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Board of Aldermen — 10/09/17 Page 3

MOTION BY ALDERMAN MORIARTY TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

Alderman Moriarty

| was hoping to speak on that. When would be the appropriate time to do that?

President McCarthy

The communication has been accepted by the Board. If you wish to speak, probably under Remarks by
Members of the Board at the end would be appropriate. Did you raise your hand when | asked for
discussion?

Alderman Moriarty

| did, yes. | apologize if it wasn’t high.

President McCarthy

I’ll allow some discussion, but not an entire reading of it because we did vote to read communications by
title only.

Alderman Moriarty

I'll be quick. The more | thought about this, I’m inclined to do nothing and let the voters of Nashua make
up their minds on their own without the interference with the Board of Aldermen. | did find that what we
have is two laws that seem to be inconsistent with each other. We have a state law and we have a city
law. The state law says that city staff are not supposed to do anything ever to effect a ballot question.
Then we have a city law that says that the city staff is supposed to provide pro and con information about
a ballot question. The state law, RSA 659:44-a says that no public employee while in performance of their
duties shall electioneer and such a thing is a misdemeanor. | personally don’t want to encourage any city
staff, Director Cummings or the City Clerk, to do anything that might be in violation of the electioneering
statute, to put them at risk at a misdemeanor.

Meanwhile, we do have a city law that says whenever a measure is submitted to vote by the qualified
voters of the City of Nashua that the city charter and corporation counsel shall prepare pro and con
arguments for this, assuming that that submission is pursuant to Sections 98 through 108 of the city
charter. | went back and read the motion when that was made to put the Performing Arts Center on the
ballot as question, and there is no mention of what section of the Charter was used. | have a question to
Alderman Clemons since he made the motion. I’m not picking on you, but you made the motion. So | will
ask you the question: When you made the motion to create the ballot question, what Charter section were
you using to give the Board of Aldermen the authority to put that question on the ballot?

President McCarthy

I’m going to pose that question to Corporation Counsel, who would be in a better position to know what
our rights are to put questions on the ballot.

Attorney Bolton

| don’t pretend to know what Alderman Clemons was thinking in his own mind as to whether any particular
authorizing legislation was impacted. | would say that if a measure was going to be referred to the voters
pursuant to the Charter provisions, really 102, but 98 all the way through 108, the proper way to do that
would have been to amend the introductory language as the charter provides to say: “Be it resolved by the

DIVISION 6

SUPPLEMENTARY CONDITIONS
PROSECUTION OF WORK

SUPPLEMENTARY CONDITIONS/PROSECUTION OF WORK

These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.

1.

DESCRIPTION OF WORK

The contract work includes the limits on the various streets listed in the attached
summary. The specified pavement treatment is listed.

The City reserves the right to remove streets from the list, extend or shorten limits on
individual streets, or revise the specified pavement treatment on individual streets.

The City may also add additional streets to the contract work.

Should the net projection of the value of changes to the contract work exceed the
authorized amount, the OWNER will present a contract amendment proposal to
the CONTRACTOR.

CONTRACTOR RESPONSIBILITY FOR GRADING
The CONTRACTOR shall be responsible to assure that the finished pavement surface

will be smooth and will have positive drainage. CONTRACTOR shall be responsible to
assure that puddling will not occur in either the roadway, or on adjacent private property
as a result of CONTRACTOR operations. CONTRACTOR shall perform any
measurements needed in advance of excavation, cold planning, reclamation and paving
activities to assure adequate control needed for grading operations.

The ENGINEER may provide a proposed grading design to the CONTRACTOR for use
in areas to be reclaimed. If a proposed design or other guidance is not provided by the
ENGINEER, the CONTRACTOR shall perform grading of the reclaimed base material
to assure that the preconstruction gutter line is recreated. The ENGINEER may request
the use of grade stakes for grade control. Unless otherwise directed, roadway cross slope
on reclaimed streets shall generally be two percent with a centerline crown. In all cases,
roadway cross slopes on reclaimed streets shall not exceed four percent. Pavement cross
slope transitions shall be consistent with good practice generally accepted by New
Hampshire Department of Transportation.

