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Finance Committee - Agenda - 3/21/2018 - P87

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 03/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/21/2018 - 00:00
Page Number
87
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__032120…

5.6

5.7

(3) The specified insurance requirements do not relieve Company of its
responsibilities or limit the amount of its liability to the Municipality or other
persons, and Company is encouraged to purchase such additionai insurance, as
it deems necessary.

(4) The insurance provided herein is primary, and no insurance held or owned by
the Municipality shall be called upon to contribute to a loss.

(5) Company is responsible for and required to remedy all damage or loss to any
property, including property of the Municipality, caused in whole or part by
Company or anyone employed, directed, or supervised by Company.

Within ten calendar days after the Municipality issues the notice of award, Company
shall provide certificates of insurance by a State of NH licensed insurer confirming
the required insurance coverage for Municipality with which the appraisal Company
is contracting.

Company shall provide Municipality and the DRA a thirty (30) day advance written
notice of the cancellation or material change in the required insurance coverage.

PERFORMANCE BOND

6.1

In-lieu of a performance bond, the Municipality shall hold an additional ten percent
(10%) retainage for a total of twenty percent (20%) or $100,000.00.

ESTIMATED SIZE OF REVALUATION

7.1

it is agreed between the parties that the entire revaluation consists of an estimate
of 28,728 parcels as defined by RSA 75:9. In the event that the number of parcels
should exceed 29,000 parcels, the Company shall be entitled to additional
compensation of $15.00 per parcel.

ADDENDUMS, AMENDMENTS AND APPENDIXES

8.1

Addendums, amendments and appendixes pertaining to this contract may be added
by separate instrument in writing and shall meet all requirements of Section 2.1.
8.1.1 Below isa list of personnel that will be working on the project with their DRA

status:

1) Robert Tozier Supervisor

2) Kenneth Rodgers Supervisor

3) Doug Rollins Assistant Assessor
4) George Lickiss Supervisor

5) Joey Smith Supervisor

8.1.2. The proposed timeline is for informational purposes only. The only date
subject to penalty is the Project Completion date of October 1, 2018. The
project shall begin with a start-up meeting with the City and DRA. Below is

20 City of Nashua, NH
Full Statistical Revaluation Contract

Page Image
Finance Committee - Agenda - 3/21/2018 - P87

Finance Committee - Agenda - 3/21/2018 - P88

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 03/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/21/2018 - 00:00
Page Number
88
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__032120…

the timeline:

CHOICE OF LAW AND FORUM

Task Start Date | Completion Date
Start Up Meeting with City and DRA 03/30/18
Public Relations On-Going

Measure and List Sales 04/02/18 05/11/18
Data Entry of Data Collection 04/09/18 05/18/18
Sales Analysis 05/21/18 06/15/18
Update Tables 05/21/18 06/15/18
Preliminary Valuations 05/21/18 06/15/18
Field Review 06/18/18 08/03/18
Final Valuations 08/06/18 08/17/18
City Review of Values 08/20/18 08/24/18
Mail Hearing Notices 08/27/18 08/31/18
Informal Hearings 09/03/18 09/21/18
Final Products Delivered 09/24/18 09/28/18
Project Completion 10/01/18

9.1 This contract shall be governed and construed in accordance with the law of the
State of New Hampshire. Any action at law or in equity arising out of the contract,
the work performed thereunder, or in any way referable thereto may be brought in
the New Hampshire Superior Court for the Southern District of Hillsborough County
or the New Hampshire 9" Circuit Court District Division Nashua and not elsewhere.

