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29.

30.

D. If in the opinion of the CONTRACTOR, construction of an ADA compliant ramp is
not possible at any location the CONTRACTOR shall notify the ENGINEER in
writing in advance of any construction activities at that location. Unless notification
of any such concerns is made to the ENGINEER, CONTRACTOR shall be singularly
responsible for the ADA compliance of the finished work.

E. During construction the CONTRACTOR must maintain pedestrian detours and
provide an ADA compliant fillet at each ramp location until final paving is complete.

PUBLIC CLAIMS

All claims received by the City or the CONTRACTOR from the public shall be
documented using the Claim Tracking Form (see Division 8) in the contract. The
CONTRACTOR shall respond to the claimant within 7 calendar days of receiving the
claim and within 7 calendar days after each follow up correspondence. A logbook of claim
forms shall be kept by the CONTRACTOR and made available to the ENGINEER at any
time. The CONTRACTOR shall notify the ENGINEER when a claim has come to a
resolution.

Failure to promptly respond to claims may result in progress payments being withheld.

CONTRACTED ENGINEER

The City's contracted engineer for this project is Hayner/Swanson, Inc. The contracted
engineer shall act on the City's behalf in fulfilling duties of the ENGINEER as delegated
by the DPW Engineering Department, and shall have full authority to act as the
ENGINEER while serving in that capacity. The City reserves the right to terminate
contracted engineering support or change its contracted engineer at its sole discretion
without advanced notice or approval of the CONTRACTOR.

SC - 9 of 9

Board of Aldermen — 10/09/17 Page 4

City of Nashua, upon a vote referred to them by the Board of Aldermen of the City of Nashua.” Words to
that effect are mandated if you are going to have a binding resolution pursuant to those sections.

| particularly asked at that meeting if Alderman Clemons was thinking of a non-binding resolution. His
comment to me was yes, that was what he was envisioning. Those provisions, 98 through 108,
themselves, envision a measure that takes effect if there’s an affirmative vote of the qualified voters. The
very nature of a non-binding referendum is that it is advisory to the Board and the underlying action does
not take effect but merely provides information to the Board.

A combination of all of those things leads me to believe that we are not talking about something that’s
pursuant to 98 through 108, the Charter provisions. There’s also an ordinance provisions, Section 23-15,
which talks about information for voters in the form of pro and con statements. That being the case, |
interpret this to be just a method by which the Board of Aldermen is ordering the prudential affairs of the
city, which it has the right to do, pursuant to RSA 47:17. By prudential affairs, we’re talking about the
finances chiefly of the city. Other matters as well, but certainly finances are included. The underlying
measure here is to have a referendum to advise the Board of Aldermen on a matter that is pertaining to
the prudential affairs of the city. That’s where | see the authority for it.

Alderman Moriarty

A very good answer. Thank you, Attorney Bolton.

Attorney Bolton

You're welcome.

Alderman Moriarty

RSA 47:17 appears to be the statute which allows us to put a non-binding question on the ballot, and as
such doesn’t fall under NRO 23-15 and we are not required to provide pro and con information.

Attorney Bolton

That has been our analysis in the legal department.

Alderman Moriarty
I’m glad we had the discussion and think in advance of tonight’s Board of Aldermen meeting. With that, 1’ll

just leave it and say again | just want city staff to be mindful of RSA 659:44 which says don’t do anything
that might be construed as electioneering because it is a misdemeanor. Thank you.

President McCarthy

Attorney Bolton, is it your opinion that the question that’s being asked falls under the auspices of that
RSA?

Attorney Bolton

If we’re not going to provide it, | don’t have to worry about committing a misdemeanor. |’m fine with the
way we are leaving it.

President McCarthy

Do you believe it would be a misdemeanor if pros and cons were provided on a non-binding question?

