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2. In addition to the CONTRACTOR’s other obligations including warranties under the Contract,
the CONTRACTOR shall, for a period of one year after Substantial Completion, correct work
not conforming to the requirements of the Contract Documents.

3. If the CONTRACTOR fails to correct nonconforming Work within a reasonable time, the
OWNER may correct it and the CONTRACTOR shall reimburse the OWNER for the cost of the
correction.

ARTICLE 15 — PROHIBITED INTERESTS

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, non-contractual,
financial or otherwise, in this contract or in the business of the CONTRACTOR. 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 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. If OWNER determines that a conflict exists and was not
disclosed to the OWNER, it may terminate the contract at will or for cause.

ARTICLE 16 — TERMINATION OF THE CONTRACT

TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL

The OWNER, in its sole discretion, shall have the right to terminate, abandon, or suspend all or part
of the project and contract at will. If the OWNER chooses to terminate, abandon, or suspend all or
part of the project, it shall provide CONTRACTOR 10 day’s written notice of its intent to do so. If all
or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.
Provide the OWNER with a list of all unperformed services.

Place no further orders or sub-contracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work under
the contract that is not terminated.

d. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the OWNER of all orders or sub contracts to the extent they relate to
the performance of work terminated, abandoned, or suspended under the notice,
assign to the OWNER any orders or sub contracts specified in the notice, and revoke
agreements specified in the notice.

e. Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the OWNER to resume performance.

In the event of a termination, abandonment, or suspension at will, CONTRACTOR shall receive all
amounts due and not previously paid to CONTRACTOR for work satisfactorily completed in

Page 9 of 12

accordance with the contract prior to the date of the notice and compensation for work thereafter
completed as specified in the notice. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work.

TERMINATION FOR CAUSE

This agreement may be terminated by the OWNER on 10 calendar day’s written notice to
CONTRACTOR in the event of a failure by CONTRACTOR to adhere to any or all the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, to
complete or make sufficient progress on the work in a timely and professional manner.
CONTRACTOR shall be given an opportunity for consultation with the OWNER prior to the effective
date of the termination. CONTRACTOR may terminate the contract on 10 calendar days written
notice if, through no fault of CONTRACTOR, the OWNER fails to pay CONTRACTOR for 45 days after
the date of approval by the OWNER of any Application for Payment.

Upon receipt of notice of termination for cause, CONTRACTOR shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the OWNER with a list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract that
is not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the OWNER of all orders or sub contracts to the extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or sub contracts specified in the notice, and revoke agreements specified in the
notice.

5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the OWNER to resume performance.

In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not
previously paid to CONTRACTOR for work satisfactorily completed in accordance with the contract
prior to the date of the notice, less all previous payments. No amount shall be allowed or paid for
anticipated profit on unperformed services or other unperformed work. Any such payment may be
adjusted to the extent of any additional costs occasioned to the OWNER by reasons of
CONTRACTOR's failure. CONTRACTOR shall not be relieved of liability to the OWNER for damages
sustained from the failure, and the OWNER may withhold any payment to the CONTRACTOR until
such time as the exact amount of damages due to the OWNER is determined. All claims for payment
by the CONTRACTOR must be submitted to the OWNER within 30 days of the effective date of the
notice of termination.

If after termination for the failure of CONTRACTOR to adhere to any of the terms and conditions of
the contract or for failure to satisfactorily, in the sole opinion of the OWNER, to complete or make
sufficient progress on the work in a timely and professional manner, it is determined that
CONTRACTOR had not so failed, the termination shall be deemed to have been a termination at will.
In that event, the OWNER shall, if necessary, make an adjustment in the compensation paid to
CONTRACTOR such that CONTRACTOR receives total compensation in the same amount as it would
have received in the event of a termination-at-will.

Page 10 of 12

GENERAL PROVISIONS FOR TERMINATION

Upon termination of the contract, the OWNER may take over the work and prosecute it to
completion by agreement with another party or otherwise. Upon termination of the contract or in
the event CONTRACTOR shall cease conducting business, the OWNER shall have the right to solicit
applications for employment from any employee of the CONTRACTOR assigned to the performance
of the contract. Neither party shall be considered in default of the performance of such obligations
is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of
such party. Delays arising from the actions or inactions of one or more of CONTRACTOR's principals,
officers, employees, agents, subcontractors, sub consultants, vendors, or suppliers are expressly
recognized to be within CONTRACTOR's control.

