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Finance Committee - Agenda - 3/6/2019 - P76

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
76
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

BROX INDUSTRIES, INC.

1471 Methuen Street Dracut, MA 01826-5439
Office: (978) 454-9105 FAX: (978) 805-9719

www.broxindustries.com

BRO

BROX INDUSTRIES,INC.

EMPLOYMENT RECORD OF PRINCIPAL & FIELD PERSONNEL

PRESENT YEARS OF
NAME POSITION EXPERIENCE TYPE OF WORK

General

Stephen M. Brox President & CEO 52 Construction/Paving

Division Mgr/Asst. Treasurer, General

Cecilia Nickerson Clerk 31 Construction/Paving
General

Robert J. Costa Paving Support Manager 62 Construction/Paving
General

Greg MacKenzie _ Division Mgr/Contracting 27 Construction/Paving

Division Mgr/Engineer PCS & General

Erik Stevenson RE 31 Construction/Paving
General

Mark J. Nikitas Division Mgr/Sales/Marketing 29 Construction/Paving

Douglas Perry Division Mgr/Materials 26 Materials

Norman Saucier NH Area Manager 42 Construction

Victor Goulet Corporate Safety Director 25 Construction

Michael Sheehan Project Superintendent 37 Construction

William Kaatz Project Superintendent 59 Paving

Chuck Wasylak Project Manager-Paving 32 Paving

Ted Brown Project Superintendent 26 Paving/Construction

Scott Bennett Project Superintendent 39 Paving/Construction

John Tamagnini Paving Superintendent 33 Paving/Construction

Thomas Finn Estimator 26 Paving

Kevin Dimambro — Estimator 24 Paving

Vincent Venturo —_ Estimator 24 Paving

Joseph Gasbarro Paving Superintendent 2] Paving

Nathan Hoitt Project Manager/Estimator 14 Construction

Page Image
Finance Committee - Agenda - 3/6/2019 - P76

Finance Committee - Agenda - 3/6/2019 - P77

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
77
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

Addendum J fissued 01/30/29)

Estimated

item No. anti Units
205,122 7,220 sy
203.113 544 sy
306.124 25,531 sy
304.33 1,000 TON
4103.6 328,100 LF
403.14 $2,150 TON
405.219 4,650 TON
403.12 545 TOR
417 296,220 sy
437.20 3,634 SY
504.4 325 VF

City of Nashua, New Hampshire
Division of Public Works
IFBOGEC-020719
Schedule of Values - Major & Arterial Roads

Item Description Unit Price Total Price
in figures in figures
Road Excavation and Kegrade
Ten _Doattars ane
Q_conts 10.00 s 73,200.00
Driveway Excavation and Reprade
Ten Dollars and
No cents 10.00 s 5,140.00
Reclaim Stabilized Base Processed in Place 24” Deep (F)
Three Dollars. and
I cents 3.50 s 90.408 50
Crushed Aggregate for Shoulders
Thirty Dollars and
No cents 30.00 $ 30,000.00
Pavement Joint Adhesive
NO potiars and
Thirty coms 0.30 38,430.00
Hot Bituminous Pavement (Method Sper.}, Machine
Method .
Seventy-Six Dollars and
Fifty cents 76.505 3,.989.475.00
Hot Bituminous Pavement (Method Spec.}, Machine
Method, High Strength . .
Eighty-Six pattars ang
O cents 86.005 399,900.00
Hot Bituminous Pavement, Hand Method
-Ei Galtars and
No cents 145.00 s 79,170.00
Cald Planing of Bituminous Surlaces
TWO pollars and
Twenty cents 2.205 651,684.00
Caid Planing Transitions
Ten Daitars ang
No cents 10.005 36,340.00
Repair of Existing Structures
Two Hundred patiars ang
O cents 200.00 s 65,000.00

Page 1 of3

Page Image
Finance Committee - Agenda - 3/6/2019 - P77

Finance Committee - Agenda - 3/6/2019 - P78

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
78
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

Addendum 2 {issued 02/30/19)

trem Na.
604.45

604.46

N4.57

609,03

16.7

618.5

18.7

$25.1

32.0104

632.0104

Estimated

Quantity
503

71s

a0

600

133

180,000

8.640

a

330,883

LF

Gty of Nashua, New Hampshire
Division of Public Works
(FBO660-020719
Schedule of Values - Major & Arterial Roads

ttem Description

Adjust to Grade Existing Casting .
= Dollars and
No cents

Replace Casting .
Three Hundred Forty-Five poilars and

No cents

Drop and Plate Casting for Reclaim
Two Hundred Ten potiars and
O cents

Granite Curbing .
Twenty-Six pottars and
i= ifty cents

Reset Granite Curbing

Fourteen pollars and
Fifty cents

Bituminous Curbing
Ten botlars and

No cents

Local Traffic Loops 6X50" (2-4-2 Turn)
Dollars and
No cents

ALLOWANCE Uniformed Officers

HR

Lump Sum

uF

LF

altars and
No cents

Mageers .
Thirty-Two Dollars and
N Q cents

Maimtenance of Traffic

One Hundred Thousand Dollars ang

No cents

Retroreflective Paint Pavement Markings, 4° Line
No Dottars and
Sixteen cents

Temporary Pavement Markings, 4” Line

No bottars and
Sixteen cents

Page 2 of 3

§ 295.00 s 147,795.00
$ 345.00 s 74,175.00
$ 210.005 150,450.00
$ 26.505 15,900.00
$ 14.505 8,700.00
§ 10.00 s 6,000.00
$800.00 s 106,400.00
$ 156,000.00 $ 250,000.00
$ 32.00 s 2/6.480.00
$100,000.00 $ 100,000.00
$ 0.16 § 52,941.28
$ 0.16 § 43,026.08