21

City of Nashua, NH

Full Statistical Revaluation Contract

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Finance Committee - Agenda - 3/21/2018 - P88

Finance Committee - Agenda - 3/21/2018 - P89

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 03/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/21/2018 - 00:00
Page Number
89
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__032120…

10. SIGNATURE PAGE

CITY OF NASHUA

By:

By:

By:

KRT APPRAISAL

By:

Robert A. Tozier, Vice President

Witness

22

Date:

Date:

Date:

Date:

City of Nashua, NH
Full Statistical Revaluation Contract

Page Image
Finance Committee - Agenda - 3/21/2018 - P89

Finance Committee - Minutes - 2/21/2018 - P1

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__022120…

REPORT OF THE FINANCE COMMITTEE

FEBRUARY 21, 2018

A meeting of the Finance Committee was held on Wednesday, February 21, 2018, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman Michael B. O’Brien, Vice Chair
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright

Also in Attendance: Dan Kooken, Purchasing Manager
James Vayo, Downtown Specialist
Larry Budreau, Human Resources Director
Nick Caggiano, Superintendent of Parks and Recreation
David Boucher, Superintendent, Wastewater

PUBLIC COMMENT — None
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Ammunition (Value: $66,395)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE PURCHASE TO
EAGLE POINT GUN/TJ MORRIS & SON IN THE AMOUNT OF $66,395. FUNDS ARE AVAILABLE IN
DEPARTMENT 150, POLICE; AMMUNITION AND SUPPLY ACCOUNT

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Firearms (Value: $52,730);

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE PURCHASE TO
ATLANTIC TACTICAL IN THE AMOUNT OF $52,730. SOURCE OF FUNDING IS DEPARTMENT 150,
POLICE; FIREARMS ESCROW

MOTION CARRIED

Alderman Laws

| was reading the purchase order and you are switching over to the Sig Sauer P320. Sig is in New Hampshire,
but we are ordering from a company outside of New Hampshire. Is there a reason for that? Does Sig not
distribute directly to police departments or are we getting a better deal from a dealer distributor?

Adam Anderson, NPD

Atlantic Tactical is the only company authorized to operate in the northeast per six hours, so it’s a sole source.

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Finance Committee - Minutes - 2/21/2018 - P1

Finance Committee - Minutes - 2/21/2018 - P2

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__022120…

Finance Committee - 2/21/2018 Page 2
Alderman Harriott-Gathright

| think somewhere | read that normally the guns last five to seven years, but this was four years.

Mr. Anderson

The guns are very close to coming up. Five years, Smith-Wesson, the current guns that we have are required

to have all of the internals replaced which is extremely labor intensive and expensive. These guns are starting
to reach the end of the lifespan. They will require labor and purchasing of many new parts.

Mayor Donchess
What's the lead time on the purchase? You put the order in, and how soon do you get the firearms?
Mr. Anderson

| spoke to Jim Barry yesterday. He said we would receive them by August if we put it in within the next couple
of weeks.

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Forensic Workstation (Value: $13,995)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE PURCHASE TO
SUMURI IN THE AMOUNT OF $13,995. FUNDS ARE AVAILABLE IN DEPARTMENT 150, POLICE;
EQUITABLE SHARING FORFEITURE ACCOUNT

From: Dan Kooken, Purchasing Manager
Re: Purchase of NPD Tasers (Value: $14,759)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE PURCHASE

TO TASER INTERNATIONAL, INC. IN THE AMOUNT OF $14,759. SOURCE OF FUNDING IS
DEPARTMENT 150, POLICE; GENERAL FUND, FIREARMS ACCOUNT

ON THE QUESTION

Mayor Donchess

Can you give us a brief explanation on this one?

Mr. Anderson

We currently have 35 Tasers issues to officers. Taser has sent out a memo that the typical lifespan expected
from a Taser, it being an electronic device, is approximately about five years. We currently have 23 Tasers
that are five years or older and 9 Tasers that are seven years or older. These Tasers are to replace some of
those older Tasers that we would like to take off the street that are less than allowed.

Alderman Laws

What do you do with the old Tasers?

Mr. Anderson

They have no resale value; they get destroyed.

