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Finance Committee - Agenda - 2/17/2021 - P208

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
208
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

14320-5
HOIST SYSTEMS

Cable reel electrification shall be provided using cable sized for the hoist and
designed for use on a cable reel (to prevent twisting under tension). The reel shall
be located to allow smooth operation of the hoist and be supplied with all brackets,
swivels, and connectors to provide complete installation.

Power shall be provided to the hoist via a flat cable festoon system. The festoon
system shall be supported from the I-beam and shall include cross-arm supports,
track hanger clamps, festoon track, track joint assemblies, tow trolley, intermediate
trolleys, end clamp, saddle assemblies, end caps, end stop, flat cable and flat cable
connectors. Festoon support components shall be manufactured of stainless steel.
Power to festoon system shall be provided via a NEMA-4X stainless steel junction
box mounted on the support column at the start of the festoon system and a
NEMA-4X lockable stainless steel hoist control station. The hoist control station
shall include a heavy duty 30A-3P disconnect switch.

2.7 ELECTRIC CONTROLS

A. Provide with an 8 push-button control for hoist, trolley and tractor drives. Cable
for pushbuttons shall be long enough to reach within three feet six inches (3'-6") of
the floor.

2.8 RATED LOAD

A. Each hoist shall be marked with its rated load. These markings shall be clearly
legible from the loading position.

B. Both sides of the each monorail track and/or I-beam shall be marked with its rated
load. These markings shall be clearly legible from the floor below.

2.9 SURFACE PREPARATION AND SHOP COATING
A. Provide surface preparation and shop coatings as indicated below:
SURFACEATEM | ppep aniston PRIMER INTERMEDIATE FINISH
Tnemec Series Tnemec Series Tnhemec Series
N69 Tneme- N69 Tneme- N69 Tneme-
Enclosed Ferrous Metal | \ssciurers | at3tosmils | atdtosmis | at3to Sail
Piping and Equipment Specifications OR OR OR
sw Macropoxy SW Macropoxy SW Macropoxy
646 atStoGmils | 646 at 3 to 6 mils 646 at 3 to 6 mils
2.10 CRANE SENTRY ZONE MANAGER (BID ITEM 2)

A. No-Fly zone manager for the overhead crane shall restrict bridge and trolley
movement around areas of electrical and HVAC panels in which the hoist is not
permitted to travel.

B. The system shall consist of a control module, long range laser distance sensors that
are visible CLII eye safe, and related brackets and quick connect cables.

C. The control module shall be sealed from dust and splashing water ingress and

include a clear cover over the main control panel.

Dry Well Hoist Replacement
IFB1093-122920

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Finance Committee - Agenda - 2/17/2021 - P208

Finance Committee - Agenda - 2/17/2021 - P209

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
209
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

14320-6
HOIST SYSTEMS

The laser sensors shall be environmentally rated to IP65 for industrial use in
process facilities, along with a +60deg C upper operating temp limit.

The standard system shall be capable of being configured to monitor restricted
zones around process piping and other machinery using a pair of laser distance
sensors monitoring the position of the bridge and trolley throughout the crane
runway and span. The position of the bridge and trolley relative to the fixed
structure is always known.

The system shall be capable of monitoring a runway up to 1640 ft / 500 m when
equipped with a special orange reflective target plate; or at closer range under 200
ft., a natural target may be acceptable.

Each no-fly zone shall be configured by teaching 2 diagonal corners. Stop and
slow buffers can be adjusted via on-screen parameters.

The no-fly zone system interface to a crane drive of contactor type via built in relay
contacts to disable bridge and trolley functions in the appropriate directions.

Crane Sentry Zone Manager shall be from the Crane Sentry product line with
Laser-View Technologies (manufacturer); or equal.

PART 3 - EXECUTION

3.1

3.2

3.3

3.4

INSTALLATION

A.

The Contractor shall verify all dimensions and clearances in the field prior to
erection and shall be responsible for the proper fitting and operation of the
equipment.

B. Install in strict accordance with the manufacturer’s instructions. Installation shall
include furnishing any required oil and grease in accordance with the
manufacturer's instructions.

