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THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent Contractor,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Independent Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Independent Contractor. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any
kind or nature not set forth in this contract. No changes, amendments, or modifications of any
terms or conditions of the contract shall be valid unless reduced to writing and signed by both
parties.

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.

Bier KELEY Exhibit B: Scope of Work

BULLDING

CloMPAaNy and Associated Fees

14 Court Street Building Renovations - RFQ 0745-072018

We are pleased to submit the following proposal for 14 Court Street for your review. Per the walk-through clarifications and
written scope of work we list the following.

Electrical
e 9 LED surface mounted lights (1) one per unit with associated wall switch.
e 2 Duplex outlets per unit, total 18
® 2convenience duplex outlets at “Open area for Activities and Displays”
e Keep existing lighting for general purpose lighting.
o Total $5,893.00

Life Safety
e 1 EBU emergency light fixture

1 Illuminated Exit Sign

Program and install 1 horn strobe

Program and install 1 pull station at egress

1 #10 ABC fire extinguisher at egress

Replace with updated Sprinkler Heads if required by NFD
o Total $1,988.00

Carpentry and Finishes
e Frame and board per drawings and specifications 9 units, along with secured access area and 3 unit closet storage
area, per direction at walk-through.
e Install prehung hollow core doors with storage locks.
e 2 Wood framed metal wire gates to secure rear elevated storage area as discussed in the walk-through.
e = Install 13 prehung doors
© 9 for artist units
o 3 for closet area
o 1 atsecure area at water heater
® Install custom metal ladder in secure area for access to elevator machine room as suggested during walkthrough.
Vinyl base at all new walls

e 1 coat prime and 2 coats paint all new walls and doors
o =Total $29,228.00

Plumbing
e Connect existing sink into the janitor’s closet. Assuming all piping in this area is accessible and able to accept

normal installation connections.
o Total $1,000.00

General Conditions including Performance Bond, final cleaning, dumpsters and fees.
o Total $15,239.00

248 Main Street 104 Congress Street
Reading, MA 01867 Portsmouth, NH 03801
T. 781.246.3353 F. 781.246.3354 T. 603.433.3353 F. 603.433.3352

Ble RRELEY Exhibit B: Scope of Work

BUILDING

Clom pany and Associated Fees

Assumptions and Exclusions
e Ali temporary utilities, Power, Water and Facilities will be by owner.
Permit and landfill tipping fees are excluded.
All flooring is excluded. Leave concrete floor clean and free of Joint Compound and other construction debris.
The limit of work on exterior is the storefront and metal column enclosure.
Allowing for a dumpster to be placed on property.

Price for this work $53,348.00

Included in this cost are the following which can be deleted if not required.
e Custom fabricated metal ladder valued at $1700.00 for access to elevated elevator machine room.
e Sprinkler head update $500.00
© Deduct $1470.00 if one entry door is deleted, option 2, keeping the main center 2 doors only as discussed in the
walkthrough.

We appreciate the opportunity to submit this proposal for the 14 Court Street project for you. Should you have any questions
or concerns, please do not hesitate to contact the undersigned.

Sincerely
Berkeley Building Company

Mike Capozzi
Vice President

248 Main Street 104 Congress Street
Reading, MA 01867 Portsmouth, NH 03801
T. 781.246.3353 F. 781.246.3354 T. 603.433.3353 F. 603.433.3352

, THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

August 23, 2018
Memeo #19-045

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | AMHERST STREET & BROAD STREET SIDEWALK REPAIRS — CHANGE ORDER #2
(VALUE: $40,000)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated August 23,
2018 for information related to this purchase.

Pursuant to § 5-78 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 City Engineer, Board of Public Works (August 23, 2018 meeting) and the Purchasing Department
recommend the award of this Change Order #2 in an amount of $40,000 to Leighton A. White of
Milford, NH.

€ Dan Kooken
Purchasing Manager

Cc: S Dookran L Fauteux

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

To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: August 23, 2018

Stephen Dookran, P.E., City Engineer
Engineering Department

Change Order No. 2 - 2018 Sidewalk Program (Amherst Street & Broad Street
Sidewalk Repairs)

To approve Change Order No. 2 to the contract with Leighton A. White of
Milford, NH for the FY18 Sidewalk Program in the amount of $40,000. Funding
will be through Department 160 Admin/Engineering; Fund: Bond; Activity:
Paving.

The Amherst Street & Broad Street Sidewalk Repairs project involves the
reconstruction of pedestrian sidewalk ramps for ADA compliance along Amherst
Street (between Somerset Parkway and Broad Street) and Broad Street (Between
Broadcrest Lane and Amherst Street). Improvising these ramps is required in
order to use federal funds for the paving of Amherst Street/Somerset Parkway and
Broad Street. During the review process of the paving plans of the arterial streets
(Amherst Street, Somerset Parkway, Broad Street, and Kinsley Street), New
Hampshire Department of Transportation (NHDOT) pointed out the need to repair
additional sidewalk ramps, which are close to the project limits. Therefore,
Engineering is requesting a change order for an additional $40,000 to Leighton A-
White’s contract to cover charges associated with the new increase in work scope.
The work includes curbing, detectable warning panels, concrete and bituminous
sidewalk as well as traffic control.

