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until the submitting party has delivered the written statement of its position and full documentation to the other party.
The parties shall then attempt to resclve the dispute through good faith efforts and negotiation between the OWNER
Representative and a CONTRACTOR Representative. At all times, CONTRACTOR shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract or determination or
direction of the OWNER. If the parties are unable to resolve their dispute as described above within 30 days, the
parties may request that the dispute be submitted to the Board of Public Works for resolution. If the parties are
dissatisfied with the decision of the Board of Public Works, the parties’ reserve the right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.
ARTICLE 17 - MISCELLANEOUS

17.01 Giving Notice

A. Whenever any provision of the Contact Documents requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation
for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.

17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first
and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation,

17.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to
the parties hereto are in addition to, and are not to be construed in any way as a limitation or, any rights and remedies
available to any or all of them which are otherwise imposed or available by Laws and Regulations, by special warranty
or guarantee, or by other provisions of the contract Documents, and the provisions of this paragraph will be as effective
as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and
remedy to which they apply.

17.04 Survival of Obligations

A. All representations, indernifications, warranties, and guarantees made in, required by, or given in accordance with
the Contract Documents, will survive final payment, completion, and an acceptance of the Work or termination or
completion of the Agreement.

17.05 Controlling Law

A. 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 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 Cireuit Court---Nashua and not elsewhere

17.06 Access to Records
A. At all times during regular business hours, CONTRACTOR shall provide full and free access to the OWNER,
ENGINEER, and State of New Hampshire to any books, documents, papers, and records related to the work for the

purpose of examination, audit, and duplication. The CONTRACTOR shall maintain all required accounts, records, and
books for three years after final completion of the work.

GC - 52 of 53

17.07 Road Closures and Traffic Delays

A. Partial or full closure of streets in order to facilitate construction will be permitted, or required by the Engineer in
accordance with the following:

1. If the CONTRACTOR proposes a closure, the CONTRACTOR notifies the OWNER in writing at least 5 days
prior to the proposed closure of his intent to close the road.

2. At least 5 days prior to the proposed closure, the CONTRACTOR shail submit a detour traffic plan for each
location being detoured.

3. The CONTRACTOR shall install standard traffic control devices in accordance with the Detour Signage plan
provided in the bid documents and the Manual on Uniform Traffic Control Devices (MUTCD.)

4, The detour signage shall be covered when the road closure is not in effect.

B. CONTRACTOR shall notify the following agencies of any traffic delays or road closures three days in advance of
the work:

Nashua Police Department: (603) 594-3500
Nashua Fire Department: (603) 594-3652
School Bus Garage: (603) 594-4300
Nashua Solid Waste Department {603) 589-3410
Nashua Building Department (603) 589-3080

17.08 Prohibited Interests

A. CONTRACTOR shall not allow any officer or employee of the OWNER to have any indirect or direct interest in
this contract or the proceeds of this contract CONTRACTOR warrants that no officer or employee of the OWNER has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of CONTRACTOR. If any such interest comes to the attention of CONTRACTOR at any time, a full and
complete disclosure of the interest shall be immediately made in writing to the OWNER. 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.
CONTRACTOR further warrants that no person having such an interest shall be employed in the performance of this
contract. If OWNER determines that a conflict exists and was not disclosed to the OWNER, it may terminate the
contract at will or for cause in accordance with Article 15.02.

B. In the event 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 may terminate the contract at will or for cause in accordance with
paragraph 9, Upon termination, Contractor shall refund to the City any profits realized under this contract, and
Contractor shall be liable to the City for any costs incurred by the City in completing the work described in this
contract. At the discretion of the City, these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

C., Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered or given by
Contractor to any officer or employee of the City 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 determines that such gratuities were or offered or given, it may terminate the contract at will or
for cause in accordance with Article 15.02.

