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Finance Committee - Agenda - 2/21/2018 - P142

By dnadmin on Mon, 11/07/2022 - 11:47
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
142
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

COMMERCIAL GENERAL LIABILITY
CG 88 10 94 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

= SUBJECT PAGE

NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenani’s Property Damage} 2
MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND E 3
ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3
PRIMARY AND NON-CCNTRIBUTORY- ADDITIONAL INSURED EXTENSION 5
ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR “LIMITS CF INSURANCE” 6
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO iS AN

INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT ENPLOYEES 6
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRICR OCCURRENCES 7
KNOWLEDGE OF CCCURRERNCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8

WHEN REQUIRED IN 4 CONTRACT OR AGREEMENT WITH YOU

2013 Liberty Mutual Insurance
CG 88 70 04 13 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 1 of &

Page Image
Finance Committee - Agenda - 2/21/2018 - P142

Finance Committee - Agenda - 2/21/2018 - P143

By dnadmin on Mon, 11/07/2022 - 11:47
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
143
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by
the endorsement.

A.

NON-OWNED AIRCRAFT

Under Paragraph 2. Exclusions of Section | - Coverage A - Bodily Injury And Property Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:

wh
a

itis not owned by any insured:
lt is hired, chartered or loaned with a trained paid crew;

The pilot in command holds acurrently effective certificate, issued by the duly constituted authority of
the United States of America or Canada, designating her or him acommercial or airline pilot; and

4, Itis not being used to carry persons or property for a charge.

@ NS

However, the insurance afforded by this provision does not apply if there is available to the insured other
valid and collectible insurance, whether primary, excess (other than insurance writien to apply specifically
in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under

this provision.
NON-OWNED WATERCRAFT
Under Paragraph 2. Exciusions of Section i - Coverage A - Bodily Injury And Property Damage Liability,
Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:

{a} Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.

PROPERTY DAMAGE LIABILITY - ELEVATORS

4. Under Paragraph 2. Exciusions of Section | - Coverage A - Bodily injury And Property Damage Liabil-
ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property
damage" results from the use of elevators. For the purpose of this provision, elevators do not include
vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.

2. The following is added to Section I¥ - Commercial Genera! Liability Conditions, Condition 4. Other
Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, contingent or on any other basis.

EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage)

lf Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

1. Under Paragraph 2. Exclusions of Seciion | - Coverage A - Bodily Injury and Property Damage Liability:

a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow-
ing:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage” (other than damage
by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or
(ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" fo contents of
premises rented to you for aperiod of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in Section H! - Limits of
Insurance.

2013 Liberty Mutual Insurance

CG 88 16 04 13 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of §

Page Image
Finance Committee - Agenda - 2/21/2018 - P143

Finance Committee - Agenda - 2/21/2018 - P144

By dnadmin on Mon, 11/07/2022 - 11:47
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
144
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

_b. The last paragraph of subsection 2. Exclusions is replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage
from automatic fire protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance applies to Damage To Premises
Rented To You as described in Section HI - Limits Of insurance.

2. Paragraph 6. under Section ii - Limits Of Insurance is replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the mast we will
pay under Coverage A for damages because of "property damage" io:
a. Any one premise:
(1) While rented to you; or
(2}. While rented to you or temporarily occupied by you with permission of the owner for
damage by fire,-lightning, explosion, smoke or leakage from automatic protection sys-
tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.

3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTER TO
YOU (Tenant’s Property Damage) - Paragraph S.a. of Definitions is replaced with the following:

8.2. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the owner, or for damage to contents of such premises
that are included in your premises rental or lease agreement, is not an "insured contract".

RIEDICAL PAYMENTS EXTENSION

lf Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph 1. Insuring Agreement of Section | - Coverage C - idedical Payments, Subparagraph
{b) of Paragraph a. is replaced by the following:

(b} The expenses are incurred and reported within three years of the date of the accident; and
EXTENSION OF SUPPLEMENTARY PAYWIENTS - COVERAGES A AND B
i. Under Supplementary Payments - Coverages A and B, Paragraph 4.b. is replaced by the following:

b. Up to $3,060 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have
to furnish these bonds.

2. Paragraph 1.d. is replaced by the following:

d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or “suit”, including actual loss of earnings up to $506 a day because of time
off from work.

