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§ 8.1.3 The Architect and Owner waive consequential damages-for-claims, disputes, or other matiers AG cuee
arising -outotorreinngiothis Agreement This-mutual waiver isappheable-without limitation, to all consequential
damages due-to-either parly'sterminatien-of this Apreement, except as-specifedlly-provided fe S6Ctibn
9-Alntentionally omitted

§ 8.2.2 The-Ownerand Architect shall endeaverto resolve claims, disputes-and other matters in- question beuveen them
by mediatios-which, unless the parties mutually .aaree-oiherwise,-shall be adminisiered-by the American Arbitration
Assectation in-aecordance-with-its Construction Indust'y Mediation-Procedures in effect onmihe date-ul this
Agreement_A- request fur mediation shall be snade in writing, delivered iothe-other party-to-this Agreement. and filed
with the-person_ or entity-administerimg the-mediatien—The request-may-be made concurrently with the-fii ne-ofa
complaint-or other appropriate-demand for binding -dispate resehition but, in-such-event, med:ation shall preceed in
advance of binding dispute-resohition proceedings, which shall be stayed-pending-mediation-for a peried-of-60 days
fromthe date of filing.uniess-stayed fora longer period-by-agreement-of the -parties-or-court-order-H an arbitration

ee section,the- parties may nonetheless proceedto-the selection of the urbitraterts)
r-preceedings. Intentionally omitted

[| }-—--bitigation ine courtof competent jurisdichonX_|_ Litigation in the State of New Hampshire
Superior Court [Hillsborough South.
PAGE 19

§ 9.1 Hthe Owner -fails-to-make paymeniste-the Architect in-accordance-withthis Agreement, such failure-shall be
consideretl substantial nonpertormance and cause for termination or atthe Arehttects-option- cause forsuspension of
under this-Agreemenf the Architect-eleets to suspend services: the Architect shall give

faces are re notiee-te-the Owner-before suspending services. Inthe event-ofasuspension of services-the
Architect shall have ne-labilityto.the Owner-for delay-or damage caused the Owner beeause of such suspension-of
services Belere resuming services, the Owner shall pay-the Architect atL-sums- due prorie- suspensionand any
eee eee oe ee of the -Architect-¢ serviees- The Archieet’s fees for the

‘ equitably adjusted: The Architect shall give the Qwner twenty-one
@)D: days wr written notice of the Architect's intention to terminate or suspend provisions of Services. This notice shall
detail the Archilect’s specific reason(s) for its intended termination or suspension and shall state with specificity the
means by which the Owner may cure the alleyed reason,

§ 9.2 If the Owner suspends the Project the Architect shall -be-compensated- Bonsehibes peridemied Prat to netice-of
such suspension._When the Project is resumed the Architect shall be-compens:
imerrupien and -resumption of the Architect's serviees-The “Arehitect “s- fees-_for shecamaic ey servives-and-the time

schedules shall-be equitably adjusted:fails to make payments io the Architect that are otherwise due hereunder and are
not subject toa yood faith dispute, the Architect shall give the Owner fourteen eae adv: anced weritien. notice o of
ils intention to suspend Services. If the Owner fails either to pay or justify its lac
in accordance the terms of this Agreement Architect may give notice of suspension and suspend the | Services fix ve (5)
day thereafter. Services shall otherwise be performed continually and expeditiously, including during the pendency of
disputes. The suspension shall cease when payment in full of undisputed amounts is made.

§ 9.3 dethe-Ownersuspends-the- Project formere-than-06 cumulative days fer reasons-otherthan-the fault of the
Architect, the Archiectmay terminate-this-Apreement-by giving netless thun-seven days” written -notica-Lnless
otherwise noted herein or dicated in the Project Schedule most recently approved by the Owner, or unless caused by
the Architect if the Project is suspended by the Owner [or more than ninety (90) consecutive days, the Architect shall
be compensated for Services that were fully and satisfactorily performed prior to suspension and shall receive
equitable payment for the Architect’s demonstrated actual costs to remobilize 19 continue performance when Services
are recommended by request of the Owner,

§ 9.4 Either party may-terminatethis-A.greement-apen-neess than seven days’-written notice should the other party
einai rca i oer ieee eee the-party imibating the

se, for the Owner’s convenience

Additions and Deletions Report for AIA Document 8161™ 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects.

