Search

17.

18,

19.

20.

not limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff, termination, rates of pay, or other forms of compensation and selection for
training, including apprenticeship.

Without limitation of the foregoing, Independent Contractor's attention is directed to Title
41"Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor” which, by this reference, is incorporated in this contract.

Independent Contractor agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Independent Contractor under this contract.

In connection with the performance of work under this contract, Independent Contractor agrees
not to discriminate against any employee or applicant for employment because of race, creed,
color, national origin, sex, age, or sexual orientation. This agreement includes, but is not limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.

Independent Contractor agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by Independent Contractor shall constitute a material breach of the contract.

ENDORSEMENT Independent Contractor shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Independent Contractor or under its direction as required under the laws of the State of New
Tarpshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor shall
not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Independent Contractor related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Independent
Contractor's expense, by Independent Contractor to the City of Nashua upon completion,

GC 8 of 11

21.

22.

termimation, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Independent Contractor, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (¢.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract must be retained by
Independent Contractor for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Independent Contractor shall promptly remit and
deliver the materials, at Independent Contractor's expense, to the City of Nashua. Independent
Contractor shall not use, willingly allow or cause to have such materials used for any purpose
other than the performance of Independent Contractor's obligations under this contract without
the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Independent Contractor expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Independent
Contractor (including those remitted to the City of Nashua by Independent Contractor pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Independent Contractor in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Independent Contractor. The City of Nashua shall have the right to reproduce any
such materials.

Independent Contractor expressly and indefinitely waives all of its rights to bring, including but
not limited to, by way of complaint, interpleader, intervention, or any third party practice, any
claims, demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Independent
Contractor agrees to indemnify, to defend, and to hold harmless the City of Nashua, its
representatives, and employees from any claim or action secking to impose liability, costs, and
attorney fees incurred as a result of or in connection with any claim, whether rightful or
otherwise, that any material prepared by or supplied to Independent Contractor infringes any
copyright or that any equipment, material, or process (or any part thereof) specified by
Independent Contractor infringes any patent.

Independent Contractor shall have the right, in order to avoid such claims or actions, to substitute
at its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall mect all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Independent Contractor
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Independent Contractor in writing that the whole of the work was
completed on the date indicated in the notice or provide Independent Contractor with a written
list of work not completed. With respect to work listed by the City of Nashua as incomplete,
Independent Contractor shall promptly complete the work and the final acceptance procedure

GC 9 of 11

23.

25.

26.

shall be repeated. The date of final acceptance of a project by the City of Nashua shall be the date
upon which the Board of Public Works or other designated official accepts and approves the
notice of completion.

TAXES Independent Contractor shall pay all taxes, levies, duties, and assessments of every
nature due in connection with any work performed under the contract and make any and all
payroll deductions required by law. The contract sum and agreed variations to it shall include all
taxes imposed by law. Independent Contractor hereby indemnifies and holds harmless the City of
Nashua from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

. NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract

shall be considered waived by the City of Nashua. 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 of Nashua in a written waiver.

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.

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

In the event Independent Contractor (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 of Nashua may terminate the contract at will or for cause in accordance with paragraph 8.
Upon termination, Independent Contractor shall refund to the City of Nashua any profits realized
under this contract, and Independent Contractor shall be liable to the City of Nashua for any costs
incurred by the City of Nashua in completing the work described in this contract. At the
discretion of the City of Nashua, these sanctions shall also be applicable to any such conviction
obtained after the expiration or completion of the contract.

Independent Contractor warrants that no gratuities (including, but not limited to, entertaimment or
gifts) were offered or given by Independent Contractor to any officer or employee of the City of
Nashua 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 of Nashua 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 of Nashua under this contract or at law.

GC 10 of 11

27,

28.

29.

30.

31.

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.

GC li of 11

Scope of Services
IFB0265-022019
2019 Asphalt Testing

Project Site: Various Locations
Nashua, New Hampshire 03062

The City of Nashua is hiring contractors to pave certain streets in the city. In order to
provide quality control, the professional services of an independent asphalt testing agency are
required.

The contract is expected to start as early as Wednesday, April 17, 2019. The contract
completion date is Thursday, October 31, 2019.

Engineer:
City of Nashua, NH

Mandeep Gill
9 Riverside St, Nashua, NH 03060
(603) 589-3123

ilm(@NashuaNH. gov

Scope of Services:

In 2019, City of Nashua plans to pave approximately 11.76 miles of arterial roads/major
roads and 11.43 miles of local/residential streets. The project includes the placement of
approximately 84,072 tons of hot mix asphalt and 4,650 tons of high strength hot mix
asphalt.

Testing:

The testing agency shall provide all labor, materials, and equipment required to test
loose samples at the hot-mix supplier production plant for gradation and binder
content, and cores for percent compaction in accordance with the following standards:

® Monitor and report on batching procedures and document materials batched into
the mix.

e Gradation Testing (oose sample from plant) - AASHTO T30, NHDOT B-1.

e Binder/Asphalt Content Testing (loose sample from plant) - AASHTO T164,
NHDOT B-2, NHDOT B-6.

e Bulk Density (6” diameter core will be collected by paving contractor) -
AASHTO T1166, AASHTO T269.