D. 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 under this contract or at law.

GC - 53 of 53

DIVISION 7

PROSECUTION OF WORK

— Per 7 — —

R-16-050
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Tom Lopez
AUTHORIZING THE SALE OF SURPLUS BROAD STREET PARKWAY PROPERTY
e Committee on Infrastructure Recommends: Final Passage as Amended

R-16-051
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE FILING OF APPLICATIONS AND EXECUTION OF GRANT AGREEMENTS
WITH THE U.S. DEPARTMENT OF TRANSPORTATION FOR GRANTS UNDER THE URBAN
MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR FISCAL YEARS 2017 AND 2018

e Human Affairs Committee Recommends: Final Passage

R-16-052
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.

RELATIVE TO THE TRANSFER OF UP TO $59,861 FROM DEPARTMENT 194 -CONTINGENCY,
ACCOUNT 70150 — GENERAL CONTINGENCY INTO VARIOUS SALARIES & WAGES AND FRINGE
BENEFIT ACCOUNTS FOR THE PURPOSE OF ADDITIONAL SALARY INCREASES FOR MERIT
EMPLOYEES OFF THE MERIT SALARY SCHEDULE
e Budget Review Committee Recommends: Final Passage

R-16-053
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Tom Lopez
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien
AUTHORIZING THE CITY OF NASHUA TO PARTICIPATE IN THE NASHUA REGION INTEGRATED
DELIVERY NETWORK (IDN) OF THE BUILDING CAPACITY FOR TRANSFORMATION, A DELIVERY
SYSTEM REFORM INCENTIVE PAYMENT (DSRIP) PROGRAM
e Human Affairs Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-16-011
Endorsers: Alderman Don LeBrun
Alderman Ken Siegel
Alderman David Schoneman
Alderman Tom Lopez
ADOPTING PROVISIONS FOR REDUCED TAXATION FOR CERTAIN CHARTERED
PUBLIC SCHOOL FACILITIES
e Tabled at Full Board Level — 5/10/16

O-16-015
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
PROVIDING FOR CONFIDENTIAL REDACTIONS ON THE RECORD OF EXPENDITURES
e Finance Committee Recommends: Final Passage as Amended

SmartShopper

Account: CITY OF NASHUA
Program Date: 07/01/19

May 2022 Performance Report

Activations
20 18
15
10 Z
4 4 4
: : oa fl
2 2
; c o ~~ PBeeeieaas —
Mar Apr May Aug Sep Oct Nov Dec Jan Feb Mar Apr May
2021 2021 2021 1004 v2 2021 2021 2021 2021 2021 2022 2022 2022 2022 2022
Shopping
97
100
63 57 65
80
60 37 34
40
: : 7 . it : :
0
Mar Apr May — Jun Jul Aug Sep Oct Nov’ Dec Mar Apr May
2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 ooo 102 2022 2022 2022
Incentives
30 30
20
0
Mar Apr May Jul Aug Sep Oct Mar Apr May
2021 2021 2021 1004 2021 2021 2021 2021 ooo 2024 ooo 102 2022 2022 2022
Claims Savings
$14,325 $13,865 915.243 $14,830
$15,000 $10,114 $11,935 $10,593 50,616 $10,784
$8,088 $8,587
$7,368 $7,354
$10,000
$4,513 $4,882
$5,000 L L
$0
Mar Apr May = Jun Jul Aug Sep Oct Feb Mar Apr May
2021 2021 2021 2021 2021 2021 2021 2021 2021 2024 son 2022 2022 2022 2022

Page 2 of 6

PROSECUTION OF WORK
DESCRIPTION OF WORK

The contract work includes the limits on the various streets listed in the Schedule of Values, The
specified pavement treatment is crack sealing.

The City reserves the right to remove streets from the list, extend or reduce limits on individual
streets, or revise the specified pavement treatment on individual streets.

The City may also add additional streets to the contract work.

Should the net projection of the value of changes to the contract work exceed the authorized
amount, the Owner will present a contract amendment proposal to the Contractor.

INTERIM MILESTONES FOR SUBSTANTIAL COMPLETION

The entire length of all roadway segments shall be substantially completed by August 21, 2020.
WORK HOURS

Reference is made to Section 6.02 Labor; Working Hours of the General Conditions.

Normal working hours shall be from 7:00 AM to 5:00 PM Monday through Friday. No
weekend, holiday or night work will be allowed without advance written approval of the City
Engineer.