CHANGE ORDER

No. 02
PROJECT: 2018 Sidewalk Program
OWNER’S CONTRACT NO: IFB0660-040518
EXECUTED CONTRACT DATE: _ May 14, 2018
DATE OF ISSUANCE: ___ Sept. 6, 2018 EFFECTIVE DATE: Upon City Approval

OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.: 140991
CONTRACTOR: Leighton A. White

ENGINEER: DPW Engineering

You are directed to make the following changes in the Contract Documents:
Description:

Change Order #2 is for additional costs associated with the imcrease in quantities to increase in the
scope of work. The work includes curbing, detectable warning panels, concrete and bituminous
sidewalk as well as traffic control. Revised Bid Quantities are attached

The Amherst Street & Broad Street Sidewalk Repairs project involves the reconstruction of pedestrian
sidewalk ramps for ADA compliance along Amherst Street (between Somerset Parkway and Broad
Street) and Broad Street (Between Broadcrest Lane and Amherst Street). Improving these ramps is
required in order to use federal funds for the paving of Amherst Street/Somerset Parkway and Broad
Street. During the review process of the paving plans of the arterial streets (Amherst Street, Somerset
Parkway, Broad Street, and Kinsley Street), New Hampshire Department of Transportation (NHDOT)
pointed out the need to repair additional sidewalk ramps, which are close to the project limits.

Change Order #2 1 of 2
2018 Sidewalk Program

Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$414,265.00

CHANGE IN CONTRACT TIMES:
Original Contract Times

Final completion: September 1, 2018

Net changes from previous Change Orders

$9,874.00

Net change from previous Change Orders

Final completion: September 1, 2018

Contract Price prior to this Change Order

$424,139.00

Contract Times prior to this Change Order

Final completion: September 1, 2018

Net Increase (deerease} of this Change Order

$40,000.00

Net Increase (deerease} of this Change Order

60 calendar days

Contract Price with all approved Change
Orders

Contract Times with all approved Change Orders

$464,139.00 Final completion: November 1, 2018
RECOMMENDED: ACCEPTED: APPROVED:
By: By:
By:
DPW Contractor Mayor Jim Donchess
Engineer Owner
(Authorized Signature) (Authorized Signature) (Authorized Signature)
Date: Date: Date:

Change Order #2 2 of 2

2018 Sidewalk Program

Contract: 2018 Nashua Sidewalk (Amherst ST/Somerset Parway/Broad St)
Contractor: Leighton White
Subject: Change Order #2 Quantities

Work Description: Additional (3) Ramps and Increase Flagger Rate to $28.50/hr.

item No. Item Description Units Unit Price Est Qty Total Price
608.36 6" Reinforced Concrete Sidewalk SY $60.00 10 $600.00
608.6 Reconstruct Bit Sidewalk SY $50.00 35 $1,750.00
608.545 Det. Warning Panels EA $200.00 3 $600.00
609.01 New VGC - Straight LF $60.00 20 $1,200.00
609.501 R&R Curb LF $30.00 28 $840.00
618.7 Flaggers HR $28.50 45 $1,282.50
619.1 Maintenance of Traffic LS $17,927.50 1 $17,927.50
650.3 Restore Landscaping LS $1,200.00 1 $1,200.00
692 Mobilization LS $7,000.00 1 $7,000.00
Traffic Wire Marking hr $200.00 8 51,600.00
Traffic Wire Loop Repair day $1,500.00 4 $6,000.00
Total Change Order #2 $40,000.00

| THE CITY OF NASHUA

Financial Services

"The Gate City"

Purchasing Department

August 23, 2018
Memo #19-046

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2018 PAVING PROGRAM — CHANGE ORDER #2 (VALUE: $359,738)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated August 23,
2018 for information related to this purchase.

Pursuant to § 5-78 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 City Engineer, Board of Public Works (August 23, 2018 meeting) and the Purchasing Department
recommend the award of this Change Order #2 in an amount of $359,738 to Newport Construction of
Nashua, NH.

Go

VK an 1 Kooken
Purchasing Manager

TE

Ce: S Dookran L Fauteux

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

To:

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: August 23, 2018

Stephen Dookran, P.E., City Engineer
Engineering Department

2018 Paving Program ~ Newport Contract
Change Order No. 2

To approve Change Order No. 2 to the paving contract for the FY18 Paving Program
with Newport Construction of Nashua, NH in the amount of $359,738. Funding will
be through Department 160 Admin/Engineering; Fund: Bond; Activity: Paving.

As the City is paving numerous residential, collector, and arterial streets, the City’s
paving contractor Newport Construction has to furnish 6 io 16 qualified flaggers to
direct traffic through or around the work zones, depending upon the number of side
streets and traffic on the paving street. At any given time, at least three to four
Newport crews are working on different streets. Therefore, Newport has to furnish at
least 8 flaggers on a daily basis. In the bid request, the City carried an allowance of
$100,000 and Change order#1, Engineering requested additional $50,000. Since
construction began in May, Newport has been billed by the flagger company at
elevated rates. Therefore, Engineering is requesting a change order for an additional
$100,000 to Newport’s contract to cover charges associated with increased demand of
flaggers at the paving projects.

Since construction began in May, paving treatment of few of the mill and overlay
streets has been changed to reclaim. Some of the streets where the treatment has
changed are Forest Street, Brickyard Lane, Shelley Drive (Scott Avenue to Keats
Street), sections of Southwood and North Southwood, and White Plains Drive. The
reason for change in treatment has been that these streets had low Pavement Condition
Index (PCD in 2017, but last year’s winter was rough which further caused
deterioration due to freeze and thaw cycle. To address the concern, the treatment
method was changed from mill and overlay to reclaim (10”). Total increase in cost of
reclaim item would be $70,568.

Allowance for liquid asphalt adjustment in the bid request was $70,000. It was based
on the base price of asphalt cement of $457.50 per ton (as of February 1, 2018). The
prices have increased to $540.00 per ton and it is based on the latest price published by
the NHDOT dated July 1, 2018. Therefore, DPW is requesting an increase in
allowance for liquid asphalt adjustment in the amount of $165,000.

A right turning lane will be added to Charron Avenue to address ongoing traffic back-
up issues. Therefore, Engineering is requesting $24,170 to widen the street by about
10 feet for a length of 255 feet.