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d. Designed to be used solely in or upon the cov-
ered “auto”,

For each covered “loss” to such equipment, a deductible
of $50 shall apply, unless the deductible otherwise appii-
cable to such equipment is less than $50, at which point
the lower deductible, if any, will apply.

COMPREHENSIVE DEDUCTIBLE — LOCATION
TRACKING DEVICE

The following is added ico SECTION IH, D. — Deducti-
ble:

Any Comprehensive Coverage Deductible shown in the
Declarations will be reduced by 50% for any “loss"
caused by theft if the covered “auto” is equipped with a
location tracking device and that device was the sole
method used fo recover the “auto”.

PHYSICAL DAMAGE LIMIT OF INSURANCE

SECTION ll, C. — Limit Of Insurance is deleted in its
entirety and replaced with the following:

The most we will pay for a “loss” in any one “accident” is
the lesser of:

1. The actual cash value of the damaged or stolen
property as of the time of the “loss”; or

2. The cost of repairing or replacing the damaged or
stolen property with other property of like kind and
quality.

This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.

AMENDMENTS TO SECTION IV —- BUSINESS AUTO
CONDITIONS

DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT
OR LOSS

The following is added to SECTION IV, A.2.a. — Duties
in The Event Of Accident, Claim, Suit Or Loss:

The notice requirements for reporting “accident” claim,
“suit” or “loss” information to us, including provisions
telated to the subsequent investigation of such “acci-
dent”, claim, “suit” or “loss” do not apply until the “acci-
dent’, claim, “suit” or “loss” is known to:

1. You, if you are an individual;
2. A partner, if you are a partnership;

3. An executive officer or insurance manager, if you
are a corporation;

4. Your members, managers or insurance manager, if
you are a limited liability company;

5. Your elected or appointed officials, trustees, board
members or your insurance manager, if you are an
organization other than a partnership, joint venture
or limited liability company.

But, this section does not amend the provisions relating

to notification of police or protection or examination of

the property that was subject to the “loss”.

Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of insurance Services Office, Inc., with its permission.

WAIVER OF SUBROGATION

SECTION WV, A.5. — Transfer Of Rights Of Recovery
Against Others To Us is deleted in its entirety and
replaced with the following:

We waive any right of recovery we may have against
any person or organization because of payments we
make for “bodily injury” or “property damage” resulting
from the ownership, maintenance or use of a covered
“auto” but only when you have assumed liability for such
“podily injury” or “property damage” in an “insured
contract". In all other circumstances, if a person or
organization to or for whom we make payment under this
Coverage Form has rights to recover damages from
another, those rights are transferred to us.

MULTIPLE DEDUCTIBLES

The following is added to SECTION IV, A. — Loss
Conditions:

lf a “loss” from one event involves two or more covered
“autos” and coverage under Comprehensive or Specified
Causes of Loss applies, only the highest applicable
deductible will be applied.

CONCEALMENT, MISREPRESENTATION OR FRAUD

The following is added to SECTION IV, B.2. —
Concealment, Misrepresentation Or Fraud:

lf you should unintentionally fail to disclose any existing
hazards in your representations to us prior fo the incep-
tion date of the policy or during the policy period in
connection with any newly discovered hazards, we will
not deny coverage under this Coverage Form based
upon such failure.

POLICY PERIOD, COVERAGE TERRITORY

SECTION IV, 8.7. — Policy Period, Coverage Terri-
tory is deleted in its entirety and replaced with the
following:

Under this Coverage Form, we cover “accidents” and
“losses” occurring:

a. During the policy period shown in the Declarations;
and

b. Within the “Coverage Territory”.

We also cover “loss” to or “accidents” involving a cov-
ered “auto” while being transported between any of
these places.

TWO OR MORE COVERAGE FORMS OR POLICIES
ISSUED BY US — DEDUCTIBLES

The following is added to SECTION IV, B.8. — Two Or
More Coverage Forms Or Policies issued By Us:

lf a “loss” covered under this Coverage Form also in-
volves a “loss” fo other property resulting from the same
“accident” that is covered under this policy or another
policy issued by us or any member company of ours,
only the highest applicable deductible will be applied.

CA 78 OSNH 07 17
Page 4 of 5

INSURED'S COPY

AMENDMENTS TO SECTION V — DEFINITIONS

BODILY INJURY INCLUDING MENTAL ANGUISH (Not
Applicable in New York}

The definition of bodily injury is deleted in its entirety and
replaced by the following:

“Bodily injury” means bodily injury, sickness, or disease
sustained by a person, including death resulting from
any of these. “Bodily injury” includes mental anguish re-
sulting from bodily injury, sickness or disease sustained
by a person.

ADDITIONS TO SECTION V — DEFINITIONS
COVERAGE TERRITORY
“Coverage Territory” means:

1. The United States of America (including its territories
and possessions), Canada and Puerto Rico; and

2. Anywhere in the world, except for any country or
jurisdiction that is subject to trade or other economic
sanction or embargo by the United States of Amer-
ica, if a covered “auto” is leased, hired, rented, or
borrowed without a driver for a period of 30 days or
less, and the insured’s responsibility to pay “dam-
ages” is determined in a “suit” on the merits in and
under the substantive law of the United States of
America (including its territories and possessions),
Puerto Rico, or Canada, or in a settlement we agree
to.