MOTION CARRIED

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Finance Committee - Minutes - 2/21/2018 - P2

Finance Committee - Minutes - 2/21/2018 - P3

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__022120…

Finance Committee - 2/21/2018 Page 3

From: Dan Kooken, Purchasing Manager
Re: Lawson Consulting Services (Value: $10,000)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND APPROVE THE PURCHASE
FROM SURETY SYSTEMS IN THE AMOUNT OF $10,000. FUNDS ARE AVAILABLE IN DEPARTMENT
111, HUMAN RESOURCES; GENERAL FUND

ON THE QUESTION
Larry Budreau, Human Resources Director

Lawson is the name of the software that the city uses for its financial, human resources and payroll work. The
payroll work is very complicated for the city. We are administering the 17 union contracts and 3 non-union
agreements. Those continually have changes as contracts are amended. We don’t have the in-house
expertise to always configure those changes or to debug problems. Last fiscal year the payroll and human
resources department, for one reason or another, turned over 100 percent. We spent $156,000 with this
company. Surety Systems is a very specialized temporary staffing agency. They have consultants with
Lawson expertise with whom we contract to work with mostly over the telephone who sign onto our systems.
We have spent $7500 this year fiscal year. We are seeking to increase that purchase order by $10,000 so we
have the elbow room as we go through the balance of this fiscal year to seek help when we need it.

Alderman O’Brien
Does this also include training for these particular upgrades with these people or is that done in-house?
Mr. Budreau

Every time we get a consultant, we learn so much. We spent a $150,000; we budgeted $30,000 this year.
Many of the things that are repetitive we can now do ourselves.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Engineering Study for East Hollis Street/Bridge Street Improvements (Value: $256,503)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AWARD THE CONTRACT TO
MCFARLAND-JOHNSON IN THE AMOUNT OF $256,503. FUNDS ARE AVAILABLE IN DEPARTMENT
183, ECONOMIC DEVELOPMENT, EAST HOLLIS STREET INTERSECTION IMPROVEMENT GRANT

James Vayo, Downtown Specialist

This is a contract for design services from McFarland-Johnson for studying various alternatives and selecting a
preferred alternative for improvements to the intersection of Bridge Street and East Hollis Street adjacent to the
pair of bridges known as Taylor Falls that go into Hudson, adjacent to the former skate park area. The total
budget and federal dollars that’s been allocate to this project is $3.6 million and some change. This is 100
percent matched funds from DOT so none of this money is money that is procured on a municipal or a city
level.

Over the next several months, McFarland-Johnson will engage in a design process followed by community
input session that will result in a final design that will be put forth to DOT for approval to move onto the next
phase which will result in a construction project 18-24 months down the road.

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Finance Committee - Minutes - 2/21/2018 - P3

Finance Committee - Minutes - 2/21/2018 - P4

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__022120…

Finance Committee - 2/21/2018 Page 4
Alderman O’Brien

This will also encumber the new development that’s down there on Bridge Street and looking at that influx of
traffic into that at the East Hollis Street Bridge, correct?

Mr. Vayo

Are you talking about Bancroft Street?
Alderman O’Brien

Yes.

Mr. Vayo

Part of how this traffic improvement project came to bear was the result of coordination between the developer
for that new construction that you see over there and the City of Nashua to develop a comprehensive
improvement that would create new and improved access to that development. It was not the genesis of this
project, but it was part of the discussion of why this came to bear. Additionally, something that we will be
looking at during the design process is future connections to Crown Street and the Park and Ride facility. The
work that will be included here will not include in its scope a connection to Crown Street but it will include
observation and some documentation of design work that would allow a connection to happen in the future.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Amendment #2 to Post Construction Engineering Services Contract with Hayner Swanson
(Value: $77,630)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE
ORDER #2 TO THE CONTRACT WITH HAYNER SWANSON IN THE AMOUNT OF $77,630. SOURCE
OF FUNDING IS DEPARTMENT 160, ADMINISTRATION/ENGINEERING; BROAD STREET PARKWAY
BOND

