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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.

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 17 — 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’ 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 18 —- 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 19 — MISCELLANEOUS PROVISIONS

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

Page 10 of 11

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.

wo

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) Corolla Contracting Inc. (signature)

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

Date Date

Page 11 of 11

Exhibit B

Work Summary

City of Nashua - ROOF REPLACEMENT - 14 Court Street, Nashua, NH

EPDM: Approximately 15,200 sq. ft. all roof and wall coverage combined, including tower.

Remove all roofing material on existing roofs down to the buildup asphalt roof deck. Remove existing
EPDM, cover boards, insulation (3” assumed), vapor barriers, etc. and dispose of.

Supply and install new Poly Iso insulation R-30 Minimum. New 2” Dens Deck coverboard, all
mechanically attached. Install tapered insulation and crickets at locations required to insure positive
water drainage to the roof drains and roof scuppers. Install new 0.60 EPDM over cover board,
adhered. Cover roof walls with EPDM where presently covered.

Supply and install new 24 gage steel parapet copings and all necessary metal flashings, pipe boots
etc. at specified locations on the roof structure. Shop fabricated flashings and copings shall be
approved if warranty can be included with membrane (EPDM) warranty from manufacture. Include
a Kynar color finish for copings. Color chosen by owner.

SHINGLES: Approximately 6,000 sq. ft. all roofs combined, including tower.

Remove existing shingles and underlayment’s down to the wood roof deck. Assume (1) layer of
shingles, additional layers shall be a change order. (Include an allowance of $18,000.00 for one
additional layer for removal and disposal, Includes tower)

Supply and install ice & water shield on the entire roof structure. Remove siding and Include 18”
of ice & water shield, where the roof meets a vertical wall.

Supply and install 270 lb. heavy laminate shingles such as CertainTeed Landmark Pro. Or Equal.
Include ridge cap shingles where required, same color as roof shingle.

Supply and install 0.32 aluminum drip edge and flashings. Color chosen by owner. Supply metal
roof flashings where necessary.

Includes Scaffolding where necessary to complete this project.

Option: Remove and replace rotted or damaged wood deck planks. $11.00 per foot, (8 foot minimum) Shall
be a change order, or contract allowance.

Pedestrian side walk protection shall be required. Roofers shall follow OSHA requirements to meet safety
standards, including safety harmess tie off lines, etc.

GC 12 of 11

PART 1

1.01

1.02

1.03

EPDM Adhered
Roofing Spec

GENERAL

DESCRIPTION

A.

The project consists of installing Carlisle’s Sure-Seal EPDM Adhered Roofing System as outlined below:

(choose the appropriate paragraph and delete remainder)

Apply the Adhered EPDM Roofing System in conjunction with R-20 Iso Insulation over existing metal roof
deck.

EXTENT OF WORK

A.

Provide all labor, material, tools, equipment, and supervision necessary to complete the installation of a Sure-
Seal 60-mil EPDM membrane Fully Adhered Roofing System including flashings and insulation as specified
herein and as indicated on the drawings in accordance with the manufacturer’s most current specifications
and details.

The roofing contractor shall be fully knowledgeable of all requirements of the contract documents and shall
make themselves aware of all job site conditions that will affect their work.

The roofing contractor shall confirm all given information and advise the building owner, prior to bid, of any
conflicts that will affect their cost proposal.

Any contractor who intends to submit a bid using a roofing system other than the approved manufacturer
must submit for pre-qualification in writing fourteen (14) days prior to the bid date. Any contractor who fails
to submit all information as requested will be subject to rejection. Bids stating “as per plans and specs” will
be unacceptable.

SUBMITTALS

A.

Prior to starting work, the roofing contractor must submit the following:
1. Shop drawings showing layout, details of construction and identification of materials.

2. Sample of the manufacturer’s Total Systems Warranty covering all components of the roofing
system.

3. Submit a letter of certification from the manufacturer which certifies the roofing contractor is
authorized to install the manufacturer’s roofing system and lists foremen who have received training
from the manufacturer along with the dates training was received.

4, Certification of the manufacturer’s warranty reserve.

Upon completion of the installed work, submit copies of the manufacturer’s final inspection report to the
specifier prior to the issuance of the manufacturer’s warranty.

1

1.04

1.05

1.06

1.07

1.08

PRODUCT DELIVERY, STORAGE AND HANDLING

A. Deliver materials to the job site in the manufacturer’s original, unopened containers or wrappings with the
manufacturer's name, brand name and installation instructions intact and legible. Deliver in sufficient
quantity to permit work to continue without interruption.

