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| THE CITY OF NASHUA “the Gate Cty"

Financial Services

Purchasing Department

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February 25, 2016
Memo #16-109

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2016 PAVING PROGRAM (VALUE: $2,677,902)
DEPARTMENT: 161 STREET; FUND: GENERAL
ACTIVITY: PAVING
DEPARTMENT: 161 STREET; FUND: TRUST
ACCOUNT CATEGORY; 54 PROPERTY SERVICES
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
ACTIVITIES: SEWER STRUCTURES AND SEWER REHAB

Please see the attached communication from Steven Dookran, P.E., City Engineer, dated February 29,
2016 for information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.
The City Engineer, Board of Public Works (February 29, 2016) and the Purchasing Department
recommend the award of this contract to Brox Industries, Inc of Dracut, MA in an amount of
$2,627,902.

Respectfull

Dan Kooken
Purchasing Manager

Cc: S Dookran L Fauteux

229 Main Street e Nashua, New Hampshire 03061 * Phone (603) 589-3330 @ Fax (603) 589-3344

To:

From:

Re:

F, Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 29, 2016

Stephen Dookran, P.E., City Engineer
Engineering Department

FY16 Paving Program — Construction

To approve the award of the construction contract for the FY16 Paving Program to

Brox Industries, Inc. of Dracut, MA in the amount of $2,627,902.45. Funding will
be through: Department: 161 Street; Fund: General; Activity: Paving; Department:

161 Street; Fund: Trust; Account Category: 54 Property Services; Department: 169
Wastewater; Fund: Wastewater; Activities: Sewer Structures and Sewer Rehab.

Table Al. Streets included in the FY16 Paving Contract

The FY16 Paving Contract is expected to pave approximately 7 miles of City streets.
The contract uses repair methods such as shim, overlay, milling and reclamation. It
also includes replacing obsolete and broken drainage and sewer castings as well as
repairing catch basins, associated laterals and manholes. The list of streets to be
paved under this contract was provided at the January 21, 2016 meeting and is
attached.

The contract was advertised on January 13, 2016. Five contractors attended the
mandatory prebid and three contractors submitted bids on February 3, 2016 and are as
follows:

Brox Industries, Inc. of Dracut, MA $2,627,902.45
Continental Paving, Inc. of Londonderry, NH $2,852,097.26
P.J. Keating Company of Lunenburg, MA $2,926,746.75

Brox Industries, Inc. of Dracut, MA at a bid price of $2,627,902.45 is the qualified
low bidder.

1/21/2016

Table A1. Streets included in the FY 2016 Paving Contract

Streets From To
Sept 2016 Preliminary List - Included in FY16 Contract
Blackstone Dr Amherst St End
Briarcliff Dr Fordham Dr White Plans Dr
Carter Circle Custom St Circle
Chaucer Rd Spencer Dr Coleridge Rd
Coleridge Rd Spencer Dr Chaucer Rd
Custom St Tenby Dr Harris Rd
Boer bulcha Noi enalseiti elt iT Adventure Way Autumn Leaf
Flintlocke Dr End Jill Dr
Galway Rd Kenmare Rd Raleigh Dr
Grenada Cir Westgate Crossing Circle
Jill Dr End Harris Rd
Kenmmare Rd Kerry Ln Raleigh Dr
Kerry Ln Raleigh Dr Raleigh Dr
Rene Dr Main Dunstable End
Stafford Rd Nottingham Dr Northeastern Blvd
Tinker Rd White Oak Dr Beginning Of Bend
Valencia Dr Westgate Crossing Circle
W Hollis St Wellesley Rd Gary St
Whitman Rd Spencer Dr Coleridge Rd

Additional streets Included in FY 16 Contract

Bowman Ln Barnesdale Rd Northeastern Blvd
Broad St Hyannis St Broadcrest Ln
Eleventh St Ledge St 90' From Ledge St
Lisa Dr East Dunstable Rd Lamb Rd
Lone Star Dr New Searles Rd End
Loring Dr Yarmouth Dr End
Nelson St Richmond St End

Ninth St Ledge St Will St
Piermont St Nelson St Broad St
Pelham St Piermont St Hyannis St
Will St Ninth St Simon St

Streets to be paved as part of sewer rehabilitation project

Temple St

East Hollis St

Commercial St

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2016 by and between the City of
Nashua, New Hampshire (hereinafter called OWNER) and

. (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

ARTICLE 2 - THE PROJECT

2.01. The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:

FY2016 PAVING PROGRAM

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by: Division of Public Works
Engineering Department
9 Riverside St
Nashua, NH 03062

who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection
with completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion and F inal Payment
A. The Work will be substantially completed by October 15, 2016. Substantial completion occurs when
all paving is complete. The Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment, in accordance with paragraph 14.07 of the General
Conditions, by October 31, 2016.

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus

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BID BOND
PENAL SUM FORM

BIDDER (Name and Address);

S.U.R. Construction West, Inc.
SiPayneRd.
Winchester, NH 03470

Travelers Casualty + Surety Company of America
350 Granite St.

Braintree, MA 02184

OWNER (Name and Address),
City of Nashua, NH
Central Purchasing,229 Main St.
Nashua, NH 03061

BIDDUEDATE: February 10,2022

PROJECT (Brief Description Including Location):
2022 Sewer Replacement Project.1FB0779-021022

BONDNUMBER: bid bond
DATE:(Not laterthanBidDueDate): February 102022

PENAL SU M:fivepercent attachedbid 5% attached bid
(words) (figures)

IN WITNESS WHEREOEF, Surety and Bidder, Intending to be legally bound hereby, subject to the terms
printed on the reverse side hereof, do each cause the Bid Bond to be duly executed on its behalf by its
authorized officer, agent, or representative.

