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City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

April 27, 2022
Memo #22-267

TO: Mayor Donchess
Finance Committee

SUBJECT: Bridge Repairs to the Canal Street Bridge in the amount not to exceed $373,750 funded
from 81300 Machinery & Equipment/81100 Capital Improvements/HW Block Grant

Please see attached communications from Daniel Hudson, City Engineer, dated April 28, 2022 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item:

Value:
Vendor:

Department:
Source Fund:

Ordinance:

Concrete repairs to the east abutment, center pier and a portion of the bridge
barrier on the Canal Street Bridge

not to exceed $373,750

New England Infrastructure, Inc.

160 Admin/Engineering

81300 Machinery & Equipment - $319,319.46

81100 Capital Improvements - $54,430.54

HW Block Grant

Pursuant to § 5-78 Major purchases (greater than $25,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated
cost thereof shall exceed $25,000 shall be purchased by formal, written contract
from the lowest responsible bidder, after due notice inviting bids.

A competitive bidding IFB for this project was issued on 3/24/2022 and the following bids were received:

Vendor

Location Amount Note

New England Infrastructure | Hudson, MA $373,750 Includes base bid & bid alternate

Hansen Bridge LLC

New London, NH $448,190 Includes base bid & bid alternate

We recommend this bid to be awarded to the lowest total cost vendor who met the IFB specified

requirements.

The Board of Public Works (4/28/2022 BPW meeting), Division of Public Works: Engineering, and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson

Purchasing Manager

Ce: D Hudson
C O'Connor

To:

From:

Re:

H. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 28, 2022

Daniel Hudson, P.E., City Engineer
Engineering Department

Canal Street Bridge Concrete Repairs

To approve the award of the Canal St Bridge Repairs contract to New England
Infrastructure, Inc. of Hudson, MA in an amount of $373,750. Funding will be
through: Department: 160 Admin/Engineering; Funds: Grant and Capital;
Activities: Hwy Block Grant Aid FY18 and FY18 Bridge Rehab.

The Canal Street Bridge over the Nashua River is part of a significant east-west
arterial road traversed by approximately 30,000 vehicles per day. The bridge is
included on the Municipally-Owned Red List Bridges list, based on inspection and
ratings completed by the New Hampshire Department of Transportation.

Engineering consultant Fuss & O’Neill of Manchester, NH prepared design plans
that detail concrete repairs to the east abutment and center pier, as well as repairs
to a portion of the bridge barrier. The project was advertised for bids and two bids
were received on April 14, 2022 as follows (base bid with bid alternate):

New England Infrastructure, Inc. of Hudson, MA $373,750
Hansen Bridge, LLC of New Loudon, NH $448,190

We recommend awarding the contract to the low bidder, New England
Infrastructure, Inc., a responsible company that has extensive experience with this
type of work in Vermont and Massachusetts. Work is expected to be completed in
the summer during low river water flow.

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2022 by and between
the City of Nashua, New Hampshire (hereinafter called OWNER) and New England Infrastructure, Inc.
and its successors, transferees and assignees together hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:

The scheduled work for the Canal Street Bridge Repairs consists of concrete repair work on the east abutment and
the bridge pier.

ARTICLE 3 - ENGINEER
3,01 Division of Public Works
Engineering Department
9 Riverside Street
Nashua, NH 03062
is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and

have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the
Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES
4.01 ‘Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and Completion and Readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion and Final Payment
Project will begin once a written “Notice to Proceed” is issued.

Substantial Completion shall be by October 28, 2022.

Substantial completion is defined in Section 1.01 of the General Terms and Conditions.

Final completion shall be by December 16, 2022.

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4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense
and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER EIGHT HUNDRED FIFTY dollars ($850) for each
calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the time specified in paragraph 4.02 for completion and readiness for final payment or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER EIGHT HUNDRED FIFTY dollars ($850) for each
calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until
the Work is completed and ready for final payment.

