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no dispute shall be valid under this provision unless and until the submitting party has delivered the
written statement of its position and full documentation to the other party. The parties shall then
attempt to resolve the dispute through good faith efforts and negotiation between the OWNER
Representative and the CONTRACTOR Representative. At all times, CONTRACTOR shall carry on the
work under this contract and maintain and complete work in accordance with the requirements of
the contract or determination or direction of the OWNER. If the parties are unable to resolve their
dispute as described above within 30 days, the parties may request that the dispute be submitted
to the Board of Public Works for resolution. If the parties are dissatisfied with the decision of the
Board of Public Works, the parties’ reserve the right to pursue any available legal and/or equitable
remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.

ARTICLE 17 — 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

ARTICLE 18 — MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent
of the other.

2. Tests, inspections and approvals of portions of the Work required by the Contract

Documents or by laws, ordinances, rules, regulations or orders of public authorities having

jurisdiction shall be made at an appropriate time.

If additional testing is required, the CONTRACTOR shall perform these tests.

4. The OWNER shall pay for tests except for testing Work found to be defective for which the
CONTRACTOR shall pay.

w

Page 12 of 13

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) Flectric Light Company, Inc. (signature)

James W Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

Page 13 of 13

®
ACORD
a

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDIYYYY)
11/24/2020

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

certificate holder in lieu of such endorsement(s).

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the

PRODUCER

CONTACT Susan Gilman

general liability,

THE ROWLEY AGENCY INC. PHONE exp, (603) 224-2562 (AVG, Noy: (603) 224-8022
45 Constitution Avenue EMAL es: sgilman@rowleyagency.com
P.O. Box 511 INSURER(S) AFFORDING COVERAGE NAIC #
Concord NH 03302-0511 INSURERA: Citizens Insurance Company of America
INSURED INSURERB:Allmerica Financial Benefits 41840
Electric Light Company, Inc. INSURERC:Hanover Insurance Co. 22292
Coastal Traffic, Inc. INSURER D:Massachusetts Bay Ins. Co. 22306
One Morgan Way INSURER E:
Cape Neddick ME 03902 INSURER F:
COVERAGES CERTIFICATE NUMBER:20-21 Cert REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR [ADDL |SUBR POLICYEFF | POLICY EXP
LTR TYPE OF INSURANCE INSD | WvD POLICY NUMBER (MM/DD/YYYY)_| (MM/DD/YYYY) LIMITS
A | X | COMMERCIAL GENERAL LIABILITY ZBVD78 9474-02 12/31/2020 | 12/31/2021 | EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 300,000
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ :
X | cG0437 - $100,000 Limit MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X | poticy FRO: Loc PRODUCTS - COMP/OPAGG__| $ 2,000,000
OTHER: $
B | AUTOMOBILE LIABILITY AWVD789471-02 12/31/2020 | 12/31/2021 | GMoodent) $ 1,000,000
X | ANYAUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED j
‘AUTOS ‘AUTOS BODILY INJURY (Per accident) | $
x NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
c UMBRELLA LIAB X | occur UHVD78 9477-02 12/31/2020 | 12/31/2021 | EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
DED | ¥ | RETENTION $ 10 ,000 $
D_ |WORKERS COMPENSATION WBVD78 9462-02 12/31/2020 | 12/31/2021 | x | RER OTH
AND EMPLOYERS’ LIABILITY YIN /32/ /32/ STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE 3A States: ME NH CT MA E.L. EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? [3 | NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE | $ 500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT _| $ 500,000
A | Leased/Rented Equipment ZBVD78 9474-02 12/31/2020 | 12/31/2021 | $100,000 Limit
A | Installation Floater ZBVD78 9474-02 12/31/2020 | 12/31/2021 | $100,000 Limit
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Covering electrical contracting operations of the insured. City of Nashua is an additional insured on

auto liability and umbrella when required by written contract with named insured.

CERTIFICATE HOLDER

CANCELLATION

City of Nashua
229 Main Street
Nashua, NH 03060

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

Susan Gilman/SJG

ACORD 25 (2014/01)
INS0285 (201401)

© 1988-2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

September 29, 2021
Memo #21-177

TO: Mayor Donchess
Finance Committee

SUBJECT: Purchase of Asphalt & Aggregates for Street Operations in the amount not to exceed
$144,500 funded from accounts 61507 Asphalt 61535 Gravel/Loam

Please see attached communications from Jonathan Ibarra, Superintendent of the Street Department
dated September 23, 2021 for project specific details related to this purchase. Below please find a summary
of the purchase approval request:

Item: Asphalt & Aggregates for Street Operations
Value: $144,500
Vendor: Brox Industries & Continental Paving

Department: 161 Streets
Source Fund: 61507 Asphalt & 61535 Gravel/Loam

Ordinance: Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be
procured through cooperative intergovernmental purchase agreements with
other governmental jurisdictions.