If we are prevented by law, or otherwise, from defending
the “insured” in a “suit” brought in a location described in
Paragraph 2. above, the insured will conduct a defense
of that “suit”. We will reimburse the “insured” for the rea-
sonable and necessary expenses incurred for the de-
fense of any such “suit” seeking damages to which this
insurance applies, and that we would have paid had we
been able to exercise our right and duty to defend.

EXTRA HEAVY TRUCK

“Extra Heavy Truck” means a truck with a gross vehicle
weight rating of 45,001 pounds or more.

Copyright, 2017 Selective insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED'S Copy

HEAVY TRUCK

“Heavy Truck” means a truck with a gross vehicle weight
rating of 20,001 pounds to 45,000 pounds.

LIGHT TRUCK

“Light Truck" means a truck with a gross vehicle weight
rating of 10,000 pounds or jess.

MEDIUM TRUCK

“Medium Truck” means a truck with a gross vehicle
weight rating of 10,001 pounds to 20,000 pounds.

PRIVATE PASSENGER AUTO

“Private Passenger Auto” means a four-wheel “auto” of
the private passenger or station wagon type. A pickup,
panei truck or van not used for business is included
within the definition of a “private passenger auto”.

SOCIAL SERVICE VAN OR BUS

“Social Service Van or Bus” means a van or bus used by
a government entity, civic, charitable or social service
organization to provide transportation to clients inci-
denial to the social services sponsored by the
organization, including special trips and outings.

TELEMATIC DEVICE

“Telematic Device” includes devices designed for the
collection and dissemination of data for the purpose of
monitoring vehicle and/or driver performance. This in-
cludes Global Positioning System technology, wireless
safety communications and automatic driving assistance
systems, all integrated with computers and mobile com-
munications technology in automotive navigation sys-
tems.

VOLUNTEER WORKER

“Volunteer worker” means a person who performs busi-
ness duties for you, for no financial or other compensa-
tion.

CA 78 O9NH 07 17
Page 5 of 5

THE CITY OF NASHUA “the Cate City’

Administrative Services

Purchasine Departoent

April 30 2020
Memo #20-102

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | CONTRACT FOR PAVEMENT MANAGEMENT ENGINEERING SERVICES (VALUE:
$398,230)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND

Please see the attached communication from Daniel Hudson, P.E., City Engineer, dated April 23, 2020
for information related to this contract.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The City Engineer, Board of Public Works (April 23, 2020 BPW meeting) and the Purchasing Department
recommend the approval of this contract in an amount of $398,230 to Hayner/Swanson, Inc. of Nashua,
NH.

Purchasing Manager

Cec: D Hudson L Fauteux

229 Main Street « Nashua, New Hampshire 03061 « Phone (603) 589-3330 « Fax (603) 589-3233 |

Ta:

From:

Re:

B. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 23, 2020

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

Pavement Management Engineering Services — Hayner/Swanson, Inc.

To approve the engineering services contract with Hayner/Swanson. Inc. (HSI) of
Nashua, NH in the amount of $398,230 for the management and construction
administration of the paving program. Department: 160 Admin/Engineering; Fund:
Bond; Activity: Paving.

HSI Proposal (dated January 15, 2020)

This year, Public Works is taking on a very extensive paving program which includes
22 miles of roadways. This work is to be completed using two contracts totaling
approximately $8.3 million. In addition to the new contracts there are carry over
streets from the 2019 paving propram and a proposed change order to the federally
funded program to construct ADA compliant ramps.

A professional services contract with HSI is necessary to assist City Engineering staff
with the overall management, coordination, construction administration and
observation of the paving program. The effort in construction coordination is
significant given that there will be multiple contracts with several contractors
throughout the City at the same time.

The term of this proposed contract will be from March 1, 2020 through December 1,
2020. More details of HSI’s services are in their proposal (attached). The services to
be provided on the paving program will be varied and HSI’s responsibilities may be
adjusted by the City based upon the specific needs and workload of the City staff.
DPW continues to recommend HSI for these types of services because of their
extensive experience on successful City projects, their attention to cost control and
their responsiveness to the City’s needs.

CONTRACT FOR PROFESSIONAL SERVICES

PAVEMENT MANAGEMENT ENGINEERING SERVICES

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

HAYNER/SWANSON, ENC.

and its successors, transferees and assignees (together “Professional Engineer’’)
NAME AND TITLE OF PROFESSIONAL ENGINEER

3 CONGRESS STREET, NASHUA, NH 03062

ADDRESS OF PROFESSIONAL ENGINEER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
io time requires the services of a Professional Engineer ; and

WHEREAS, it is deemed that the services of a Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer shall

furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

AG 1 of 3

DESCRIPTION OF WORK:

To provide professional services in support of, and as an extension of, the City of Nashua's
Engineering Department’s Paving Program. Services to be provided include management,
administration, and construction observation.

