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license, levies, duties, and assessments of every nature duc in connection with any work performed
under the contract. Service Provider is responsible to make any and all payroll deductions required
by law. The contract sum and agreed variations to it shall include all taxes imposed by law. Service
Provider hereby indemnities and holds harmless the City from any liability on account of Service
Providers income and payroll taxes..

25. NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this
contract shall be considered waived by the City. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless expressly
stipulated to by the City in a written waiver.

26. RIGHTS AND REMEDIES. The duties and obligations imposed by the contract and the rights
and remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

27. PROHIBITED INTERESTS. Service Provider shall not allow any officer or employee of the
City to have ary indirect or direct interest in this contract or the proceeds of this contract. Service
Provider warrants that no officer or employee of the City has any direct or indirect interest, whether
contractual, noncontractual, financial or otherwise, in this contract or in the business of Service
Provider. If any such interest comes to the attention of Service Provider at any time, a full and
complete disclosure of the interest shall be immediately made in writing to the City. Service
Provider 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. Service Provider further warrants that no person
having such an interest shall be employed in the performance of this contract. If City determines
that a conflict exists and was not disclosed to the City, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Service Provider (or any of its officers, partners, principals, or employees acting with
its authority) is convicted of a crime involving a public official arising out or in connection with
the procurement of work to be done or payments to be made under this contract, City may terminate
the contract at will or for cause in accordance with paragraph 8. Upon termination, Service
Provider shall refund to the City any profits realized under this contract, and Service Provider shall
be liable to the City for any costs incurred by the City in completing the work described in this
contract. At the discretion of the City, these sanctions shall also be applicable to any such
conviction obtained after the expiration or completion of the contract.

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider to any officer or employee of the City with a view
toward securing a contract or securing favorable treatment with respect to the awarding or
amending or making of any determinations with respect to the performance of this contract. If
City determines that such gratuities were or offered or given, it may terminate the contract at will
or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City under this contract or at law.

28. THIRD PARTY INTERESTS AND LIABILITIES. The City and Service Provider, 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

GC 12 of 13

third party and this agreement is entered into for the exclusive benefit of the City and Service
Provider,

29. 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.

36. 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 invahdity
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.

31. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the
entire contract between the City and Service Provider. 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.

32, CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws of

the State of New Hampshire and any litigation shall be brought in a court located in the State of
New Hampshire.

GC 13 of 13

Exhibit

Summary & Scope of Services Document

ARTICLE 9 - MISCELLANEOUS
9.01 Terms

A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract

A. 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, moneys that may become due and moneys that are 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.

9.03 Successors and Assigns

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

9.04 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.

9.05 Choice of Law and Venue

A. This agreement 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

Address for Giving Notices to Owner: Address for Giving Notices to Contractor:
Matthew Franz, P.E., DPW Senior Staff Engineer | William Davis, Manager

Division of Public Works William P. Davis Excavation LLC
Engineering Department PO Box 758

9 Riverside Street Hampton, NH 03843

Nashua, NH 03062 wil@wpdavisexcavation.com

Email: FranzM@NashuaNuH.gov

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.

AG -6o0f7

1 Federal Sweet

WARK Der, COM

A=COM

City of Nashua: Department of Economic Development
Professional Services related to Restoration of Commuter Rail Service

Summary & Scope of Work

The purpose of this assignment is to provide support to the City of Nashua. through the Department of
Economic Development related to the restoration of Commuter Rail Service to the City of Nasbua. Including
but not limited to conceptual study and design, of Rail infrastructure upgrades and consultation on possible
sources of Capital fund support from either State or Federal sources.

The City of Nashua has entered into a Memorandum of Understanding (MOU) to collaborate with the Boston
Surface Rail Company. (“BSRC™), a privately owned and operated rail service that is seeking to operate a
passenger rail shuttle service connecting Nashua and potentially other communities with the existing MBTA
CR service, which currently terminates in Lowell MA. Per the MOU the City of Nashua has certain
responsibilities and the City may endeavor to further support the restoration and use of the potential CR
service by providing such Capital works, ¢.g.: station. Platform, parking as required in support passenger use.

Proposed Approach

The contract will be an On Call Services contract with each individual assignment or task separately
authorized by Department of Economie Development afler review of a proposed level of effort and price with
a separate scope of work/tasks to be developed and attached hereto.

Pricing will be based on fixed hourly rates with Other Direct Expenses (ODC) as pre-authorized by the City of
Nashua.

Basic Scope To Be Performed Will Include:

The City of Nashua will need a consultant to help guide and advise the municipality on various items to help
advance the objective of bringing passenger rail into Nashua. This includes, but is not limited to the following:

e Information Gathering and Materials Preparation

e Review of Submittals from the BSRC

e =©Attending meetings in support of the City and its Economic Development Director.

e Preparation of reports and studies, conceptual design, cost estimating and scheduling.

Agency Outreach: Upon request working along with and through the Department of Economic
Development, AECOM will contact the appropriate entities; MBTA, FTA, FRA and NHDOT and
other appropriate state/federal government offices for the purposes advancing the feasibility of the
BSRC proposal and to discuss any alternatives to the restoration of Rail service to Nashua as
appropriate. Agenda topics could include, MBTA Service Pilot Policy, potential funding sources and
any legal/operating issues that could impact the plan to restore service. All materials prepared for
presentation will be submitted for full review and approval of the Economic Development Director
prior to any delivery.