ADDITIONAL INSUREDS - BY CONTRACT, AGREERIENT CR PERHIT

1. Paragraph 2. under Section f!- Who is An insured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization is an additional insured but only with respect to
lability for "bodily injury", “property damage” or “personal and advertising injury” caused in whole
or in part by:

a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance
of your on going operations for the additional insured that are the subject of the written contract or
written agreement provided that the “bodily injury" or “property damage" occurs, or the “per-
sonal and advertising injury” is committed, subsequent to the signing of such written contract or
written agreement, or

2013 Liberty Mutual Insurance

CG 88 10 64 13 Includes copyrighted material of Insurance Services Office, inc., with its permission. Page 3 of &

Page Image
Finance Committee - Agenda - 2/21/2018 - P144

Finance Committee - Agenda - 2/21/2018 - P145

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
145
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

&. Premises or facilities rented by you or used by you: or

c. The maintenance, operation or use by you of equipment rented or leased to vou by such person or
organization; or

d. Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:

(1) This insurance does not apply to “bodily injury", “property damage", or "personal and ad-
vertising injury" arising out of the operations performed for the state or political subdivision,

(2} This insurance does not apply to “bodily injury" or “property damage" included within the
“completed operations hazard”.

(3) Insurance applies to premises you own, rent, or control but only with respect to the following
hazards:

{a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,
hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-
sures; or

(b} The construction, erection, or removal of elevators: or

{c) The ownership, maintenance, or use of any elevators covered by this insurance.

However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided fo the additional insured is required by a contract or agreement, the insur-
ance afforded to such additional insured will not be broader than that which you are required by
the contract or agreement to provide for such additional insured.

With respect to Paragraph 1.a. above, a person’s or organization's status as an additional insured
under this endorsement ends when:

{1} All work, including materials, paris or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or

(2) That portion of “your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as apart of the same project.

With respect to Paragraph 1.b. above, a person’s or organization's status as an additional insured
under this endorsement ends when their written contract or written agreement with you for such
premises or facilities ends.

With respects to Paragraph 1.c. above, this insurance does not apply to any “occurrence” which takes
place after the equipment rental or lease agreement has expired or you have returned such equipment
to the lessor.

The insurance provided by this endorsement applies only if the written contract or written agreement
is signed prior to the "bodily injury” or “property damage”.
We have no duty to defend an additional insured under this endorsement until we receive written

notice of a “suit” by the additional insured as required in Paragraph b. of Condition 2. Duties In the
Event Of Occurrence, Offense, Ciaim Or Suit under Section [V - Commercial General Liability Condi-

tions.

2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8

Page Image
Finance Committee - Agenda - 2/21/2018 - P145

Finance Committee - Agenda - 2/21/2018 - P146

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
146
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

N

With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section | - Coverage A - Bodily injury Anc Property Damage Liability:

This insurance does not apply to:
a. “Bodily injury” or “property damage” arising from the sole negligence of the additional insured.

b. "Bodily injury” or “property damage” that cccurs prior to you commencing operations at the
location where such "bodily injury" or “property damage" occurs.

c. “Bodily injury”, "property damage” or "personal and advertising injury” arising out of the render-
ing of, or the failure to render, any professional architectural, engineering or surveying services,
including:

(i) The preparing, approving, or failing fo prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; or

(2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur-
rence" which caused the "bodily injury” or “properly damage", or the offense which caused the
“personal and advertising injury", involved the rendering of, or the failure to render, any professional
architectural, engineering or surveying services.

d. "Bodily injury” or “property damage” occurring after:

(7) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or

(2) That portion of “your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as apart of the same project.

e. Any person or organization specifically designated as an additional insured for ongoing operations
by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTGRS encorsement is-
sued by us and made a part of this policy.

3. With respect to the insurance afforded to these additional insureds, the following is added to Sectien lil
- Limits Of Insurance:

lf coverage provided to the additional insured is required by acontract or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:

@. Required by the contract or agreement, or

b. Available under the applicable Limits of Insurance shown in the Declarations;

whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns.

H. PRIWARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.

Condition 4. Other insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend-
ed as follows:

a. The following is added to Paragraph a. Primary Insurance:

if an additional insured’s policy has an Ofher Insurance provision making its policy excess, and you
have agreed in awritten contract or written agreement to provide the additional insured coverage ona
primary and noncontributory basis, this policy shall be primary and we will not seek contribution from
the additional insured'’s policy for damages we cover.

2013 Liberty Mutual Insurance
CG 88 10 04 73 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of &

Page Image
Finance Committee - Agenda - 2/21/2018 - P146

Finance Committee - Agenda - 2/21/2018 - P147

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
147
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

b. The following is added to Paragraph b. Excess insurance:

When awritten contract or written agreement, other than a premises lease, facilities rental contract or
agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political
subdivision between you and an additional insured does not require this insurance to be primary or
primary and non-contributory, this insurance is excess over any other insurance for which the addi-
tional insured is designated as a Named Insured.

