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City of Nashua carne cone
Community Development Division BA Barely at
City Hall, 229 Main Street, PO Box 2019 Te wportstion Department
Nashua, New Hampshire 03061-2019 Waterways

www.nashuanh.gov

589-3095
589-3090
589-3080
589-3100
589-3085
880-0100
589-3092
589-31 19

Date: June 7, 2018

To: John Griffin, CFO; Daniel Kooken, Purchasing Manager

From: Sarah Marchant, Community Development Division Director

Re: Contract for Construction of the Heritage Rail Trail to Mine Falls Park Trail and Pedestrian
Bridge

The City of Nashua was awarded a NH Department of Transportation (NH DOT) Transportation
Alternatives Program (TAP) grant to design and construct a new pedestrian bridge across the
Nashua Canal with an associated crosswalk on Ledge Street and a trail along Everett Street
connecting to the Heritage Rail Trail. This pedestrian bridge will create a new access to Mine
Falls Park from the Tree Streets neighborhood improving recreation opportunities.

The project has received all permits, approvals and additional funding from NH DOT. The
contract was sent out to bid twice over the spring of 2018. The first bid request resulted in a
single response from George ns and Sons Inc. totaling $511,966.75. As only one bid was
returned, the City’s Community Development Division (with NH DOT’s approval) made an
effort to contact all potential bidders to determine why they did not submit a bid. Based on
feedback from these potential bidders, Community Development decided to extend the start date
of the contract and put it back out to bid. The second bid request, despite efforts to reach out to
multiple vendors, also resulted in a single response totaling $502,622.75. The City reviewed this
bid with NH DOT and compared the results with other NH DOT TAP grant projects also out for
bid. NH DOT found the bid amount to be in line with other bids from our region, and approved
the award of the contract along with additional funding to help cover the final project costs.

In order to expedite this contract and to ensure that the project can be constructed before the end
of the 2018 construction season, the Community Development Division respectfully requests the
Finance Committee approve this contract contingent upon final BOA approval of R-18-050
which is accepting and appropriating additional funds for this project. Final approval of this
resolution is being presented at the BOA meeting scheduled for June 26, 2018.

The NH DOT funding and City matching and non-matching funds for this project have been set
aside via R-15-122, R-16-046 and R-18-050. The Community Development Division
recommends awarding the contract for Construction Phase Engineering to George Carins and
Sons Inc. of Windham, NH in the amount of $502,622.75.

Proposed Heritage Rail Trail Connection to Mine Fails Park

SECTION 00520
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
(EJCDC FORM C-520, Modified)

THIS AGREEMENT is by and between _—_City of Nashua COwner”) and

George R Cairns and Sons Inc (‘Contractor’).

Owner and Contractor hereby agree as follows:
ARTICLE 1 —- WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows: The project includes construction of multi-
use trail and pedestrian bridge. The trail will consist of an ADA complaint ramp from the
Heritage Trail to an at-grade path along the western side of Everett Street. This path will
cross Ledge Street at a new cross walk with new rapid rectangular flashing beacons to
access the small existing park between Ledge Street and the Nashua Canal. A short
section of proposed concrete sidewalk will transition from the existing brick pavers in the
park to the 90-foot single span prefabricated steel truss pedestrian bridge supported on
helical piles and a reinforced concrete stub abutment.

ARTICLE 2 —~ THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally
described as follows: Proposed Heritage Rail Trail Connection to Mine Falls Park

ARTICLE 3 — ENGINEER

3.01 The Project has been designed by Hoyle, Tanner & Associates, Inc.

3.02 The Owner has retained Hoyle, Tanner & Associates, Inc. Engineer”) to act as Owner's
representative, assume ali duties and responsibilities, and have the rights and authority
assigned to Engineer in the Contract Documents in connection with the 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 Final Completion and

readiness for final payment as stated in the Contract Documents are of the essence
of the Contract.

4.02 Contract Times: Days
A. The Work will be substantially completed within 170 days after the date when the

Contract Times commence to run as provided in Paragraph 4.01 of the General
Conditions, and finally completed and ready for final payment in accordance with

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Proposed Heritage Rail Trail Connection to Mine Falls Park

Paragraph 15.06 of the General Conditions within 190 days after the date when the
Contract Times cormmence to run.

B. It is anticipated that Notice to Proceed will be issued on February 12, 2018 in order
to complete shop drawing review and anticipated prefabricated steel truss lead time
prior to the Contractor taking the site. It is anticipated that the Contractor will be
allowed to take the site on May 7, 2018.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph
4.01 above and that Owner will suffer financial and other losses if the Work is not
completed and Milestones not achieved within the times specified in Paragraph 4.02
above, plus any extensions thereof allowed in accordance with the Contract. 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):

1. Substantial Completion: Contractor shail pay Owner $520.00 for each day that
expires after the time (as duly adjusted pursuant to the Contract) specified in
Paragraph 4.02.A above for Substantial Completion until the Work is substantiaily
complete.