B. In the event that the CONTRACTOR fails to pay OWNER the specified liquidated damages amount within
thirty (30) days of CONTRACTOR's being notified of said damages, OWNER may deduct the amount of the assessed
liquidated damages from the final payment or retention withheld pursuant to Article 14 of the General Conditions.

ARTICLE 5 - CONTRACT PRICE

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

Three Hundred Seventy Three Thousand Seven Hundred and Fifty Dollars ($373,750)

The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work
determined below:

A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each separately
identified item of Unit Price Work times the estimated quantity of that item, as indicated in the attached Schedule of
Values;

B. as provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and

determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the
General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.

ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

B. Application for Payment performed under this agreement shall be submitted as follows:
> Electronically via email to VendorAPInvoices@NashuaNH.gov
OR

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> 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.

6.02 Progress Payments; Retainage

A. Progress Payments. The OWNER will once each month make a progress payment to the CONTRACTOR
on the basis of an estimate of the total amount of work done to the time of the estimate and its value as prepared by the
CONTRACTOR and approved by the ENGINEER. All such payments will be measured by the schedule of values established
in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General Requirements.

B. Retainage. The OWNER will retain a portion of the progress payment, each month, in accordance with
the following procedures:

1. The OWNER will establish an escrow account in the bank of the OWNER’S choosing. The account
will be established such that interest on the principal will be paid to the CONTRACTOR. The
principal will be the accumulated retainage paid into the account by the OWNER. The principal
will be held by the bank, available only to the OWNER, until termination of the contract.

2. Until the work is 50% complete, as determined by the ENGINEER, retainage shall be 10% of the

monthly payments claimed. The computed amount of retainage will be deposited in the escrow
account established above.

3. After the work is 50% complete, and provided the CONTRACTOR has satisfied the ENGINEER in
quality and timeliness of the work, and provided further that there is no specific cause for
withholding additional retainage no further amount will be withheld. The escrow account will
remain at the same balance throughout the remainder of the project.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General
Conditions, OWNER shall hold 2% retainage during the 1 (one) year warranty period and release it only after the project
has been accepted.

ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 — In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.

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C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, and performance of the Work.

D. CONTRACTOR has carefully studied all (if any): (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a
Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.

CONTRACTOR is entitled to rely upon the general accuracy of the “technical data” as provided in paragraph 4.2 of the
General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may
not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents
with respect to Underground Facilities at or contiguous to the site.

E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures
of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety
precautions and programs incident thereto.

F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.

G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site
that relates to the Work as indicated in the Contract Documents.

H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable
to CONTRACTOR.

J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.

ARTICLE 8 - CONTRACT DOCUMENTS

8.01 Contents

A. 1. The Contract Documents are defined in Article 1 of the General Conditions as amended
herein.
2. The Construction Specifications and Contract Documents, dated March 2022.

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3. The Drawings are entitled “Plans of Proposed Bridge Repairs, Canal Street Bridge Over Nashua
River”, prepared by Fuss & O'Neill, Inc., prepared for the Division of Public Works, City of
Nashua, dated Febraury, 2020, consisting of 7 Sheets.

4. The following documents are incorporated by reference:

a. New Hampshire Department of Transportation “Standard Specifications for Road and Bridge
Construction”, latest edition;

b. “Manual of Uniform Traffic Control Devices”, latest edition;

o

City of Nashua, Standard Specifications for Sewers and Drains, Revised, Approved and
Adopted June 15, 1992;

d. City of Nashua, Standard Specifications for Road Construction, Approved and Adopted June
11, 1986; and

e. City of Nashua, Standard Specifications for Sidewalk Construction, Approved and Adopted
Aug,ust 28, 1995.

ARTICLE 9 - MISCELLANEOUS

9.01 Terms
A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party
hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.

9.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation
shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who
agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.

