Search

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

Provide the OWNER with a list of all unperformed services.

C. 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.

ass

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
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

CA- 10 of 12

Board of Aldermen — 9/12/17 Page 16

“Dear Nashua Board of Aldermen. We believe that the majority of Nashuans support the initiative to bring a
modern performing arts center to downtown Nashua as proposed at the 201 Main Street location. At a recent
meeting of the Budget Review Committee, we shared results of our survey which indicated over 65 percent
support for the initiative. This survey, however, is just one data point. Over the past two weeks, Great
American Downtown has been working to garner signatures from community members to demonstrate the
depth of support of the proposed performing arts center and illustrate that level of support by Ward. These
additional data points further illustrate support for the performing arts center. You have received the document
which demonstrates signers from our on-line petition with their home addresses and their ward number. These
are signatures received through September 9" and you’ve also received a second set of signatures that were
brought in over the weekend.”

You'll have to excuse my informal attire tonight. | was hoping to go home and change but | was surprised to
find this afternoon that we had over 100 additional signers for the on-line petition. It took a good bit of time to
compile that data this afternoon. Our on-line petition reads, “We the undersigned petition the Nashua, New
Hampshire Board of Aldermen to unanimously vote yes on the passage of legislation relative to bonding the
proposed performing arts center at a meeting of the full Board of Aldermen at 7:30 p.m. on Tuesday,
September 12". We believe the arts enliven, connect, and approve quality of life in our community. We
believe that a missing piece of the puzzle to success and vibrancy in downtown Nashua, New Hampshire lies
in having a modern performing arts facility. We are in support of efforts to make a well thought out vision for
modern performing center possible and want our local elected officials to support these efforts too. Over the
past several years the City of Nashua has been conducting exploratory and planning exercises to determine
the feasibility of and build a vision for a modern performing arts center.

Over the course of that time, the city Economic Development Department and consultants with expertise in
architecture, market analysis, performance venues, community outreach and other areas have been hard at
work. The City of Nashua has brought together community leaders, arts and performance organizations,
private performance oriented businesses, elected officials, and the broader community to the conversation.
After review of the regional market demand and several possible sites, the city and its consultants have
produced a report and plan that indicate that the 201 Main Street building would be the best site and that the
audience size of 500 to 700 is the right fit for the region. Since that time, the Board of Aldermen has
authorized a $3,600 amount of money to secure the building. We ask that you this evening support
unanimously the initiative to bond and build this facility.”

l’ll give you the breakdown of our on-line survey. We have received a total of 510 responses. In Ward 9, we
received a total of 47 signers. Ward 8, we received a total of 40 signers. Ward 7 we received a total of 40
signers. In Ward 6 we've received a total of 31 signers. In Ward 5 we've received a total of 50 signers. In
Ward 4 we received a total of 40 signers. In Ward 3 we’ve received a total of 100 signers. In Ward 2 we
received a total of 58 signers and in Ward 1 we've received a total of 60 signers. Our on-line petition used a
number of methods to ensure the validity of the information from signers including geographic IP restrictions,
duplicate e-mail address, and individual IP address restrictions, follow up questions designed to identify home
address, and ward of signers, and language geared to Nashuans specifically. However, we recognize that it is
important to take additional measures to confirm the identity and home address of signers if possible to
improve the validity of our efforts.

We've taken additional measures that allow us to demonstrate the level of support for many individuals in the
community using Notaries and Justice of the Peace to confirm the identify and address of individuals who have
taken the time to sign physical petitions. | have produced this evening for you an additional set of petitions
outlined by name, address, and ward with the data on the individual signers kind of organized by ward. These
physical petitions have been distributed to their relative ward aldermen at tonight’s meeting. Those are the
white copy officially notarized and | would ask that those be placed on file after you review them.

The way that it breaks down for a physical petitions, | was thinking that on a Thursday we might receive
somewhere between 40 and 60 signers for our petition. However over the course of the day from 7 a.m. to 7
p.m. at JaJaBelle’s last Thursday, we received a total of 198 physical signatures. Almost 200 people came out
that day to sign and met with about a dozen notaries who were on site throughout the day to verify their identify

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.