Ail rights reserved, WARNING: This AIA” Document ts protected by iS. Copynait iaw and International Treaties. Unauthorized reproduction or 8
distrbution of this AIA” Gocuraent. or any portion of it, may resuit in severe civil anv criminal senalties, and will be prosecuted to the maximunt extent
pessthie under the taw. This document was produced by AIA software at 17.12.42 ET on 04/02/2019 under Order No.0100024863 which expires an 12/13/2049

and is not for resale
User Notes: {11314096914}

cause, ‘but that ¢ cause use be Subseauontty found to be insufficient to "I nai enon, the termination ‘shall be deeded
one of convenience,

§ 9.5 The Ownermay tenninate-thisAgreement-upoen-not-lessthan-seven days’ written -netive-to-the Architect forthe
Eunos sconvenience and without eause: In the event ol ter mination not the fault of the Avchilcet, the. Architect shall

§ 9.6 the -Ownerterminates this -Aereement foriis-convenience puriuant-te-Secton-4.5_orthe Architect erminates
this Agreement pursuant to Section 9.3, the Ovner shall compensute the Architect for-services-perfermed-priorio
termination: Reimbursable-Expenses-ineurred,and-cosis atusbuteble-to-termtinition, inchiding the costs-attribtiable-to
the-Architects_termminaion-of consultant agreemenis.Intentional omitted.

§ 9.7 dradditionic-an-aniounts-paid under Section-9.6,+f:he Ouner temminates-this- A preement for its convenience
purstuntie Section 5.5 ,orthe Architectterminates-this Aereement-pursuantio Secten-9. 4, the Qwrershall pay tothe
sai al ce ie

A Termination bee:

2—~—Licensiig Fee +f the Owner-imendste-continueusing he Architect-s-Instruments-of Semice:
Intentionally omitted,

§9.85 é ; seni this Agreement shallierminate- one-year from the-date of
Substantial Completion, (Termination Expenses) Any reference to Termination Expenses elsewhere in this Agreement shall be
of no effect.

§ 9.9 The Owners deh tesethe- ~Arechiect’s Iastrumenis-ef Semvice atthe eventofa tesminghon ef this -vereement
are-setforthin-Article and Section 9.7.(Cooperation afier Termination) in case of any termination, The Architect shall:

1) Cooperate with Owner in completing the Project:

2) Provide information requested by the Owner in connection aes completion. ul {the Project:

even if incomplete, prepared by

the iS Architerty up. to o the date of te of termination: -and

4) if requested by the Owner, provide a reproducible copy of all Drawings, Specifications and other documents to
describe the constructed Work as of the date of tennimation,

Services provided afler termination shall be compensated as Additional Services.

PAGE 21

143,700.00

Quoted for defined scope with prior approval

Quoted for defined scope with prior approval

§ 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included im
Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent (1.15 %), or as follows:
PAGE 22

Schematic Design Phase 20,000.00 percent [( My)

Additions and Deletions Report for AIA Document B101™ — 2017. Copyright © 1974, 1978, 1987, 1997. 2007 and 2017 by The American Institute of Architects.
All rights reserved, WARNING: This AiA” Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction a
distribution af this AIA Document, ar any portion of rt. may result in severe civil and criminal penalties, aret will be prosecuted ta the maximum extent
possible under the law This document was produced by AIA software at 14:12:42 ET on 04/02/2019 under Order No.0100024863 which expires on 12/13/2019.

and is not for resale.
User Notes: (1131096914)

9

Design Development Phase 25,000.00 — percent ( Yo)

Construction Documents 62,763.00 — percent ( Ma)
Phase

Construction Phase 35,937.00 — percent { "%)
Total Basic Compensation —— one-hundred 143,700,00 percent ( —S—S—~=~«~dC‘S

See Exhibit B & Dennis Mires, PA The Architects Hourly Rates
PAGE 23

§ 11.8.2 For Reimbursabie Expenses the compensation shall be the expenses incurred by the Architect and the

§ 11.10.14 An initial payment of Zero _(S§ 0_) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner’s account in the final invoice.

§ 11.10.1.2 ifa Sustainability Certification is part of the Sustainable Objective, an initia! payment to the Architect of
N/A {S$ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the
Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the
Certifying Authority shall be credited lo the Owner's account at the lime the expense is incurred.

