Finance Committee

City of Nashua, NH (signature) Electric Light Company (signature)

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

Date Date

9 | Page

19, RIGHTS AND REMEDIES. ‘The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties, obligations,
rights, and remedies otherwise imposed or available by law. Said rights and remedies to be had or exercised
in accordance with section 25, hereof.

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.

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:

> 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.

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

2. Provide the City of Nashua with a list of ail 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.

General Terms and Conditions

1. DEFINITIONS. Unless otherwise required by the context, "Service Provider” and its successors,
transferees and assignees (together “Service Provider”) includes any of the Service Provider's consultants, sub
consultants, contractors, and sub-contractors

2. WORK TO BE PERFORMED. Except as otherwise provided in this contract, Service Provider shall furnish
all services, equipment, and materials and shall perform all operations necessary and required to carry out and
perform the work as described in and in accordance with the specifications in the City of Nashua’s request for
proposals and the terms and conditions of the contract.

CONTRACT FOR SERVICE PROVIDER

2016 DW HIGHWAY VEHICLE DETECTION PROJECT
IFB0970-071116

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

ELECTRIC LIGHT COMPANY, INC
and its successors, transferees and assignees (together “Service Provider”)
NAME AND TITLE OF SERVICE PROVIDER

ONE MORGAN WAY
CAPE NEDDICK, ME 03902
ADDRESS OF SERVICE PROVIDER

To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: July 26, 2016
a

Wayne R. HuSband, P.E., Senior Traffic Engineer
Public Works Division Administration

DW Highway Vehicle Detection from Poisson Ave to Graham Drive