The Street Department is using two NH state contracted vendors for this purchase so there is no
requirement of a competitive bid.

The Superintendent of the Street Department, The Board of Public Works (9/23/21 BPW Meeting) and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: C O'Connor
J Ibarra

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

To:

From:

Re:

A Metion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 23, 2021

Jonathan Ibarra, Superintendent
Street Department

Brox and Continental sole source

To approve the sole source purchase of asphalt and aggregates from Brox
Industries of Hudson, NH and Continental Paving of Londonderry, NH in the
amount of $144,500. Funding will be through Department: 161 Streets; Fund:
General; Account Classification: 61 Supplies and Materials.

Schedule of Prices

Brox industries and Continental paving has been the City’s supplier of asphalt and
agpregate products for several years and continue to meet the City’s needs. As
local vendors the close proximity of their facilities has saved the City valuable
time when completing daily projects. In the early spring and late fall the only
plant open is often Brox in Dracut, MA. The asphalt we are seeking approval for
is used for filling pot holes, our mill and fill program, fill around catch basins and
for small paving projects done by the Street Department. This is not part of the
paving program.

Under the guidance of the last two City Purchasing Managers, the Street
Department has not brought asphalt for approval to the BPW or Finance
Committee in at least the last 10 years. The new Purchasing Manager and our
Legal Department have made a recent determination that the purchases need to be
brought to both BPW and Finance for approval.

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BROX INDUSTRIES 2019 PRICELIST

85 GREELEY STREET HUDSON NH 03051

Asean ht

PERFROMANCE PATCH
EROSION STONE
SHOT ROCK

1 #/2 DENSE GRADE

11/2 WASHED STONE

3/4 STONE BASE

3/4 WASHED STONE
ey
1/2 WASHED STONE
3/6 WASHED STONE
CRUSHED STONE FINE GRADE

CRUSHED RAP BASE

CRUSHED CONCRETE BASE

STONE DUST (BLUE)

MORTAR SAND
SCREENED SAND
WASHED SAND

SALTED SAND THROUGH 4/30/19
SILT

HIGH G SAND
FILL

SCREENED FILL
3° GRAVEL BASE

SCREENED LOAM
CONCRETE (INCOMING CLEAN)

CONCRETE (OVERSIZE AND STEEL)

STUMPS (20-39) TRAILER

STUMPS (TRI-AXLE 10 WHEELER}

EMULSION-PER PAIL

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603-889-6174

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$109.00
$14.50
$12.50

$10.50

$14.00

$16.50
$14.00
$13.00
$14.00
$10.50

$9.00

$8.00

$20,00
$26.00
$19.50

$18.50

$75.00
$2.00

$3.00
$5,00
$6.00
$10.50
316.00

$19.00

$25.00

$400.00/LOAD

§250,00/LOAD

$60.00 |

Contractor’s Price List

Continental Paving — Londonderry - Quarry
&

Litchfield Sand & Gravel — Litchfield - Quarry

Prices subject to change without notice Prices Effective: April 1, 2020
Product Per Ton F.O.B.
14” Crushed Stone (washed septic stone) $10.40
%” Crushed Stone $10.40
/2” Crushed Stone $10.40
3/8” Crushed Stone $11.10
3” to 4” Erosion Stone $ 9.50
6” Erosion Stone $ 9.50
Rip-Rap Stone $ 9.00
¥%,” Crushed Gravel $ 7.50
1%” Crushed Gravel $ 7.90
2” Crushed Gravel (NH DOT 304.3) $ 7.90
2” Crushed Stone Base (NH DOT 304.4) $8.10
3” Crushed Stone Base $8.10
Bank Run Gravel (NH DOT 304.2) @ LSG $7.00 /ton atthe West Rd. Pit $7.50 /ton
CPI-Pac $ 7.50
Washed Stone Sand (Fine) $11.00
Washed Stone Sand (Coarse) $11.00
Bankrun Sand $10.00 @ LSG only
Screened Sand $11.00
Loam $10.85
2” RAP (reprocessed asphalt product) $ 6.50
%” RAP $ 8.50

Asphalt Price - Call for pricing (changes based on current liquid asphalt cost)

Continental Drive, Londonderry Scale House # 603-437-1103
Litchfield Sand & Gravel Scale House # 603-424-6515

Truck Rental: 10 Wheeler $85.00/hr. Tri-Axle $90.00 /hr. Trailer $100.00 /nr.

