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Segment 2 - Path and Riverbank Enhancements

2.1 TTG will perform additional river normal and flood analyses to evaluate the flood
resiliency of Tighe & Bond’s riverbank protection system(s) and modifications to the
park and boardwalk alignment to avoid conflicts with the Eversource substation.

Segment 3 — Substation Screening

3.1 TTG will perform final and structural design for the metal screening structure based
on Payette Architect’s March 6, 2022 design.

3.2 TTG will perform preliminary (recently completed) and final structural design for the
screening structure foundation. Prepare final engineering plans and specifications

for review and approval by the City.

Note: A new or revised foundation design different from the preliminary design is
required as Eversource is not in agreement with the TTG preliminary design.

3.3 TTG will perform additional river normal and flood analyses to evaluate flood
resiliency of Tighe & Bond's riverbank (cove) protection system(s).

Segment 4 — Boardwalk Connector

4.1 Perform river engineering analyses using the river model to determine scour, debris
and ice loading impacts for flood resiliency.

4.2 Perform structural design of the pile and pile foundation, the boardwalk/pile
connection, and other structural connections/details.

4.3 Prepare final engineering plans and specifications for City review and approval.

Segment 5 — Multi-Use Path Connector

5.1 Evaluate the proposed riverbank protection system by VHB or others for the
potential of erosion and scour using the river hydraulic model to determine bank
velocities and soil shear.

Segment 6 — $3 Main Street Boardwalk

6.1 Redesign the walkway piles consistent with avoiding the siphon sewer facility and
geotech recommendations being sought as part of final engineering design.

Final Engineering Cesign Proposal 05-11-22 2
4920

TURNER
GROUP

DIVISION 5

AGREEMENT

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2019 by and between
the City of Nashua, New Hampshire (hereinafter called OWNER) and N. Granese & Sons, Ine. and its
successors, transferees and assignees together (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:

ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:

The scheduled work for the 2019 Sewer Replacement Project consists of work on Ash Street, C
Street, and Charles Street. Work includes 1305 linear feet of sewer main replacement, 271 linear
feet of drain lateral replacement, replacement of sewer service connections, replacement of sewer
manholes and catch basins, and miscellaneous other sewer and roadway reconstruction items.

ARTICLE 3 - ENGINEER
3.01 The Project has been designed by: Division of Public Works
Engineering Department
9 Riverside Street
Nashua, NH 03062
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with 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 completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion

A. Project will begin once a written “Notice to Proceed” is issued.

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B. Substantial Completion shall be 120___ calendar days from the Notice to Proceed and
Final Completion shall be 150___calendar days from the Notice to Proceed.

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph
4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions.
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) CONTRACTOR shall pay OWNER ONE HUNDRED dollars ($100) for each calendar
day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the time specified in paragraph 4.02 for completion and readiness for
final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
TWO HUNDRED dollars ($200) for each calendar day that expires after the time specified in paragraph
4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

B. In the event that the CONTRACTOR fails to pay OWNER the specified liquidated damages
amount within_thirty (30) days of CONTRACTOR being notified of said damages, OWNER may deduct

the amount of the assessed liquidated damages from the final payment or retention withheld pursuant to
Article 14 of the General Conditions.

ARTICLE 5 - CONTRACT PRICE

5.01 Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in
accordance with the Contract Documents, the Contract Sum of:

One Million One Thousand Eight Hundred Eighty-Eight and 00/100 Dollars
($1,001,888.00)

The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work determined below:

A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each
separately identified item of Unit Price Work times the estimated quantity of that item, as indicated in the
attached Bid Schedule;

B. as provided in paragraph 11.03 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as
provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in
paragraph 11.03 of the General Conditions.

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ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.

B. Applications for Payment under this agreement shall be submitted as follows:
> Electronically via email to VendorAPInvoices@NashuaNH.gov
OR
¥ Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the OWNER requires that
all submitted invoices contain a valid PURCHASE ORDER NUMBER

6.02 Progress Payments; Retainage

A. Progress Payments. The OWNER will once each month make a progress payment to the
CONTRACTOR on the basis of an estimate of the total amount of work done to the time of the estimate and
its value as prepared by the CONTRACTOR and approved by the ENGINEER. All such payments will be
measured by the schedule of values established in paragraph 2.07.A of 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 in the General Requirements.

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

1. 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.

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

3. After the work is 50% complete, and provided the CONTRACTOR has satisfied the
ENGINEER 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

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withheld. The escrow account will remain at the same balance throughout the
remainder of the project.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the
General Conditions, OWNER shall hold 2% retainage during the 1 (one) year warranty period and release it
only after the project has been accepted.

ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS

7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.

D. CONTRACTOR has carefully studied all (if any): (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which
have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General
Conditions and (2) reports and drawings of Hazardous Environmental Condition, if any, at the Site which has
been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.

E. CONTRACTOR is entitled to rely upon the general accuracy of the “technical data” as
provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and
drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes.
CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract Documents with
respect to Underground Facilities at or contiguous to the site.

F, CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerming conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences and procedures of construction, if any, expressly required by the Contract Documents
to be employed by CONTRACTOR, and safety precautions and programs incident thereto.

G. CONTRACTOR does not consider that any 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
Documents.

H. 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.

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I. CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents
and all additional examinations, investigations, explorations, tests, studies, and data with the Contract
Documents.

J. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.

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

ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents

A.

1. The Contract Documents are defined in Article 1 of the General Condition as amended

herein.

2. The Drawings are entitled ”2019 CIPP Lining Project, prepared by Hayner/Swanson,
Inc., prepared for the Division of Public Works, City of Nashua, dated January 14, 2019,
consisting of 34 Sheets”.

3. The following documents are incorporated by reference or otherwise indicated:

a. New Hampshire Department of Transportation “Standard Specifications for Road
and Bridge Construction”, latest edition, incorporated by reference or unless

otherwise indicated.

b. “Manual of Uniform Traffic Control Devices”, latest edition, incorporated by
reference.

c. City of Nashua, Standard Specifications for Sewers and Drains, Revised,
Approved and Adopted June 15, 1992, incorporated by reference.

d. City of Nashua, Standard Specifications for Road Construction, Approved and
Adopted June 11, 1986, incorporated by reference.

e. City of Nashua, Standard Specifications for Sidewalk Construction, Approved
and Adopted August 28, 1995, incorporated by reference.

f. City of Nashua Ordinance O-03-219 (Amended), Approved November 14, 2003.
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this will have the meanings indicated in the General Conditions.

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