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Finance Committee - Agenda - 10/5/2016 - P97

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
97
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

EXHIBIT C

NOTICE OF AWARD
DATED:
TO:
(Independent Contractor)
ADDRESS:
PROJECT:

(Insert name of Contract)

The Contract Price of your contract is

The proposed Contract that the City of Nashua expects to execute, é

1. You must deliver to the City of Nashua fully #liecuted co
that the City of Nashua expects to execute; a

4

ty (Bonds), as specified in the General
f Liability Insurance, as specified in General

Conditions, Section 11- Insurance.

3. (List other conditions precedents)

Failure to comply with thes: ‘condi < with. “lie time specified will entitle the City of Nashua to consider your
proposal in default, to ap | this Notic,, of Award.

(FOR THE CITY OF NASHUA)

(TITLE)

Notice of Award

Page Image
Finance Committee - Agenda - 10/5/2016 - P97

Finance Committee - Agenda - 10/5/2016 - P98

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
98
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

EXHIBIT D-1

CONSTRUCTION PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(Name of Surety)
(Address of Surety)

hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner)

hereinafter called OWNER and unto all persons, firms
labor, or who furnish materials to perform as described

and assigns, in the total aggregate penal sum of Dollars,

($ ) in lawful money of the Uni. atc. cor the payment of which sum well and

truly to be made, we bind ourselves. ti
ea

THE CONDITION OF Te
ae

af
certain contract with the®

20 , a copy of which. -h

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and
corporations furnishing materials for or performing labor in the prosecution of the WORK provided
for in such contract, and any authorized extension or modification thereof, including all amounts
due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and
tools, consumed or used in connection with the construction of such WORK, and for all labor cost
incurred in such WORK including that be a subcontractor, and to any mechanic or material man
lienholder whether it acquires its lien by operation of State or Federal Law; then this obligation
shall be void; otherwise to remain in full force and effect.

PY - 1 of 3

Page Image
Finance Committee - Agenda - 10/5/2016 - P98

Finance Committee - Agenda - 10/5/2016 - P99

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
99
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and
persons, firms, and corporations having a direct contract with the PRINCIPAL or its
SUBCONTRACTORS.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to the
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in
any way affect its obligation on this BOND, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS.

PROVIDED, FURTHER that no suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with th¢;,PRINCIPAL shall have
given written notice to any two of the following: The PRINCIP“L, the OWNER, or the
SURETY above named within ninety (90) days after such clgim did or performed the last of
the work or labor, or furnished the last of the materials for witich sa. ‘claim is made, stating with
substantial accuracy the amount claimed and the name, GT the party tov. ein the materials were
furnished, or for whom the work or labor was done ¢¢ rerfor ag aed. Suck notice shall be served by
mailing the same by registered mail or certified mail, p re prepaid, in an envelope addressed
to the PRINCIPAL, OWNER, or SURETY, at any place wore an office is regularly maintained
ee iCy egal process may be served in the
ave Peels ‘service need not be made by a
public officer. (b) After the expiration « of one (1 ar foulowing the date on which PRINCIPAL
ceased work on said CONTRACT 40'u- . g under. tood, however, that if any limitation embodied
in the BOND is prohibited by ap aw Ch avolling fie construction hereof, such limitation shall

be deemed to be amended so as to & 4 ua..002 minimum period of limitation permitted by
such law. XS

PROVIDED, FURP#.°, that i xptessly agreed that this BOND shall be deemed amended
automatically and immed. aly, wif ,out formal and separate amendments hereto, upon
amendment to the Contract fi: sivfreasing the contract price more than 20 percent, so as to bind
the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so
amended. The term "Amendment", wherever used in this BOND and whether referring to this
BOND, the contract or the loan Documents shall include any alteration, addition, extension or
modification of any character whatsoever.

PROVIDED FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.

PY -2 of 3

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Finance Committee - Agenda - 10/5/2016 - P99

Finance Committee - Agenda - 10/5/2016 - P100

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
100
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

IN WITNESS WHEREOF, this instrument is executed

in counterparts, each one of

(number)

which shall be deemed an original,
this day of , 20

ATTEST:

Principal

By:

(Principal) Secretary

(SEAL) BY

(Address)

By:

Witness as to Principal

(Address)

(Surety)

ATTEST:

Attorney - in - Fact

By

Witness as to Surety (Address)

(Address 5

NOTE: Date of BOND mus sotdle prior to date of Contract.
If CONTRACTOR is partner: ip, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's

most current list (Circular 570 as amended) and be authorized to transact business in the State of
New Hampshire.