ARTICLE 17 — DISPUTE RESOLUTION

The parties shall attempt to resolve any dispute related to this contract as follows. Either party shall
provide to the other party, in writing and with full documentation to verify and substantiate its
decision, its stated position concerning the dispute. No dispute shall be considered submitted and
no dispute shall be valid under this provision unless and 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 resolve the dispute through good faith efforts and negotiation between the OWNER
Representative and the 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 18 — CHOICE OF LAW AND VENUE

This contract shall be governed exclusively by the laws of the State of New Hampshire and any claim
or action brought relating to this contract, the work performed or contracted to be performed
thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New
Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit Court—
Nashua and not elsewhere

ARTICLE 19 — MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent
of the other.

Page 11 of 12

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) Fimbel Paunet dba Fimbel Garage Doors
CONTRACTOR (signature)

James W. Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

Page 12 of 12

APPENDIX A

0285-110221
DPW Street Department Garage Doors Replacement

> SCOPE OF WORK

> SPECIFICATIONS

>» GENERAL REQUIREMENTS

IFBO285-110221 DPW Street Department Garage Doors Replacement Pagel 1of 2

SCOPE OF WORK

The City of Nashua, NH, herein referred to as “the City”, is soliciting proposals from qualified vendors for the replacement
of five (5) garage bay doors at the City of Nashua’s Division of Public Works (DPW) Street Department, located at 9
Stadium Drive, Nashua NH, 03062.

SPECIFICATIONS

Work for the five (5) garage bay doors in accordance with the following specifications:

>» Removal of existing garage bay doors, including tracks

> Supply and install five (5) replacement insulated overhead garage doors 16’-2” wide x 14’ high, to include
¢ apedestrian pass door or man door;
e four (4) 12”x 9” insulated windows;

¢ a12’ height lift; and
¢ aone (1) horse powered; three (3) phase heavy duty opener

GENERAL REQUIREMENTS

Normal working hours shall be from 6:30 AM to 5:00 PM Monday through Friday.
As a door is taken down it needs to be secured (replaced) the same day due to weather and security requirements.

The City will be responsible for the removal and disposal debris of the existing garage bay doors.

IFBO285-110221 DPW Street Department Garage Doors Replacement Page I 2 of 2

Fimbel Paunet dba Fimbel Garage Doors Submission of November 02, 2021

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO /FB

BID FORM

PROJECT IDENTIFICATION: \FBO285-110221

CONTRACT IDENTIFICATION AND NUMBER: DPW Street Department Garage Doors Replacement

THIS BID IS SUBMITTED TO: City of Nashua, New Hampshire
Purchasing Department 229
Main Street, City Hall Nashua,
NH 03061-2019

1. The undersigned Vendor proposes and agrees, if this BID is accepted, to enter into an agreement with the
City in the form included in the BID Documents to perform all Work as specified or indicated in the BID
Documents for the prices and within the times indicated in this BID and in accordance with the other terms
and conditions of the BID Documents.

2: The Vendor accepts all of the terms and conditions of the Advertisement or Request for BID and Instructions
for Bidders, including without limitation those dealing with the disposition of Security. The bid will remain
subject to acceptance for ninety 90 days after the day of bid opening, or for such longer period of time that
Vendor may agree to in writing upon request of the City.

3. In submitting this BID, Vendor represents, as set forth in the Agreement, that:

A. Vendor has examined and carefully studied the BID Documents and the following Addenda,
receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

\ 10 /t

B. Vendor has visited the Site and become familiar with and is satisfied as to the general, local and
site conditions that may affect cost, progress, and performance of the work.

C. Vendor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that
may affect cost, progress and performance of the Work.

IFBO285-110221 DPW Street Department Garage Doors Replacement Page l2of8

Board of Aldermen — 8/8/17 Page 12

might better go into that space. Nevertheless in the committee | support the $36,000 to keep the option open
at least to transfer the funds at this time. | support it now for the same reason. | think that the analysis
deserves a fair hearing and if we’re going to have it be meaningful, | think the option needs to remain open.
Again | have grave reservations about the project but | think that giving ourselves the time to analyze it
thoroughly would be a good idea. Thank you.

Alderman Deane
Roll call on this one Mr. President.
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Wilshire, Alderman Dowd, alderman Caron, Alderman Siegel,
Alderman Schoneman, Alderman McGuinness, Alderman O’Brien,
Alderman Lopez, Alderman McCarthy 9

Nay: Alderman Deane, Alderman Cookson, Alderman LeBrun, Alderman Moriarty 4
MOTION CARRIED
Resolution R-17-113 declared duly adopted.

