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22.

23.

24.

25.

26.

modify such infringing materials, concepts, products, or processes so they become non-
infringing, or to obtain the necessary licenses to use the infringing materials, concepts,
products, or processes, provided that such substituted or modified materials, concepts,
products, or processes shall meet all the requirements and be subject to all the terms and
conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Independent
Contractor shall notify the City of Nashua in writing of the date of the completion of the
work and request confirmation of the completion from the City of Nashua. Upon receipt
of the notice, the City of Nashua shall confirm to Independent Contractor in writing that
the whole of the work was completed on the date indicated in the notice or provide
Independent Contractor with a written list of work not completed. With respect to work
listed by the City of Nashua as incomplete, Independent Contractor shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final
acceptance of a project by the City of Nashua shail be the date upon which the Board of
Public Works or other designated official accepts and approves the notice of completion.

TAXES Independent Contractor shall pay all taxes, levies, duties, and assessments of
every nature due in connection with any work performed under the contract and make
any and all payroll deductions required by law. The contract sum and agreed variations
to it shall include all taxes imposed by law. Independent Contractor hereby indemnifies
and holds harmless the City of Nashua from any liability on account of any and all such
taxes, levies, duties, assessments, and deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this
contract shall be considered waived by the City of Nashua. There shall be no waiver of
any past or future default, breach, or modification of any of the terms and conditions of
the contract unless expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES ‘The duties and obligations imposed by the contract and the
rights and remedies available under the contract shall be in addition to and not a
limitation of any duties, obligations, rights, and remedies otherwise imposed or available
by law.

PROHIBITED INTERESTS Independent Contractor shall not allow any officer or employee
of the City of Nashua to have any indirect or direct interest in this contract or the
proceeds of this contract. Independent Contractor warrants that no officer or employee of
the City of Nashua has any direct or indirect interest, whether contractual,
noncontractual, financial or otherwise, in this contract or in the business of Independent
Contractor. If any such interest comes to the attention of Independent Contractor at any
time, a full and complete disclosure of the interest shall be immediately made in writing
to the City of Nashua. Independent Contractor also warrants that it presently has no
interest and that it will not acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to be performed under
this contract. Independent Contractor further warrants that no person having such an
interest shall be employed in the performance of this contract. If City of Nashua
determines that a conflict exists and was not disclosed to the City of Nashua, it may
terminate the contract at will or for cause in accordance with paragraph 8.

GC 11 of 13

27.

28.

29

30.

31,

In the event Independent Contractor (or any of its officers, partners, principals, or
employees acting with its authority) is convicted of a crime involving a public official
arising out or in connection with the procurement of work to be done or payments to be
made under this contract, City of Nashua may terminate the contract at will or for cause
in accordance with paragraph 8. Upon termination, Independent Contractor shall refund
to the City of Nashua any profits realized under this contract, and Independent Contractor
shall be liable to the City of Nashua for any costs incurred by the City of Nashua in
completing the work described in this contract. At the discretion of the City of Nashua,
these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

Independent Contractor warrants that no gratuities (including, but not limited to,
entertainment or gifts} were offered or given by Independent Contractor to any officer or
employee of the City of Nashua with a view toward securing a contract or securing
favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City of Nashua
determines that such gratuities were or offered or given, it may terminate the contract at
will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as
a waiver of any other rights or remedies available to the City of Nashua under this
contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent
Contractor, including any of their respective agents or employees, shall not be liable to
third parties for any act or omission of the other party. This contract is not intended to
create any rights, powers, or interest in any third party and this agreement is entered into
for the exclusive benefit of the City of Nashua and Independent Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that
by their nature survive termination or completion of this contract shall remain in full
force and effect.

.SEVERABILITY In the event that any provision of this contract is rendered invalid or

unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or
regulations, the invalidity or unenforceability of any particular provision of this contract
shall not affect any other provision, the contract shall be construed as if such invalid or
unenforceable provisions were omitted, and the parties may renegotiate the invalid or
unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability,

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the
entire contract between the City of Nashua and Independent Contractor. The parties shall
not be bound by or be liable for any statement, representation, promise, inducement, or
understanding of any kind or nature not set forth in this contract. No changes,
amendments, or modifications of any terms or conditions of the contract shall be valid
unless reduced to writing and signed by both parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of
the State of New Hampshire and any claim or action brought relating to this contract, the

GC 12 of 13

work performed or contracted to be performed thereunder, or referable in anyway thereto
shall be brought in Hillsborough County (New Hampshire) Superior Court Southern
Judicial District or in the New Hampshire 9th Circuit Court--Nashua and not elsewhere.

GC 13 of 13

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

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

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

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

Work Order No. 6

EXHIBIT D

THIRD PARTY SOFTWARE

The Software includes the following Third-Party Software: (i) CSC’s Sisense System, and (ii) one or more of
the following Sisense software products at CSC’s discretion (“Sisense Products”) and delivered in object code

only.

1,

Sisense (“Sisense”) software

Customer’s use of the BOA Products shall be subject to the following additional terms and conditions:

1.

Customer acknowledges that the Sisense Products are the intellectual property of Sisense
(“Sisense”). Customer may use the Sisense Products to create reports and dashboards using data
contained in the Assure Claims System and data contained in third party products used in
conjunction with the Assure Claims System. Customer may use the Sisense Products to create
reports and dashboards directly from third party product data used in conjunction with the Assure
Claims System, however Customer shall not be permitted in any instance to use the Sisense
Products to report solely on data generated from third party products.

Customer acknowledges that the Sisense Products (and the components thereof) contains unique,
confidential and secret information and are the trade secret and confidential proprietary product
of Sisense. Customer further acknowledges that Sisense (and the components thereof) contains
unique, confidential and secret information and is the trade secret and confidential proprietary
product of CSC. Customer shall not allow any person or entity to copy the Assure Claims System
in whole or in part in any manner except as permitted in herein. Customer shall not disclose or
otherwise make the Assure Claims System available to any person or entity other than employees
of Customer required to have such knowledge for normal use of the System. Customer agrees to
obligate each such employee to a level of care sufficient to protect the Assure Claims System
from unauthorized use or disclosure. These obligations are independent covenants and shall
continue after this Work Order is terminated

Rhodes — SR-0020110502 - GDC 12 of 12

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

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