USE DURING CONSTRUCTION

A. At no time during the construction period shall the monorail, I-beam, hoist and
trolley be used by the Contractor for construction purposes. The hoist/trolley
manufacturer shall render the equipment inoperable until final testing, checkout
and startup.

START UP AND TESTING

A. The monorail, trolley and hoist shall be tested at the rated load by the Contractor to
demonstrate the ability to lift and continuously transport the load throughout the
entire length of the runway.

B. Contractor shall provide necessary weights, slings, etc., necessary for conducting
the test. Weights shall be calibrated.

CLEANING
A. Contractor shall thoroughly clean all installed materials and equipment and touch

up factory finish as required.

END OF SECTION

Dry Well Hoist Replacement
IFB1093-122920

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Finance Committee - Agenda - 2/17/2021 - P209

Finance Committee - Agenda - 2/17/2021 - P210

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
210
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: Mass Crane and Hoist Service

500 Potash Hill Road — Unit 1
Tyngsborough, MA 01879

and its successors, transferees and assignees
(together “CONTRACTOR?” )

For the following Project: | Dry Well Hoist Replacement

IFB1093-122920

ARTICLE 1 —- THE CONTRACT DOCUMENTS

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

1.

SANAMNFEYN

9.

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

Technical Specifications;

Schedule of Values submitted December 29, 2020;

Payment and Performance Bonds;

Insurance Certificate;

Notice of Award;

Notice to Proceed;

Written change orders for minor changes in the Work issued after execution of this
Agreement; and

Fully Executed OWNER Purchase Order

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

CA- 1 of 12

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Finance Committee - Agenda - 2/17/2021 - P210

Board Of Aldermen - Minutes - 9/12/2017 - P18

By dnadmin on Sun, 11/06/2022 - 21:54
Document Date
Tue, 09/12/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 09/12/2017 - 00:00
Page Number
18
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__091220…

Board of Aldermen — 9/12/17 Page 18

foundation in downtown Nashua. You have some terrific restaurants and terrific businesses. It’s really grown
and become more vital and they’ve done that for you. So now let’s support them. Let’s support the Peacock
Players, the Nashua Actors Guild, the Nashua Area Artist Association, the Sculpture Symposium. These are
organizations and efforts worth lifting up with us. | would like to close with | think there’s nothing that brings
people together as a community more than a love of music, art, theater, and good food. Thank you.

Nelson Hernandez, 19 Spring Cove Road.

I'll keep it brief since other people have said a lot more eloquent stuff than | can. I’m Nelson Hernandez. I’ve
lived in and out of 19 Spring Cove Road in Ward 5 for the past 16 years. | want to say that | graduated from
Boston University about five years ago and | work in the marketing technology sector. | want to say that
people like me so my peers and | what we look for in a town when we’re trying to look for a place to live is how
vibrant is the cultural community in that town. Most people my age and in my social economic group always
took to Boston, or Manchester, or Cambridge, or so on because those cities offer a lot of cultural opportunities.
That’s why | think that this center would be great for Nashua because it brings those type of amenities that
those cities have right here in Nashua. So we don’t have to go elsewhere or when we go to college and come
back and graduate, we can just come here. We don’t have to look elsewhere.

My generation is going to be the future of the country so | think that for us we would really like to have a center
like this come to our city so that when we come here either to move here or to visit our parents or whatever, we
can also partake in the Nashua community and buy whatever stuff after the show or whatever and just partake
in the greater community in Nashua. That’s all | wanted to say. Thank you so much for letting me speak and
thank you for everyone who has already spoken. A lot of good points have been brought up. Thank you.

Jessica dePontbriand, 15 Bailey

Board of Aldermen and Mayor Donchess. Jessica dePontbriand owner of jajaBelle’s. Mostly Ward 1 life-long
resident, mostly. | left at the last meeting at about midnight and | woke up at 3 a.m. My wheels were turning.

When you own a coffee shop going to bed at midnight and waking up at 3 a.m. is not fun. | was really thinking
about a city in a downtown that | grew up in. | was thinking about the city that | left and the city that | returned
for no other reason but to bring my business to Nashua.

