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3. If the CONTRACTOR fails to correct nonconforming Work within a reasonable time, the OWNER
may correct it and the CONTRACTOR shall reimburse the OWNER for the cost of the correction.

ARTICLE 14 — PROHIBITED INTERESTS

CONTRACTOR shall not allow any officer or employee of the OWNER to have any indirect or direct
interest in this contract or the proceeds of this contract. CONTRACTOR warrants that no officer or
employee of the OWNER has any direct or indirect interest, whether contractual, non-contractual, financial
or otherwise, in this contract or in the business of the CONTRACTOR. CONTRACTOR also warrants that
it presently has no interest and that it will not acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to be performed under this contract.
CONTRACTOR further warrants that no person having such an interest shall be employed in the
performance of this contract. If any such interest comes to the attention of CONTRACTOR at any time, a
full and complete disclosure of the interest shall be immediately made in writing to the OWNER. If
OWNER determines that a conflict exists and was not disclosed to the OWNER, it may terminate the
contract at will or for cause.

ARTICLE 15 — TERMINATION OF THE CONTRACT

1. Termination, Abandonment, Or Suspension At Will. ‘the OWNER, in its sole discretion, shall
have the right to terminate, abandon, or suspend all or part of the project and contract at will. If the
OWNER chooses to terminate, abandon, or suspend all or part of the project, it shall provide
CONTRACTOR 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the OWNER with a list of all unperformed services.
c. 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.

d. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the OWNER of all orders or sub contracts to the extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or sub contracts specified in the notice, and revoke agreements specified in the notice,

e. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the OWNER to resume performance.

In the event of a termination, abandonment, or suspension at will, CONTRACTOR shall receive all amounts
due and not previously paid to CONTRACTOR for work satisfactorily completed in accordance with the
contract prior to the date of the notice and compensation for work thereafter completed as specified in the
notice. No amount shall be allowed or paid for anticipated profit on unperformed services or other
unperformed work.

2. Termination for Cause. This agreement may be terminated by-the OWNER on 10 calendar day’s
written notice to CONTRACTOR in the event of a failure by CONTRACTOR to adhere to any or all
the terms and conditions of the contract or for failure to satisfactorily, in the sole opinion of the
OWNER, to complete or make sufficient progress on the work in a timely and professional manner.
CONTRACTOR shall be given an opportunity for consultation with the OWNER prior to the
effective date of the termination. CONTRACTOR may terminate the contract on 10 calendar days
written notice if, through no fault of CONTRACTOR, the OWNER fails to pay CONTRACTOR for
45 days after the date of approval by the OWNER of any Application for Payment.

Page 8 of 10

Upon receipt of notice of termination for cause, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the OWNER with a list of all unperformed services.
Cc. 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,

d. Immediately make every reasonable effort to cbtain cancellation upon terms satisfactory to
the OWNER of all orders or sub contracts to the extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or sub contracts specified in the notice, and revoke agreements specified in the notice.

e. Not resume work after the effective date of a notice of termination unless and until receipt of
a written notice from the OWNER to resume performance.

In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not previously
paid to CONTRACTOR for work satisfactorily completed in accordance with the contract prior to the date of
the notice, less all previous payments. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work. Any such payment may be adjusted to the extent of any
additional costs occasioned to the OWNER by reasons of CONTRACTOR's failure. CONTRACTOR shall
not be relieved of liability to the OWNER for damages sustained from the failure, and the OWNER may
withhold any payment to the CONTRACTOR until such time as the exact amount of damages due to the
OWNER is determined. All claims for payment by the CONTRACTOR must be submitted to the OWNER
within 30 days of the effective date of the notice of termination.