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

September 29, 2021

TO: Mayor Donchess
Finance Committee

SUBJECT: Emergency Repair Notification in the amount of $30,159.90 at the Public Health Building

Pursuant to NRO § 5-90/G: The Mayor may determine that an immediate contract award is necessary to
protect the public health or safety or to avoid substantial financial loss to the City and that the
circumstances do not permit the convening of a special meeting of the Finance Committee or the Board of
Aldermen in time to deal with the emergency. The written finding, specifying in detail the reason for the
contract, the need for immediate action, and the contract terms and amounts, shall be addressed to the
Board of Aldermen and filed with the City Clerk, in which event award of the contract may be made
immediately by the Mayor without aldermanic approval, and shall be presented to the Finance Committee
at its next meeting for review.

Please see attached communications from Tim Cummings, Director of Economic Development, dated
September 15, 2021 for project specific details related to this purchase. Below please find a summary of
the emergency procurement:

Item: Masonry Repair at the Public Health Building
Value: $30,159.90
Vendor: Martini Northern

Regards,

Kelly Parkinson

Purchasing Manager

ae THE CITY OF NASHUA -

ms Pree (rahe City
° Office of Economic Development :

TO: Board of Aldermen

FROM: Jim Donchess, Mayor & Tim Cummings, Economic Development Director
Date: September 15, 2021

RE: Notification of Emergency Expenditure for Masonry Work

This memo is being provided as a written finding to memorialize that unforeseen masonry work
needed to repair bricks and mortar along the side of the Public Health Building. The work
performed was absolutely necessary and warranted.

The Public Health building recently started to leak water. The original contract did not call for
any brick repointing and this masonry work is beyond the current scope of the contract with
Martini Northern. Needless to state you never want water leaking into a building, particularly a
building that just received a substantial renovation. It was deemed necessary to authorize the
work as outlined in the attached scope in an effort to avoid substantial financial loss.

Additionally, compounding the situation is the limited availability of Masons to perform this
work particularly on short notice. The group available had a very small window of time, in which
they could accomplish the work. Also, I would be remiss not to point out this year Nashua has
experienced an uptick in rain events including, but not limited to Hurricane Henri, which the

goal was to get the work done before these types of weather events caused any significant
damage. Needless to state, the work needed to be done expeditiously to resolve the matter.

229 Main Street, Suite 234 * Nashua, New Hampshire 03060 « Phone (603) 589-3106

MARTINI

Change Order Request

19-4110 Nashua Public Health Reno

Change Order Request: 054 - SK16 Existing Masonry
Repointing

8/23/2021

To: Tim Cummings Transmitted By: Dennis Donovan
City of Nashua Martini Northern
229 Main Street 10 Main Street
Nashua, New Hampshire 03060 Newfields, New Hampshire 03856
Description: Date Required By:
CE #077 - SK16 Existing Masonry Repointing # Days Requested:
This cost is associated with the existing stone cornice and window sill
repointing to mitigate water infiltration. The work will include
sealing the brick between cornice and parapet cap as well.
# Cost Code Description Type Amount
1 | 04-00.00 - 04.00.00 Masonry Masonry Repointing Other $ 19,800.00
2 | 01-82.40 - 01.82.40 Superintendent Super Coverage/Int Work Other $ 3,400.00
3 | 09-51.00 - 09.51.00 Acoustical Ceiling ACT Repairs Other $ 1,600.00
4 ]09-90.00S - 09.90.00 Painting and Coating Paint Touch Up & Protection Materials Other $ 500.00
5 | 01-82.20 - 01.82.20 Project Manager PM Coordination (total) Other $ 3,400.00
6 | 01-82.70 - 01.82.70 Project Accounting Accounting (total) Other $ 440.00
Subtotal: $29,140.00
Fee: 3.50% Applies to all line item types. $ 1,019.90
Grand Total: $30,159.90

APPROVAL

APPROVAL

8/23/21

Dennis Mires, P.A. The Architects

Tim Cummings Date Dennis Donovan Date
City of Nashua Martini Northern

APPROVAL

Kreg Jones Date