One thing I’ve learned in life and definitely business is that we have to take risks sometimes that we don’t
necessarily know we can afford but we know we can’t afford not to. The performing arts center is one of those
crossroads. We are at the crossroads with this. Nashua has played it safe for a very long time and as a result,
we are in trouble with attracting and retaining our millennials. | grew up in Ward 1 before | Knew what
millennials were. My friends they’re graduates of Duke University, Bentley, Notre Dame but no one chose to
return to Nashua. They visit at Christmas time and at Thanksgiving. As a business owner, I’ve been blessed
with a wonderful staff. When | do lose my girls, | lose them to much more exciting cities and that’s the truth.

| Know it’s not the city’s responsibility to claim the success or the failure of my business. Itis mine. However
when | don’t know some of you may not recognize is that the downtown merchants and restaurants we’re the
welcoming committee to your city. When people come into our town they don’t go to the south end to check
out Nashua. They come straight to the downtown and we’re the ones that welcome them and we are the
reason they return to Nashua. A few things I’ve learned about visitor to Nashua. First of all, they never
complain about parking. It’s really kind of a local thing. It’s the truth. The next thing they always do is always
comment on how beautiful our downtown actually is. A lot of come into my shop wanting to move to downtown
Nashua and then they ask me the dreaded question. What is there to do? That’s where I’m at a loss. | started
my business JaJaBelle’s over 10 years ago in Vail, Colorado.

| have maintained my customer base. My customers who have multiple homes throughout this country and
some pretty magnificent spots and whenever they’re on the east coast | get a phone call. Hey how far is your
show from and they get in the car and they have driven hours to come check out my hometown of Nashua,
New Hampshire, and come and check out JaJaBelle’s. The first comment they always make — not it’s actually
the second comment. The first comment is they’re proud. The second comment they always make is they

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Board Of Aldermen - Minutes - 9/12/2017 - P18

Finance Committee - Agenda - 2/17/2021 - P211

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
211
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a
written change order and/or fully executed City of Nashua Purchase Order, the terms of this
Agreement, the written change order or the fully executed City of Nashua Purchase Order shall
control over the terms of the Proposal.

ARTICLE 2— WORK TO BE PERFORMED

Except as otherwise provided in this contract, CONTRACTOR shall furnish all services,
equipment, and materials and shall perform all operations necessary and required to carry out and
perform in accordance with the terms and conditions of the contract the work described.

DESCRIPTION OF WORK:

CONTRACTOR shall furnish and install one 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. The existing hoist is a Yale 3-ton model 651CL (serial number AR-203058) with a
Louden motor model 3AL (serial no. L17111TT) for traverse bridging across the dry well. The
existing hoist shall be replaced with the same unit or equal, but with the added capability to
traverse longitudinally. The CONTRACTOR shall determine how to install a track and motor
to provide motorized traverse movement of the hoist. Add Alternate- 1 work (to provide laser
system to stop hoist from reaching electrical panels) to be included in final contract if awarded.

ARTICLE 3 — PERIOD OF PERFORMANCE
Project will begin once a written “Notice to Proceed” is issued.

The CONTRACTOR will have 90 calendar days from the date of issuance of the Notice to
Proceed to reach Substantial Completion of the project, which assumes a 60 calendar day lead
time to order and deliver the hoist and motorized traverse system, and an additional 30 calendar
day to reach Final Completion including final testing and delivery of all product materials and
warranty information.

Liquated damages of TWO HUNDRED AND FIFTY dollars ($250.00) per_calendar day will be
assessed for delays beyond the established dates for substantial completion and final completion.

ARTICLE 4— CONTRACT SUM

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

FORTY-SEVEN THOUSAND TWO HUNDRED EIGHTY and 00/100 DOLLARS
($ 47,280.00)
The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

CA- 2 of 12

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Finance Committee - Agenda - 2/17/2021 - P211

Finance Committee - Agenda - 2/17/2021 - P212

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
212
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

ARTICLE 5 — INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:

> General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;

>» Motor Vehicle Liability: $1,000,000 Combined Single Limit;*Coverage must include all
owned, non-owned and hired vehicles; and

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

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

1. Withholding of income taxes by the OWNER:
. Industrial insurance coverage provided by the OWNER;
3. Participation in group insurance plans which may be available to employees of the
OWNER;
4. Participation or contributions by either the independent CONTRACTOR or the OWNER
to the public employee’s retirement system;
Accumulation of vacation leave or sick leave provided by the OWNER;
6. Unemployment compensation coverage provided by the OWNER.