B. Comply with the manufacturer’s written instructions for proper material storage.

1. Store materials between 60°F and 80°F in dry areas protected from water and direct sunlight. If
exposed to lower temperature, restore to 60°F minimum temperature before using.

2. Store materials containing solvents in dry, well ventilated spaces with proper fire and safety
precautions. Keep lids on tight. Use before expiration of their shelf life.

C. Insulation and underlayment products must be on pallets, off the ground and tightly covered with waterproof
materials. Manufacturer’s wrap does not provide sufficient waterproofing. Insulation and underlayment
products that become wet or saturated are to be discarded.

D. Any materials which are found to be damaged shall be removed and replaced at the applicator’s expense.

WORK SEQUENCE

A. Schedule and execute work to prevent leaks and excessive traffic on completed roof sections. Care should
be exercised to provide protection for the interior of the building and to ensure water does not flow beneath
any completed sections of the membrane system.

B. Do not disrupt activities in occupied spaces.

USE OF THE PREMISES

A.

Before beginning work, the roofing contractor must secure approval from the building owner’s representative
for the following:

1. Areas permitted for personnel parking.
2. Access to the site.
3. Areas permitted for storage of materials and debris.

4, Areas permitted for the location of cranes, hoists and chutes for loading and unloading materials to
and from the roof.

Interior stairs or elevators may not be used for removing debris or delivering materials, except as authorized
by the building superintendent.

EXISTING CONDITIONS

If discrepancies are discovered between the existing conditions and those noted on the drawings, immediately notify
the owner’s representative by phone and solicit the manufacturer’s approval prior to commencing with the work.
Necessary steps shall be taken to make the building watertight until the discrepancies are resolved.

PRE-CONSTRUCTION CONFERENCE

A.

B.

A pre-bid meeting may be held at the job site at the owner’s discretion.

The roofing contractor may schedule a job site inspection to observe actual conditions and verify all
dimensions on the roof. The job site inspection may occur on the day of the pre-bid meeting or prior.

Board of Aldermen — 11/28/17 Page 8
MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-17-143

Alderman Cookson arrived in the Chamber at 8:18 p.m. and participated in person.

ON THE QUESTION

Alderman Caron

Since | sit on this board at this moment, should | recuse myself from voting?

President McCarthy

| don’t think you need to.

Alderman Schoneman

| defer to Alderman Cookson.

Alderman Cookson

When | joined the meeting, | joined during public comment, and | heard a speaker making comments about the

contract — the contract between the city and the Senior Activity Center. And there were certain requests that
were being made. How are those going to be addressed this evening?

President McCarthy

| will ask Corporation Counsel if he understands what the issue is what his opinion is on it.

Mr. Bolton, Corporation Counsel

The question asked about how things are going to be handled. | guess that’s up to the Board of Aldermen. I’m
unable to predict that. | have not heard that there is an issue concerning the proposed amendment; however,
the speaker, Mr. Broderick, was correct. Both sides will need to properly adopt the amendment and sign the
amended lease. So it doesn’t matter who goes first. If the Board of Aldermen approves this amendment, if the
Senior Activity Center or the Nashua Association for the Elderly have not yet formally authorized this in
accordance with their procedure, they will have to before it becomes effective.

Alderman Cookson

Thank you, Attorney Bolton. Question, Alderman McCarthy. | would assume that this language has been
reviewed with the Senior Activity Center? Is that correct? Is Alderman Caron able to answer that?

Alderman Caron

| was not at the September or October meeting, so | can’t answer that.
President McCarthy

Alderman Caron indicates she was not at the meeting where it was discussed.
Alderman Cookson

Or not discussed. She’s not able to —

1.09

1.10

C.

Bids must be submitted as required by the owner and governing bodies.

Any conditions which are not shown on the shop drawings should be indicated ona copy of the shop drawing
and included with bid submittal if necessary to clarify any conditions not shown.

TEMPORARY FACILITIES AND CONTROLS

A.

Temporary Utilities:

1. Water, power for construction purposes and lighting are/are not available at the site and will/will
not be made available to the roofing contractor.

2. Provide all hoses, valves and connections for water from source designated by the owner when made
available.
3. When available, electrical power should be extended as required from the source. Provide all

trailers, connections and fused disconnects.
Temporary Sanitary Facilities

Sanitary facilities will not be available at the job site. The roofing contractor shall be responsible for the
provision and maintenance of portable toilets or their equal.

Building Site:
1. The roofing contractor shall use reasonable care and responsibility to protect the building and site
against damages. The contractor shall be responsible for the correction of any damage incurred as

a result of the performance of the contract.

