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2. At least 5 days prior to the proposed closure, the CONTRACTOR shall submit a detour traffic plan for each
location being detoured.

3. The CONTRACTOR shall install standard traffic control devices in accordance with the Detour Signage plan
provided in the bid documents and the Manual on Uniform Traffic Control Devices (MUTCD.)

4. The detour signage shall be covered when the road closure is not in effect.

B. CONTRACTOR shall notify the following agencies of any traffic delays or road closures three days in advance of the
work:

Nashua Police Department: (603) 594-3500
Nashua Fire Department: (603) 594-3652
School Bus Garage: (603) 594-4300
Nashua Solid Waste Department (603) 589-3410
Nashua Building Department (603) 589-3080

17.08 Prohibited Interests

A. 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, noncontractual, financial or otherwise, in this contract or in the
business of CONTRACTOR. 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. 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
OWNER determines that a conflict exists and was not disclosed to the OWNER, it may terminate the contract at will or
for cause in accordance with Article 15.02.

B. In the event 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 may terminate the contract at will or for cause in accordance with
paragraph 9. Upon termination, Contractor shall refund to the City any profits realized under this contract, and
Contractor shall be liable to the City for any costs incurred by the City in completing the work described in this
contract. At the discretion of the City, these sanctions shall also be applicable to any such conviction obtained after
the expiration or completion of the contract.

C. Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered or given by
Contractor to any officer or employee of the City 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 determines that such gratuities were or offered or given, it may terminate the contract at will
or for cause in accordance with Article 15.02.

D. 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 under this contract or at law.

GC -55 of 55

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.

Unless specified to be “high strength”, wearing courses shall be 75 gyration with PG 64-
SC - 1 of 9

4.

28 and maximum aggregate size of 2 inch. Base and binder courses shall be 75 gyration
with PG 64-28 and maximum aggregate size of % inch.

High Strength Pavement wearing courses shall be 75 gyrations with PG 76-28 and
maximum aggregate size of % inch.

High strength wearing course pavement shall be used on the following roadways:
e East Dunstable Road
e East Hollis Street
e Main Street
e Medical Center Drive

The following course thicknesses shall be used:

2” Mill & Overlay
2” wearing course.

3.5” Mill & Overlay
1.5” wearing course over 2” binder course.

Reclamation
1.5” wearing course over 2” binder course.
2” wearing course over 3” 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:

Main Street.....00...0...00...0000000. June 1, 2021
Pine Street........0.0.0.0000 0.00000 eae June 1, 2021
Fifield Street.......0...00000.00000.0002. June 1, 2021
West Hollis Street.........0........... August 15, 2021

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

TIE-IN AT SIDE ROAD
Where roadways are being milled to a depth of 3.5 inches, side road tie-in areas will be
milled to a depth of 2.0 inches.

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

All roads, except those with delayed start dates (see Paragraph 4 - Other Work in
Contract Area), shall be binder paved by July 1“, 2021.

The entire length of all roadway segments shall be substantially complete by October 15,
2021.

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

Streets specified as 3.5” mill and overlay or reclaim shall be binder paved within three
weeks of milling or reclamation. All ADA ramp work shall be completed within three
weeks after placement of binder pavement.

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.

Permission is granted to extend the work hours to 7:00 AM to 5:00 PM for the following
streets listed in General Condition Section 6.02C.

East Hollis Street
East Dunstable Street
Main Street

Pine Hill Road

West Hollis Street

SC - 3 of 9

Board of Aldermen — 9/26/17 Page 3
COMMUNICATIONS

MOTION BY ALDERWOMAN MELIZZI-GOLJA THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

From: Mayor Jim Donchess
Re: | Downtown Riverfront Development Master Plan

MOTION BY ALDERWOMAN MELIZZI-GOLJA TO ACCEPT, PLACE ON FILE AND REFER TO THE
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
MOTION CARRIED

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING
Fred Teeboom, 24 Cheyenne Drive, Nashua

I’m here to talk about R-17-125 that the Mayor mentioned during his remarks. R-17-125 recommends $7.1
million be transferred from the city’s unassigned fund balance account to offset the tax rate. To put this all into
perspective, and this gets into accounting, but since I’m suing the city, I’m pretty much up-to-date on these
things. If you look at the tax levy, the tax levy is in Fiscal ’16, the latest number available, is $196.1 million, the
total amount of money that is collected from local property taxes. $196.1 million. 7.1 percent, if you calculate
that out, represents 3.6 percent. Every percent is $1.96 million. $7.1 million represents 3.6 percent. Instead
of putting another 3.6 percent from the citizens of Nashua, you take it out of the reserve account. That’s why
government accounting has to be regarded with great suspicion because the true tax increase, and | see
Alderman Clemons is smiling, maybe he understands all this, if you take the 2.9 percent increase that was
mentioned, predicted on the citizens of Nashua, you add the 3.6 percent, represented by $7.1 million on the
offset, the total tax increase, increase in taxes represents 6.5 percent.

Obviously you don’t want to tax people 6.5 percent. There would be uproar. There would be recalls. God
knows what would happen. So, you take money out of the reserve account. However in context, $7.1 million
is a very large number. If you look at the money transferred in past years, it’s 4.3 million in Fiscal 12 to $5.1
million in Fiscal 16. The only time we ever came close to this $7.1 million was $8 million during the Streeter
administration when we had the fiasco with the insurance fund. Other than that, transfers from fund balance
account typically are $4 to $5 million.

In the resolution before you, it mentions NRO 5-135,A. Look it up. Maybe some of you have, maybe you have
never heard of it or never read it. It says to maintain your undesignated general fund balance to a minimum of
ten percent. That’s a requirement of the NRO. A minimum of ten percent shall remain in the undesignated
fund balance, money that you took the $7 million out of. Plus, and nobody every talks about this, the statewide
enhanced education amount, the local school net commitment, plus the county appropriation. The county
appropriation is $11 - $12 million. I’m not here to talk about the other amounts. I’m just talking about the ten
percent.

If you look at the general budget, what’s the ten percent? The Fiscal 2018 budget has $258.5 million general
fund appropriations. The total appropriations for Fiscal 2018 was $301.5 million. At least you’ve got to keep
$30.1 million in the unassigned fund balance account, maybe more if you take the other things like county
taxes. But even disregarding that, ten percent means you have to have at least $30.1 million in fund balance
account. Guess what? Look up the fund balance account. Where do you find the fund balance account?
You’ve got to do some digging. It’s not easily found. If you look at the budget book, Fiscal ’18, which is now
adopted, on page 319, it mentions the unassigned fund balance account. That has no assigned purpose, like
a savings account or a rainy day account. That’s what I’d call it.

The CAFR on page 166 and the budget on page 319 both mention the same number. Guess what’s in there?
$28 million, not approximately $30 million as mentioned in the budget minutes. $28 million is in there. If $28
million is in there, and you take $7.1 million out, you’re left with $21 million, nowhere near ten percent of

10.

11.

12.

Recognizing the difficulty in maintaining traffic as well as access to abutting properties,
work on the following streets shall be performed at night: East Hollis Street, Main
Street, and Medical Center Drive.

If traffic and access to abutting properties cannot be maintained during daytime hours on
other streets in the contract to the OWNER’s satisfaction, CONTRACTOR may be
directed to perform the work at night at no additional cost.

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.

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.

SC - 4 of 9

13.

14.

15.

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.

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.
SC -5 of 9

16.

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.

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.

SC - 6 of 9

17.

18.

19.

20.

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.

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 FMANHOLE 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.

SC - 7 of 9