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11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work.
When he finds the Work acceptable and the Contract fully performed, the OWNER will
promptly issue a final Certificate for Payment.

12, Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 11— RETAINAGE

1. The OWNER will retain a portion of the progress payment, each month, in accordance with
the following procedures:

a.

The OWNER will establish an escrow account in the bank of the OWNER’s
choosing. The account will be established such that interest on the principal will be
paid to the CONTRACTOR. The principal will be the accumulated retainage paid
into the account by the OWNER. The principal will be held by the bank, available
only to the OWNER, until termination of the contract.

Until the work is 50% complete, as determined by the OWNER, retainage shall be
10% of the monthly payments claimed. The computed amount of retainage will be
deposited in the escrow account established above.

After the work is 50% complete, and provided the CONTRACTOR has satisfied
the OWNER in quality and timeliness of the work, and provided further that there
is no specific cause for withholding additional retainage no further amount will be
withheld. The escrow account will remain at the same balance throughout the
remainder of the project.

2. Upon final completion and acceptance of the Work, OWNER shall hold 2% retainage
during the 1 (one) year warranty period and release it only after the project has been
accepted.

ARTICLE 12— PROTECTION OF PERSONS AND PROPERTY

1,

The CONTRACTOR shall be responsible for initiating, maintaining and supervising all
safety precautions and programs, including all those required by law in connection with
performance of the Contract. The CONTRACTOR shall promptly remedy damage and
loss to property caused in whole or in part by the CONTRACTOR, or by anyone for
whose acts the CONTRACTOR may be liable.

ARTICLE 13 — CORRECTION OF WORK

1.

The CONTRACTOR shall promptly correct Work rejected by the OWNER as failing to
conform to the requirements of the Contract Documents. The CONTRACTOR shall bear
the cost of correcting such rejected work

In addition to the CONTRACTOR’s other obligations including warranties under the
Contract, the CONTRACTOR shall, for a period of one year after Substantial Completion,
correct work not conforming to the requirements of the Contract Documents.

Page 8 of 12

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
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

Page 9 of 12

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 faiture 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.

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.

Page 10 of 12

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 16—- 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 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 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.

If additional testing is required, the CONTRACTOR shall perform these tests.

The OWNER shall pay for tests except for testing Work found to be defective for which

the CONTRACTOR shall pay.

=

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) Ted Barry Co., Inc. (signature)

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

Date Daie

Page 12 of 12

se THE CITY OF NASHUA “The Cate City

Fosuenal Perce ay
Pia dene Di partevras

May 9, 2016

iFB0344-060916
SEWER AND DRAIN PIPE AND STRUCTURE INSPECTION

ADDENDUM #1

Information included in this document becomes a part of the original IFB.

Addendum #1 fs being issued to Include the plans for this [F8. The plans can be accessed on the City of
Nashua website under Services>Bid Opportunities>Sewer and Drain Pipe and Structure
Inspection>2016 4 28 Plans Sewer Drain Pipe Structure InspectionTO PURCHASING

All other aspects of the original document remain the same.

Please sign below te indicate receipt of this additional information and include this page with your bid
submittal.

Respectfully,

Foe ao Coe ~
WOO oe
Danielle Greenberg

City of Nashua - Purchasing Agent Il
greenbergd @nashuanh.gov

Addendum #1 received and incorporated into bid submittal for 1FB0844-060916
Please sign and include this addendum in your bid package.

Md a
(Authorized Signature)

6- §-!6

{Date}

‘led (Sere y Corn (er y ac

{Name of Firm} -

508-4 -060916 Sewn: and Grain Pipe and Structure Inspecher. - Adderdharr 1 Page ios}

22% Mam Street * Nashua Mew Hampshire OS060 a Phone (GO3) GH9+34930 «© rax (603) 589-3344

THE CITY OF NASHUA

Frnantal Servives
Purcharag Departacent

May 26, 2015

IFBO844-060916
SEWER AND DRAIN PIPE AND STRUCTURE INSPECTION

ADDENDUM #2

Information included in this dacument becomes a part of the originat |FB.