® Theoretical Maximum Density (6” diameter core will be collected by paving
contractor) - AASHTO T209, AASHTO T269.

Scope of Services Page 1 of 3 January 2019

The testing agency will perform inspections at the plant during all paving operations.
In addition to performing testing as described above, the technician assigned to plant
inspections shall observe all materials and observe the hot-mix batching process

The testing agency shall submit sample test result forms for review by the Engineer
two weeks after Notice to Proceed. Content and format of those forms must be
approved by the Engineer prior to receiving actual results.

To the extent practical tests shall be performed while technician is at the plant.
Payment items are provided for tests performed at the plant, as well as tests
performed at the Contractor’s laboratory.

Results for both in-plant and core testing shall include name of street where sample
was taken (if appropriate), date when sample was taken, sublot number, aggregate
max stone size, mix design used, and station and offset (if appropriate). Result
information shall include percent binder content, percent compaction, gradation test,
and an image of the core with a measurement of thickness. Final results shall be
clearly marked. Results shall be compared to approved mix designs and
specifications. A column clearly indicating passing or failing results shall be
provided.

Test results shall be provided to the City within 5 calendar days from asphalt pickup.
Results received after 5 calendar days will not be accepted.

Testing and inspections shall be performed by qualified technicians and shall be in
accordance with the relevant provisions of the latest version of the NHDOT standard
specifications.

The tables listed below are attached and list the street. Streets are subject to change
and contract will be adjusted accordingly.

e® Table 1: 2019 Paving Program — Arterial Roadways Paving List
© Table 2: 2019 Paving Program — Local Roadways Paving List

Payment for testing will be per each (Ea) and shall include all materials, labor, and
equipment necessary to complete that portion of the bid schedule. One payment will
be made for each gradation, binder content, bulk density, and theoretical maximum
density test result received within the specified time frame in the format approved by
the Engineer.

In-Plant Testing Technician Certification/Qualification:

The technician performing the HMA sampling and testing is required to have a
“NETTCP HMA Plant Technician. The technician will obtain samples at the plant at
a frequency of | test per 750 tons. Plant samples will be used to perform gradation &
asphalt content test (AASHTO T1130 & T164). In addition the technician will

Scope of Services Page 2 of 3 January 2019

periodically observe HMA batching process and monitor the portions of materials in
the HMA mixture and compare the results to the approved job mix formula.

The qualifications of the technicians assigned to the contract shall be submitted for
approval and the City reserves the right to disapprove individual technicians.

Asphalt Pickup:

Asphalt pick up shall include all materials, labor, equipment, and transportation
necessary to pick up asphalt samples and transport them back to the lab for testing.
Samples will include loose asphalt and 6” cores. The pickup location will be at 9
Riverside St, Nashua, NH 03062. Samples will be picked up no later than 24 hours
after the request to pick them up and shall be delivered to the lab for testing within 24
hours of pickup.

The individual picking up the samples will be required to sign a document certifying
they were received. Any samples lost or damaged will be retaken by the testing
agency at no cost to the City.

Payment for asphalt pickup will be per each (Ea) and include all materials, labor,
equipment, and transportation necessary to complete that portion of the bid schedule.

Invoicing:

Contractor shall submit an invoice once per month. Invoices must include an
accounting of all bid form items being billed for that month as well as a running total
of all items billed in previous months. Items in the invoice that are not on the bid
form will not be paid. The testing agency shall submit sample invoice form for review
by the Engineer two weeks after the Preconstruction Meeting. For more details,
please refer general conditions.

Scope of Services Page 3 of 3 January 2019

Allds Street
Amherst Street-1
Amherst Street-2
Amherst Street-3
Canal Street-1
Canal Street-2
Canal Strect-3
Hollis Street
East Hollis Street
East Hollis Street-2
East Hollis Street-3
East Hollis Street-4
East Hollis Street-5
Street-1
Street-2
Lake Street-2
Lake Street-3
Lake Street-4
Lake Street-5
Main Dunstable Road 2
Main Dunstable Road 3A
in Dunstable Road 3A (SB
in Dunstable Road 4
Dunstable Road 5
Hill Road-1
it Brook Road-1
it Brook Road-2
it Brook Road-3
it Brook Road-4
West Hollis St - 2B
West Hollis St -

Table: 2019 PAVING LIST (Asphalt testing Locations)

Main St
Somerset
Deerwood Dr
400'S of Cellu
Main St
St
Howard Ct
East Hollis
Bridge Street WB
Marshall St
Allds St
T le St
East Hollis EB
Main Dunstable Rd
Ritter St
Almont St
Linwood St
Pine St
Vine St
FE Everett T
West Hollis St
West Hollis St
Conant Rd
Rd
Indian Rock Rd
EB Tara Blvd
WB Tara Blvd
Newcastle Dr
175'E of Whitegate
Simon St
100'S of Marina St