Regardless of the written agreement between you and an additional insured, this insurance is excess
over any other insurance whether primary, excess, contingent or on any other basis for which the
additional insured has been added as an additional insured on other policies.

1. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"

This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.

7. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:

An additional insured under this endorsement will as soon as practicable:

a. Give written notice of an “occurrence” or an offense that may result in aclaim or “suit” under
this insurance to us;

b. Tender the defense and indemnity of any claim or "suit" fo all insurers whom also have
insurance available fo the additional insured; and

c. Agree to make available any other insurance which the additional insured has for a loss we
cover under this Coverage Part.

d. We have no duty to defend or indemnify an additional insured under this endorsement until
we receive wriffen notice of a "suit" by the additional insured.

2. The kmits of insurance applicable to the additional insured are those specified in a written contract
or written agreement or the limits of insurance as stated in the Declarations of this policy and
defined in Section IH - Limits of Insurance of this policy, whichever are less. These limits are
inclusive of and not in addition to the limits of insurance available under this policy.

J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES

Paragraph 2.a.(1) of Section Il -Who fs Aninsured is replaced with the following:
{1) “Bodily injury" or “personal and advertising injury":

(a) To you, to your partners or members (if you are apartnership or joint venture), fo your members (if
you are a limited liability company), to a co-"employee" while in the course of his or her employ-
ment or performing duties related to the conduct of your business, or to your other "volunteer
workers" while performing duties related to the conduct of your business;

(b) To the spouse, child, parent, brother or sister of that co-"employee" or “volunteer worker’ asa
consequence of Paragraph (1) {a} above;

{c) For which there is any obligation to share damages with or repay someone else who musi pay
damages because of the injury described in Paragraphs (1} (2} or (b}) above; or

(d) Arising out of his or her providing or failing to provide professional health care services. However,
if you are not in the business of providing professional health care services or providing profes-
sional health care personnel to others, or if coverage for providing professional health care ser-
vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)}) does not

apply.
Paragraphs (a) and (b} above do not apply to “bodily injury" or “personal and advertising injury" caused by
an “employee” who is acting in a supervisory capacity for you. Supervisory capacity as used herein means

the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ-
ees” of yours. However, none of these “ernployees” are insureds for "bodily injury” or “personal and

2013 Liberty Mutual Insurance
CG 88 10 04 73 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8

Page Image
Finance Committee - Agenda - 2/21/2018 - P147

Finance Committee - Agenda - 2/21/2018 - P148

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
148
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

i

EE
——

Wi.

advertising injury" arising oui of their willful conduct, which is defined as the purposeful or willful intent fo
cause "bodily injury” or “personal and advertising injury", or caused in whole or in part by their intoxica-
tion by liquor or controlled substances.

The coverage provided by provision J. is excess over any other valid and collectable insurance available to
your “employee”.

NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section 1 - Who Is An insured is replaced by the following:

3. Any organization you newly acquire or form and over which vou mainiain ownership or majority
interest, will qualify as a Named Insured if there is no other similar insurance availabie to that
organization. However:

a. Coverage under this provision is afforded only until the expiration of the policy period in

- which the entity was acquired or formed by you;

b. Coverage A does not apply to “bodily injury” or “property damage” that occurred before you
acquired or formed the organization: and

c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.

d. Records and descriptions of operations must be maintained by the first Named Insured.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies
as an insured under this provision.

FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES

Under Section !V - Commercial Generai Liability Conditions, the following is added to Condition 6. Repre-
seniations:

Your failure to disclose all hazards or prior “occurrences” existing as of the inception date of the policy
shall not prejudice the coverage afforded by this policy provided such failure to disclose al! hazards or
prior “occurrences” is not intentional.

KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT

Under Section iV - Commercial Genera! Liability Conditions, the following is added to Condition 2. Duties
In The Event of Occurrence, Offense, Claim Or Suit:

Knowledge of an “occurrence”, offense, claim or "suit" by an agent, servant or “employee” of any
insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
4. of Section !! - Who is An Insured or a person who has been designated by them to receive reports of
"occurrences", offenses, claims or “suits” shall have received such notice from the agent, servant or
“employee”.

LIBERALIZATION CLAUSE

ff we revise this Commercial General Liability Extension Endorsement to provide more coverage without
additional premium charge, your policy will automatically provide the coverage as of the day the revision ts
effective in your state.

BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:

3. "Bodily Injury” means physical injury, sickness or disease sustained by a person. This includes
mental anguish, mental injury, shock, fright or death that results from such physical injury, sick-
ness or disease.