Addendum 8&2 is being issued to respond to submitted questions.

All other aspects of the original document remain the same.

“The Gate City”

Please sign below to indicate receipt of this additional information and include this page with your bid

submittal.

Respectfully,

XY

Danielie Greenberg
City of Nashua - Purchasing Agent Il
greenbergd@nashuanh.gov

Addendum #2 received and incorporated into bid submittal for |FB80844-060916
Please sign and include this addendum in your bid package.

Mba spam

(Authorized Signature}

6-&- 16

(Date)

fed Berry Go Inc

(Name of Firm’

IFB0844-060916 SEWER AND DRAIN PIPE AND STRUCTURE INSPECTION Addendum 2

Page 1 af 2

229 Main Street « Nashua, New Hampshire O3060 » Prone (605) SA9-3550 = Fax (80S) 580-3344

CITY OF NASHUA, NEW HAMPSHIRE
SEWER AND DRAIN PIPE
AND STRUCTURE INSPECTION
IFB 0844-060916

ADDENDUM NO. 2— May 26, 2016

1. The following items were discussed at the pre-bid meeting conducted on May 9, 2016.

© Root cutting will be done even if the camera can get passed.
Sample traffic control plans are available upon request.
Flagger rates should not exceed those specified in the contract.
The contract allows for free disposal at the Nashua Landfill.

e

© Water is incidental to the cleaning item and a meter will need to be obtained fram
Pennichuck Water Warks te get water.

* “Plans will be available showing pipe locations by the end of the day (May 9, 2016 or
Addendum 1}.

e There were no questions/concerns about how to obtain GIS node numbers.

* The format for deliverables needs to be approved by the City.

* The proposed time frame for final completion was deemed acceptable to all.

© =6There will be available parking for equipment off of Riverside St.

® The City reviewed the submission dates and stressed that dates/times cannot be adjusted. If

it’s late, it will not be accepted. The submission dates are as follows:
a. Deadline for questions: Thursday, May 19, 2016 by 5:00pm
b. Deadline for addendum: Thursday, May 26, 2016 by 5:00pm
c. Deadline for Bids: Thursday, june 9, 2016 by 3:00pm at Purchasing
Department
e All addendums must be signed or the bids cannot be accepted.

2. Submitted questions with responses.

A. General, poge 4, will a representative from the City be with the field crews on a doy to doy

basis?_ The City will provide multiple points of contact and contacts will be available on
short notice to answer questions or make decisions. However, in most cases, a
representative will not be with the field crews on a day to day basis.

B. Maintenance of Troffic (ttem 58], Page 11 lists streets where work is restricted to 9:00 am_ta
3:00pm. Would the City approve the contractor working a niaht shift with Unifarmed Police
Detail_on_ the busiest streets; Main, Amherst and Canol? Working a night shift on these
streets is a possibility. Some preplanning would be required to determine how to address
issues related to City staffing, and City approved field decisions.

ifB0844-066916 SEWER AND DRAIN PIPE AND STRUCTURE INSPECTION Addendum 2 Page 2 of 2
229 Main Street » Nashua, New Hampshire O3060 » Phone (803) 569-3330 » Fax {603} 580-3344

\ THE CITY OF NASHUA Mnesateseliy”

Financial Services

Purchasing Department

April 29, 2016
INVITATION TO BID

Sewer and Drain Pipe and Structure Inspection
IFB0844-060916

The City of Nashua Division of Public Works invites qualified contractors to submit bids for the Sewer
and Drain Pipe and Structure Inspection project. The purpose of the project is to inspect sewer and
drain pipes and structures focusing on streets that need to be paved. The work includes pipe video, pipe
cleaning, structure inspection, and structure cleaning. Videos and reports of inspections will be provided

- to the city for evaluation prior to paving streets.

