Search

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
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.

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 9 of 12

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

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the OWNER with a list of all unperformed services.

3. 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.

4. 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.

5. 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, subcontractors, sub consultants, vendors, or suppliers are expressly
recognized to be within CONTRACTOR's control.

ARTICLE i6— DISPUTE RESOLUTION
The parties shall attempt to resolve any dispute related to this 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

Page 10 of 12

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 shail 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 right may be limited by the terms of this contract.

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.

{f 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.

ao

Page 11 of 12

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) Paxor Construction (signature)

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

Date Date

Page 12 of 12

ATTACHMENT C IFB0331-091213
WWITF DOOR UPGRADES
BID SCHEDULE
(revised 09-07-18 Addendum #1)
Door No, Location Description of Work Cost
1 Control Bldg. Two (2) New exterior corrosion resistant door; one door with $ 21.614.40
Garage Bay glass window new corrision resistant frame ’ .
Control Bldg. : . tna. .
2 Wet Well Entrance New exterior door with accessories; repaint fame $4 , 313.55
3 Control Bldg. New exterior door with accessories, repair and repaint frame $7 377.36
SW Entrance , 5 .
4 Pipe Gallery New exterior door with accessories; repair and repaint frame | $7 _ 377.36
East Entrance ; 5 .
Aeration Bldg. . Sth arrreerimes caret nat
5 East Entrance New exterior door with accessories; repair and repaint frame | $4 5013.55
Aeration Bidg. . sewn. .
6 West Entrance Replace handle and locking mechanism; repaint door $1,285.94
Pump Bidg. New corrosion resistant exterior door with accessories; repair
7 NW Entrance and repaint frame $6,551 35
Pump Bldg. . : .
8 SW Entrance New handle and locking mechanism $799.74
Pump Bldg. New corrosion resistant exterior door with accessories; repair
9 North Entrance and repaint frame 56,470 91
Pump Bidg, New corrosion resistant exterior door with accessories; repair
10 East Entrance and repaint frame $6 ’ 470.9 1
Pump Bidg. srresr
li Electricial Room New handle and hinges $1 1328.48
Dechlor Bldg. New corrosion resistant exterior door with accessories; repair
12 South Entrance and repaint frame $6 470 91
Dechlor Bldg. New corrosion resistant exterior door with accessories; repair
13 West Entrance and repaint frame $6 3 A470 91
Bechlor Bdig.
14 Inside Door New handie and door closure $1,685.97
. New corrosion resistant exterior door with accessories; $11,797.74
Grit Bldg : : :
15 Bast Entrance replace bottom section of frame, repaint, and fill frame with
a France concrete, Check door bolt location; may need to replace frame.
Control Bldg. ae . : :
16 Lunchroom New interior door; fire rated with window $3, 196.16

ATTACHMENT C IFBO331-091218

WANTF DOOR UPGRADES
BID SCHEDULE
(revised 09-07-18 Addendum #1)
Door No, Location Description of Work Cost
Control Bidg eo
7 south Entrance New hinges $320 07
Control Bldg var hdernes
18 North Entrance New hinges $320 07
Contral Bldg. ence
19 North Generator |New hinges and handles $96 8.68
coneror Eide. New, double wide, corr resist interior deor and frame; 3' wide | $17,270.33
20 os 6 door with handle {other side is solid 24" door, no handle with
Disinfection
flush bolts)
Garage Entrance
Control Bldg.
21 Sludge Dewatering |New handle and closure $1,221.66
Control Room
22 Contingency Replace doors that cannot be repaired $ 15,000.00
TOTAL BID PRICE FIGURES] $ 1 36,154.86

TOTAL BID PRICE WORDS:

One Hundred Thirty Six Thousand One Hundred Fifty Four
Eighty Six Cents

Dollars and

Cents

Contractor; Paxor Construction, LLC
Address; PO BOX 1401 Merrimack, NH 03054
hitoizesionim: RODETt Helminen Biel sere Rober ene
pate: 09/10/2018
Phone, 003-262-1400
Email Address: PAXOrconstruction@gmail.com

RESPONSE TO Request for References

Name of firm:

Paxor Construction, LLC

Note: The use of this form is NOT required. Offerors may respond to the Evaluation Factors
using any format they desire. This format is provided as a convenience for offerors to
organize their response to the technical requirements.

