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DIVISION 5

AGREEMENT

Board of Aldermen Page 15
August 9, 2016

ON THE QUESTION

Alderman Lopez

There are a lot of skateboarders in Ward 4 and it’s been referred to a couple of times tonight as an inner
city sport. | would like to emphasize that it is a sport but it’s not just an inner city sport. There are
competitions all over the world and it should be treated as a sport. | was very interested during public
comment where it was pointed out that this could be a jewel for our city. We do have to do things to
continue to attract and retain the young people that we have in our city today. It’s important to have
facilities, activities and sports that support what they are interested in. | am in favor of placing it at the
proposed location given that Renaissance needs to start building and we do need to make sure that we
do take care of the exiting skateboard population. | do have a question for Alderman Deane. One of the
sites adjacent to the current site was described as ideal in the public comment and | was just wondering
what the disqualifying criteria was because one of the other comments | heard during the Infrastructure
Committee meeting was that one of the major priorities was is the property of more value to the city if
used differently. | have the opinion that if we are going to do this and we are going to make sure that we
support the skateboarding population, we should give them the best site possible and treat them as
though they are an economic opportunity.

Alderman Deane

At the time then Director Galligani, Jack Tulley and other members of BIDA talked about the possibility of
that land being developed down the road. It’s off of a large parcel and they felt it would be very
marketable and they were looking at an increase in tax revenue and development in that area. There are
some other geotechnical issues over there too. They took a lot of asbestos out of there. | don’t know if
there are covenants on it due to the contamination or whether it’s being monitored but | can find that out.

Alderman Lopez

My question was just if the site was vetted and it sounds like it was. It’s my opinion that we should make
sure that we commit fully to this. | also think that we need to make sure that the community that they are
moving into receives them positively. Perhaps we should look at creating an Advisory Board for the
skate park that includes a representative from that neighborhood or maybe that Alderman.

Alderman Siegel

With all due respect to my colleague, Alderman LeBrun, he was not on the Board in the previous term
when this was discussed and in fact there was a proposal originally to put this at the starting area where
the Broad Street Parkway is and that was widely discussed and publicized and widely objected to at the
time. The feedback from the public was taken into the account and back to the drawing board everybody
went. As the liaison to the Board of Public Works I’ve been at many of the public meetings where that
has been discussed publicly and this has always been above board. As we heard from Alderman Deane
tonight, Mrs. Johnson appeared to have been kept well in the loop; | would say more than other citizens.
| don’t see a transparency issue here and nor did | ever. | have also witnessed the discussion about the
various site issues and this is clearly the best site. As far as the objection, | think there is this underlying
prejudice that somehow if people are younger and they are on a skateboard that represents trouble and |
am a little confused because it seems to me that people on a skateboard who are skateboarding
represents exactly what is not trouble but something constructive and healthy and social that is away
from electronic devices and other distractions. | would be happy to put on a suit and tie and get ona
skateboard and I’m not young. That should make everybody happy unless | am a demographic that is
somehow is offensive.

Exhibit B
0249-040522 Commissioning Agent

Fee Summary
A. Limited Preparation Phase S 2,900.00
B Construction Phase $10,000.00
C. System Performance Testing S 5,700.00
D. Mechanical Systems Training S§ 1,000.00
E. Project Closeout and Post Occupancy S 5,900.00
Total Lump Sum Fee: (estimated) $25,500.00
Estimated Reimbursable Costs (mileage, printing, copying, etc.) § 2,050.00
Commissioning Services Fee Schedule Attach your standard fee schedule

Acknowledgement is made of receipt of the following bid documents: Request for Proposal, Exhibit A (Scope of
Work}, Exhibit B (Bid Form), Appendix A (Contract, Terms & Conditions)

Fitzemeyer and Tocci Associates, Inc. Nathaniel Fanning, Energy and Infrastructure Service Leader

(Name of Bidding Vendor)

(Signature)

Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and will not during the
performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986,
which prohibits employment of illegal aliens.

Disqualification of Bidders: By signing this bid or proposal, the undersigned certifies that this
person/firm/corporation is not currently barred from bidding on contracts by any Federal Agency or Agency of the
State of New Hampshire, nor is this person/firm/corporation a part of any firm/corporation that is currently barred
from bidding on contracts by any Federal Agency or Agency of the State of New Hampshire. We have attached an
explanation of any previous debarment(s) and copies of notice(s) of reinstatement(s).

Bidding Organization Fitzemeyer and Tocci Associates, Inc.

Name & Title of Authorized Representative Nathaniel Fanning, Energy and Infrastructure Service Leader
Signature Date 4/5/2022

2 of 2

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 Kenyon Pipeline Inspection, LLC
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 CIPP Lining Project consists of work on various residential and
arterial streets in Nashua. Work includes approximately 22,310 linear feet of cure-in-place pipe
(CIPP) lining, sewer manhole rehabilitation, installation of new sewer manholes, point repair of
sewer lines at various locations, and miscellaneous other sewer and paving 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 aa 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.

AG - 1 of 7

B. Substantial Completion shall be 185___ calendar days from the Notice to Proceed and
Final Completion shall be___215__ 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:

Two Million Eight Hundred Twenty-Five Thousand One Hundred Thirty-Five and 00/100 Dollars
($2,825,135.00)

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.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

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

AG - 3 of 7

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
concerning 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.

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

AG -40f7