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work all work by
December 1, 2020, and may only be altered by the parties by a written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Professional Engineer shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

4, COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to exceed
THREE HUNDRED NINETY-EIGHT THOUSAND TWO HUNDRED THIRTY DOLLARS
($398,230.00)

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Professional Engineer has received a written exemption from the City of Nashua, Professional
Engineer shall submit monthly requests for payment for services performed under this agreement in
accordance with the values stated in the Agreement. Such requests shall be supported by such data
substantiating the Professional Engineer’s right to payment as the City of Nashua may reasonably require.
Professional Engineer shall submit monthly requests for payment for services performed under this
agreement shall be submitted as follows:

» Electronically via email to VendorAPInvoices(@NashuaNH.gov
OR

> Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please_do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved
budget. Specifically, Professional Engineer agrees to provide the following with each request for

payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a
listing of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description

of the work accomplished, problems experienced, upcoming work, any extra work carried out,
and a schedule showing actual expenditures billed for the period, cumulative total expenditures

AG 2 of3

LEGISLATIVE YEAR 2016

RESOLUTION: R-16-050

PURPOSE: Authorizing the sale of surplus Broad Street Parkway property

SPONSOR(S): Mayor Jim Donchess

ASSIGNMENT:

FISCAL NOTE: The revenue realized from the sale of eligible surplus property
must be used for the Broad Street Parkway project.

ANALYSIS

This resolution authorizes the city to sell property and remnants that are no longer needed for the
Broad Street Parkway project or for public use.

The Division of Public Works has offered the following additional information: if the property
was taken by the eminent domain process the city will first offer the property to the original
owner at the purchase price if ten years has not elapsed since the transaction. If that does not
apply, the City will use the property appraisal, along with other data (such as assessed value and
known local market conditions) to determine a target value. Proceeds from eligible properties
purchased with federal funds need to be used for the Broad Street Parkway project. The City is
free to market the parcel as it wishes, and will consider each parcel individually to determine
appropriate marketing. The NHDOT has disposed of their surplus properties by public bidding
and by having a real estate firm market as they would for private properties but recognizing a
minimum acceptable price.

Approved as to form: Office of Corooration Counsel

By: e ay ve a oo
Date: zh 2o/f

12.

13.
14.

15.

16.

17.

Your PPO Network is: Blue Cross Blue Shield

Your Utilization Review Provider is: Anthem

Eligible for coverage:

Retirees: Yes [X] No[ ] Late Entrants: Yes [ ] No [X]
Estimated Covered Units:
Covered Unit Description Units
Composite 2050

initial premium deposit accompanying this Application:
$154,693.00

COVERAGES

Other - Retirees Pre-65 Only: Yes [X] No[ ]

The Coverage shown applies only during the Policy Period from July 01, 2022 (Effective Date)
through June 30, 2023 (Expiration Date) and is further subject to all the provisions of the Policy.

A. SPECIFIC EXCESS LOSS COVERAGE [X] Yes, included [ ] No, notincluded

1) Coverage to beincluded (not included unless checked):
[X] Medical [X] Prescription Drugs
2) Specific Attachment Point: $350,000.00.
Per Covered Person.

* Specific Attachment point per covered personcannot be less than $31,000.

3) Aggregating Specific Deductible: $0
N/A

4) Specific Policy Period Maximum Reimbursement Unlimited upon satisfaction of Specific
Attachment Point per Covered Person.

5) Basis of Specific Excess Loss coverage benefit payment (Benefit Period):

Plan Benefits Incurred from July 01, 2021 through June 30, 2023
paid from July 01, 2022 through June 30, 2023.

Plan Benefits Incurred prior to the Effective Date (Run-In-Period) will be limited to:
N/A per Covered Person
N/A for all Covered Persons combined

6) Premium Rates (per month):

Covered Unit Description Amount
Composite: 050 $75.46

7) Estimated Annual Specific Premium: $1,856,316.00.

. AGGREGATE EXCESS LOSS INSURANCE [ ] Yes, Included [X] No, not included

1) Coverage to beincluded (not included unless checked):
[N/A] Medical [N/A] Prescription Drugs

2) Monthly Aggregate Factor: N/A

and

AH-MSL-1001-NH (11-21) © QBE, 2021 Page 2 of 4

billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City of
Nashua will pay Professional Engineer within 30 days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms
and progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6 NOTICES. All notices, requests, or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Mark Saunders, Sentor Staff Engineer John Vancor, P.E. — Vice President
Division of Public Works, Engineering Hayner/Swanson, Inc.

9 Riverside Street 3 Congress Street

Nashua, NH 03062 Nashua, NH 03062

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Professional Engineer may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

We Sow

City of Nashua, NH (signature) Hayne) /Swanson, Tne. (signatur ‘é)
James Donchess, Mayor Jo or C Von cor ! Vice res ie t
(Printed Name and Title) (Printed Name and Title)

A li5/2020

Date Date

AG 3 of3

ID wW Pw LP =

oo

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31.

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

CIty OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
City INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON- WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

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