If after termination for the failure of CONTRACTOR to adhere to any of the terms and conditions of the
contract or for failure to satisfactorily, in the sole opinion of the OWNER, to complete or make sufficient
progress on the work in a timely and professional manner, it is determined that CONTRACTOR had not so
failed, the termination shall be deemed to have been a termination at will. In that event, the OWNER shall,
if necessary, make an adjustment in the compensation paid to CONTRACTOR such that CONTRACTOR
receives total compensation in the same amount as it would have received in the event of a termination-at-
will.

General Provisions for Termination. Upon termination of the contract, the OWNER may take over the
work and prosecute it to completion by agreement with another party or otherwise. Upon termination of the
contract or in the event CONTRACTOR shall cease conducting business, the OWNER shall have the right to
solicit applications for employment from any employee of the CONTRACTOR assigned to the performance
of the contract. Neither party shall be considered in default of the performance of such obligations is
prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such party.
Delays arising from the actions or inactions of one or more of CONTRACTOR's principals, officers,
employees, agents, sub-CONTRACTORs, sub consultants, vendors, or suppliers are expressly recognized to
be within CONTRACTOR's control.

ARTICLE 16— DISPUTE RESOLUTION

The parties shall attempt to resolve any dispute related to thts contract as follows. Either party shall provide

to the other party, in writing and with full documentation to verify and substantiate its decision, its stated
position concerning the dispute. No dispute shall be considered submitted and no dispute shall be valid
under this provision unless and until the submitting party has delivered the written statement of its position
and full documentation to the other party. The parties shall then attempt to resolve the dispute through good
faith efforts and negotiation between the OWNER Representative and the CONTRACTOR Representative.
At all times, CONTRACTOR shall carry on the work under this contract and maintain and complete work in
accordance with the requirements of the contract or determination or direction of the OWNER. If the parties
are unable to resolve their dispute as described above within 30 days, the parties may request that the dispute
be submitted to the Board of Public Works for resolution. If the parties are dissatisfied with the decision of
the Board of Public Works, the parties’ reserve the right to pursue any available legal and/or equitable
remedies for any breaches of this contract except as that nght may be limited by the terms of this contract.

Page 9 of 10

ARTICLE 17—- CHOICE OF LAW AND VENUE

This contract 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

ARTICLE 18 MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent of the

other.
2, Tests, inspections and approvals of portions of the Work required by the Contract Documents or by

laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made

at an appropriate time.
3. If additional testing is required, the CONTRACTOR shall perform these tests.
4. The OWNER shall pay for tests except for testing Work found to be defective for which the

CONTRACTOR shall pay.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) BDM Sweeper Services, Inc. (signature)

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

Date Date

Page 10 of 10

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BDM Sweeper Service Inc.

Arlington Paving Co.
93 Base Hill Rd
Keene NH 03431

NAME / ADDRESS

Nashua Public Works Dept.
9 Riverside St
Nashua NH 03062

EXHIBIT A

Estimate

DATE

ESTIMATE NO.

6/6/2016 2342

DESCRIPTION Total
Concord St Crosswalk Improvements
Streetprint XD Process @ $16.50 Per SF 8 Foot Stamp with | Foot
White Thermal Plastic Either Side
At Manchester St Approx 450 SF 7,425.00
At Laton St Approx 300 SF 4,950.00
At Courtland St Approx 320 SF 5,280.00
At Hall Ave Approx 300 SF . 4,950.00
At Columbia Ave Approx 315 SF 5,197.50
At Bartlett Ave Approx 320 SF 5,280.00
45 Hrs Flaggers @ $35 Per Hr 1,575.00

Work To Be Billed By Actual SF Installed and Actual Hours
Flagged

Estimate Based on Road Closure for Area We Are Working In with
Detour Around Us

| If Needed Police Officers Will Incur Additional Costs

Material Not to Be Ordered Without PO

Total

$34,697.50

Standard Specifications and Special Provisions EXHIBIT B
Concord Street Crosswalk Improvements

Date: June 7, 2016

All Items that are not included in the special provision shall comply with the latest approved NHDOT
Standard Specifications for Road and Bridge Construction, the latest approved City of Nashua Standard
Specifications for Road Construction Sewer and Drains, the latest approved NHDOT Standard Plans for
Construction and the latest approved edition of Manual of Uniform Traffic Control Devices.