BIDDER SURETY
struct . (Seal) Travelers Casualty + Surety Co. of America (Seal)
: ; wy Ath and ay Seal
Ai
ye Sighature. and a Pyd4]y CAA ” Kitorney-in-fact™

Signature and Title
(Attach Power of Attomty)

Attest On wr Jhmuac Le Aan 0 "A ae LLG LY
U SQnature and THe TT(OAML Yr Attest: Signature ai ule /

Note: (1) Adove addresses are in be use for giving required notice
(2) Any Singuiar mfe:rence to Bidder, Surety, OWNER or other party shall be considered plural where applicable,

BB-1 of2

any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the
delays, expense and

difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is
not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER ONE HUNDRED dollars
($100) for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until
the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the time specified in paragraph 4.02 for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER TWO HUNDRED
dollars ($200) for calendar each day that expires after the time specified in paragraph 4.02 for completion and
readiness for final payment until the Work is completed and ready for final payment.

B. In the event that the CONTRACTOR fails to pay OWNER the specified liquidated damages amount
within thirty (30) days of CONTRACTOR's being notified of said damages, OWNER may deduct the amount of the
assessed liquidated damages from the final payment or retention withheld pursuant to Article 14 of the General
Conditions.

ARTICLE 5 - CONTRACT PRICE

5.01 Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in accordance
with the Contract Documents, the Contract Sum of:

($ )

The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work
determined below:

A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each separately
identified item of Unit Price Work times the estimated quantity of that
item, as indicated in the attached Bid Schedule;

B. as provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of
the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.

ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

B. CONTRACTOR shall submit Applications for Payment under this agreement directly to:

City of Nashua

Attn: Accounts Payable
PO Box 2019

Nashua, NH 03061-2019
Atten: Todd Welch

To facilitate the proper and timely payment of applications, the City of Nashua requires that all invoices contain
a valid PURCHASE ORDER NUMBER.

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6.02 Progress Payments; Retainage

A, Progress Payments. The OWNER will once each month make a progress payment to the
CONTRACTOR on the basis of an estimate of the total amount of work done to the time of the estimate and its value as
prepared by the CONTRACTOR and approved by the ENGINEER. All such payments will be measured by the
schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no schedule of values, as provided in the General
Requirements.

B. Retainage. The OWNER will retain a portion of the progress payment, each month, in accordance
with the following procedures:

1. The OWNER will establish an escrow account in the bank of the OWNER’S choosing.
The account will be established such that interest on the principal will be paid to the
CONTRACTOR. The principal will be the accumulated retainage paid into the account by
the OWNER. The principal will be held by the bank, available only to the OWNER, until
termination of the contract.

2. Until the work is 50% complete, as determined by the ENGINEER, retainage shall be 10% of
the monthly payments claimed. The computed amount of retainage will be deposited in the
escrow account established above.

3. After the work is 50% complete, and provided the CONTRACTOR has satisfied the
ENGINEER in quality and timeliness of the work, and provided further that there is no
specific cause for withholding additional retainage no further amount will be withheld. The
escrow account will remain at the same balance throughout the remainder of the project.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General
Conditions, OWNER shall hold 2% retainage during the 1_ (one) year warranty period and release it only after the
project has been accepted.

ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.

D. CONTRACTOR has carefully studied all (if any): (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a
Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.

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CONTRACTOR is entitled to rely upon the general accuracy of the “technical data” as provided in paragraph 4.2 of the
General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the
Contract Documents with respect to Underground Facilities at or contiguous to the site.

E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of

construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety
precautions and programs incident thereto.

F, CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in

accordance with the other terms and conditions of the Contract Documents.

G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.

H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

1. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.

J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.

ARTICLE 8 - CONTRACT DOCUMENTS

8.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement;
2. General Conditions;
3. Supplementary Conditions;
4. Bid Bond;
5. Bid Form;

6. Performance Bond;

7. Payment Bond;

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8. Certificate of Insurance

9. Technical Specifications as listed in Table of Contents

10. Addenda (numbers to , inclusive);
11. Exhibits, as listed in the Table of Contents, to this Agreement

12. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:

a. Written Amendments
b. Change Order(s)

14. New Hampshire Department of Transportation “Standard Specifications for Road and Bridge
Construction”, latest edition, incorporated by reference or unless otherwise indicated.

15 “Manual of Uniform Traffic Control Devices”, latest edition, incorporated by reference.

16 City of Nashua, Standard Specifications for Sewers and Drains, Revised, Approved and Adopted
June 15, 1992, incorporated by reference.

17 City of Nashua, Standard Specifications for Road Construction, Approved and Adopted June 11,
1986, incorporated by reference.

18 City of Nashua, Standard Specifications for Sidewalk Construction, Approved and Adopted
August 28, 1995, incorporated by reference.

19 City of Nashua Ordinance O-03-219 (Amended), Approved November 14, 2003.
20 Fully Executed City of Nashua Purchase Order

B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted
otherwise above).

Cc. There are no Contract Documents other than those listed above in this Article 8.

D. The Contract Documents may only be amended, modified or supplemented as provided in paragraph
3.04 of the General Conditions.

ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on

another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to

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the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER
and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.

9.05 Choice of Law and Venue

A. This Agreement shall be governed by the laws of the State of New Hampshire, and any litigation shall be
brought in a court located in the State of New Hampshire.
Address for giving notices to Owner: Address for giving notices to Contractor:
Division of Public Works
9 Riverside Street
Nashua, NH 03062

Agent for service of process:

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.

CITY OF NASHUA — OWNER

James Donchess, Mayor City of Nashua

Date:

CONTRACTOR:

By:

(Authorized Representative)

Print Name:

Date:

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