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

CA- 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) Mass Crane and Hoist Service (signature)

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

Date Date

CA- 12 of 12

LIST OF EXHIBITS

NOTICE OF AWARD

NOTICE TO PROCEED

CHANGE ORDER

CERTIFICATE OF SUBSTANTIAL COMPLETION
CERTIFICATE OF FINAL COMPLETION

CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN

“ARO OR >

DIVISION 5

EXHIBITS

NOTICE OF AWARD

DATED:

CONTRACTOR: Mass Crane and Hoist Service ADDRESS: 500 Potash Hill Road — Unit 1
Tyngsborough, MA 01879

OWNER: City of Nashua, New Hampshire ADDRESS: 229 Main Street
Nashua, NH 03060

PROJECT: Dry Well Hoist Replacement OWNER’S IFB1093-122920
CONTRACT NO.

TO CONTRACTOR:

You are notified that your Bid dated December 29, 2020 for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a contract for

For the replacement of one (1) 3-ton hoist that can traverse laterally and longitudinally along
the existing rail track in the dry well of the Headworks of the Main Control Building, at the
Nashua Wastewater Treatment Facility (NWTF).

(Indicate total Work, alternatives or sections or Work awarded)

The Contract Price of your contract is
FORTY-SEVEN THOUSAND TWO HUNDRED EIGHTY and 00/100 DOLLARS
($ 47,280.00)

The proposed Agreement that the OWNER expects to execute, accompanies this Notice of
Award.

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

2. You must deliver to the OWNER the Contract Security (Bonds), as specified in the
Contract Agreement (Article 5).

(List other conditions precedents).

1FB1093-122920
Dry Well Hoist Replacement NOTICE OF AWARD
Page 1 of 2

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

forfeited.

By

(FOR THE CITY OF NASHUA)

(TITLE)

ACKNOWLEDGEMENT OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged

By

The day of , 20

By

Title

1FB1093-122920
Dry Well Hoist Replacement NOTICE OF AWARD
Page 2 of 2

NOTICE TO PROCEED

DATED:

ADDRESS: 500 Potash Hill Road — Unit 1

CONTRACTOR: Mass C d Hoist Servi
ass Crane an ols ervice Tyngsborough, MA 01879

. . ADDRESS: 229 Main Street
OWNER: City of Nashua, New Hampshire Nashua, NH 03060
PROJECT: Dry Well Hoist Replacement OWNER’S 1FB1093-122920
CONTRACT NO.
TO CONTRACTOR:

You are notified that the Contract Times under the above contract will commence to run on

,2021. By that date, you are to start performing your obligations under

the Contract Documents. In accordance with Article 3 of the Agreement, the date of Substantial
Completion is , 2021 and the date of Final Completion is , 2021.

Before starting any Work at the Site, Contractor must comply with the following:

Owner: City of Nashua
(Owner Representative Signature)
By:
Title:
IFB1093-122920 NOTICE TO PROCEED

Dry Well Hoist Replacement
Page 1 of 2

ACKNOWLEDGEMENT OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged

By
The day of , 20
By
Title
IFB1093-122920 NOTICE TO PROCEED

Dry Well Hoist Replacement
Page 2 of 2

CHANGE ORDER

Change Order No.

Project: Dry Well Hoist Replacement
Contractor: Mass Crane and Hoist Service, 500 Potash Hill Road — Unit 1, Tyngsborough, MA 01879
Owner: City of Nashua, NH Owner's Contract No.: IFB1093-122920
Owner’s PO No: Executed Contract Date:
Date of Issuance: Upon City Approval Effective Date: Upon City Approval

The Contract is modified as follows upon execution of this Change Order:

Description:

Justification:

Attachments:

Change Order No.
IFB1093-122920 1 of 2
Dry Well Hoist Replacement