If in the opinion of the CONTRACTOR, it is not possible to meet these grading
requirements at a particular location due to existing constraints, any such location shall
be identified to the ENGINEER in advance of milling, reclamation and/or paving
activities to allow the ENGINEER reasonable time to investigate and provide guidance
to the CONTRACTOR.

PAVEMENT MIX

NHDOT certified mix designs are required for all pavements.

All pavement mixes shall have a maximum Total Reused Binder (TRB) content of 0.5%
and meet all the volumetric mix design criteria.

Wearing courses shall be 50 gyration with PG 64-28 and maximum aggregate size of

SC - 1 of 9

4.

inch. Base and binder courses shall be 50 gyration with PG 64-28 and maximum
aggregate size of % inch.

The following course thicknesses shall be used:

1.5” Mill & Overlay
1.5” wearing course.

2” Mill & Overlay
2” wearing course.

Reclamation
1.5” wearing course over 2” binder course.

THER RKI TRACT AREA
Other City and utility work may be in progress within the project area during work in this
contract.

The CONTRACTOR shall strive to provide coordination with other work within the
project area to minimize disruption.

The CONTRACTOR shall notify the ENGINEER with as much advance notice as
reasonably possible of any concerns with other work in the project area.

In order to allow anticipated completion of work presently underway, work on this
contract shall not start on the following streets until after the date indicated:

Benson Avenue .........0.0..00.00 6006 ce cece ce eee eeee July 16, 2021
Caldwell Road ..........0.0.0..0 050 c cece cece ces July 16, 2021
Factory Street ..0.0.00.00.0.000 ccc cence ce eees July 16, 2021
French Street .....00.00.00 00.0 cc cece cece cece July 16, 2021
Marquis Avenue ............ 0.006066 c cece eects July 16, 2021
Montgomery Avenue-1 .....00...0..0..0..00 5000 c eee July 16, 2021
Montgomery Aveneue-2 ...........00.00.0600 ccc July 16, 2021
Mount Pleasant Street ..........0......00.0 0.0 c eee. July 16, 2021
Swart Terrance 2.0.0.0... 0c cece eens July 16, 2021
Underhill Street ....0.000 0000. ccccee July 16, 2021

WORK WITHIN SCHOOL ZONES
No construction activities shall take place on roadways that directly impact the arrival and
dismissal from school when the school is in session. The roadways are as follows:

Charlotte Avenue, Cleveland Street, French Street, Mount Pleasant Street, Upstone
Drive

COORDINATION WITH UTILITIES

Dropping and adjustment of telephone, gas and water castings will be the responsibility
of Consolidated Communications, Liberty Utilities, and Pennichuck Water Works.

CONTRACTOR shall coordinate this effort with the respective utilities.

SC - 2 of 9

10.

TIE-IN AT SIDE ROAD
Side road tie-in areas shall be milled to the same depth as specified for the roadway.

INTERIM MILESTONES FOR SUBSTANTIAL MPLETI
The following Substantial Completion Milestones shall be met:

50 percent of the total length of all roadways segments in the contract shall be substantial
complete by July 16, 2021.

85 percent of the total length of all roadways segments in the contract shall be substantial
complete by September 3, 2021.

The entire length of all roadways segments shall be substantially completed by October
15, 2021.

COMPLETION OF WORK ON INDIVIDUAL STREETS
Streets specified as 1.5” or 2” mill and overlay shall have all ADA ramp work completed
and be final paved within three weeks of milling.

Streets specified as reclaim shall be binder paved within two weeks of reclamation. All
ADA ramp work shall be completed within three weeks after placement of binder
pavement.

Reclaim streets shall be final paved within two weeks after structures have been raised to
their final elevation, and ADA ramp work has been completed.

Failure to pave individual streets within the specified time frames without reasonable
cause shall be considered nonperformance.

The ENGINEER may remove streets from the scope of the Contract should repeated
instances of nonperformance occur.

