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15.

16.

Upon expiration, cancellation or termination of the Agreement or an applicable Schedule, you shall
relinquish any IP addresses or address blocks assigned to you by us. If we deem it necessary for technical
reasons, you may be required to renumber the IP addresses assigned to you by us. All fees associated with
domain name registration and periodic maintenance of domain names are your responsibility. The registrar
or we, on registrar’s behalf, will bill such fees directly to you. Such fees are not included in the prices for
the Service. You must accept the Registrar’s terms of service prior to receiving such service from us.

Changes or Updates to the Service.

FairPoint reserves the right, in iis sole discretion, to make changes to the Service and the software,
hardware and equipment provided in connection therewith. If such a change adversely affects your use of
the Service, and we cannot reasonably mitigate such adverse effect, then you may terminate the Service
without further obligation.

Locations.

The Services shall be provided to Customer under the terms hereof at the following locations. Other
locations may be added to this Agreement only upon mutual assent of the parties.

Address:

229 Main St Nashua NH 03060

In confirmation of their consent and agreement to the terms and conditions contained in this Service Schedule and
intending to be legally bound hereby, the Parties have executed this Service Schedule as of the Service Schedule
Effective Date.

City of Nashua Enhanced Communications of Northern New

By:

England Inc. d/b/a FairPoint Internet

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FairPoint Internet — Confidential and Proprietary
Page 6 of 6

S\ THE CITY OF NASHUA The Gate Cig"

Financtal Services

Purchasing Department

January 26, 2017
Memo #17-092

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: TRAFFIC SIGNAL IMPROVEMENTS — DANIEL WEBSTER AT GRAHAM DRIVE
(VALUE: $55,100)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: TRUST

Please see attached communication from Wayne Husband, P.E., Senior Traffic Engineer dated January
26, 2017 for the information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Senior Traffic Engineer, Board of Public Works (1/26/2017 meeting) and the Purchasing Department
recommend the purchase of this product in the amount of $55,100 from Electric Light Company of Cape
Nedick, ME.

Respecttully, , _.

. ee) Cy 7 7

io eee I
ss an Kgoken

Purchasing Manager

Ce: W Husband L Fauteux

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

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: January 26, 2017

Wayne R. Husband, P.E.
Senior Traffic Engineer

Traffic Signal improvements at the intersection of Graham Drive and Daniel Webster
Highway

To approve a contract to Electric Light Company of Cape Nedick, Maine for Traffic
Signal improvements at the intersection of Graham Drive at Daniel Webster Highway
in the amount of $55,100. Funding will be through: Department: 160 Admin &
Engineering; Fund: Trust; 55 Other Services

The City recently solicited bids from contractors for the traffic signal improvements
at the intersection of Graham Drive with the Daniel Webster Highway. This project
is needed to replace a signal pedestal in a narrow roadway median that has been
knocked down on numerous occasions. It requires constant maintenance and has
become a safety concern given the frequency of the knockdowns.

In order to eliminate the safety concern, a new longer mast arm assembly (including
mast arm pole, accessories, and a new mast arm foundation) will be installed on the
northeast corner of the intersection. This will provide a better location for the traffic
signal heads and related equipment.

The City solicited bids for this work on November 15, 2016. The following bids
were received on November 23, 2016:

Electric Light Company, Cape Nedick, Maine $55,100
East Coast Signals, Manchester New Hampshire $67,150

The Division of Public Works recommends the City enter into a contract with Electric
Light Company for $55,100. Construction for this project will begin spring of
2017.

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire
229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: Electric Light Company
1 Morgan Way
Cape Neddick, ME 03902
and its successors, transferees and assignees
(together “CONTRACTOR’”)

For the following Project: | Traffic Signal Improvements
Daniel Webster Highway @ Graham Drive
RFP0851-120116

ARTICLE 1 - THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this
project. The documents consist of:

1. This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

Construction Specification;

Drawings and Specifications provided in the bid documents;

Schedule Of Values — dtd November 29, 2016; ;

Payment and Performance Bonds;

Insurance Certificate;

Change Orders; Written for minor changes in the Work issued after execution of this
Agreement; and

8. Fully Executed OWNER Purchase Order

NAM WN

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 Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

Page 1 of 12

ARTICLE 2 — DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
DATE

The date of commencement shall be the date of the Notice to Proceed. Completion time for the
project will be calculated, in calendar days, from the date of the issuance of the “Notice to
Proceed”, as follows:

90 calendar days _ for substantial completion

120 calendar days for contract completion

“Substantial completion shall be defined as a project that is functionally complete. Final paving,
new signals and punch list items may still be outstanding. See Division 9, Section 104 - Scope of
Work for additional information).

ARTICLE 3-—- CONTRACT SUM

Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR,
in accordance with the Contract Documents, the Contract Sum of:

FIFTY-FIVE THOUSAND ONE HUNDRED DOLLARS ($55,100.00)
The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

ARTICLE 4 —- INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:
>» General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.

» Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$100,000.

CONTRACTOR and subcontractors at every tier will fully comply with NH RSA Chapter
281-A, “Workers’ Compensation”.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under
this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub
consultants, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:

Page 2 of 12

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

3. Participation in group insurance plans which may be available to employees of the
OWNER;

4. Participation or contributions by either the independent CONTRACTOR or the OWNER

to the public employee’s retirement system;
5. Accumulation of vacation leave or sick leave provided by the OWNER;
6. Unemployment compensation coverage provided by the OWNER.

CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days after
the OWNER issues the notice of award. The OWNER requires thirty days written notice of
cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of
New Hampshire. General Liability and Auto Liability policies must name the OWNER as an
additional insured and reflect on the certificate of insurance. CONTRACTOR is responsible for
filing updated certificates of insurance with the OWNER's Risk Management Department during
the life of the contract.

» All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

>» If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, CONTRACTOR must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of insurance.

» The specified insurance requirements do not relieve CONTRACTOR of | its
responsibilities or limit the amount of its liability to the OWNER or other persons, and
CONTRACTOR is encouraged to purchase such additional insurance, as it deems
necessary.

» The insurance provided herein is primary, and no insurance held or owned by the OWNER
shall be called upon to contribute to a loss.

» CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify
and shall defend and hold harmless the OWNER, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of
action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities,
interest, attorney’s fees, costs and expenses of any kind or nature in any manner caused,
occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or
fault or willful misconduct, whether active or passive, of CONTRACTOR or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. CONTRACTOR’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the sole negligence or
willful misconduct of the party indemnified or held harmless.

Page 3 of 12

General Terms and Conditions

ARTICLE 5 — GENERAL PROVISIONS

1.

The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.

The term “Work” means the construction and services required by the Contract Documents,
and include all other labor, materials, equipment and services provided by the
CONTRACTOR to fulfill the CONTRACTOR’s obligations.

The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the CONTRACTOR. The Contract Documents
are complementary, and what is required by one shall be as binding as if required by all.

In the case of a discrepancy, calculated dimensions will govern over scaled dimensions,
Contract Drawings will govern over Standard Specifications, and Technical Specifications
will govern over both Contract Drawings and Standard Specifications. In the case of a
discrepancy between the Agreement and other Contract Documents, the more specific or
stringent obligation or requirement to the benefit of the OWNER shall take precedence.
The CONTRACTOR shall take no advantage of any apparent error or omission in the
Contract Drawings or Technical Specifications, and the Engineer will be permitted to make
such corrections and interpretations as may be deemed necessary to fulfill the intent of the
Contract Documents.

ARTICLE 6- OWNER

I.

Except for permits and fees, which are the responsibility of the CONTRACTOR under the
Contract Documents, the OWNER shall obtain and pay for other necessary approvals,
easements, assessments and charges.

If the CONTRACTOR fails to correct Work that is not in accordance with the Contract
Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work
until the correction is made.

If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a seven (7) day period after receipt of written notice
from the OWNER to correct such default or neglect with diligence and promptness, the
OWNER may, without prejudice to other remedies, correct such deficiencies. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
the CONTRACTOR.

The OWNER reserves the right to perform construction or operations related to the project
with the OWNER’s own forces, and to award separate contracts in connection with other
portions of the project.

The CONTRACTOR shall coordinate and cooperate with separate CONTRACTORs
employed by the OWNER.

Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the responsible party.

Page 4 of 12

Finance Committee — 08/17/2022 Page 3
MOTION CARRIED
UNFINISHED BUSINESS - None

TABLED IN COMMITTEE

MOTION BY ALDERMAN COMEAU TO REMOVE FROM THE TABLE A COMMUNICATION FROM TIM
CUMMINGS, ECONOMIC DEVELOPMENT DIRECTOR, FOR AN AMENDMENT FOR DESIGN SERVICES
FOR WATER STREET WORK TO VHB, INC.

MOTION CARRIED

From: Tim Cummings, Economic Development Director
Re: Communication — Approval & Place on File a Contract Amendment for Professional Engineering Services related
to the Nashua Downtown Riverfront Implementation Project VHB, Inc. for Water Street Design Services

MOTION BY ALDERMAN COMEAU TO PLACE ON FILE AND APPROVE THE AMENDMENT FOR
DESIGN SERVICES FOR WATER STREET WORK TO VHB, INC., IN AN AMOUNT NOT TO EXCEED
$26,730 FOR A TOTAL PURCHASE ORDER OF $252,095. FUNDING WILL BE THROUGH THE TIF
ACOUNT CREATED TO IMPLEMENT THE DOWNTOWN RIVERFRONT PROJECT

MOTION CARRIED

NEW BUSINESS — RESOLUTIONS — None

NEW BUSINESS — ORDINANCES - None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN COMEAU THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
FROM JULY 29, 2022 TO AUGUST 11, 2022

MOTION CARRIED

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

ADJOURNMENT

MOTION BY ALDERMAN KLEE TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:57 p.m.