Streets listed in General Conditions Section 6.02C, may not be opened or worked in between
the hours of 7:00 AM to 9:00 AM and 3:00 PM to 6:00 PM, Monday through Friday of each
week.

Requests for work beyond those hours normally allowed on weekdays shall be made by the
Contractor at least 72 hours m advance.

Requests for work on Saturdays, Sundays and holidays shall be made at least one week in
advance,

Contractor should not assume requests for hours beyond the hours and days normally allowed
will be approved. Requests will be considered on a case by case basis.

CONTFRACTOR’S REPRESENTATIVE

The Contractor shall designate a representative who will be available to respond to emergency
calls by the Owner at any time day and night and on weekends and holidays should such a
situation arise.

Should the City determime action by the City is needed or other costs are incurred because the

Contractor’s Representative is not available, the City will back-charge the Contractor for
associated expenses,

POW - 1 of 2

BE N NATION

Reference is made to General Conditions Section 2.05, Before Starting Construction and
General Conditions Section 6.04, Progress Schedule.

Prior to the start of construction, the Contractor shall submit a comprehensive schedule to the
Engineer for review and acceptance.

The schedule will identify the number of crews and completion dates for all critical elements of
work.

Detailed updates of the schedule shall be submitted to the Engineer for review and acceptance
on at least a weekly interval.

The Contractor shall not increase the number of crews assigned to the work as identified in the
schedule without providing at least one week advanced notice to the Engineer.

SUPERINTENDEN HE W.
Reference is made to General Conditions Section 6.01, Supervision and Superintendence,

Contractor shall provide appropriate onsite superintendence of all aspects of the work whether
performed by the Contractor or by subcontractors.

Qualified Superintendent(s) shall be assigned for all crews. The Contractor shall provide
contact information for all Superintendents.

PERATION WI KUP

The Contractor shall determine the schedule for trash pickup by contacting the City of

Nashua’s Solid Waste Department. The Contractor shall cooperate and make arrangements to
insure that trash pickup is not delayed or obstructed in any way. This may involve the

Contractor bringing trash barrels to the front or backside of the work area for pickup by the
Solid Waste Department and then returning the barrels back to each house.

POW - 2 of 2

ROARS Am >

Notice of Award

Notice to Proceed

Change Order

Certificate of Substantial Completion

Certificate of Final Completion

Consent of Surety

Contractor’s Affidavit

Contractor’s Final Completion and Waiver of Lien

DIVISION 8
EXHIBITS

NOTICE OF AWARD

DATED:

TO:

(Bidder)
ADDRESS:
OWNER’S CONTRACT NO. :
PROJECT:

{Insert name of Contract as it appears in the Bidding Document)
You are notified that your Bid dated for the above Contract has been considered. You are

the apparent Successful Bidder and have been awarded a contract for

(Indicate totat Work, alternatives or sections or Work awarded}

The Contract Price of your contract is
(3 }
The proposed Agreement that the OWNER expects to execute, accompanies this Notice of Award.

1. You must deliver to the OWNER a fully executed counterpart of the proposed Agreement that the
OWNER expects to execute.

2. You must deliver to the OWNER the Contract Security (Bonds), as specified in the General Conditions
(Article 8.03}, and Certificate of Liability Insurance, as specified in General Conditions (Article 5).

3. (List other conditions precedents).

Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in
default, to annul this Notice of Award and to declare your Bid Security forfeited.

By

(FOR THE CITY OF NASHUA)

(TITEE)

Notice of Award

NOTICE TO PROCEED

DATED:

TO:

(Contractor}
ADDRESS:
OWNER’S CONTRACT NO.
PROJECT:

(insert name of Contract as it appears in the Bidding Document)

You are notified that the Contract Times under the above contract will commence to run on
,20___. By that date, you are to start performing your obligations under the

Contract Documents. In accordance with Article 4 of the Agreement, the dates of Substantial Completion
and Final Completion are and , respectively.

Also before you may start any Work at the site you must:

(Add other requirements)

By

(For the City of Nashua)

(Title)

hea
oO

mh
hs

Notice to Proceed