DIVISION 7

LIST AND MAP OF ROADWAYS

City of Nashua, New Hampshire
Division of Public Works

IFB0O660-0211 21

2021 Paving Program - Residential Roadways

Roadway
Street Name From To Treatment
CHARLOTTE AVE - 1 CHARLOTTE ST MEADE ST 1.5" M&O
CHARLOTTE AVE - 2 MEADE ST MANCHESTER ST 1.5" M&O
CLEVELAND ST-1 LUND ST ALMONT ST 1.5" M&O
CLEVELAND ST-2 ALMONT ST FAIRVIEW AVE 1.5" M&O
BADGER ST WEST HOLLIS ST KINSLEY ST 2" M&O
BISHOP LN GREENWOOD DR NORTHEASTERN BLVD 2" M&O
BITIRNAS ST NORTH INTERVALE ST TAMPA ST 2" M&O
BLAINE ST ALMONT ST LINWOOD ST 2" M&O
BOXWOOD CT CIDER LN CUL-DE-SAC 2" M&O
BRIARWOOD DR WHEATON DR SHERWOOD DR 2" M&O
BULOVA DR S. MAIN ST ELGIN ST 2" M&O
BUTTERNUT DR CIDER LN CUL-DE-SAC 2" M&O
CALDWELL RD LAKE ST LUND RD 2" M&O
CELESTE ST CARON AVE DEAD END 2" M&O
CHAUTAUQUA AVE BROAD ST DEAD END 2" M&O
CHESTNUT ST KINSLEY ST LAKE ST 2" M&O
CIDER LN HAMPTON DR (N) HAMPTON DR (8) 2" M&O
CINDY DR McKENNA DR CUL-DE-SAC 2" M&O
CLAIRMOOR DR S. MAIN ST APPLESIDE DR 2" M&O
COLUMBINE DR BRIARWOOD DR JUNIPER LN 2" M&O
DAYTONA ST INTERVALE ST TAMPA ST 2" M&O
DICKERMAN ST MAIN ST FIFIELD ST 2" M&O
DONCASTER DR HUNTINGDON LN HARRIS RD 2" M&O
DUDLEY ST JUNE ST DEAD END 2" M&O
ELGIN ST WALTHAM DR LINTON ST 2" M&O
ESSEX ST AMHERST ST PINE HILL AVE 2" M&O
FRANCONIA DR BRIARWOOD DR DUBLIN AVE 2" M&O
FROST DR HAMPTON DR COBURN AVE 2" M&O
GAFFNEY ST WEST HOLLIS ST NEW DUNSTABLE RD 2" M&O
GLENDALE DR ROYAL OAK DR DEAD END 2" M&O
HAMPTON DR COBURN AVE CUL-DE-SAC 2" M&O
HASTINGS LN WATSON ST COX ST 2" M&O
HEMLOCK CT CIDER LN CUL-DE-SAC 2" M&O
HERRICK ST EAST DUNSTABLE RD ROBINSON RD 2" M&O
HINSDALE AVE CYPRESS LN LACONIA AVE 2" M&O
HOOKER ST BEAUVIEW AVE CHARLOTTE AVE 2" M&O
HOPI DR KANATA DR INCA DR 2" M&O
HUNTINGDON LN NIGHTINGALE RD FRIAR TUCK LN 2" M&O
JINCA DR KANATA DR CHEYENNE DR 2" M&O
JAKE DR CHAPEL HILL DR CUL-DE-SAC 2" M&O
JEFFERSON ST CROSS ST CHANDLER ST 2" M&O
KANATA DR SANBORN DR CHEYENNE DR 2" M&O
KITTERY DR CAMBRIDGE RD YARMOUTH DR 2" M&O
LACONIA AVE CYPRESS LN CUL-DE-SAC 2" M&O
LEE ST FOREST ST MANCHESTER ST 2" M&O
LUND ST LAKE ST NOWELL ST 2" M&O
|MAPLE LEAF DR PINEHURST AVE BRYANT RD 2" M&O
[MEADE ST COX ST CHARLOTTE AVE 2" M&O
[MIAMI ST INTERVALE ST TAMPA ST 2" M&O
[MONTGOMERY AVE-1 MAIN ST DRIVEWAY #13 2" M&O
[MOUNT VERNON ST AMHERST ST TROY ST 2" M&O
NATHAN CT BRINTON DR CUL-DE-SAC 2" M&O
NORFOLK ST AMHERST ST TROY ST 2" M&O
PASADENA AVE AMHERST ST PINE HILL AVE 2" M&O
PATTEN CT LEDGE ST DEAD END 2" M&O
PEACH DR WALTHAM DR DEAD END 2" M&O
RESURRECTION CIR PARRISH HILL DR CUL-DE-SAC 2" M&O
SHERMAN ST EDITH AVE CHARLOTTE AVE 2" M&O
SHERRI ANN AVE WATSON ST CUL-DE-SAC 2" M&O
SHERWOOD DR FRANCONA DR DEAD END 2" M&O
SPRUCEWOOD AVE PINEHURST AVE MAPLELEAF DR 2" M&O
SUDBURY DR PALISADE DR (W) PALISADE DR (E) 2" M&O
SUNAPEE ST AMHERST ST (WB) CUL-DE-SAC 2" M&O
SWART TERR SWART ST SWART ST 2" M&O
SYCAMORE LN FRANCONA DR WHEATON DR 2" M&O
TAMPA ST BITIRNAS ST INTERVALE ST 2" M&O
W. PEARL MAIN ST WALNUT ST 2" M&O

City of Nashua, New Hampshire
Division of Public Works
IFB0660-021121
2021 Paving Program - Residential Roadways

