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10.When the Work or designated portion thereof is substantially complete, the
CONTRACTOR and OWNER shall establish responsibilities for completion and shall fix
the time within which the CONTRACTOR shall finish all items on the list accompanying
the Certificate. Warranties required by the Contract Documents shall commence on the
date of Substantial Completion of the Work or designated portion thereof unless otherwise
provided in the Certificate of Substantial Completion.

11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work.
When he finds the Work acceptable and the Contract fully performed, the OWNER will
promptly issue a final Certificate for Payment.

12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 11— RETAINAGE

1. The OWNER will retain a portion of the progress payment, each month, in accordance with
the following procedures:

a. 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.

b. Until the work is 50% complete, as determined by the OWNER, retainage shall be
10% of the monthly payments claimed. The computed amount of retainage will be
deposited in the escrow account established above.

c. After the work is 50% complete, and provided the CONTRACTOR has satisfied
the OWNER 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.

2. Upon final completion and acceptance of the Work, OWNER shall hold 2% retainage
during the 1 (one) year warranty period and release it only after the project has been
accepted.

ARTICLE 12 — PROTECTION OF PERSONS AND PROPERTY

1. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all
safety precautions and programs, including all those required by law in connection with
performance of the Contract. The CONTRACTOR shall promptly remedy damage and
loss to property caused in whole or in part by the CONTRACTOR, or by anyone for
whose acts the CONTRACTOR may be liable.

ARTICLE 13 — CORRECTION OF WORK
1. The CONTRACTOR shall promptly correct Work rejected by the OWNER as failing to

conform to the requirements of the Contract Documents. The CONTRACTOR shall bear
the cost of correcting such rejected work.

Page 8 of 12

2. In addition to the CONTRACTOR’s other obligations including warranties under the
Contract, the CONTRACTOR shall, for a period of one year after Substantial Completion,
correct work not conforming to the requirements of the Contract Documents.

3. If the CONTRACTOR fails to correct nonconforming Work within a reasonabie time, the
OWNER may correct it and the CONTRACTOR shall reimburse the OWNER for the
cost of the correction.

ARTICLE 14 —- PROHIBITED INTERESTS

CONTRACTOR shall not allow any officer or employee of the OWNER to have any indirect or
direct interest in this contract or the proceeds of this contract. CONTRACTOR warrants that no
officer or employee of the OWNER has any direct or indirect interest, whether contractual, non-
contractual, financial or otherwise, in this contract or in the business of the CONTRACTOR.
CONTRACTOR 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. CONTRACTOR further warrants that no
person having such an interest shall be employed in the performance of this contract. If any such
interest comes to the attention of CONTRACTOR at any time, a full and complete disclosure of
the interest shall be immediately made in writing to the OWNER. If OWNER determines that a
conflict exists and was not disclosed to the OWNER, it may terminate the contract at will or for
cause.

ARTICLE 15 — TERMINATION OF THE CONTRACT
TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL

The OWNER, in its sole discretion, shall have the right to terminate, abandon, or suspend all or
part of the project and contract at will. If the OWNER chooses to terminate, abandon, or suspend
all or part of the project, it shall provide CONTRACTOR 10 day’s written notice of its intent to
do so. If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.

b. Provide the OWNER with a list of all unperformed services.

C. Place no further orders or sub-contracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work under
the contract that is not terminated.

d. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the OWNER of all orders or sub contracts to the extent they relate to
the performance of work terminated, abandoned, or suspended under the notice,
assign to the OWNER any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice.

e. Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the OWNER to resume performance.

In the event of a termination, abandonment, or suspension at will, CONTRACTOR shall receive
all amounts due and not previously paid to CONTRACTOR for work satisfactorily completed in

accordance with the contract prior to the date of the notice and compensation for work thereafter

Page 9 of 12

completed as specified in the notice. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work.

TERMINATION FOR CAUSE

This agreement may be terminated by the OWNER on 10 calendar day’s written notice to
CONTRACTOR in the event of a failure by CONTRACTOR to adhere to any or all the terms
and conditions of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, to
complete or make sufficient progress on the work in a timely and professional manner.
CONTRACTOR shall be given an opportunity for consultation with the OWNER prior to the
effective date of the termination. CONTRACTOR may terminate the contract on 10 calendar
days written notice if, through no fault of CONTRACTOR, the OWNER fails to pay
CONTRACTOR for 45 days after the date of approval by the OWNER of any Application for
Payment.

Upon receipt of notice of termination for cause, CONTRACTOR shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the OWNER with a list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the OWNER of all orders or sub contracts to the extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or sub contracts specified in the notice, and revoke agreements specified in the
notice.

5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the OWNER to resume performance.