RELEVANT PAST PERFORMANCE

What contracts has your firm performed which are similar in scope, magnitude, and complexity to this
project? (You need not list more than 5.)

iName of Project Type of Scope/magnitude Work performed for Completion
Project Date
8025 Door Replacement] Door Replacement $30k CPManagement |11/30/2016
Perimeter Road Door Replacement | Door Replacement $2 OK Modern Pest 4 2/30/20 4 6
Replacement Doors | Door Replacement $50k Town of Merrimack} 12/31/2015
Hampshire Drive | Door Repaicement $40k Hampshire Drive LLC} 11/26/2016
436 Amherst Street 2nd Floor | Remodel Office Suites $45k 436 Amherst LLC |12/81/2015

Whom may we contact concerning your performance on the projecis listed above? (If reference is for
a subcontractor or key person, identify which subcontractor/key person is referenced.)

Name Address Phone FAX e-mail Project(s)
Mark Aubin | * counsweer exeter. wz 02833 | 603-365-5262 | 603-778-6331 | comarrauinggnait.cam 1,2,4,5
Xenia Simpson | m-taeteeeines ewe | 603-424-7075 | 603-424-051 6 | omodnenmaon 3

THE CITY OF NASHUA “The Cate Cy"

Financial Services

Purchasing Department

September 27, 2018
Memo #19-069

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: WINTER ROAD SALT (VALUE: $455,000)
DEPARTMENT: 161 STREET; FUND: GENERAL

Please see the attached communication from Jon Ibarra, Superintendent Street Department, dated
August 20, 2018 for information related to this purchase.

Pursuant to § §-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Superintendent of Street Department, Board of Public Works (September 20, 2018 meeting) and the
Purchasing Department recommend the award of this purchase in an amount of $455,000 to be split
between Granite State Minerals, Inc. of Portsmouth, NH and Eastern Minerals, Inc. of Chelsea, MA.

Purchasing Manager

Cc: J Ibarra L Fauteux

229 Main Street ¢ Nashua, New Hampshire 03061 © Phone (603) 589-3330 e Fax (603) 589-3233 |

To:

From:

Re:

A. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: August 20, 2018

Jonathan Ibarra, Superintendent
Street Department

Winter Road Salt

To approve the purchase of winter road salt from Granite State Minerals of
Portsmouth, NH and Eastern Minerals, Inc. of Chelsea, MA for a total amount of
$455,000. Funding will be through Department: 161 Streets; Fund: General;
Account Classification: 61 Supplies and Materials.

State of NH Notice of Contract for Salt.
Quote from Eastern Minerals

Granite State Minerals has been awarded the State of NH salt contract with a price
of $49.50 a ton delivered. Eastern Minerals has agreed to supply salt to the City of
Nashua at the State Bid price of $49.50 per ton. Both Eastern Minerals and
Granite State minerals have been contracted with the City in the past years and
have a great track record of on time salt deliveries. For this reason the
Superintendent recommends we continue to do business with Granite State
Minerals and Eastern Minerals. Also worth mentioning is this year’s salt price per
ton has dropped from last year’s salt price of $54.00 per ton delivered.

The City budgeted for a total of 9,191 tons or a budgeted value of $455,000.

Granite
State
Minerals

2018-19 ICE CONTROL SALT QUOTATION
CITIES/TOWNS OF NEW HAMPSHIRE IN DISTRICT 5

Based on the award of the NH Department of Transportation, State Minerals is pleased to
extend the delivered price of $49.50 per ton of bulk road salt for the 2018-2019 season. This
price will remain firm until August 31, 2019. For inventory planning purposes, we would
appreciate if you return a completed and signed copy of this form via mail, fax 603-436-2458, or
email jharrington@gsmsalt.com by September 30, 2018.

Orders may be placed 24 hours a day by calling 603-436-8505, via email, or by faxing 603-436-
2458. Please note my contact information below for order and delivery questions. Our physical

mailing address is 227 Market St., Portsmouth, NH 03801. Payment terms are Net 30 days
from invoice date.

Please call with any questions. We look forward to working with you this season and greatly
appreciate your business!

Kind regards,
Janet

Janet Harrington

Granite State Minerals, Inc.
(P)603-436-8505
(F)603-436-2458
iharrington@gsmsalt.com

Customer Info:
Town: é ity Of AJASHUA

Ship To Address: FT STADIUM BRAVE
NASHIA | AH OFOCL

Contact/Phone/Fax: bO8-£89- GIT

A595 Teds

Signature Estimated Usage