9.05 Choice of Law and Venue
A. This agreement shall be governed exclusively by the laws of the State of New Hampshire and any claim or action
brought relating to this contract, the work performed or contracted to be performed thereunder, or referable in anyway thereto shall

be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit
Court—Nashua and not elsewhere

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Address for Giving Notices to Owner: Address for Giving Notices to Contractor:
Joe Mendola, Street Construction Engineer Todd Pietrasiak, President

Division of Public Works New England Infrastructure, Inc.
Engineering Department 16 Brent Drive

9 Riverside Street Hudson, MA 01749

Nashua, NH 03062 Email: jmauro@neinfrastructure.com
Email: MendolaJ@NashuaNH.gov

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has
been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed,
initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.

CITY OF NASHUA — OWNER

James W. Donchess, Mayor City of Nashua

Date:

CONTRACTOR:
By:

(Authorized Representative)

Print Name:

Date:

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City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

April 27, 2022
Memo #22-268

TO: Mayor Donchess
Finance Committee

SUBJECT: Temporary Pedestrian Bridge in the amount not to exceed $205,200 funded from 81100
Capital Improvements/Mine Falls Trust

Please see attached communications from Daniel Hudson, City Engineer, dated April 28, 2022 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item: Temporary 12’x 6’ pedestrian bridge for Mine Falls Park over the Nashua Canal.
Current bridge is unsafe and unrepairable and closed to pedestrian and vehicle
travel.

Value: not to exceed $205,200

Vendor: Beck & Bellucci Inc

Department: 177 Parks & Recreation
Source Fund: 81100 Capital Improvements/ Mine Falls Trust

Ordinance: Pursuant to § 5-84 Special purchase procedures. A/(5) Purchases from a sole
manufacturer, where it is determined to be more efficient and economical to
reduce costs of maintenance of additional repair parts, supplies or services.

The Board of Public Works (4/28/2022 BPW meeting), Division of Public Works: Parks & Recreation, and
the Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: D Hudson
C O'Connor

To:

From:

Re:

I. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 28, 2022

Daniel Hudson, P.E., City Engineer
Engineering Department

Mine Falls park Temporary Pedestrian Bridge over Nashua Canal

To approve the award for the purchase and installation of a 120-foot long by 6-foot
wide pedestrian bridge to Beck & Bellucci, Inc. of Franklin, NH in the amount of
$205,200. Funding will be through Department: 177 Parks & Recreation; Fund: Trust
(Mine Falls); Account Category: Account Category: 81 Capital Improvements

A structural analysis of the Mine Falls Park South High School pedestrian bridge was
completed on April 12, 2022 by Hoyle Tanner & Associates (HTA) after the City
received a resident’s concern with condition of the 45 year old wood bridge. Upon
inspection and analysis, HTA confirmed significant structural deficiencies exist that
are unrepairable in a cost effective manner. The City closed the bridge to pedestrian
and vehicle travel, as it is deemed unsafe for continued use.

At the City’s request, HTA contacted bridge contractor Beck & Bellucci, Inc. (B&B)
of Franklin, NH about an available pedestrian bridge B&B purchased new in 2020 for
temporary use on a project in Peterborough, NH. B&B owns the pedestrian bridge, is
interested in selling it, and it’s expected to be available for relocation in mid-June 2022.

We propose contracting B&B for the following scope of work:

1. Mobile equipment suitable for the work

2. Supply and install the 120-foot long by 6-foot wide pedestrian bridge for
temporary use.

3. Remove the existing structurally deficient bridge, to include:

Perform minor demolition such as removing hand rails to lighten bridge,

Disconnect the superstructure from the abutments,

Install bracing to prepare bridge for lifting,

Install necessary rigging, and

Remove the bridge and place it on the ground within reach of the crane.

ih ca

Given the availability of the above bridge, we propose proceeding with the sole-source
purchase, supply, and installation contract with Beck & Bellucci, Inc., a reputable
NHDOT prequalified bridge contractor.