In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not
previously paid to CONTRACTOR for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be allowed or
paid for anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the OWNER by reasons of
CONTRACTOR 's failure. CONTRACTOR shall not be relieved of liability to the OWNER for
damages sustained from the failure, and the OWNER may withhold any payment to the
CONTRACTOR until such time as the exact amount of damages due to the OWNER is
determined. All claims for payment by the CONTRACTOR must be submitted to the OWNER
within 30 days of the effective date of the notice of termination.

If after termination for the failure of CONTRACTOR to adhere to any of the terms and conditions
of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, to complete or
make sufficient progress on the work in a timely and professional manner, it is determined that
CONTRACTOR had not so failed, the termination shall be deemed to have been a termination at
will. In that event, the OWNER shall, if necessary, make an adjustment in the compensation paid
to CONTRACTOR such that CONTRACTOR receives total compensation in the same amount
as it would have received in the event of a termination-at-will.

Page 10 of 12

GENERAL PROVISIONS FOR TERMINATION

Upon termination of the contract, the OWNER may take over the work and prosecute it to
completion by agreement with another party or otherwise. Upon termination of the contract or in
the event CONTRACTOR shall cease conducting business, the OWNER shall have the right to
solicit applications for employment from any employee of the CONTRACTOR assigned to the
performance of the contract. Neither party shall be considered in default of the performance of
such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or more of
CONTRACTOR's principals, officers, employees, agents, subcontractors, sub consultants,
vendors, or suppliers are expressly recognized to be within CONTRACTOR's control.

ARTICLE 16 - DISPUTE RESOLUTION

The parties shall attempt to resolve any dispute related to this contract as follows. Either party
shall provide to the other party, in writing and with full documentation to verify and substantiate
its decision, its stated position concerning the dispute. No dispute shall be considered submitted
and 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.

Loe)

Page 11 of 12

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) Tri State Curb (signature)

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

Date Date

Page 12 of 12

2019 Sidewalk Program — Curbing
Broad Street and East Dunstable Road

SPECIAL CONDITIONS

Working Hours

A. Except as stated below, Normal working hours shall be from 9:00 AM to 3:00 PM
Monday through Friday. Working hours can be extended with written authorization
from the Director of Public Works.

B. No weekend, holiday or night work will be allowed without advance written approval
of the City Engineer. Any request for approval for weekend, holiday or night work
must be made in writing to the Engineer at least one week in advance of the work.

Notice to Proceed and Completion

A. It is anticipated that the City of Nashua will issue a Notice to Proceed on or
about May 20, 2019.
B. Installation of granite curb on Broad Street shall be complete by June 7, 2019.
C. Installation of granite curb on East Dunstable Road shall be complete by October 15,

2019.
ADA Compliance

A. Contractor shall take measurements as needed before work commences at each ramp
location to assure that Contractor has all control needed to install curbing
improvements in compliance with ADA.

B. City representative will meet with the contractor in advance of work at each ramp
location to assure concurrence on the limits and extent of work needed to achieve
ADA compliance.

C. Ifin the opinion of the contractor, construction of an ADA complaint ramp is not
possible at any location based on the concept presented on the Contract Drawings, the
contractor shall notify the Engineer in writing in advance of any construction
activities at that location. Unless notifications of any such concerns are made to the
Engineer, Contractor shall be responsible for the ADA compliance of the finished
work.

Protection of Catch Basins

A. Contractor shall be responsible to protect catch basins in close proximity to the work and
as directed by the Engineer.

SC - 1 of 2

2019 Sidewalk Program — Curbing
Broad Street and East Dunstable Road

SPECIAL CONDITIONS
B. Silt sacks shall be installed at catch basins to be protected in accordance with silt sack
manufacturer’s recommendations. Silt sacks and debris shall be removed upon
completion of the project and properly disposed of by the contractor.

C. Furnishing, installing, maintaining and disposal of silt sacks shall be incidental to other
items of work and no separate payment shall be made for this work.

Cooperation with Nearby City or Utility Projects

A. Other City or utility projects may be undertaken by others in proximity to work proposed
under this contract.

B. The contractor shall take all reasonable steps to cooperate with other projects.

C. Should the contractor consider that coordination and cooperation with other City or
Utility projects presents any unreasonable hardship, the contractor shall notify the
Engineer as soon as practical.

SC - 2 of 2

City of Nashua
Division of Public Works

2019 Sidewalk Program - Curbing
Broad Street and East Dunstable Road

CONSTRUCTION SPECIFICATION

ITEM 609.01 STRAIGHT GRANITE CURB

A.

SCOPE

This work shall consist of constructing curbs as shown on the plans or as ordered by the
Engineer. Work includes furnishing, placing, and clean-up work associated with the
installation of new granite curb, transition curb the removal and relocation of existing
granite curb and shall be installed as detailed in the contract drawings.

MATERIALS AND CONSTRUCTION

The Contractor shall furnish all materials, labor and equipment necessary for constructing
granite curb including all setting materials and pavement patch all in accordance with
relevant provisions of the NHDOT Standard Specifications for Road and Bridge
Construction, latest edition as amended herein and on the contract drawings.