§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty (30 ) days after
the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from
time to time at the principal place of business of ihe Architect.

Zero "oO ‘per mo.
PAGE 24

NIA

[ N/A_] AIA Document E204™.2017, Sustainable Projects Exhibit, dated as indicated below:

Exhibit A - Proposal dated July 31, 2018

Exhibit B - Dennis Mires, P.A.

Additions and Deletions Report for ALA Document 8101 ™ — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects.
All rights reserved. WARNING: This AIA Document is protected by 4.8. Copyright Lav and International Ircaties Unauthorized repreckiction or

distnbution ef this AMA” Document, or any portion of tt, may result in sewerg cive and criminal penalties, and wil be prosecuied to (ie + MUM extany,
possible under the law This document was produced by AIA software al 14:12:42 ET on 04/02/2019 under Order No.0100024863 which expires on 12/13/2019,

and is nat for resale
User Notes: {3131096914}

_Dennis Mires, President. AIA Lie No OLO18

Additions and Deletions Report for AIA Dacument B101™ — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects.
Allrights reserved. WARNING: This AIA* Document is protected by U5. Capyriqnt Law and internatianal Treaties Unauthorized reproduction or 44
distribution of thie AIA” Document, or any portion of it, may resulCin severe chell and creainal perrallies, sad will be prosecuted to the maximum extent
possible under the law This document was produced by AIA software at 11:12:42 ET on 04/02/2019 under Order No.0100024863 which expires on 72/13/2019,

and ts not for resale,

User Notes: (1131096914)

Certification of Document’s Authenticity
AIA® Document D401™ — 2003

1, Dennis B. Mires, AIA Presdient, hereby certify, to the best of my knowledge, information and belief, that | created
the attached final document simultaneously with its associated Additions and Deletions Report and this certification at
11:12:42 ET on 04/02/2019 under Order No. 0100024863 from AIA Contract Documents software and that in
preparing the allached final document {| made no changes to the original text of AIA* Document B1O1™ 2017,
Standard Form of Agreement Between Owner and Architect , as published by the AJA in us sofiware, other than those
additions and deletions shown in the associated Additions and Deletions Report.

i

(Da ted)

AiA Document D401" ~ 2003. Copyright © 1992 and 2003 by The Amencan Institute of Architects. All rights reserved. WARPING This ALA” Document is
protected by U5. Copyright Law and Internationa! Treaties. Unauthorized reproduction or distribution of this AIA” Documens, or any portion of it, may 4
rosull in severe civi! ane criminal pesaities, and will be prosecuted to the maximum extent possille under the law This document was produced by AIA
sofiware at 11.1242 ET on 04/02/2019 under Order No.0100024863 which expires an 12/13/2019, and is not for resale

User Notes: (1431096914)

THE CITY OF NASHUA “The Cate City

Financial Services

Purchasing Department

BPO art SN RRL A MANES IRON OE Ge YE

May 9, 2019
Memo #19-144

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2019 PAVEMENT PRESERVATION PROGRAM-CRACK SEALING (VALUE: $143,865)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated April 25, 2019
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 (April 25, 2019 meeting) and the Purchasing Department
recommend the award of this contract in an amount of $143,865 to Sealcoating, Inc. of Braintree, MA.

Re pecttully,

Dan Kooken
Purchasing Manager

Cc: 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:

D. Motion:
Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 25, 2019

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

2019 Pavement Preservation Program - Crack Sealing

To approve the award of the construction contract with for the 2019 Pavement
Preservation Program (Crack Sealing) to Sealcoating, Inc. of Braintree, MA in an
amount of $143,865. Department: 160 Admin/Engineering; Fund: Bond;
Activity: Paving.

The 2019 Pavement Crack Sealing Program is expected te crack seal
approximately 31 miles of streets. This will include cleaning and sealing of
construction and random cracks in the street, Once the cracks are free from debris,
dirt, or vegetation, crack sealant will be applied through a high pressure hose line
and applicator shoe.

Formation of cracks in the roads is inevitable and will develop as the asphalt
pavement undergoes oxidation and deterioration. Once the cracks are sealed with
an approved seaiant, it slows the rate of their formation in pavements over time
and decreases the amount of moisture penetrating the asphalt layers.