ON THE QUESTION

Mayor Donchess

There’s still follow-up work to be done on the Broad Street Parkway. There is punch list items; small things
plus the wrapping up of the federal funds and the final approvals that are necessary, particularly the
repurposing of $4 million that resulted from the change in the route which was adopted in 2010. The City and
the federal DOT and state DOT agreed to change the route in 2010. Previous to that some property had bene
acquired, Nimco and some other buildings in the Millyard. When the route was changed those properties,
although already acquired, were no longer necessary. A couple of years ago the federal highway ruled that
because the properties had not been used, even though the acquisition had been approved by federal DOT,
they were not eligible expenses for federal reimbursement. Because the city had already expended so much
money of its own on the project, if the disallowance of those expenses which is somewhere between $4 - $5
million, meant that the city would not have been able to fully spend the earmark which had been designed for
this project back quite some time ago — 15 or more years ago — leaving $4 - $5 million on the table so to speak.

We went to the Congressional Delegation and got some help there. Senators Shaheen, Hassan and
Congresswoman Kuster worked with federal DOT and state DOT. They agreed to repurpose the funds to
approve a repurposing of the funds towards paving of major roads in the city. This is in addition to this $37
million paving project you’ve heard of. This money is being repurposed to pave Kinsley Street, part of Amherst
Street, Somerset Parkway and some other significant roads. The red-tape required in getting this repurposing

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Finance Committee - Minutes - 2/21/2018 - P4

Finance Committee - Minutes - 2/21/2018 - P5

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__022120…

Finance Committee - 2/21/2018 Page 5
approved is quite extensive. It’s still not totally okayed. We expect to get that soon, this spring. Hayner
Swanson is more involved in this whole repurposing issue than anyone else. They have a rather strong,
lengthy relationships with all of the parties and understand the regulations that are necessary to accomplish
this. This is basically making sure that we are able to fully take advantage of the federal funds that were
originally assigned to the project. This is bonded money. This is money that is still left over from the bonds
that the city sold pursuant to this project.
MOTION CARRIED
From: Dan Kooken, Purchasing Manager
Re: Change Order #1 to Construction Services Contract with Siemens for LED Street Lighting

(Value: $42,000)
MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE ORDER
#1 TO THE CONTRACT WITH SIEMENS IN THE AMOUNT OF $42,000. FUNDS ARE AVAILABLE IN
DEPARTMENT 161, STREETS; LED LIGHTING BOND
ON THE QUESTION
Alderman O’Brien
| am amazed that we only had 11 fixtures that seemed to have the type of damage for the type of winter that
we're having. That seems like an extremely low number compared to the 5,500 street lights that we have out
there. We're doing very good with the LEDs evidently.
Mr. Kooken
Yes, they are very durable. Some of this is to buy some fixtures for specific neighborhoods.
Alderman O’Brien

Very good.

From: Dan Kooken, Purchasing Manager
Re: 2018 Street Paving Program — Pavement Cores (Value: Not-To-Exceed $30,000)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT
TO S.W. COLE ENGINEERING IN AN AMOUNT NOT-TO-EXCEED $30,000. SOURCE OF FUNDING
IS DEPARTMENT, 161 STREETS; GENERAL OPERATING FUND, PAVING; AND, TRUST ACCOUNT,
54, PROPERTY SERVICES

ON THE QUESTION

Alderman Caron

Can you tell me when this is going to begin?

Mr. Kooken

| think it’s the spring.

Mayor Donchess

| think it is as soon as the weather allows. The point of this contract was to assess the streets that are going to
be paved. It will start as soon as the weather is good enough to begin the work.

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Finance Committee - Minutes - 2/21/2018 - P5

Finance Committee - Minutes - 2/21/2018 - P6

By dnadmin on Mon, 11/07/2022 - 11:46
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__022120…

Finance Committee - 2/21/2018 Page 6
Alderman Klee

When | spoke to them about the paving project, they said that they were still working on getting us a list. Is this
just the core testing?