R-17-114
Endorsers: Mayor Jim Donchess
APPROVING A THIRD AMENDMENT TO SITE LEASE AGREEMENT WITH NEW CINGULAR
WIRELESS RELATIVE TO ITS CELLULAR ANTENNA SITE AT MINE FALLS PARK

Given its second reading;

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-17-114
ON THE QUESTION
Alderman Cookson

Just briefly. | just wanted to let the Board know if they didn’t get the opportunity to review the Finance meeting
minutes which I’m sure they all did, there was discussion about the fact that this is the third of four. We should
be seeing another resolution come before us with the last tenant of the old pole moving to the newer pole that
was built by the New Cingular Wireless. With that being said, | believe that Attorney Bolton indicated that the
last tenant of the old pole their lease runs out in 2023 is that correct Attorney Bolton?

Attorney Bolton

| believe that’s right.
Alderman Cookson

So 2023. So that’s in another six years that we’re going to have two poles erected within feet of one another
when we ourselves have an ordinance that says we won't have two poles within a mile of one another. When |
posed that question to Attorney Bolton, the response was well we’re not going to do anything against
ourselves. That being said, we’ve got an ordinance that says we will not have two poles. | think this is a great
opportunity to persuade the last tenant of the pole to move their equipment knowing what our existing
ordinances are. With that being said, | think we should do everything in our power to get the last tenant moved
off of that pole so that we can deconstruct it and only have one pole within Mine Falls. Thank you.

MOTION CARRIED

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TOIFB

Vendor has obtained and carefully studied (or assumes responsibility for having done sa) all
additional or supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
Vendor, and safety precautions and programs incident thereto.

Vendor does not consider that any further examinations, investigations, explorations, tests, studies,
or data are necessary for the determination of this bid for performance of the Work at the price(s)
bid and within the times and in accordance with the other terms and conditions of the BID
Documents.

Vendor is aware of the general nature of work to be performed by the City and others at the Site
that relates to the Work as indicated in the BID Documents.

. Vendor has correlated the information known to Vendor, information and observations obtained
from visits to the Site, reports and drawings identified in the BID Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the BID Documents.

Vendor has given written notice of all conflicts, errors, ambiguities, or discrepancies that Vendor
has discovered in the BID Documents, and the written resolution thereof by the City is acceptable
to Vendor.

The BID Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance of the Work for which the BID submitted.

Vendor further represents that this BID genuine and not made in the interest of or on behalf of any
undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group,
association, organization or corporation; Vendor has not directly or indirectly induced or solicited any other
Vendor to submit a false or sham BID Vendor has not solicited or induced any individual or entity to refrain
from bidding; and has not sought by collusion to obtain for itself any advantage over any other Vendor or

over the City .

The requirements of the New Hampshire Revised Statutes Annotated shall apply to this project. The Vendor
is responsible for compliance with all applicable statutes. The entire set of the Revised Statutes Annotated

is available online at:

http://gencourt.state.nh.us/rsa/html/indexes/default.htm!

1FBO285-110221 DPW Street Department Garage Doors Replacement Pagel3of 8

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO IFB

6. The following documents are attached to and made a condition of this BID:
A. Bid Form — which includes a tabulation of Subcontractors, Suppliers and other individuals and
entities required to be identified in this proposal;
B. Bid Submission Form;
C. References; and
D. Any and all addendums issued after the release of this BID. Upon issuance, addendums can be
found on the City website or on Bid Express with the original BID documents
7 Communications concerning this BID shall be addressed to:
Jon Ibarra, Superintendent
City of Nashua Street Department
9 Stadium Drive, Nashua, NH 03062
SUBMITTED on , 20

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Business Name (typed or printed): Fishel Tanat Corp,

[_] Individual [_] Partnership Xi corporation [_] Joint Venture
Type:
[] General Rl General
| Publicly Traded [] Professional
C] Limited LC] Services

[_] Other [] Limited Liability

By: = aa (SEAL)

. Pe ae (Individual's Signature, General Partner, Officer with authority to sign)

Doing Business as): Finalvel Garon. Deo ss

Business Address: 281 Qaniel UWjlebster Wishwoy

MAercivaancki por C3054 _

Phone: (G03) 424\-11784 Email: AAoinc aud @ Fiabe CORA
Date and State of Organization: AJew) amp Sbrre_
Date and State of Incorporation: None. VA “AAS New Ram pw

Date of Qualification to do business is

IFBO285-110221 DPW Street Department Garage Doors Replacement Page| 4of8