Page Image
Finance Committee - Agenda - 3/6/2019 - P78

Finance Committee - Agenda - 3/6/2019 - P79

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
79
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

Addendum 2 (issued 01/30/29}

&32.3218

632.80

643

00

1020.9

Cty of Nashua, New Hampshire
Division of Public Works
1FB0660-0620719
Schedule of Vaiues - Major & Arterial Roads

estimated ; item Description Unit Price Total Price
Quantity Units ta figures in figures
Retrorefiective Thermoplastic Pavement Markings,
4,863 ur 12" Line
TWO __bollars and

Ninety-Five cents § 2.95 14, 345.85

ww

Retroreflective Thermoplastic Pavement Markings,

3,307 LF 18" Gne
Three Dollars and
Five tents 5§ 3.05 Ss 10,086.35
5,304 SF Ratroreflective Thermoplastic Symbol
Five Dailars and
seventy—Five cents § 5./5 § 30,498 -00
4,966 EA Temporary Pavement Markers
; . Oollars and
Sixty-Five cents § 0.65 5 3,227.90
800 cy Lonm and Seed

Fit allars att
Ss —Bamesant 50.00, 40,000.00

158,000 ALLOWANCE Liquid Asphall Adjustment

One _ bollars and

cents § 350,000.00 $ 150,050.00

100 EA Asphatt Core

Qne Hurdired Fifty Dollars and
No cents § 150.00 5 15,000.00

TOTAL BID PRICE IN FIGURES. 5 6,853,472.%

Hundred Seventy-Two

TOTAL OF BID ITEMS Six Million, Fight Hundred Fifty Three Thousand, Four _ dollars and

Authorized Fipnatare:

(words) Ninety-Six cents

Contractor: Brox Industries. Inc. Z2

_ Stephen M. Brox, President /
Date: February 14,2019

Address: 1471 Methuen Street Dracut, MA 01826

Email: nsaucier@broxindustries.com

Page 3 of 3

Page Image
Finance Committee - Agenda - 3/6/2019 - P79

Finance Committee - Agenda - 3/6/2019 - P80

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
80
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

DIVISION 4

PERFORMANCE AND
PAYMENT BONDS

Page Image
Finance Committee - Agenda - 3/6/2019 - P80

Finance Committee - Agenda - 3/6/2019 - P81

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
81
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

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 sum
of

Dollars, $
(ids

in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators successors, and assigns, jointly and

severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a

certain contract with the OWNER, dated
tha day of 20 ,a

copy of which is hereto attached and 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 of2

Page Image
Finance Committee - Agenda - 3/6/2019 - P81

Finance Committee - Agenda - 3/6/2019 - P82

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
82
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

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.

IN WITNESS WHEREOF, this instrument is executed 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: BY
Attomey - 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 - 2 of 2

Page Image
Finance Committee - Agenda - 3/6/2019 - P82

Finance Committee - Agenda - 3/6/2019 - P83

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
83
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

DIVISION 5

AGREEMENT

Page Image
Finance Committee - Agenda - 3/6/2019 - P83

Finance Committee - Agenda - 3/6/2019 - P84

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
84
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2019 by and between
the City of Nashua, New Hampshire (hereinafter called OWNER) and __ Brox Industries, 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 is located in various areas throughout the City of Nashua and consists primarily

of pavement overlaying, pavement milling with overlay, and pavement reclamation.
ARTICLE 3 - ENGINEER

3.01 The Project has been designed by: Division of Public Works
Engineering Department
9 Riverside Street
Nashua, NH 03062

who 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

The anticipated Commencement date for the contract is on or about March 20, 2019. Project will
begin once a written “Notice to Proceed” is issued.

Substantial completion shall be by October 15, 2019. Substantial completion occurs when all
paving is complete.

Contract completion shall be by October 31, 2019.

AG - 1 of 7

Page Image
Finance Committee - Agenda - 3/6/2019 - P84

Finance Committee - Agenda - 3/6/2019 - P85

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
85
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

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
proceeding 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 ONE HUNDRED dollars ($100) 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
TWO HUNDRED dollars ($200) 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 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:

Six Million Eight Hundred Fifty-Three Thousand Four Hundred Seventy-Two and 96/100 Dollars
($6,853.472.96)

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 Bid Schedule;

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.

AG - 2 of 7

Page Image
Finance Committee - Agenda - 3/6/2019 - P85

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