2. The roofing contractor shall remove all construction debris from the job site in a timely and legally
acceptable manner so as to not detract from the aesthetics or the functions of the building.

Security:

Obey the owner’s requirements for personnel identification, inspection and other security measures.

JOB SITE PROTECTION

A.

The roofing contractor shall adequately protect building, paved areas, service drives, lawn, shrubs, trees, etc.
from damage while performing the required work. Provide canvas, boards and sheet metal (properly secured)
as necessary for protection and remove protection material at completion. The contractor shall repair or be
responsible for costs to repair all property damaged during the roofing application.

During the roofing contractor’s performance of the work, the building owner will continue to occupy the
existing building. The contractor shall take precautions to prevent the spread of dust and debris, particularly
where such material may sift into the building. The roofing contractor shall provide labor and materials to
construct, maintain and remove necessary temporary enclosures to prevent dust or debris in the construction
area(s) from entering the remainder of the building.

Do not overload any portion of the building, either by use of or placement of equipment, storage of debris,
or storage of materials.

Protect against fire and flame spread. Maintain proper and adequate fire extinguishers.

Take precautions to prevent drains from clogging during the roofing application. Remove debris at the
completion of each day’s work and clean drains, if required. At completion, test drains to ensure the system

1.11

1.12

1.13

is free running and drains are watertight. Remove strainers and plug drains in areas where work is in
progress. Install flags or other telltales on plugs. Remove plugs each night and screen drain.

F, Store moisture susceptible materials above ground and protect with waterproof coverings.

G. Remove all traces of piled bulk materials and return the job site to its original condition upon completion of
the work.

SAFETY

The roofing contractor shall be responsible for all means and methods as they relate to safety and shall comply with
all applicable local, state and federal requirements that are safety related. Safety shall be the responsibility of the
roofing contractor. All related personnel shall be instructed daily to be mindful of the full time requirement to
maintain a safe environment for the facility’s occupants including staff, visitors, customers and the occurrence of the
general public on or near the site.

WORKMANSHIP

A.

Applicators installing new roof, flashing and related work shall be factory trained and approved by the
manufacturer they are representing.

All work shall be of highest quality and in strict accordance with the manufacturer’s published specifications
and to the building owner’s satisfaction.

There shall be a supervisor on the job site at all times while work is in progress.

All field seams and flashing details are to be completed according to manufacturer’s specifications and details
by the end of each work day.

QUALITY ASSURANCE

A.

The Sure-Seal Roofing System must achieve a UL Class B.

The specified roofing assembly must have been successfully tested by a qualified testing agency to resist the
design uplift pressures calculated according to

International Building Code (IBC) and American Society of Civil Engineers (ASCE 7)
ANSI/SPRI WD-1 "Wind Design Standard Practice for Roofing Assemblies”

The membrane must be manufactured by the material supplier. Manufacturer’s supplying membrane made
by others are not acceptable.

The manufacturer must have a minimum of 20 years experience in the manufacturing of vulcanized thermoset
sheeting and the manufacturer shall have domestic manufacturing experience commensurate with the term
of warranty coverage of the products supplied.

Unless otherwise noted in this specification, the roofing contractor must strictly comply with the
manufacturer’s current specifications and details.

The roofing system must be installed by an applicator authorized and trained by the manufacturer in
compliance with shop drawings as approved by the manufacturer. The roofing applicator shall be thoroughly
experienced and upon request be able to provide evidence of having at least five (5) years successful
experience installing single-ply EPDM roofing systems and having installed at least one (1) EPDM roofing
application or several similar systems of equal or greater size within one year.

Provide adequate number of experienced workmen regularly engaged in this type of work who are skilled in
the application techniques of the materials specified. Provide at least one thoroughly trained and experienced

superintendent on the job at all times roofing work is in progress.

There shall be no deviations made from this specification or the approved shop drawings without the prior
written approval of the specifier. Any deviation from the manufacturer’s installation procedures must be
supported by a written certification on the manufacturer’s letterhead and presented for the specifier’s
consideration.

Upon completion of the installation, the applicator shall arrange for an inspection to be made by a non-sales
technical representative of the membrane manufacturer in order to identify any needed corrective repairs that
will be required for warranty issuance. Notify the building owner seventy-two (72) hours prior to the
manufacturer’s final inspection.

Inspector shall be employed and trained by the manufacturer and have received product-specific training
from the manufacturer of the products.

The Sure-Seal EPDM Membrane exceeds 41,580 kJ/m? under Xenon-Are UV Light testing used for testing
“Resistance to Outdoor (Ultraviolet) Weathering.” (ASTM D 4637 Specification requires a 7560 kJ/m?
minimum total radiant exposure at 70 W/m” irradiance at 176°F black panel temperature to pass.)The
membrane shows no visible signs of cracking or crazing.