2. Final Completion of Remaining Work: After Substantial Compietion, if Contractor
shall neglect, refuse, or fail to complete the remaining Work within the Contract
Time (as duly adjusted pursuant to the Contract) for completion and readiness
for final payment, Contractor shall pay Owner $520.00 for each day that expires
after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final
completion are not additive and will not be imposed concurrently.

B. Not Used.
ARTICLE 5 — CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Unit Price Work, an amount equal to the sum of the extended prices

(established for each separately identified item of Unit Price Work by multiplying the
unit price times the actual quantity of that item):

TOTAL OF ALL UNIT PRICES $ 502,622.75 __(doliars)
(use words)

The extended prices for Unit Price Work set forth as of the Effective Date of the
Contract are based on estimated quantities. As provided in Paragraph 13.03 of the

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Proposed Heritage Rail Trail Connection to Mine Falls Park

General Conditions, estimated quantities are not guaranteed, and determinations of
actual quantities and classifications are to be made by Engineer.

ARTICLE 6 —- PAYMENT PROCEDURES

6.01

6.02

6.03

Submittal and Processing of Payments

A.

Contractor shall submit Applications for Payment in accordance with Article 15 of the
General Conditions. Applications for Payment will be processed by Engineer as
provided in the General Conditions.

Progress Payments

A.

Owner shail make progress payments on account of the Contract Price on the basis
of Contractor's Applications for Payment on or about the 7" day of each month during
performance of the Work provided that such Applications for Payment have been
submitted in a timely manner and otherwise meet the requirements of the Contract.
All such payments will be measured by the Schedule of Values established as provided
in 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
elsewhere in the Contract.

Final Payment

A.

Upon final completion and acceptance of the Work in accordance with Paragraph
15.06 of the General Conditions, Owner shail pay the remainder of the Contract Price
as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 - INTEREST

7.01

All amounts not paid when due shall bear interest at the rate of 5 percent per annum.

ARTICLE 8 — CONTRACTOR’S REPRESENTATIONS

8.01

In order to induce Owner to enter into this Contract, Contractor makes the following
representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data

and reference items identified in the Contract Documents.

Contractor has visited the Site, conducted a thorough, alert visual examination of the
Site and adjacent areas, and become familiar with and is satisfied as to the generai,
local, and Site conditions that may affect cost, progress, and performance of the
Work.

Contractor is familiar with and is satisfied as to all Laws and Regulations that may
affect cost, progress, and performance of the Work.

Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions, if any, at or adjacent to the Site and all drawings of physical conditions

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Proposed Heritage Rail Trail Connection to Mine Falls Park

relating to existing surface or subsurface structures, if any, at the Site that have been
identified in the Supplementary Conditions, especially with respect to Technical Data
in such reports and drawings, and (2) reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified
in the Supplementary Conditions, especially with respect to Technical Data in such
reports and drawings.

Contractor has considered the information known to Coritractor itself; information
commonly known to contractors doing business in the locality of the Site; information
and observations obtained from visits to the Site; the Contract Documents; and the
Site-related reports and drawings identified in the Contract Documents, with respect
to the effect of such information, observations, and documents on (1) the cost,
progress, and performance of the Work; (2) the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor; and (3)
Contractor's safety precautions and programs.

Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no 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.

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.

Contractor has given Engineer written notice of all conflicts, errors, ambiquities, or
discrepancies that Contractor has discovered in the Contract Documents, and the
written resolution thereof by Engineer is acceptable to Contractor.

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

Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 — ACCOUNTING DOCUMENTS

9.01

Contractor shall check ail materials, equipment, and labor entering into the Work and shall
keep such full and detailed accounts as may be necessary for proper financial
management under this Agreement, and the accounting methods shall be satisfactory to
Owner. Owner shall be afforded access to ail Contractor's records, books, correspondence,
instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the
Cost of the Work and Contractor’s fee. Contractor shail preserve ail such documents for a
period of three years after the final payment by Owner.

Hoyle, Tanner Project No. 902603 00520-4

ARTICLE 10 —

Proposed Heritage Rail Trail Connection to Mine Falls Park

CONTRACT DOCUMENTS

10.01 Contents

A. The Contract Documents consist of the following:

1.

2.

10.

This Agreement (pages 1 to 8, inclusive).

Performance bond (pages 1 to 3, inclusive).

Payment bond (pages 1 to 3, inclusive).

General Conditions (pages 1 to 63, inclusive).

Supplementary Conditions (pages i to 48, inclusive).

Specifications as listed in the table of contents of the Project Manual.

Drawings (not attached but incorporated by reference) consisting of 24 sheets

with each sheet bearing the following general title: Plans of Proposed Heritage
Rail Trail Connection to Mine Falls Park.