PY -3 of 3

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Finance Committee - Agenda - 10/5/2016 - P100

Finance Committee - Agenda - 10/5/2016 - P101

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
101
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

EXHIBIT D-2

CONSTRUCTION PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(Name of Surety)
(Address of Surety)

hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner)
hereinafter called OWNER, in the total aggregate penal’s

copy of which is hereto atta:.,»ed ax:d made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original
term thereof, and any extension thereof which may be granted by the OWNER, with or without
notice to the Surety and during the one year guaranty period, and if the PRINCIPAL shall
satisfy all claims and demands incurred under such contract, and shall fully indemnify and save
harmless the OWNER from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may
incur in making good any default, then this obligation shall be void: otherwise to remain in full
force and effect.

PF -1 of 2

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Finance Committee - Agenda - 10/5/2016 - P101

Finance Committee - Agenda - 10/5/2016 - P102

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
102
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to WORK
to be performed thereunder or the specifications accompanying same shall in any way affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time
alteration or addition to the terms of the contract or to the WORK or to the specifications.

PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than 20 percent, so as to bind
the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so
amended. The term "Amendment", wherever used in this BOND and whether referring to this
BOND, the contract or the loan Documents shall include any alteration, addition, extension or
modification of any character whatsoever.

PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be

unsatisfied. Gres,
IN WITNESS WHEREOF, this instrument is executed

counterparts, each one of

which shall be deemed an original,

this , 20
ATTEST:
Principal
By:
(Principal) Secretary
(SEAL)
(Address)
By: ia ah & : : 7
Witness as to Pring L-
en Ss :
(Address)
(Surety)
ATTEST: BY
Attorney - in - Fact
By
Witness as to Surety (Address)
(Address)

NOTE: Date of BOND must not be prior to date of Contract.
' If CONTRACTOR is Partnership, all partners should execute BOND

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State of
New Hampshire

PF -2o0f2

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Finance Committee - Agenda - 10/5/2016 - P102

Finance Committee - Agenda - 10/5/2016 - P103

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
103
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

EXHIBIT E

NOTICE TO PROCEED
DATED:
TO:
(Independent Contractor)
ADDRESS:
PROJECT:

(Insert name of Contract)

You are notified that the Contract Times under the above contract will commence to run on
, 20 . By that date, you are to start performing your obligations under the
Contract Documents, in accordance with the terms of the Agreement.

Also before you may start any Work at the site you must:
y

1 of 1

Notice to Proceed

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Finance Committee - Agenda - 10/5/2016 - P103

Finance Committee - Agenda - 10/5/2016 - P104

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
104
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

EXHIBIT F

CHANGE ORDER
No.

PROJECT:
OWNER’S CONTRACT NO:
EXECUTED CONTRACT DATE:
DATE OF ISSUANCE: EFFECTIVE DATE: Upon City Approval
OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.:
CONTRACTOR: ;

ae

You are directed to make the following changes in the Contra¢t Documents:

Description:

Justification:

Change Order # 1 of 2

Page Image
Finance Committee - Agenda - 10/5/2016 - P104

Finance Committee - Agenda - 10/5/2016 - P105

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
105
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$

CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion:
Ready for final payment:

Net changes from previous Change Orders

$

Net change from previous Change Orders

Contract Price prior to this Change Order

$

Contract Times prior to this Change Order

Substantial completion:
Ready for final paysient?

Net Increase (deerease} of this Change Order

$

Net Increase Rcreas. f this Change Order

ie

Contract Price with all approved Change Orders

$

final¢payment:

RECOMMENDED:

By:
Name
DPW Representative .
(Authorized Signature)

Date:

APPROVED:

By
Mayor Jim Donchess
Owner
(Authorized Signature)

Date:

Change Order # 2 of 2

Page Image
Finance Committee - Agenda - 10/5/2016 - P105

Finance Committee - Agenda - 10/5/2016 - P106

By dnadmin on Mon, 11/07/2022 - 09:49
Document Date
Wed, 10/05/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/05/2016 - 00:00
Page Number
106
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100520…

THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

September 29, 2016
Memo #1 7-057

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CHANGE ORDER #1 — 2016 SEWER REPLACEMENT PROJECT (VALUE: $419,325)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
ACTIVITIES: SEWER REHAB AND SEWER STRUCTURES
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: TRUST
ACTIVITY: PAVING

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated September
29, 2016 for the information related to this purchase.
The City Engineer, Board of Public Works (9/29/2016 meeting) and the Purchasing Department

recommend this contract Change Order #1 in an amount of $419,325 to Park Construction Corporation
of Fitzwilliam, NH.

Respectfully

Ce
‘Dan Kooken

Purchasing Manager

Ce: S Dookran L Fauteux

229 Main Street e Nashua, New Hampshire 03061 » Phone (603) 589-3330 e Fax (603) 589-3344

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Finance Committee - Agenda - 10/5/2016 - P106

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