The determination of whether or not delay in paving individual streets occurred with
reasonable cause will be at the ENGINEER’s discretion.

WORK HOURS

Reference is made to Section 6.02 Labor; Working Hours of the General Conditions.

Normal working hours shall be from 7:00 AM to 5:00 PM Monday through Friday. No
weekend, holiday or night work will be allowed without advance written approval of the
City ENGINEER.

Requests for work beyond those hours normally allowed on weekdays shall be made by
the CONTRACTOR at least 72 hours in advance.

Requests for work on Saturdays, Sundays and holidays shall be made at least one week in
advance.

CONTRACTOR should not assume requests for hours beyond the hours and days
normally allowed will be approved. Requests will be considered on a case by case basis.

SC - 3 of 9

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ADJUSTMENT OF MANHOLES
Manholes shall be adjusted so that finished paving shall be flush with the manhole.

In the instance when manholes are set lower than adjacent pavement by an amount equal
to or greater than 2 inch measured with use of a straight edge, the ENGINEER will at
their sole discretion either require the structure to be readjusted at the CONTRACTOR’s
expense or not make any payment to the CONTRACTOR for the adjustment of the
structure.

In the instance when manholes are set lower than adjacent pavement by an amount less
than % inch measured with use of a straight edge, the ENGINEER may at their sole
discretion either require the structure to be readjusted at the CONTRACTOR’s expense or
not make any payment to the CONTRACTOR for the adjustment of the structure. This
determination will be made with consideration of the location of the manhole with respect
to vehicular, bicycle and pedestrian traffic.

TRACTOR’S REPRESENTATIVE
The CONTRACTOR shall designate a representative who will be available to respond to
emergency calls by the OWNER at any time day and night and on weekends and holidays
should such a situation arise.

Should the City determine action by the City is needed or other costs are incurred because
the CONTRACTOR’s Representative is not available, the City will back-charge the
CONTRACTOR for associated expenses.

HEDULING AND RDINATI
Reference is made to General Conditions Section 2.05, Before Starting Construction and
General Conditions Section 6.04, Progress Schedule.

Prior to the start of construction, the CONTRACTOR shall submit a comprehensive
schedule to the ENGINEER for review and acceptance.

The schedule will identify the number of crews and completion dates for all critical
elements of work.

Detailed updates of the schedule shall be submitted to the ENGINEER for review and
acceptance on at least a monthly interval. Updates shall show work through project
completion.

The OWNER may withhold progress payments if acceptable monthly schedule updates
are not submitted.

The CONTRACTOR shall not increase the number of crews assigned to the work as

identified in the schedule without providing at least one week advanced notice to the
ENGINEER.

SUPERINTENDENCE OF THE WORK

Reference is made to General Conditions Section 6.01, Supervision and Superintendence.

CONTRACTOR shall provide appropriate onsite superintendence of all aspects of the
work whether performed by the CONTRACTOR or by sub-contractors.

SC - 4 of 9

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Qualified Superintendent(s) shall be assigned for all crews. Contact information will be
provided for all Superintendents.

USE OF GROUNDS

Any area outside the limits of the project area (right-of-way within project limits) which
the CONTRACTOR may require for storage of equipment and materials, or for other
purposes necessary in the performance of the Work, shall be secured by the
CONTRACTOR at their own expense. Materials, including excavation intended for
backfill, shall not be stored or stacked within any roadway clear zones, or in a manner
that obstructs adequate sight lines unless specifically permitted in writing by the
ENGINEER. The CONTRACTOR is responsible for providing security as required and
erosion controls at no cost to the City.

TRAFFI TROL PLA
Reference is also made to Section 17.07 Road Closures and Traffic Delays of the
General Conditions.

The following are considered part of the Traffic Control Plan:

1. Section 618 and 619 of the Standard Specifications.

2. Work Zone Traffic Control Standard Sheets*

3. Manual on Uniform Traffic Control Devices, (MUTCD), 2009 Edition,
including all current updates and official interpretations.