East Hollis St
Deerwood Dr
400'S of Cellu
City Line
St
Howard Ct
St
Bridge St EB
E. Hollis
Allds St
Temple St
East Hollis EB
Crown St
Ritter St
Hanover St
Linwood St
Pine St
Vine St
Main St
Kinsley St
le Rd 3B(548'S of West H
le Rd 3B(548'S of West
Main Dunstable Rd 3B
Whitford Rd
Blue Hill Ave
Newcastle Dr
Newcastle Dr
175'E of Whit
D.W. Hi

Dead End (House #385

ollis Town Line
LENGTH

5,084
4,129
3,063
980
452
890
1,893
460
702
1,143
802
841
896
5,363
527
597
1,835
915
1,401
1,433
716
548
3,042
6,168
6,460
1,295
1,293
1,042
668
1,143
4,243
11.76

4,388 5.85
4,338 5.78
3,214 4.29
3,113 4.15
311 0.41
829 L.1l
1,837 2.45
212 1.00
427 0.57
1,067 1.42
416 0.56
794 1.06
249 0.33
4,510 6.01
450 0.60
423 0.56
1,384 1.84
664 0.88
728 0.97
502 0.67
307 0.41
275 0.37
3,077 4.10
4,108 5.48
7,045 9.39
989 1.32
1,053 1.40
1,471 1.96
523 0.70
934 1.24
1,988 2.65
51,623.39
No. of Cores needed=

Assume 100 cores are needed

6.00
6.00
5.00
5.00
1.00
2.00
3.00
1.00
1.00
2.00
1,00
2.00
1.00
7.00
1.00
1.00
2.00
1.00
1.00
1.00
1.00
1.00
5.00
6.00
10.00
2.00
2.00
2.00
1.00
2.00
3.00

85

item No Estimated
ee Quantity
A 160

c 1.20
Dw
E 40

City of Nashua, New Hampshire
Division of Public Warks
IFB0265-022019
Schedule of Values - 2019 Asphalt Testing

Units item Description Unit Price in Total Price in figures
figures
EA Gradation Test (1 test at plant/750 tons}
Zero Dollars and
ZeroCents $ 0.00 $ 0.00
EA Binder/Asphalt Content Test (1 test at plant/750 tons)
zero Dollars and
ZeroCents $ 0.00 § 0,00
Bulk Density Test (Cores will be collected by Paving Contractor;
EA During Plant inspection)
Zero Dallars and
Zero Cents $ 0.00 s 0.00
Theoretical Maximum Density Test (Cores will be collected by
EA Paving Contractor; During Plant Inspection] Zero
Dollars and
Zero Cents 5 0.00 5 0.00
Bulk Density Test (Cores will be callected by Paving
EA Contractor; At Contractor's Lab)
Twenty Five Dollars and
Zero Cents $ 25,00 S 1,000.00
Theoretical Maximum Density Test (Cores will be collected by
EA Paving Contractor; At Contractor's Lab)
Ninety Five Dollars and
Zero Cents $ 95.00 S 3,800.00
EA Asphalt Pickup (from DPW Office}
Fifty Dollars and
ZeroCents $ 50.00 § 2,000.00
HMA Plant Technician for plant inspection & testing (indude
Hrs mileage}
Sixty Five Dollars and
ZeroCents § 70.00 s 41,300.00
Lump Sum Project Manager Oversight
Dollars and
ZeroCents $ 500.00 5 500.00
TOTAL BID PRICE FIGURES § 48,600

Forty Eight Thousand Six Hundred dollars and

zero cents

F 40
G 4
H 590
I 1
TOTAL OF BID ITEMS
{words}
Contractar:

5. W. Cole Engineering, inc,

Authorized Signature: Li Ltf

February 20, 2019

Date:

Address:

Email:

13 Delta Drive #8, Londonderry, New Hampshire 03053

amichaud@sweole.com

Page 1 of 4

®) THE CITY OF NASHUA Tie Gate On

Financtal Services

Purchasing Department

March 14, 2019
Memo #19-135

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: WET WEATHER FACILITY SCREENING UPGRADE — DESIGN AND BIDDING PHASE
(VALUE: NOT-TO-EXCEED $178,000)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated February 28, 2019 for the information related to this contract.

§ 5-83. Professional services. In the purchase of accounting, architectural, auditing, engineering, legal,
medical and ambulance services and purchases of independent professional consultant services for
personnel, data processing, actuarial, planning, management and other comparable purchases
competitive bidding shall not be required. Competitive bidding is required in the procurement of insurance
agents and consultants.

This funding is contingent upon the approval of bonds for these funds.
The Superintendent Wastewater Department, the Board of Public Works (February 28, 2019 meeting)

and the Purchasing Department recommend the award of this contract in an amount not to exceed
$178,000 from Wright Pierce of Portsmouth, NH.

Re cy,

Dan Kooken
Purchasing Manager

Cc: D Boucher L Fautuex

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