San) THE CITY OF NASHUA The Gate City’
Financial Services
Purchasing Department
June 9, 2016
Memo #16-156
TO: MAYOR DONCHESS
FINANCE COMMITTEE
SUBJECT: CONCORD STREET CROSSWALK IMPROVEMENTS (VALUE: $34,658)
DEPARTMENT: 161 STREETS; FUND: STREET DEPARTMENT PRIOR YEAR,
CROSSWALK IMPROVEMENTS ESCROW
Please see the attached communication from Sonia Shahnaj, P.E., City Engineer dated June 6, 2016 for
the information related to this purchase.
a '
DATE (MM/DD/VYTY)
ACORD CERTIFICATE OF LIABILITY INSURANCE ee
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
ELECTRIC LIGHT
conenny int
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)
James Donchess, Mavor
(Printed Name and Title)
Electric Light Co. Inc. (signature)
(Printed Name and Title)
Date
Date
9 | Page
18, NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract shall
be considered waived by the City of Nashua. There shall be no waiver of any past or future default, breach,
or modification of any of the terms and conditions of the contract unless expressly stipulated to by the City of
Nashua in a written waiver.
portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless.
11. FISCAL CONTINGENCY. All payments under this contract are contingent upon the availability to the
City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's obligations
under it shall be extinguished at the end of any fiscal year in which the City of Nashua fails to appropriate
monies for the ensuing fiscal year sufficient for the performance of this contract.
8. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Service Provider for damages because of hindrances or delays in the
progress of the work from any cause, and Service Provider agrees to accept in full satisfaction of such
hindrances and delays any extension of time that the City of Nashua may provide.
9. INSURANCE. Service Provider shall carry and maintain in effect during the performance of services
under this contract:
Upon receipt of notice of termination for cause, Service Provider shail:
1, Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the City of Nashua 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 City
5. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES.