4. Positive Protection Guidance for Work Zones (PPGWZ)*

5. Flagger and Uniformed Officer Use in Work Zones Policy and Guidelines*

* Available online under Doing Business with DOT>CONTRACTORs at www.nh.gov/dot
or through the NHDOT Contracts office (603-271-3732).

The CONTRACTOR shall provide necessary traffic control devices to ensure the safety of
the workers, traveling public, and property owners on this project. The above referenced
specifications, guidelines, and provisions herein provide minimum requirements; the
CONTRACTOR may be directed to expand upon the Traffic Control Plan if conditions
warrant.

All signs, channelizing devices and arrow boards as required by the Manual on Uniform
Traffic Control Devices, including part six, as amended, and the above Standard Sheets
shall be in place prior to moving any equipment onto the pavement.

The CONTRACTOR shall provide trained personnel, including Uniformed Officers and
Flaggers in accordance with Section 618, to be responsible for the maintenance of traffic.

The CONTRACTOR shall be responsible to assure that all materials furnished and used
for maintenance of traffic are certified for reflectivity. The CONTRACTOR shall
replace damaged devices without additional compensation. Although the ENGINEER
may direct the CONTRACTOR to replace damaged devices, the CONTRACTOR has
full responsibility to inspect all materials and devices for maintenance of traffic and
correct any deficiencies on a daily basis.

SC - 5 of 9

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19.

Regardless of action that may be taken or not taken by the ENGINEER, the
CONTRACTOR shall be solely responsible for the appropriateness, reflectivity and
condition of all materials provided as well as placement and maintenance of traffic
control elements.

The CONTRACTOR shall submit a Traffic Control Plan prior to work on arterial
roadways. This Traffic Control Plan will describe how the CONTRACTOR proposes to:

A. Stage the work to maintain and control traffic during the lowering of structures
within paved areas; milling operations; and paving operations.

B. Maintain access to all residences and businesses through the duration of
construction.

C. Lane usage during various phases of work will be described. A minimum of 11-
foot width shall be provided for all lanes open to traffic.

D. A minimum of one lane in each direction shall be provided at all times. Should
the CONTRACTOR consider it necessary to reduce this requirement to
alternating one- way use, the constraints justifying such a restriction must be
explained fully. If approved at any location in this contract, the use of
alternating one-way traffic will be for a short duration only.

E. The CONTRACTOR shall describe in the Traffic Control Plan minimum
conditions which will be provided at the end of working hours. At a minimum,
if a vertical break of more than one inch exists along the direction of travel and
vehicles are operating on the higher surface, a pavement fillet will be provided
along the break. The pavement fillet shall be constructed with a slope of 12
inches horizontal for each one inch vertical.

F. Full lane use shall be maintained for weekend and holiday periods.

REMOVAL OF DEBRIS AND SURPLUS MATERIAL
Neither debris nor surplus material including structures (frames, covers, and grates) shall
be deposited on private property or impede pedestrian ways.

Debris and surplus material shall be removed from the project area as promptly as
practical.

If the CONTRACTOR should fail to promptly remove debris or surplus material from
the project area, or if CONTRACTOR deposits same on private property, progress
payment(s) may be withheld.

DISPOSAL OF SURPLUS EXCAVATED MATERIAL

All milled (cold planed) pavement shall be delivered to the Four Hills Landfill in
Nashua, NH. Unless otherwise specified herein, all other excess material not required for
use on the project shall be disposed of legally and safely by the CONTRACTOR at his
discretion outside of and away from the limits of the project, without additional
compensation.

MAINTENANCE DURING WEATHER EVENTS

The CONTRACTOR’ s obligation to protect the public traveling through the project site
shall include maintaining the work and maintaining safe passage during rain and other
weather events.

SC - 6 of 9

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23.

The CONTRACTOR shall plan in advance of forecasted inclement weather events and
shall assign crews to perform maintenance of unpaved areas open to traffic during and
after inclement weather events. CONTRACTOR is responsible to coordinate with the
ENGINEER and other City officials as appropriate.