Mr. Kooken

They will go out on certain streets and take a core so they know they are getting the materials and thickness
they need to get. I’m not sure if they know specifically where they are going to do those cores yet.

Alderman Klee

Does this defer us getting the paving list? | thought they said they would have that at the beginning of March.
Mayor Donchess

| don’t think this will effect that timing which | think is close to issuance but not yet.

Alderman Klee

Last | heard they were waiting to hear from the utility company to find out their jobs so we didn’t do over theirs.

Mayor Donchess

Concord Street will be on the list in case you were going to ask that question, the pothole question.

Alderwoman Kelly

I’m actually going to ask the pothole question. Based on this, will they be shifting some of the priorities and all
the lovely weather that has created so many potholes?

Mayor Donchess

| think this has to do with evaluating some of the work that’s been done and also looking at some of the streets.
| don’t think this will affect the street list.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Temple St. Guardrail (Value: Not-To-Exceed $120,000)

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT
TO WILLIAM P. DAVIS EXCAVATION, LLC IN AN AMOUNT NOT-TO-EXCEED $120,000. FUNDS ARE
AVAILABLE IN DEPARTMENT 160, ENGINEERING; HIGHWAY BLOCK GRANT

ON THE QUESTION

Alderman Harriott-Gathright

Where is this on Temple Street?

Mayor Donchess

If you proceed east on Temple and go by the Senior Center, you come to that end, take a left and keep going.
As you pass St. Stanislaus on the left in that area on the north side of street there is a fence that’s right along

Page Image
Finance Committee - Minutes - 2/21/2018 - P6

Finance Committee - Agenda - 8/17/2022 - P266

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
266
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081720…

Professional Engineer, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Professional Engineer's
performance under the contract. Professional Engineer shall provide to the City of Nashua within
10 calendar days, a written proposal for accomplishing the change. The proposal for a change shall
provide enough detail, including personnel hours for each sub-task and cost breakdowns of tasks,
for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua will then
determine in writing if Professional Engineer should proceed with any or all of the proposed
change. !f the change causes an increase or a decrease in Professional Engineer's cost or time
required for performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Professional Engineer for adjustment under
this clause shall be asserted in writing within 30 days of the date the City of Nashua notified
Professional Engineer of the change.

When Professional Engineer seeks changes, Professional Engineer shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the City
of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Professional Engineer should proceed with any or all of the proposed change.

Except as provided in this paragraph, Professional Engineer shall implement no change unless the
City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is critical
or public health and safety are of concern. Any verbal approval shall be confirmed in writing as
soon as practicable. Any change undertaken without prior City of Nashua approval shall not be
compensated and is, at the City of Nashua's election, sufficient reason for contract termination.

CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Professional Engineer in the performance of its work under this contract and that such
personnel will be available to Professional Engineer for consultation at reasonable times and after
being given sufficient advance notice that will prevent conflict with their other responsibilities.
The City of Nashua also agrees to provide Professional Engineer with access to City of Nashua
records in a reasonable time and manner and to schedule items that require action by the Board of
Public Works and Finance Committee in a timely manner. The City of Nashua and Professional
Engineer also agree to attend all meetings called by the City of Nashua or Professional Engineer to
discuss the work under the Contract, and that Professional Engineer may elect to conduct and record
such meetings and shall later distribute prepared minutes of the meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to Professional
Engineer. All future questions Professional Engineer may have concerning interpretation or
clarification of this contract shall be submitted in writing to the City of Nashua within 10 calendar
days of their arising. The writing shall state clearly and in full detail the basis for Professional
Engineer's question or position. The City of Nashua representative shall render a decision within
15 calendar days. The City of Nashua's decision on the matter is final. Any work affected by a
conflict, error, omission, or discrepancy which has been performed by Professional Engineer prior
to having received the City of Nashua's resolution shall be at Professional Engineer's risk and
expense. At all times, Professional Engineer shall carry on the work under this contract and

GC Jof tl

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Finance Committee - Agenda - 8/17/2022 - P266

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