2013 Liberty Mutual Insurance

CG 88 10 94 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Fage 7 of &

Page Image
Finance Committee - Agenda - 2/21/2018 - P148

Finance Committee - Agenda - 8/17/2022 - P282

By dnadmin on Sun, 11/06/2022 - 21:46
Document Date
Fri, 08/12/2022 - 13:02
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/17/2022 - 00:00
Page Number
282
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081720…

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 assigned by Professional
Engineer to perform work under this contract. Approved key personnel shall not be taken off of
the project by Professional Engineer without the prior written approval of the City of Nashua,
except in the event of termination of employment. Professional Engineer shall, if requested to do
so by the City of Nashua, remove from the job any personnel whom the City of Nashua determines
to be incompetent, dishonest, or uncooperative.

CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by

GC 2 of 11

Page Image
Finance Committee - Agenda - 8/17/2022 - P282

Finance Committee - Agenda - 2/21/2018 - P149

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
149
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

P. EXTENDED PROPERTY DAMAGE

Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the
following:

a. Expected Or intended Injury

“Bodily injury" or “property damage” expected or intended from the standpoint of the insured.
This exclusion does not apply to “bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.

Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REGUIRED iN A
CONTRACT OR AGREEMENT WITH YOU

Under Section iV - Commercial General Liability Conditions, the following is added to Condition 8. Trans-
fer Of Rights Of Recovery Against Others To Us:

We waive any right of recovery we may have against aperson or organization because of payments we

make for injury or damage arising out of your ongoing operations or "your work" done under a

contract with that person or organization and included in the “products-completed operations hazard”

provided:

1. You and that person or organization have agreed in writing in a contract or agreement that you
waive such rights against that person or organization; and

2. The injury or damage occurs subsequent to the execution of the written contract or written agree-
ment.

2013 Liberty Mutual Insurance
CG 88 10 04 73 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 2

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Finance Committee - Agenda - 2/21/2018 - P149

Finance Committee - Agenda - 2/21/2018 - P150

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
150
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

Dod oe & RE aE
City of Nashua
Public Works Division Parks and Recreation

9 Riverside Street 100 Concord Street
Nashua, NH 03062 Fax (603) 594-3465

November 15, 2017

Request for Quote Mine fall Gate House Roofing

The Nashua Parks and Recreation Department is taking bids to repair and replace roofing at the Gatehouse in Mine Fal
Park Located off Stadium Drive Nashua, NH

Tasks
e Remove and dispose of existing rotted soffit boards. Approx. 30 to 40 linear feet

e Furnish and install new pressure treated soffit framing to match existing as close as possible in rotted wood areas

e Remove and dispose of existing V-match wood overlay on 2 exterior man doors

e Furnish and install new V-match wood overlay door covers to match as close as possible

© Furnish and install 2 coats new exterior paint to match existing color on entire roof soffit. Approx. 160 linear feet

e Remove and dispose of existing roof gravel

® Furnish and install new '% fiber board over existing rubber roof with roof screws and washers. Approx 1,160 sq feet
¢ Furnish and install new rubber roofing glued to fiber board .

¢ Furnish and install new metal edging over existing with edge tape

e Describe your warranty

Requirements:

¢ Selected firm must provide proof of insurance to the City. Certificates of General Public and Automobile Liability
insurance and Workers Compensation insurance countersigned by a New Hampshire resident agent must be
furnished to the City Purchasing Department prior to commencement of activities on City property. The limits of
General Liability must be $1,000,000. Per occurrence, $2,000,000 aggregate, City of Nashua additional insured.
Motor Vehicle Liability, when applicable, is $1,000,000 combined single limit, City of Nashua additional insured,
Workers’ Compensation according to State Statute. The City of Nashua requires thirty (30) days written notice of
cancellation or material change in coverage.

* Equipment used must have current certifications and inspections,

Please return bids by Friday December 1, 2017 by 5 pm. via mail, email,CaggianoN@nashuanh.gov or fax 603-594-3465,

Questions or request for a site visit can be directed to Nick Caggiano or Scott Painter at the Parks and Recreation
Department at 603-589-3370. Email- CaggianoN@nashuanh.gov PainterS@Nashuanh, gov

Administration Street City Parks-Recreation Solid Waste Wastewater
Business Office Department Engineer Department Department Treatment Plant
(603) 589-3140 (603) 589-4750 (603) 589-3120 (603) 589-3370 (603) 589-3410 (603) 589-3560

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Finance Committee - Agenda - 2/21/2018 - P150

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