Skip to main content

Main navigation

  • Documents
  • Search

User account menu

  • Log in
Home
Nashua City Data

Breadcrumb

  1. Home
  2. Agenda

Agenda

Board Of Aldermen - Agenda - 10/6/2020 - P32

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P32

9. General Provisions
9.1 Dispute Resolution

Disputes regarding changes in and interpretations of the terms or scope of the Contract and
denials of or failures to act upon claims for payment for extra work or materials shall be
resolved according to the following procedures:

1) All claims by ESCO shall be made in witing and submitted to the Customer fora
written decision.

2) ESCO shall not delay, suspend, or curtail performance under the Contractas
a result of any dispute subject to this section.

Board Of Aldermen - Agenda - 10/6/2020 - P31

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P31

1) Performance and payment bonds shall secure 100% of the Contract Price (these
bonds apply only to the Work to be performed, and do not cover any
guaranteed savings)

Any performance and payment bonds shall be maintained in full force and effect by ESCO
until Project Acceptance. Customer agrees that upon Project Acceptance any performance
and payment bonds shall be released and any obligations arising thereunder shall be
terminated. AIA bond forms may be employed.

Board Of Aldermen - Agenda - 10/6/2020 - P30

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P30

injury to or destruction of tangible personal property, or to failures of the Work, including the
loss of use resulting therefrom, and is caused, in whole or in part, by any negligent act, error
or omission of ESCO, any consultant or associate thereof, anyone directly or indirectly
employed by ESCO. ESCO shall submit a Certificate of Insurance and policy endorsement
verifying said coverage upon execution of this Agreement and also any notices of renewals
of such policy as they occur.

8.6 Environmental Impairment Liability Insurance

Board Of Aldermen - Agenda - 10/6/2020 - P29

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P29

8. Insurance and Bond Requirements

8.1 Worker's Compensation Insurance
ESCO shall provide during the life of this Contract Worker's Compensation Insurance as
follows:
1) Workers Compensation Coverage A = Statutory Minimum
Employer's Liability Coverage B $500,000 each accident
2) $500,000 disease peremployee
3) $500,000 disease policy

8.2 Comprehensive General Liability

Board Of Aldermen - Agenda - 10/6/2020 - P28

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P28

24

the Customer demanding that such failure be cured or, if cure cannot be
effected in thirty (30) days, the Customer fails to begin to cure and proceedto
completion thereof as quickly as is reasonably possible.

ESCO Contract — Nashua Schools & EEI, Inc.

Board Of Aldermen - Agenda - 10/6/2020 - P27

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P27

thirty (30) days, ESCO fails to begin to cure and proceed to completion
thereof as quickly as is reasonably possible;

Board Of Aldermen - Agenda - 10/6/2020 - P26

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P26

7. Obligations of the Parties
7.1 Qbligations of ESCO

Board Of Aldermen - Agenda - 10/6/2020 - P25

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P25

21

equipment installed if different from requirements furnished upon installation or
if changes in technology or procedures affecting the equipment could extend
the useful life of the equipment or increase the conservation efficiency,

2) An overview of new technology or additional conservation measures for
the Customer to consider.

ESCO Contract — Nashua Schools & EEI, Inc.

Board Of Aldermen - Agenda - 10/6/2020 - P24

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P24

to honor the Performance Guarantee with respect to any portion of the Work in the event the
Customer: (i) fails to authorize a reacceptance test or recommissioning that ESCO
reasonably deems necessary in order to prevent a savings shortfall with respect to such
portion of the Work; (ii) fails to provide access to a site were such portion of the Work was
performed as required herein, (iii) fails to service and maintain all equipment associated with
such portion of the Work in accordance with the manufacturers’ recommendations in order

Board Of Aldermen - Agenda - 10/6/2020 - P23

By dnadmin on Sun, 11/06/2022 - 22:58
  • Read more about Board Of Aldermen - Agenda - 10/6/2020 - P23

AND REPRESENTATIONS SET FORTH IN THIS CONTRACT MAY ONLY BE MODIFIED
OR SUPPLEMENTED IN A WRITING EXECUTED BY A DULY AUTHORIZED
SIGNATORY OF EACH PARTY.

6.2 Evaluation of Savings Achieved

Pagination

  • Previous page ‹‹
  • Page 2549
  • Next page ››
Subscribe to Agenda

Footer menu

  • Contact