The streets selected in this program are in reasonably good condition (Pavement
Condition Index [PCI] in the range of 60 to 99}. This type of treatment is moze of
a routine maintenance with the goal of extending the pavement life and delaying
the need for more extensive treatments. Majority of the streets that are selected in
this program are residential streets and few are arterial/major roads.

The contract was advertised on March 28, 2019 and non-mandatory pre-bid
meeting was held on April 10, 2019. However, no contractor attended. Given
below is the list of the bids:

Sealcoating, Inc. of Braintree, MA $ 143,865
Superior Sealcoat, Inc., Wilmington, MA $ 211,683

Sealcoating, Inc. of Braintree, MA is the qualified low bidder. References have
been checked and were found to be acceptable.

\ THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

ee ee eR Rn cm

May 9, 2019
Memo #19-145

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF CASTINGS FOR THE 2019 PAVING PROGRAM (VALUE: $194,866)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated April 25, 2019
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 and the Purchasing Department recommend the award of this
contract in the amount of $194,866 to Concord Winwater Works Co. of Concord, NH.

Respectfully, _
7, ‘

an 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:

C. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 25, 2019

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

2019 Paving Program - Castings

To approve the purchase of manhole and catch basin castings from Concord
Winwater Works Co. of Concord, NH in the amount of $194,866.40. Funding
will be through: Department: 169 Wastewater; Fund: Wastewater; Activity:
Sewer Structures.

The 2019 Paving Program includes the work of replacing all broken and obsolete
manhole and catch basin castings. In order to keep costs low, the paving contract
specifies that the castings will be supplied by the City. This approval is for the
purchase of 460 catch basin frames, 400 catch basin grates, 460 manhole frames,
390 sewer manhcle covers, and 70 drain manhole covers, meeting DPW
specifications to be installed under the 2019 Paving Program.

Request for quotes were emailed to Concord Winwater Works, EJ Prescott,
Ferguson Water Works, EJ Company, Blair Supply USA, and Neenah Foundary.
The quotes were received from the following three vendors:

Concord Winwater works, Concord, NH $194,866.40
EJ Prescott, Inc. of Concord, NH $201,873.10
Ferguson Water works of Raymond, NH $229,110.60

Concord Winwater Works Co. is the qualified, low bidder for this purchase. They
have supplied castings on NHDOT projects and several construction projects in
State of New Hampshire.

City of Neshua

DPW - Enginesring Degaviment

2018 Sirect Paving Program

| Item No. | Quantity [Unis | DESCRIPTION _..|_BEFERENCENG, |" UnitPrice [ Yeiel Price —
1 400 EA Catch Basin Gretas 532031 $72.35 $28,940.00
2 70 EA Drain Manhole = ‘a Raised Letters 200627 $144.65 $10,125.50
3 390 EA Sewer Manhole Cewars vi Raised Letters 200628 $144.65 $56,413.00
SEWER".
4 150 EA 4 Flange Catch Basin Frames with 4" Rise 532111 $104.94 $15,741.00
5 250 EA 3 Flange Catch Basin Frames with 4" Rise 532113 $102.91 $25,727.50
B 30 EA 3 Flange Catch Basin Frames with 8" Rise §32013 $118.06 $3,541.80
7 30 EA | 4 Flange Catch Basin Frames with 8” Rise 532011 $125.29 $3,758.70
8 460 EA Manhole Frames with 6" Rise 200611 $110.04 $50,618.40
TOTAL BID PRICE $134,856.40
Dollars and Cents ee

NOTES:
“All units shall be US products.

“All units shall be Heavy Duty.
“Prices are to be quoted FOB delivered to the City of Nashua laydown yard at 6 Riverside Si, Nashua, NH 03062.

* Prior to delivery of the Castings, Mandep Gill should be notified via phone call about the delivery time in advance via phone
call (603-589-3123) during regular office business hours (iMionday through Friday: 8:00 Alvi to 5:00PM}

“Delivery will be required within ten (10) days afier issuance of Purchase Order.

“Shop Drawings and Certificates of Compliance will be required. Submit castings as per the attached drawings or equivalent.

Supplier: Con Cath Laparisgi’ Ce.

oO .
Authorized Signature: = ns Fi kewch berks Rhoda fad

Date: 3 -—/#9- 201 9