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B. In the event Contractor (or any of its Officers, partners, principals, or employees acting with its authority) is
convicted of a crime involving a public official arising out or in connection with the procurement of work to be done or
payments to be made under this contract, City may terminate the contract at will or for cause in accordance with
paragraph 9. Upon termination, Contractor shall refund to the City any profits realized under this contract, and
Contractor shall be liable to the City for any costs incurred by the City in completing the work described in this
contract. At the discretion of the City, these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

C. Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered or given by
Contractor to any officer or employee of the City with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending or making of any determinations with respect to the performance
of this contract. If City determines that such gratuities were or offered or given, it may terminate the contract at will or
for cause in accordance with Article 15.02.

D. The rights and remedies of this section shall in no way be considered for be construed as a waiver of any other
rights or remedies available to the City under this contract or at law.

17.09 Cooperation with Refuse Pickup
A. Contractor shall determine the schedule for trash pickup by contacting the City of Nashua Solid Waste Department.
The Contractor shall cooperate and make arrangements to insure that trash pickup is not delayed or obstructed in any

way. This may involve the Contractor bring trash barrels to the front or backside of the work area for pickup by the
Solid Waste Department and then returning the barrels back to each house.

GC - 53 of 53

DIVISION 7

SUPPLEMENTARYCONDITIONS

SUPPLEMENTARY CONDITIONS/PROSECUTION OF WORK

These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.

1.

DESCRIPTION OF WORK
The contract work includes the limits on the various streets listed in the attached
summary. The specified pavement treatment is listed.

The City reserves the right to remove streets from the list, extend or shorten limits on
individual streets, or revise the specified pavement treatment on individual streets.

The City may also add additional streets to the contract work.

Should the net projection of the value of changes to the contract work exceed the
authorized amount, the Owner will present a contract amendment proposal to the
Contractor.

CONTRACTOR RESPONSIBILITY FOR GRADING

The Contractor shall be responsible to assure that the finished pavement surface will be
smooth and will have positive drainage. Contractor shall be responsible to assure that
puddling will not occur in either the roadway, or on adjacent private property as a result
of Contractor operations. Contractor shall perform any measurements needed in advance
of excavation, cold planning, reclamation and paving activities to assure adequate control
needed for grading operations.

The Engineer may provide a proposed grading design to the Contractor for use in areas to
be reclaimed. If a proposed design or other guidance is not provided by the Engineer, the
Contractor shall perform grading of the reclaimed base material to assure that the
preconstruction gutter line is recreated. Unless otherwise directed, roadway cross slope
on reclaimed streets shall generally be two percent with a centerline crown. In all cases,
roadway cross slopes on reclaimed streets shall not exceed four percent. Pavement cross
slope transitions shall be consistent with good practice generally accepted by New
Hampshire Department of Transportation.

If in the opinion of the Contractor, it is not possible to meet these grading requirements at
a particular location due to existing constraints, any such location shall be identified to
the Engineer in advance of milling, reclamation and/or paving activities to allow the
Engineer reasonable time to investigate and provide guidance to the Contractor.

PAVEMENT MIX
NHDOT certified mix designs are required for all pavement.

Binder courses shall be 75 gyration with PG 64-28 and maximum aggregate size of %
inch.

SC - 1 of 7

Unless otherwise directed, the following course thicknesses shall be used:

2” Mill & Overlay
1.25” wearing course over 4” (nominal) shim.

3.5” Mill & Overlay
1,25” wearing course over 2.25” binder course.

Reclamation
1.25” wearing course over 2.25” binder course.

OTHER WORK IN CONTRACT AREA

Other City and utility work may be in progress within the project area during work in this
contract.

The Contractor shall strive to provide coordination with other work within the project
area to minimize disruption.

The Contractor shall notify the Engineer with as much advance notice as reasonably
possible of any concerns with other work in the project area.

In order to allow anticipated completion of work presently underway, work on this
contract shall not start on the following streets until after the date indicated:

Gilson Road .........cceecseeeeseees July 15, 2019
Pine Hill Road.......ccccsesccseres July 15, 2019

COORDINATION WITH UTILITIES
Dropping and adjustment of telephone, gas and water castings will be the responsibility
of Fairpoint, Liberty Utilities and Pennichuck Water Works.

Contractor shall coordinate this effort with the respective utilities.
TIEZ-IN AT SIDE ROADS
Where roadways are being milled to a depth of 3.5 inches, side road tie-in areas will be

milled to a depth of 2.0 inches.

INTERIM MILESTONES FOR SUBSTANTIAL COMPLETION
The following Substantial Completion Milestones shall be met:

50 percent of the total length of all roadway segments in the contract shall be
substantially complete by July 17, 2019.

85 percent of the total length of all roadway segments in the contract shall be
substantially complete by September 6, 2019.

The entire length of all roadway segments shall be substantially complete by October 15,
2019.

SC -2o0f7

10.

11.

WORK HOURS
Reference is made to Section 6.02 Labor; Working Hours of the General Conditions.