Special Provisions

ITEM A - Installation of XD “Brick” Pattern Crosswalks.
A. SCOPE

This work shall consist of installing 2005 square feet of “TrafficPatternsxXD™ Brick” Pattern Stamped
Asphait for crosswalks on Concord Street at six intersections including Manchester Street, Laton Street,
Courtland Street, Hall Avenue, Columbia Avenue and Bartlett Avenue as shown on the Concord Street
Crosswalk Improvements (Drawings 1 to 3} plan or as ordered by the Engineer. The plan shows the
proposed location of the crosswalks. The location may change based on the as-built conditions of the
constructed bump-outs at these intersections.

B. MATERIALS AND CONSTRUCTION

The Contractor shall furnish labor, equipment, and material necessary for installing TrafficPatternsxD™
“Brick” Pattern crosswalks. This work will be conducted at during day time and the Contractor wiil be
responsible for providing traffic control. All required milling and paving work to prepare asphalt pavement
surface will be performed by the City.

Crosswalks shall be installed in strict conformance with the plan provided, current Americans with
Disabilities Act (ADA) and City of Nashua regulations.

c. MEASUREMENT AND PAYMENT
The work will be measured by the square foot, complete in place. Payment for work under this item shall

be at the contract unit price per square feet and shall include traffic control necessary for the completion
of this work specified.

Page | 1

Standard Specifications and Special Provisions EXHIBIT B
Concord Street Crosswalk Improvements

TrafficPatternsXD™ Stamped Asphalt

TrafficPatternsXD™ for enhanced crosswalks and traffic calming surfaces is an extremely durable
preformed thermoplastic material that incorporates a unique aggregate-reinforced formula with
unprecedented wear resistance, The result is a traffic-tough streetscape surface that provides brick or
paving stone like aesthetics built to last.

Applications are performed by Certified Applicators only. The 2 ft. x 2 ft. sheets of material are
positioned on the non-stamped, prepared asphalt surface. The material is heated to allow proper
embedment of the anti-skid elements. A specialized grid gently stamps a pattern into the material and
just into the top layer of the asphalt.

TrafficPatternsxXD™ helps to:

= Improve traffic safety especially at intersections and multi-use paths by enhancing visibility for
motorists, cyclists as well as pedestrians

= Community brand — build community image and pride; attract new business

= Channel pedestrians across busy commercial parking areas

HIGH SKID/SLIP RESISTANT FOR SAFETY

The factory-applied aggregate within the material and additional site surface applied aggregate provides
excellent skid/slip resistance. Because anti-skid material is embedded throughout the material, as it
slowly wears, new anti-skid elements are exposed.

ENHANCED DURABILITY

TrafficPatternsXD™ is field proven over many years and designed for extreme high traffic and weather
conditions crosswalks and traffic calming device surfaces.

Page | 2

fe) THE CITY OF NASHUA “The Gate City"

Financial Services

Purchasing Departerent

June 9, 2016
Memo #16-157

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CITYWIDE INFILTRATION/INFLOW ANALYSIS — AMENDMENT #2 (VALUE: $23,709)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
ACTIVITY: INFLOW AND INFILTRATION

Please see the attached communication from Stephen Dookran, P.E., City Engineer dated June 7, 2016
for the information related to this purchase.

The City Engineer, Board of Public Works (special meeting 6/7/2016) and the Purchasing Department

recommend the award of this contract Change Order #2 in an amount of $23,709 to Wright-Pierce of
Manchester, NH.

Dan Kooken
Purchasing Manager

Ce: §S Dookran L Fauteux

le2e Main Street » Nashua, New Hampshire 03061 « Phone (603} 589-3330 « Fax (603) 589-3344