waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which
are still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.01 Termination, Abandonment, or Suspension at Will
The OWNER, 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 OWNER chooses to terminate, abandon, or suspend all or part of the project, it shall provide

CONTRACTOR 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, CONTRACTOR shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.

2. 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.

GC - 49 of 53

Page Image
Finance Committee - Agenda - 3/6/2019 - P321

Finance Committee - Agenda - 3/6/2019 - P322

By dnadmin on Mon, 11/07/2022 - 13:11
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
322
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the OWNER 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 OWNER 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
OWNER to resume performance.

In the event of a termination, abandonment, or suspension at will, CONTRACTOR shall receive all amounts due and
not previously paid to CONTRACTOR 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.

15.02 Termination for Cause

This agreement may be terminated by the OWNER on 10 calendar day’s written notice to CONTRACTOR in the event
of a failure by CONTRACTOR to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the OWNER, to complete or make sufficient progress on the work in a timely and
professional manner. CONTRACTOR shall be given an opportunity for consultation with the OWNER prior to the
effective date of the termination. CONTRACTOR may terminate the contract on 10 calendar days written notice if,

through no fault of CONTRACTOR, the OWNER fails to pay CONTRACTOR for 45 days after the date of approval
by the OWNER of any Application for Payment.

Upon receipt of notice of termination for cause, CONTRACTOR shall:

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

2. Provide the OWNER 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 OWNER 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 OWNER 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 OWNER to resume performance.

In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not previously paid to
CONTRACTOR 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
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 within 30 days of the effective date of the notice of termination.

If after termination for the failure of CONTRACTOR to adhere to any of the terms and conditions of the contract or for
failure to satisfactorily, in the sole opinion of the OWNER, to complete or make sufficient progress on the work in a
timely and professional manner, it is determined that CONTRACTOR had not so failed, the termination shall be
deemed to have been a termination at will. In that event, the OWNER shall, if necessary, make an adjustment in the
compensation paid to CONTRACTOR such that CONTRACTOR receives total compensation in the same amount as it
would have received in the event of a termination-at-will.

15.03 General Provisions for Termination

GC - 50 of 53

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Finance Committee - Agenda - 3/6/2019 - P322

Finance Committee - Agenda - 12/2/2020 - P109

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Wed, 11/25/2020 - 15:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/02/2020 - 00:00
Page Number
109
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120220…

THE CITY OF NASHUA “The Cate City

Administrative Services
Purchasing Departeient

November 20, 2020
Memo #21-058

FO: Mayor Donchess
Finance Committee

SUBJECT: Twa (2) Six Wheel Cab Trucks & One (1) International CV515 Truck in the amount of
$243,272 funded from account 81500 Vehciles/Trust/FY21CERF

Please see attached communications from Jon lbara, Superintendent of the Street Department, dated
November 19, 2020 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

item:

Value

Vendor:
Department:
Source Fund:

Ordinance:

One 2020 CV515 SFA International Truck & Two 2021 HVS07 SFA 4x2 Cab &
Chassis Trucks

CV515 1 @$67,472 ea
HV507 2 @$87,900 ea
For a total of $243,272

Liberty International Trucks of NH
161 Streets
$1500 Vehciles

Pursuant to § 5-84 Special purchase procedures A/(3) Purchases which can be
procured through cooperative intergovernmental purchase agreements with
other governmental jurisdictions.

This purchase will be utilizing a government agency contract from the State of New Hampshire.

The Board of Public Works (11/19/20 BPW Meeting], the Department of Parks & Recreation, and the
Purchasing Department respectfully request your approval of this contract,

Regards,
Kelly Parkinson

Purchasing Manager

Ce: C O'Connor
J lbara

229 Main Street « Nashua, New Hampshire 03061 » Phone (603) 589-3390 » Fax (603) 599-3233 |

Page Image
Finance Committee - Agenda - 12/2/2020 - P109

Finance Committee - Agenda - 12/2/2020 - P110

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Wed, 11/25/2020 - 15:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/02/2020 - 00:00
Page Number
110
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120220…

To:

From:

Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: November19, 2020

Jonathan Ibarra
Superintendent Street Department

Purchase of (2) Six Wheel Cab and Chassis Trucks

To approve the purchase of (2) 2021 HV507 SFA 4x2 Cab and Chassis from
Liberty International of Manchester, NH for the price of $87,900 each for a total
of $175,800. Funding will be through Department: 161 Street; Fund: Trust;
Activity: CERF.

Quote sheet, Vehicle history report

The Street Department has two six-wheel dump trucks on CERF for FY21.
Liberty International has quoted off the State of New Hampshire bid.

The cab and chassis will be replacing vehicle #13-119 that has 32,000 miles and
8,326 engine hours which is equivalent to approximately 249,780 miles per
industry standard of 30 miles per engine hour. This truck has extensive corrosion
on the cab understructure and cab floor and the engine has ongoing electrical
problems with harness corrosion causing reliability concerns and breakdowns.

Also being replaced is truck #13-120 that has 33,000 miles and 8,391 engine
hours that is equivalent to approximately 251,730 miles per industry standard of
30 miles per engine hour. This truck also has extensive corrosion to the cab
understructure and floor. The engine components have been failing from
corrosion to the mating surfaces causing fluid leaks and breakdowns.

The Cab and Chassis will be out-fitted like for like except that instead of a live
floor body, the trucks will have a V-box spreader and brine capabilities.

The trucks being replaced will be kept as backline units until no longer feasible to
repair.

Page Image
Finance Committee - Agenda - 12/2/2020 - P110

Finance Committee - Agenda - 12/2/2020 - P111

By dnadmin on Mon, 11/07/2022 - 13:24
Document Date
Wed, 11/25/2020 - 15:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/02/2020 - 00:00
Page Number
111
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120220…

To:

From:

Re:

D. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: November 19, 2020

Jon Ibarra, Superintendent
Street Department

Purchase of (1) 2020 International CV515 SFA Cab and Chassis.

To approve the purchase of (1) 2020 International CV515 SFA Cab and Chassis
from Liberty International of Manchester, NH in the amount of $67,472. Pursuant
to the State of New Hampshire Contract #8002661. Funding will be through
Department: 161 Street; Fund: Trust; Activity: CERF.

Quote from Liberty International, Vehicle history report

This scheduled CERF purchase will replace the Street Department’s truck unit
#12-017, a 2012 Ford F550 CNG pickup truck. The vehicle currently has 45,191
miles and 8325 hours on it. Unit #12-017 has is showing excessive corrosion to
the undercarriage, body and hydraulic components. The purchase of the CV515
cab and chassis will be a like for like purchase with the exception of the CNG fuel
option as it is no longer offered by the manufacturer,

The Street Department will remove a 1 year old body from the mason’s truck
07-033 which was taken out of service in July for failing state inspection for
frame corrosion/damage and install the body on the new cab and chassis. Vehicle
12-17 will be kept as a backup unit until it reaches a point where repairs cannot be
justified.

The new Intemational CV515 is more robust than the F550 and will come with a
6.6 liter diesel engine and automatic transmission and a new 9’ Fisher plow. The
truck comes with a3 year bumper to bumper warranty, 60 months or 100,000
mile engine warranty, axles 3 year or 36,000 miles and a 60 month unlimited
mileage warranty on cab/structure and corrosion.

The Superintendent and Fleet Manager both recommend this purchase.

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Finance Committee - Agenda - 12/2/2020 - P111

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