INSTRUCTIONS FOR BIDDERS

Bids must be submitted on the Bid Form in its entirety with (1) original and two (2) copies, ina sealed
envelope plainly marked “Sewer and Drain Pipe and Structure Inspection for Paving Program” and
must be received at Central Purchasing Office, 229 Main Street, Lower Level, Nashua, NH 03060 prior to
3:00 pm EST on Thursday, June 9, 2016. Postmarks or other timestamps will not be accepted in lieu of
actual delivery. The contractor can use whatever delivery mechanism it chooses as long as it remains
clear that the contractor is responsible for submissions prior to the date and time. Further details are
available on the City’s web site, www.nashuanh.gov, under Services; Bid Opportunities; Bid Results,
(Refer to Document IFBO844-060916) A list of bids received will be published on the website within

twenty-four (24) hours after the opening.

There wil! be a MANDATORY pre-bid meeting at 9 Riverside Street, Nashua, NH 03062 at.11:00 AM on
Monday, May $9, 2016. The meeting is an opportunity for the City to overview the project and objectives
and participants to request additional information directly from City staff managing or participating in
the project. You or your representatives are required to attend this meeting.

Bid documents are available electronically on the City website: www.nashuanh.gov, under Services, Bid
Opportunities; Current Bids; (Refer to Document IFBO0844-060916).

Please note paper copies will not be available. No bid documents are available at the Centrai

Purchasing office.

\FBO844-060916 Sewer and Drain Pipe Inspection for Paving Program Page of 11

229 Main Street » Nashua New Hampshire 03061 | Phone (603) 569-3330 » Fax (603) 589-3344

The timeline for this project is:

Subject

Date

Time/Location

Documents available

Thursday, April 29, 2016

5:00 p.m. on the City Web Site

Mandatory Pre-Bid Meeting

Monday May 9, 2016

11:00 a.m. at 9 Riverside Street

Deadline for questions to be

submitted in writing

Thursday, May 19, 2016

5:00 p.m.

Addendum, if needed, posted

Thursday, May 26, 2016

5:00 p.m.

Bid Due

Thursday, June 9, 2076

3:00 p.m. Purchasing Department |
_—

The date of commencement shall be the date of the Notice to Proceed which is expected to be Monday,

July 18, 2016. Substantial Comptetion shal! be October 15, 2016. Substantial completion is defined as
when all work is completed in the street. Final completion shall be November 15, 2016. Final completion

is defined as when all deliverables have been submitted and deliverables are acceptable to the City.

Vendors are encouraged to submit questions via e-mail; however, the City assumes no liability for
assuring accurate and complete email transmission/receipt and is not responsible to acknowledge
receipt. Inquiries must be submitted in writing, no later than Thursday, May 19, 2016 at 5:00 pm

citing the IFB title, |FRB number, Page, Section to:

Todd Welch

Email: WelchT’@NashuaNu.gov

The City will consider all timely-received questions and requests for change and, if reasonable and
appropriate, will issue an addendum to clarify or modify this IFB. Answers to Vendor submitted
questions and other addenda will be posted under document IFB0844-060916 on the City of Nashua
website; www.nashuanh.gov under Services; Bid Opportunities; Current Bids, (Refer to Document

IFB0844-060916),no later than Thursday, May 26, 2016 at 5:00 pm.

No bidder may withdraw a bid within sixty (60) days after the actual date of bid opening.

Certificates of Liability and Workmen’s Compensation Insurance must be filed by the successful bidder

prior to commencement of work. Liability limits are as follows:

General Liability:
Automobile Liability:

$1,000,000 per occurrence; $2,000,000 aggregate
$1,000,000 combined single limit

Coverage must include all owned, nan-owned and hired vehicles.
City of Nashua must be named as an additional insured on all liability certificates.
Workers’ Compensation: Per NH State Statute ($100,000/$500,000/$100,000)

1FBO844-060916 Sewer and Drain Pipe Inspection for Paving Program
229 Main Sireet » Nashua, New Hampshire 03061 «© Phone (603) 589-3330 « Fax (603) 580-3344

Page 2 of 11