MEASUREMENT AND PAYMENT

Straight Granite Curb and Remove & Reset Vertical Granite Curb will be measured by
the linear foot to the nearest 0.1 foot, from end to end along the lower edge of the
exposed face of the curbing and shall include all required excavation and base course
material. Payment shall be at the contract unit price per linear foot, complete in place,
and shall include full compensation for material, equipment and labor to complete the
work under these items.

Saw-cutting, excavation, gravel, concrete, pavement and all else needed to complete the
work shall be incidental to this item and no separate payment shall be made.

Item 609.01 Straight Granite Curb Linear Foot

Page 1 of 1

PROPOSAL

66 South Sugar Hill Road _.
Weare, NH 03281 # 8634
PH: 603-529-4009
FX: 603-529-4014

info@tristatecurb.com
oe . DATE: 04/26/2019
PROPOSAL Cit - t. :
Scnuierret TO: ity of Nashua Street Dept JOB NAME: Bread Street
9 Riverside Street JOB LOCATION: Nashua. NH
Nashua NH 03062 ON EN EOS
ATTN: Mark PROJECT NUMBER:

PHONE: (603) 589-4709
FAX: (603) 594-3396

Quantity Unit Description Unit Price Total Prize

2,300 LF 609.01 Straight Granite Curb $20.50 $47,150.00

We hereby propose to furnish and install - complete in accord

specifications, for the estimated Dollars ($ 47,156.00 ).

Project Notes: FIELD LAYOUT, TRAFFIC CONTROL AND CONCRETE TOE BY OTHERS. CONTRACTOR
MUST LIST TRI STATE CURB AS EXCAVATOR/CURB WORK ON DIGSAFE TICKET &
PROVIDE COPY OF TICKET PRIOR TO STARTUP. PRICE INCLUDES 2 MOBILIZATIONS
MIN 800’ PER MOB.

Terms: Unless otherwise specified, payment is due in fullnet_ 30DY

All material is guaranteed to be as specified. All work to be completed
ina workmanlike manner according te slandard practices. Any
alteration or deviation from above proposal involving extra costs ‘

: : . Authorized
will be executed only upon written orders, and will become an extra Si

: gnature

charge over and above the estimate. Our workers are fully covered
by Workman's Compensation Insurance.

Note: This proposal may be withdrawn by us if not accepted within 90 days

Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and der and to ni i +
are hereby accepted. You are authorized to do the work as specified. Yo confirm order and schedule please sign and return.

Payment will be made as outlined above Thank you

Date of Acceptance = Signature a =

REPORT OF THE FINANCE COMMITTEE

APRIL 17, 2019

A meeting of the Finance Committee was held on Wednesday, April 17, 2019, at 7:01 p.m. in the Aldermanic
Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman Michael B. O’Brien, Vice Chair
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright

Also in Attendance: Dan Kooken, Purchasing Manager
John Griffin, CFO/Comptroller
Tim Cummings, Director of Economic Development

PUBLIC COMMENT - None
PRESENTATION

Melanson Heath & Company - 2018 Annual Audit and Comprehensive Annual Finance Report (CAFR)

Mayor Donchess

This is Scott McIntire of Melanson Heath and as he usually does, he will brief us on the annual audit.

Scott Melanson Good evening Mr. Mayor and members of the Committee. Thank you very much for the
invitation to come in tonight. As the Mayor said, my name is Scott McIntire, I’m one of the partners at
Melanson Heath & Company and | am here to give you a quick walk-through of our audit process and tell you a
little bit about the process and the results of our work; as well as walk you through some of the highlights in
your comprehensive annual financial report. It is our understanding that at least in your packages you were
provided the Comprehensive Annual Financial Report in excess of 200 pages. | am only going to hit on some
high points in there; accompanied with that was what we in the audit world call a Governance Letter. | am
going to talk about that probably as much as | am about the numbers and that is what | am going to start with.

In essence, what that Governance Letter tells you is it tells you about the results of our audit of your financial
statements. The language in that letter is fairly standard, | like to speak about it a little more basically. The
results of our audit, you know, for your year ended June 30, 2018; were that we found your books and records
to be in good working order. What that means even more specifically is when we came in to do our test work
we found key accounts such as your cash accounts, receivable accounts, long-term debt accounts; all key
accounts were reconciled on a regular and timely basis as a result of the test work that we performed last fall.

As a result of that when it came to assisting and compiling your Comprehensive Annual Financial Report, our
firm did not need to propose any significant audit entries. Basically what that means is your books and records
were in good working order and they are prepared in accordance with Generally Accepted Accounting
Principles. What that means is it takes you to our opinion, which is in your Comprehensive Annual Financial
Report and it goes on for nearly three pages. But to really summarize it very succinctly it means that in our
opinion your financial statements are totally in accordance with Generally Accepted Accounting Principles for
Local Governments here in the United States.