Addenda (numbers |. _, inclusive).

Exhibits to this Agreement (enumerated as follows):

a. Contractor's Bid (pages inclusive)

b. Documentation submitted by Contractor prior to Notice of Award (pages
to 22.., inclusive)

c. (List here other documents, if any)

The following which may be delivered or issued on or after the Effective Date of
the Contract and are not attached hereto:

a. Notice to Proceed (pages inclusive).
b. Work Change Directives.
c. Change Orders.

d. Field Orders.

B. The documents listed in Paragraph 10.01.A are not attached to, but made part of,
this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 10.

Hoyle, Tanner Project No. 902603 00520-5

NASHUA AIRPORT AUTHORITY
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
For the Year Ended June 30, 2021

June 30,
2021 $ 4
2022 8
2023 10
2024 6

Actuarial Assumptions

The total OPEB liability was determined by a roll forward of the actuarial valuation as of June 30, 2019,
using the following actuarial assumptions, applied to all periods included in the measurement, unless
otherwise specified:

Inflation 2.00%

Wage inflation 2.75% (2.25% for Teachers)

Salary increases §.60%, average, including inflation

Investment rate of return 6.75% per year, net of OPEB plan investment expense,

including inflation for determining solvency contributions

Mortality rates were based on the Pub-2010 Healthy Retiree Mortality Tables with credibility adjustments
for each group (Police and Fire combined) and projected fully generational mortality improvernents using
Scale MP-2019.

The actuarial assumptions used in the June 30, 2019 valuation were based on the results of the most recent
actuarial experience study, which was for the period July 1, 2015 — June 30, 2019.

The following assumptions were changed in the current year:

Reduced the assumed rate of investment return from 7.25% to 6.75%

Reduced the discount rate from 7.25% to 6.75%

Reduced wage inflation from 3.25% to 2.75% (2.25% for teachers)

Reduced price inflation from 2.5% to 2.0%

Updated demographic assumptions, including merit and longevity salary increases, disability rates,
retirement rates, and mortality tables (specifically the new public pension plan mortality tables)

e Increased the medical subsidy margin for teachers from 0.20% to 0.50%

The long-term expected rate of return on OPEB Plan investments was selected from a best estimate range
determined using the building block approach. Under this method, an expected future real return range is
calculated separately for each asset class. These ranges are combined to produce the long-term expected
rate of return by weighting the expected future real rates of return net of investment expenses by the target
asset allocation percentage and by adding expected inflation. Following is a table presenting target
allocations and geometric real rates of return for each asset class:

147

Proposed Heritage Rail Trail Connection to Mine Falls Park

D. The Contract Documents may only be amended, modified, or supplemented as

provided in the General Conditions.

ARTICLE 11 — MISCELLANEOUS

11.01 Terms

A.

Terms used in this Agreement will have the meanings stated in the General Conditions
and the Supplementary Conditions.

11.02 Assignment of Contract

A.

Unless expressly agreed to elsewhere in the Contract, 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, money that may become due and money that is 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.

11.03 Successors and Assigns

A.

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

11.04 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.

11.05 Contractor's Certifications

A.

Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for or in executing the Contract. For the purposes of
this Paragraph 11.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing
of value likely to influence the action of a public official in the bidding process or
in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a)
to influence the bidding process or the execution of the Contract to the detriment

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Proposed Heritage Rail Trail Connection to Mine Falls Park

of Owner, (b) to establish Bid or Contract prices at artificial non-competitive
levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice’ means a scheme or arrangement between two or more
Bidders, with or without the knowledge of Owner, a purpose of which is to
establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract.

11.06 Other Provisions

A. Qwner stipulates that if the General Conditions that are made a part of this Contract
are based on EICDC® C-700, Standard General Conditions for the Construction
Contract, published by the Engineers Joint Contract Documents Committee®, and if
Owner is the party that has furnished said General Conditions, then Owner has plainly
shown all modifications to the standard wording of such published document to the
Contractor, through a process such as highlighting or “track changes”
(rediine/strikeout), or in the Supplementary Conditions.

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Proposed Heritage Rail Trail Connection to Mine Falls Park

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

which is the Effective Date of the Contract).

This Agreement will be effective on

OWNER: CONTRACTOR:
By: By:
Title: Title:

(if Contractor is a corporation, a partnership,
or a joint venture, attach evidence of

authority to sign.)
Attest: Attest:
Title: Title:
Address for giving notices: Address for giving notices:

License No.:

(where applicable)
(if Owner is a corporation, attach evidence of
authority to sign. If Owner is a public body,
attach evidence of authority to sign and
resolution or other documents authorizing
execution of this Agreement.)
END OF SECTION

Hoyle, Tanner Project No. 902603 00520-8