Alderman Alex Comeau
Committee Clerk

ARTICLE 7— CONTRACTOR

1,

10.

11.

12.

Execution of the Contract by the CONTRACTOR is a representation that the
CONTRACTOR has visited the site, become familiar with local conditions under which
the Work is to be performed and correlated personal observations with requirements of the
Contract Documents.

The CONTRACTOR shall carefully study and compare the Contract Documents with
each other and with information furnished by the OWNER. Before commencing activities,
the CONTRACTOR shall: (1) take field measurements and verify field conditions; (2)
carefully compare this and other information known to the CONTRACTOR with the
Contract Documents; and (3) promptly report errors, inconsistencies or omissions
discovered to the OWNER.

Within ten (10) days of notification of award, and prior to commencement of work, the
CONTRACTOR shall obtain and forward to OWNER a Performance Bond and a
Payment Bond representing 100% of the contract work

The CONTRACTOR shall supervise and direct the Work, using the CONTRACTOR’s
best skill and attention. The CONTRACTOR shall be solely responsible for and have
control over construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work.

The CONTRACTOR, as soon as practicable after award of the Contract, shall furnish in
writing to the OWNER the names of subcontractors or suppliers for each portion of the
Work. The OWNER will promptly reply to the CONTRACTOR in writing if, after due
investigation, he has reasonable objection to the subcontractors or suppliers listed.

Unless otherwise provided in the Contract Documents, the CONTRACTOR shall provide
and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities
and services necessary for proper execution and completion of the work.

The CONTRACTOR shall deliver, handle, store and install materials in accordance with
manufacturers’ instructions.

The CONTRACTOR warrants to the OWNER that (1) materials and equipment furnished
under the contract will be new and of good quality unless otherwise required or permitted
by the Contract Documents; (2) the Work will be free from defects not inherent in the
quality required or permitted; and (3) the Work will conform to the requirements of the
Contract Documents.

The CONTRACTOR shall pay sales, consumer, use and similar taxes that are legally
required when the Contract is executed.

The CONTRACTOR shall obtain and pay for the building permit and other permits and
governmental fees, licenses and inspections necessary for proper execution and completion
of the Work.

The CONTRACTOR shall comply with and give notices required by agencies having
jurisdiction over the Work. If the CONTRACTOR performs Work knowing it to be
contrary to laws, statutes, ordinances building codes, and rules and regulations without
notice to the OWNER, the CONTRACTOR shall assume full responsibility for such
Work and shall bear the attributable costs. The CONTRACTOR shall promptly notify the
OWNER in writing of any known inconsistencies in the Contract Documents with such
governmental laws, rules and regulations.

The CONTRACTOR shall promptly review, approve in writing and submit Shop
Drawings, Product Data, Samples and similar submittals required by the Contract
Documents. Shop Drawings, Product Data, Samples and similar submittals are not
Contract Documents.

Page 5 of 12

13.

14.

15.

16.

The CONTRACTOR shall confine operations at the site to areas permitted by law,

ordinances, permits, the Contract Documents and the OWNER.

The CONTRACTOR shall be responsible for cutting, fitting or patching required

completing the Work or to make its parts fit together properly.

The CONTRACTOR shall keep the premises and surrounding area free from

accumulation of debris and trash related to the Work.

CONTRACTOR warrants and guarantees to OWNER, for___ years, upon completion of

work, that all Work will be in accordance with the Contract Documents and will not be

defective. CONTRACTOR’s warranty and guarantee hereunder excludes defects or

damage caused by:

> Abuse, modification, or improper maintenance or operation by persons other than
CONTRACTOR, subcontractors, suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or

> Normal wear and tear under normal usage.

ARTICLE 8 - CHANGES IN THE WORK

I.

After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. The OWNER, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.

A Change Order shall be a written order to the CONTRACTOR signed by the OWNER
to change the Work, Contract Sum or Contract Time.

Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the Board of
Public Works and the OWNER’s Finance Committee vote prior to proceeding.

The OWNER will have authority to order minor changes in the Work not involving
changes in the Contract Sum or the Contract Time and not inconsistent with the intent of
the Contract Documents. Such changes shall be written orders and shall be binding on the
OWNER and CONTRACTOR. The CONTRACTOR shall carry out such written orders
promptly.

If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable
adjustment following authorization of the OWNER to the charges.

ARTICLE 9 — TIME

1.

Time limits stated in the Contract Documents are of the essence to the Contract.

If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered
in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the CONTRACTOR’s control, the Contract Time shall be
extended by Change Order for such reasonable time as may be determined.

Page 6 of 12