ACADEMY DR CONCORD ST CUL-DE-SAC RECLAIM
BARKER AVE KING ST BURKE ST RECLAIM
BENSON AVE BURKE ST SPALDING ST RECLAIM
BLACKFOOT DR MASSASOIT RD DEAD END RECLAIM
BROADCREST LN BROAD ST CUL-DE-SAC RECLAIM
BURNS ST INTERVALE ST TAMPA ST RECLAIM
CHARLTON CIR LYNN ST CUL-DE-SAC RECLAIM
CLERGY CIR LUTHERAN DR CUL-DE-SAC RECLAIM
DURHAM ST LUTHERAN DR DOVER ST RECLAIM
EAST GLENWOOD ST MAIN ST ASPHALT CHANGE RECLAIM
FACTORY ST CHESTNUT STREET MAIN STREET RECLAIM
FRENCH ST MERRIMACK ST MANCHESTER ST RECLAIM
FULTON ST LAKE ST DEAD END RECLAIM
JACKSON AVE CANAL ST DEAD END RECLAIM
[MAJOR DR BURKE ST BURKE ST RECLAIM
[MARQUIS AVE LOVELL ST DEAD END RECLAIM
|MAYWooD DR HILLSFERRY RD GLENDALE RD RECLAIM
[MILAN ST NEWFIELDS ST CUL-DE-SAC RECLAIM
|MILLBROOK DR WHITE PLAINS DR VALHALLA DR RECLAIM
[MONTGOMERY AVE-2 DRIVEWAY #13 FIFIELD ST RECLAIM
|MORNINGSIDE DR DICKERMAN ST TAFT ST RECLAIM
|MOUNT PLEASANT ST ABBOTT ST MANCHESTER ST RECLAIM
NIQUETTE DR EAST DUNSTABLE RD (N) EAST DUNSTABLE RD (S) RECLAIM
RITA ST ALLDS ST THOMAS ST RECLAIM
SAXON LN GREENWOOD DR NORTHEASTERN BLVD RECLAIM
TODD RD CATALINA LN GATE RECLAIM
TOPSFIELD DR CAMBRIDGE RD YARMOUTH DR RECLAIM
UNDERHILL ST ARLINGTON ST CUL-DE-SAC RECLAIM
UPSTONE DR BROAD ST CARMINE RD RECLAIM

@ONashua

January 12, 2021

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The City of Nashua

Source: Nashua DPW, esri

Ward 7
Ward 8
Ward 9

Ward 4

Ward 5
Ward 6

Ward 1
Ward 2
Ward 3

Residential Roadways

to be Paved
Existing Roadway

LIST OF EXHIBITS

NOTICE OF AWARD

NOTICE TO PROCEED

CHANGE ORDER

CLAIM TRACKING FORM

CERTIFICATE OF SUBSTANTIAL COMPLETION
CERTIFICATE OF FINAL COMPLETION

CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN

QB OnS

DIVISION 8

EXHIBITS

NOTICE OF AWARD

DATED:

CONTRACTOR: Sunshine Paving Corporation ADDRESS: 29 Constitution Drive
Hudson, NH 03051

OWNER: City of Nashua, New Hampshire ADDRESS: 229 Main Street
Nashua, NH 03060

PROJECT: 2021 Paving Program OWNER’S IFBO660-021121
Residential Roadways CONTRACT NO.
TO CONTRACTOR:
You are notified that your Bid dated for the above Contract has been considered. You

are the apparent Successful Bidder and have been awarded a contract for

(Indicate total Work, alternatives or sections or Work awarded)
The Contract Price of your contract is
DOLLARS
($ )

The proposed Agreement that the OWNER expects to execute, accompanies this Notice of Award.

1. You must deliver to the OWNER a fully executed counterpart of the proposed Agreement that
the OWNER expects to execute.

2. You must deliver to the OWNER the Contract Security (Bonds), as specified in the Contract
Agreement (Article 5).

(List other conditions precedents).

IFBO660-021121
2021 Paving Program NOTICE OF AWARD
Residential Roadways Page 1 of 2

Failure to comply with these conditions within the time specified will entitle OWNER to consider your
bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.

By

(FOR THE CITY OF NASHUA)

(TITLE)

ACKNOWLEDGEMENT OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged

By

The day of , 20

By

Title

IFBO660-021121
2021 Paving Program NOTICE OF AWARD

Residential Roadways Page 2 of 2

NOTICE TO PROCEED

DATED:
. . . ADDRESS: 29 Continental Drive

CONTRACTOR: Sunshine Paving Corporation Hudson, NH 03051
OWNER: City of Nashua, ADDRESS: 229 Main Street

New Hampshire Nashua, NH 03060
PROJECT: 2021 Paving Program OWNER’S CONTRACT NO. IFBO660-021121

Residential Roadways

TO CONTRACTOR:

You are notified that the Contract Times under the above contract will commence to run on
,2021. By that date, you are to start performing your obligations under the
Contract Documents. In accordance with Article 3 of the Agreement, the date of Substantial Completion
is , 2021 and the date of Final Completion is , 2021.

Before starting any Work at the Site, Contractor must comply with the following:

Owner: City of Nashua

(Owner Representative Signature)
By:
Title:

IFBO660-021121

2021 Paving Program NOTICE TO PROCEED
Residential Roadways Page 1 of 2