WN

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

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

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

CA- 3 of 12

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Finance Committee - Agenda - 2/17/2021 - P212

Finance Committee - Agenda - 2/17/2021 - P213

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
213
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

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

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

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

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

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

General Terms and Conditions

ARTICLE 6 —- GENERAL PROVISIONS

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

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

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

4. In the case of a discrepancy, calculated dimensions will govern over scaled dimensions,
Contract Drawings will govern over Standard Specifications, and Technical Specifications
will govern over both Contract Drawings and Standard Specifications. In the case of a
discrepancy between the Agreement and other Contract Documents, the more specific or
stringent obligation or requirement to the benefit of the OWNER shall take precedence.

5. The CONTRACTOR shall take no advantage of any apparent error or omission in the
Contract Drawings or Technical Specifications, and the Engineer will be permitted to make
such corrections and interpretations as may be deemed necessary to fulfill the intent of the
Contract Documents.

CA- 4 of 12

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Finance Committee - Agenda - 2/17/2021 - P213

Finance Committee - Agenda - 2/17/2021 - P214

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
214
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

ARTICLE 7 —- OWNER

1.

Prior to the start of Construction, the CONTRACTOR shall obtain an Electrical Permit
from the City of Nashua’s Department of Building Safety, prior to performance of services
under this contract: There will be no cost for the Electrical Permit.

Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work
until the correction is made.

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

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

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

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

ARTICLE 8— CONTRACTOR

1.

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

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

Within ten (10) days of notification of award, and prior to commencement of work, the
CONTRACTOR shall obtain and forward to OWNER a Payment Bond and a
Performance Bond representing 100% of the contract work. The cost_of these bond
premiums will be at no additional cost to the OWNER.

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

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

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

CA-5 of 12

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Finance Committee - Agenda - 2/17/2021 - P214

Finance Committee - Agenda - 2/17/2021 - P215

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
215
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

10.

11.

12.

13.

14.

15.

16.

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

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

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

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

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

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

The CONTRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits, the Contract Documents and the OWNER.

The CONTRACTOR shall be responsible for cutting, fitting or patching required
completing the Work or to make its parts fit together properly.

The CONTRACTOR shall keep the premises and surrounding area free from
accumulation of debris and trash related to the Work.

Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for
one (1) year, and that all WORK was completed in accordance with the Contract
Documents and will not be defective. CONTRACTOR’s warranty and guarantee
hereunder excludes defects or damage caused by:

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

> Normal wear and tear under normal usage.

ARTICLE 9 — CHANGES IN THE WORK

1.

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

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

CA- 6 of 12

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Finance Committee - Agenda - 2/17/2021 - P215

Finance Committee - Agenda - 2/17/2021 - P216

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
216
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

3.

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

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

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

ARTICLE 10 — TIME

1.
2.

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

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

ARTICLE 11 —- PAYMENTS AND COMPLETION

1.

The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work
under the Contract Documents.

Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application
for Payment for operations completed in accordance with the values stated in the
Agreement. Such application shall be supported by such data substantiating the
CONTRACTOR’s right to payment as the OWNER may reasonably require.

Application for Payment performed under this agreement shall be submitted as follows:

>» Electronically via email to VendorAPInvoices@NashuaNH. gov

OR

>» Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the
OWNER requires that all submitted invoices contain a valid PURCHASE ORDER
NUMBER.

The CONTRACTOR warrants that title to all Work covered by an Application for
Payment will pass to the OWNER no later than the time of payment. The
CONTRACTOR further warrants that upon submittal of an Application for Payment, all

CA- 7 of 12

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Finance Committee - Agenda - 2/17/2021 - P216

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