Except as stated below, normal working hours shail be from 7:00 AM to 5:00 PM
Monday through Friday. No weekend, holiday or night work will be allowed without
advance written approval of the City Engineer.

Requests for work beyond those hours normally allowed on weekdays shall be made by
the Contractor at least 72 hours in advance.

Requests for work on Saturdays, Sundays and holidays shall be made at least one week in
advance.

Contractor should not assume requests for hours beyond the hours and days normally
allowed will be approved. Requests will be considered on a case by case basis.

CONTRACTOR’S REPRESENTATIVE

The Contractor shall designate a representative who will be available to respond to
emergency calls by the Owner at any time day and night and on weekends and holidays
should such a situation arise.

Should the City determine action by the City is needed or other costs are incurred
because the Contractor’s Representative is not available, the City will backcharge the
Contractor for associated expenses.

SCHEDULING AND COORDINATION
Reference is made to General Conditions Section 2.05, Before Starting Construction and
General Conditions Section 6.04, Progress Schedule.

Prior to the start of construction, the Contractor shall submit a comprehensive schedule to
the Engineer for review and acceptance.

The schedule will identify the number of crews and completion dates for all critical
elements of work.

Detailed updates of the schedule shall be submitted to the Engineer for review and
acceptance on at least a monthly interval.

The Engineer may withhold progress payments if acceptable monthly schedule updates
are not submitted.

The Contractor shall not increase the number of crews assigned to the work as identified
in the schedule without providing at least one week advanced notice to the Engineer.

SUPERINTENDENCE OF THE WORK
Reference is made to General Conditions Section 6.01, Supervision and Superintendence.

Contractor shall provide appropriate onsite superintendence of all aspects of the work
whether performed by the Contractor or by subcontractors.

SC - 3 of 7

12.

13.

Qualified Superintendent(s) shall be assigned for all crews. Contact information will be
provided for all Superintendents.

USE OF GROUNDS

Any area outside the limits of the project area (right-of-way within project limits) which
the Contractor may require for storage of equipment and materials, or for other purposes
necessary in the performance of the Work, shall be secured by the Contractor at their own
expense. Materials, including excavation intended for backfill, shall not be stored or
stacked within any roadway clear zones, or in a manner that obstructs adequate sight lines
unless specifically permitted in writing by the Engineer. The Contractor is responsible
for providing security as required and erosion controls at no cost to the City.

TRAFFIC CONTROL PLAN
Reference is also made to Section 17.07 Road Closures and Traffic Delays of the General
Conditions.

The following are considered part of the Traffic Control Plan:

1. Section 618 and 619 of the Standard Specifications.

2. Work Zone Traffic Control Standard Sheets*

3. Manual on Uniform Traffic Control Devices, (MUTCD), 2009 Edition, including
all current updates and official interpretations.

4. Positive Protection Guidance for Work Zones (PPGWZ)*

5. Flagger and Uniformed Officer Use in Work Zones Policy and Guidelines*

* Available online under Doing Business with DOT>Contractors at www.nhdot.com or
through the NHDOT Contracts office (603-271-3732).

The Contractor shall provide necessary traffic control devices to ensure the safety of the
workers, traveling public, and property owners on this project. The above referenced
specifications, guidelines, and provisions herein provide minimum requirements; the
Contractor may be directed to expand upon the Traffic Control Plan if conditions warrant.

All signs, channelizing devices and arrow boards as required by the Manual on Uniform
Traffic Control Devices, including part six, as amended, and the above Standard Sheets
shall be in place prior to moving any equipment onto the pavement.

The Contractor shall provide trained personnel, including Uniformed Officers and
Flaggers in accordance with Section 618, to be responsible for the maintenance of traffic.

All materials furnished and used for maintenance of traffic, shall be required to be
certified for reflectivity. Damaged devices shall be replaced as directed by the Engineer
without additional compensation. Regardless of action that may be taken or not taken by
the Engineer, the Contractor shall be solely responsible for the appropriateness,
reflectivity and condition of all materials provided as well as placement and maintenance
of traffic control elements.

SC -4 of 7

14.

15.

16.

The Contractor shall submit a Traffic Control Plan prior to work on arterial roadways.
This Traffic Control Plan will describe how the Contractor proposes to:

® Stage the work to maintain and control traffic during the lowering of structures
within paved areas; milling operations; and paving operations.

e Maintain access to all residences and businesses through the duration of
construction.

e Lane usage during various phases of work will be described. A minimum of 11-
foot width shall be provided for all lanes open to traffic.

e A minimum of one lane in each direction shall be provided at all times. Should
the Contractor consider it necessary to reduce this requirement to alternating one-
way use, the constraints justifying such a restriction must be explained fully. If
approved at any location in this contract, the use of alternating one-way traffic
will be for a short duration only.

e The Contractor shall describe in the Traffic Control Plan minimum conditions
which will be provided at the end of working hours. At a minimum, if a vertical
break of more than one inch exists along the direction of travel and vehicles are
operating on the higher surface, a pavement fillet will be provided along the
break. The pavement fillet shall be constructed with a slope of 12 inches
horizontal for each one inch vertical.

e Full lane use shall be maintained for weekend and holiday periods.