CONTRACTOR shall be prepared to respond in a timely manner if the City determines
that circumstances warrant action when the CONTRACTOR is not onsite.

DRAINAGE
The CONTRACTOR shall provide necessary measures to provide drainage and minimize
ponding on paved and unpaved surfaces.

The CONTRACTOR shall be responsible to provide means for stormwater runoff to
enter the drainage system at locations where structures are lowered in advance of milling
or reclamation.

During the preconstruction meeting, the CONTRACTOR shall describe provisions to be
made for drainage. Provisions made and methods used shall have been proven by
successful use on past projects of a similar nature.

PROTECTI EFMANHOLE ATCH BASINS AND PIPELINE

Appropriate measures will be taken to protect manholes, catch basins and other structures
as well as pipelines from debris and other materials entering the system through open or
removed covers or grates.

Should material enter the system during the CONTRACTOR’s activities, this material
shall be removed in a timely manner at the CONTRACTOR’s expense.

The CONTRACTOR may be required to clean structures and pipelines downstream of
the location(s) where material entered the system.

The CONTRACTOR may be required to provide closed circuit television (CCTV)
inspection services to verify that material has been removed at the CONTRACTOR’s
expense.

PROTECTI FLANDSCAPI
CONTRACTOR shall take appropriate measures to protect trees, shrubs and other

landscaping. Branches, limbs and roots shall not be cut except with permission of the
ENGINEER.

Where cutting is necessary, work shall be performed by qualified workers.

RESTORATI FEXISTI PROPERTY

The CONTRACTOR shall be responsible for the preservation of all public and private
property and structures, and shall use every precaution necessary to prevent damage
thereto. If damage is done to public or private property, such property shall be promptly
restored by the CONTRACTOR, at his/her expense, to a condition similar or equal to
that existing before the damage was done, to the satisfaction of the ENGINEER.

SC - 7 of 9

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Failure to promptly restore existing property and structures including, but not limited to
driveways and lawns, may result in the ENGINEER’s determination that associated work
is not complete and therefore not eligible for progress payment. Such associated work
may include, but not be limited to paving, pipe installation, catch basins, manholes and
curbing.

Unless specifically agreed to in advance, driveway tie-ins will be paved concurrent with
top course paving operations.

In no circumstances shall driveway tie-ins not be completed within two weeks of the
adjacent top course paving.

PERATI ITH REFUSE PICKUP
The CONTRACTOR shall determine the schedule for trash pickup by contacting the City
of Nashua’s Solid Waste Department. The CONTRACTOR shall cooperate and make
arrangements to insure that trash pickup is not delayed or obstructed in any way. This
may involve the CONTRACTOR bringing trash barrels to the front or backside of the
work area for pickup by the Solid Waste Department and then returning the barrels back
to each house.

PERATI ITH ALITY A RANCE
A minimum of one core per street shall be taken. Cores shall be cut and delivered to
the City within 24 hours of pavement placement. Core locations will be selected
randomly by the ENGINEER. Failure to cut and deliver cores may result in delay of
progress payments for pavement.

PROPERTY I RANCE
Property insurance is referenced in the General Conditions (Article 5.05).

Property insurance is not required for this contract.

ACCESS TO PRODUCTION FACILITIES

The City of Nashua may choose to have inspection and testing performed at the asphalt
plant. All relevant provisions of the Standard Specifications, including but not limited
to Section 3.1.6 Access to Production Facilities — General, shall apply.

ADA MPLIANCE

A. Sidewalk curb ramps shall be constructed in compliance with ADA requirements as
well as NHDOT Standard Details. The NHDOT Standard Details are available at:
https://www.nh.gov/dot/org/projectdevelopment/highwaydesign/detailsheet…
ts/crb_ramp_1 9.pdf

B. The CONTRACTOR shall take measurements as needed before work commences at
each ramp location to assure that the CONTRACTOR has all control needed to
construct sidewalk improvements in compliance with ADA requirements.

C. The ENGINEER 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.

SC - 8 of 9