Sure-Seal EPDM Membranes achieves a zero (no growth) rating in the ASTM G21 test for fungi growth.

1.14 JOB CONDITIONS, CAUTIONS AND WARNINGS

Refer to Carlisle’s EPDM Roofing System specification for General Job Site Considerations.

A.

Material Safety Data Sheets (MSDS) must be on location at all times during the transportation, storage and
application of materials.

When positioning membrane sheets, exercise care to locate all field splices away from low spots and out of
drain sumps. All field splices should be shingled to prevent bucking of water.

When loading materials onto the roof, the Carlisle Authorized Roofing Applicator must comply with the
requirements of the building owner to prevent overloading and possible disturbance to the building structure.

Proceed with roofing work only when weather conditions are in compliance with the manufacturer’s
recommended limitations, and when conditions will permit the work to proceed in accordance with the
manufacturer’s requirements and recommendations.

Proceed with work so new roofing materials are not subject to construction traffic. When necessary, new
roof sections shall be protected and inspected upon completion for possible damage.

Provide protection, such as 3/4 inch thick plywood, for all roof areas exposed to traffic during construction.
Plywood must be smooth and free of fasteners and splinters.

The surface on which the insulation or roofing membrane is to be applied shall be clean, smooth, dry, and
free of projections or contaminants that would prevent proper application of or be incompatible with the new
installation, such as fins, sharp edges, foreign materials, oil and grease.

New roofing shall be complete and weathertight at the end of the work day.
Contaminants such as grease, fats and oils shall not be permitted to come in direct contact with the roofing

membrane. An overlay of Epichlrohydrin membrane must be adhered around units which have the potential
to emit solvents, grease or oil.

1.15 WARRANTY

A.

Provide manufacturer’s 15 year Total System Warranty covering both labor and all materials with no dollar

5

limitation. The maximum wind speed coverage shall be peak gusts of 55 measured at 10 meters above ground
level. Certification is required with bid submittal indicating the manufacturer has reviewed and agreed to such
wind coverage.

B. Pro-rated System Warranties shall not be accepted.
PART 2 PRODUCTS
2.01 GENERAL

A. All components of the specified roofing system shall be products of Carlisle SynTec or accepted by Carlisle
SynTec as compatible.

B. Unless otherwise approved by the specifier and accepted by the membrane manufacturer, all products
(including insulation, fasteners, fastening plates and edgings) must be manufactured and supplied by the
roofing system manufacturer and covered by the warranty and manufacturer of roof membrane shall also
manufacture all polymeric components for the roofing system, including, but limited to, membrane,
adhesives, primers, flashings, caulks and tapes.

2.02 MEMBRANE

Furnish Sure-Seal 60-mil EPDM (Ethylene, Propylene, Diene Terpolymer) in the largest sheet possible with 3” or 6”

Factory-Applied Tape (FAT). The membrane shall conform to the minimum physical properties of ASTM D4637.

When a 10 foot wide membrane is to be used, the membrane shall be manufactured in a single panel with no factory

splices to reduce splice intersections.

2.03 INSULATION/UNDERLAYMENT

A. When applicable, insulation shall be installed in multiple layers. The first and second layer of insulation
shall be mechanically fastened or adhered to the substrate in accordance with the manufacturer’s published
specifications.

B. Insulation shall be 20PSI PolyISO as supplied by Carlisle SynTec. Minimum R-value required is 20
1. Carlisle HP-H Polyiso — A foam core insulation board covered on both sides with a medium weight

fiber-reinforced felt facer meeting ASTM C 1289-06, Type I, Class 1, Grade 2 (20 psi) or Grade 3
(25 psi). The product is available in 4’ x 8’ standard size with a thickness from 1 to 4 inches. 4’ x
4’ tapered panels are also available.

2.04 FASTENING COMPONENTS

To be used for mechanical attachment of insulation and to provide additional membrane securement:

A.

Fasteners, Plates and Bars

1.

2.

HP- Fasteners: a threaded, #14 fastener with a #3 phillips drive used with steel and wood roof decks.

HP-X Fasteners: A heavy duty #15 threaded fastener with a #3 phillips drive used for insulation securement
into steel, wood plank or minimum 15/32 inch thick plywood when increased pullout resistance is desired.

Pre-Assembled ASAP Fasteners: A pre-assembled 3” diameter Plastic Plate and # 12 threaded fastener
with a #3 drive used for insulation attachment into steel or wood decks. Installed using OMG Fastening
Tools.