REMOVAL OF DEBRIS AND SURPLUS MATERIAL
Neither debris nor surplus material shall be deposited on private property.

Debris and surplus material shall be removed from the project area as promptly as
practical.

If the Contractor should fail to promptly remove debris or surplus material from the

project area, or if Contractor deposits same on private property, progress payment(s) may
be withheld.

DISPOSAL OF SURPLUS EXCAVATED MATERIAL

All milled (cold planed) pavement shall be delivered to the Four Hills Landfill in Nashua,
NH. Unless otherwise specified herein, all other excess material not required for use on
the project shall be disposed of legally and safely by the Contractor at his discretion
outside of and away from the limits of the project, without additional compensation.

MAINTENANCE DURING WEATHER EVENTS
The Contractor’s obligation to protect the public traveling through the project site shall

include maintaining the work and maintaining safe passage during rain and other weather
events.

The Contractor shall plan in advance of forecasted inclement weather events and shall
assign crews to perform maintenance of unpaved areas open to traffic during and after
inclement weather events. Contractor is responsible to coordinate with the Engineer and
other City officials as appropriate.

SC -5o0f7

17.

18.

19.

20.

Contractor shall be prepared to respond in a timely manner if the City determines that
circumstances warrant action when the Contractor is not onsite.

DRAINAGE
The Contractor shall provide necessary measures to provide drainage and minimize
ponding on paved and unpaved surfaces.

The Contractor shall be responsible to provide means for stormwater runoff to enter the
drainage system at locations where structures are lowered in advance of milling or
reclamation.

During the preconstruction meeting, the Contractor shall describe provisions to be made
for drainage. Provisions made and methods used shall have been proven by successful
use on past projects of a similar nature.

Unless otherwise directed, catch basin grates shall be set one inch below finished
pavement grade. (Reference NHDOT Standard No. DR-2 Plate 4). Where catch basins
are offset from roadway edge, grade gutter to assure flow is directed to catch basin.

PROTECTION OF MANHOLES, CATCH BASINS AND PIPELINES

Appropriate measures will be taken to protect manholes, catch basins and other structures
as well as pipelines from debris and other materials entering the system through open or
removed covers or grates.

Should material enter the system during the Contractor’s activities, this material shall be
removed in a timely manner at the Contractor’s expense.

The Contractor may be required to clean structures and pipelines downstream of the
location(s) where material entered the system.

The Contractor may be required to provide television inspection services to verify that
material has been removed.

PROTECTION OF LANDSCAPING

Contractor shall take appropriate measures to protect trees, shrubs and other landscaping.
Branches, limbs and roots shall not be cut except with permission of the Engineer.
Where cutting is necessary, work shall be performed by qualified workers.

RESTORATION OF EXISTING PROPERTY

The Contractor shall be responsible for the preservation of all public and private property
and structures, and shall use every precaution necessary to prevent damage thereto. If
damage is done to public or private property, such property shall be promptly restored by
the Contractor, at his/her expense, to a condition similar or equal to that existing before
the damage was done, to the satisfaction of the Engineer.

Failure to promptly restore existing property and structures including, but not limited to

driveways and lawns, may result in the Engineer’s determination that associated work is
not complete and therefore not eligible for progress payment. Such associated work may

SC -6 of 7

21.

22.

23.

24.

include, but not be limited to paving, pipe installation, catch basins, manholes and
curbing.

Unless specifically agreed to in advance, driveway tie-ins will be paved concurrent with
top course paving operations.

In no circumstances shall driveway tie-ins not be completed within two weeks of the
adjacent top course paving.

COOPERATION WITH REFUSE PICKUP

The Contractor shall determine the schedule for trash pickup by contacting the City of
Nashua’s Solid Waste Department. The Contractor shall cooperate and make
arrangements to insure that trash pickup is not delayed or obstructed in any way. This
may involve the Contractor bringing trash barrels to the front or backside of the work
area for pickup by the Solid Waste Department and then returning the barrels back to
each house.

COOPERATION WITH QUALITY ASSURANCE
Cores shall be cut and delivered to the City within 24 hours of pavement placement.

Failure to cut and deliver cores may result in delay of progress payments for pavement.

PROPERTY INSURANCE
Property insurance is referenced in the General Conditions (Article 5.05).

Property insurance is not required for this contract.

ACCESS TO PRODUCTION FACILITIES

The City of Nashua may choose to have inspection and testing performed at the plant.
All relevant provisions of the Standard Specifications, including but not limited to
Section 3.1.6 Access to Production Facilities — General, shall apply.

SC - 7 of 7

LIST OF EXHIBITS

A.

B.
C.
D

Notice of Award

Notice to Proceed
Change Order
Certificate of Substantial Completion

DIVISION 8

EXHIBITS