Material Review and preparation: Upon request, AECOM is prepared to review and comment on ary
materials submitted by the BSRC to the City of Nashua. As required. AFCOM can prepare
independent cost estimates, schedules and if necessary preliminary design documents to clarify scope
and budge related 10 the project.

or workshops regarding the restoration of CR service.

Key Personnel

The following key personnel will lead the work conducted under this task order. The task order will be
managed directly from our Boston office, allowing the greatest possible responsiveness and efficiency of work
processes. Many of these key staff are located in our Chelmsford MA office close to the community.

NAME FUNCTIONAL TITLE RATE/HR
Frank DePaola, PE VP, Business Unit Leader 330.00
James “Jay” D VP, Transportation 250.00
Brian Vaillancourt, AICP Manager, Planning and Permitting 200.00
Dirk Grotenhuis, PE Senior Manager, Transporiation 185.00
Kathy Schaeffer Lead Civil Design 186.00
Mike Wulforst Traffic & Transit Planning 130.00
Jill Cahoon GIS, CAD 125.00
Rob DiAdamo Bronner Group LLC (DBE) 300.00

(es), THE CITY OF NASHUA

Financial Services

Purchasing Department

Aprii 12, 2018
Memo #18-122

TO: MAYOR DONCHESS
FINANCE COMMITTEE

"The Gate City’

SUBJECT: AMHERST STREET & BROAD STREET SIDEWALK REPAIRS (VALUE: $414,265)

DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: GENERAL

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated April 26, 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 (contingent upon approval at the April 26, 2018 meeting) and
the Purchasing Department recommend the award of this contract in the amount of $414,265 to Leighton

A. White of Milford, NH.

Respectfully,
Cy

L ELE
Dan Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

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

To:

From:

Re:

E. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 26, 2018

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

Amherst Street & Broad Street Sidewalk Repairs

To approve the award of a construction contract for the Amherst Street & Broad Street
Sidewalk Repairs to Leighton A. White of Milford, NH in an amount of $414,265 and
authorize use of Northwest Quadrant Trust Funds in the amount of $180,948 toward
funding of the contract. Funding will be through Department 160 Admin/Engineering;
Fund: General; Activity: Street Infrastructure Improvements; and Departinent 160
Admin/Engineering; Fund: Trust; Account Category: 54 Property Services

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). The scheduled work for this project also includes the installation of a
new bituminous sidewalk accompanied with pedestrian crossings, approximately 300 feet
of granite curbing along the northern side of Amherst Street between the intersection of
Somerset Parkway and the Somerset Plaza Entrance. Due to the impact to the local
businesses, the traveling public and the significance of these roads being major Arterials
and heavily travelled, the contract duration of 75 working days has been established (to
substantial completion). The project is set to begin following the approval of this Board
and the Finance Committee.

This project is a critical piece of the City’s roadway construction schedule for the next
two years and also for the City’s use of 100% reimbursable Federal Funds to resurface
Broad Street, Amherst Street, Kinsley Street and Somerset Parkway. The City, with the
advisement of HSI, having only two contractors attend the pre-bid meeting and after
receiving only 1 bid for the project, would like to proceed with awarding this
construction contract to Leighton A. White as they have experience working for the City
of Nashua and are a qualified site contractor with a good reputation.

2) THE CITY OF NASHUA mie Gaecng?

Financial Services

Purchasing Department

Aprii 12, 2018
Memo #18-123

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2018 PAVING PROGRAM (VALUE: $6,727,834)
DEPARTMENT: 161 STREET; FUND: GENERAL ($4,698,023)
DEPARTMENT: 161 STREET; FUND: TRUST ($1,481,286)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER ($548,525)

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated April 26, 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 (contingent upon approval at the April 26, 2018 meeting) and

the Purchasing Department recommend the award of this contract in the amount of $6,727,834 to
Newport Construction Corporation of Nashua, NH.

PO a

“ ff Lert y,

~ Dan Kooken
Purchasing Manager

Co: S Dookran L Fauteux

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

To:

From:

Re:

C. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 26, 2018

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

FY18 Paving Program — Construction

To approve the award of the construction contract for the FY18 Paving Program to
Newport Construction Corp. of Nashua, NH in the amount of $6,727,834.00. Funding
will be through: Department: 161 Street; Fund: General; Activity: Paving; Department:
161 Street; Fund: Trust; Account Category: 81 Infrastructure Improvements; Department:
169 Wastewater; Fund: Wastewater; Activities: Sewer Structures and Sewer Rehab.

FY18 Annual Paving Program Street Paving List
The FY18 Paving Contract is expected to pave approximately 25.0 miles of City streets.
The contract uses repair methods such as shim, overlay, milling and reclamation. It also

includes replacing obsolete and broken drainage and sewer castings.

The contract was advertised on March 15, 2018. Four contractors attended the mandatory
prebid and three contractors submitted bids on April 10, 2018. Bids are as follows:

Brox Industries, Inc. of Dracut, MA $7,461,456.15
Sunshine Paving of Hudson, NH $6,997,853.61
Newport Construction Corporation of Nashua, NH $6,727,834.00

Newport Construction Corporation of Nashua, NH at a bid price of $6,727,834.00 is the
qualified low bidder.