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City of Nashua
Service Agreement

Regardless of any coverage provided by any insurance, VENDOR agrees to indemnify and shall defend
and hold harmless the OWNER, its agents, officials, employees and authorized representatives and their
employees from and against any and all suits, causes of action, legal or administrative proceedings,
arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of any kind
or nature in any manner caused, occasioned, or contributed to in whole or in part by reason of any negligent
act, omission, or fault or willful misconduct, whether active or passive, of VENDOR or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the performance of this
contract. WENDOR’s indemnity, defense and hold harmless obligations, or portions thereof, shall not
apply to liability caused by the negligence or willful misconduct of the party indemnified or held harmless.

VENDOR warrants and guarantees to OWNER, for one (1) year, upon completion of work, that all Work
will be in accordance with the Agreement and will not be defective. VENDOR’s warranty and guarantee
hereunder excludes defects or damage caused by:

> Abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or
> Normal wear and tear under normal usage.

If the VENDOR defaults or neglects to carry out the Work in accordance with this Agreement and fails
within a two day period after receipt of written notice from the OWNER to correct such default or neglect
with diligence and promptness, the OWNER may, without prejudice to other remedies, correct such
deficiencies.

The VENDOR warrants to the OWNER that (1) the Work will be free from defects not inherent in the
quality required or permitted; and (2) the Work will conform to the requirements of the Agreement.

The OWNER shall have no responsibility for the payment of money to any Subcontractor or material
supplier.

The OWNER shall not supervise or directly control the work of the VENDOR. The OWNER does
reserve the right to inspect the work being performed and to determine whether it is being performed in a
good and “workmanlike” manner. The VENDOR shall promptly correct Work rejected by the OWNER as
failing to conform to the Agreement. The VENDOR shall bear the cost of correcting such rejected work.

The OWNER can terminate this Agreement at any time and pay the VENDOR a prorated amount for all
service performed up to that date.

The laws of the State of New Hampshire shall govern this Agreement exclusively and any litigation to this
Agreement shall be brought to a court located in the State of New Hampshire.

Page 3 of 4

City of Nashua
Service Agreement

The agreement, along with the executed OWNER’s Purchase Order, are subject to the City of
Nashua Standard Terms and Conditions, which are available on the City’s website at

www.nashuanh.gov/purchasing,.

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) Methuen Construction (signature)

James Douchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

Page 4 of 4

EXHIBIT A

QUOTATION

Quote No: 16-0102

DATE: FEBRUARY 2, 2016
PROJECT: NASHUA WWTP — MISC. MAINTENANCE ITEMS
LOCATION: NASHUA, NH

William Keating

Chief Estimator/Project Manager
Nashua - Wastewater Department
2 Sawmill Road

Nashua, NH 03062

In response to your request for pricing to provide Services we are pleased to submit the following for your review and
consideration:

Item No, 01 ~ 36” FLOWMETER REPLACEMENT AND 42” VICTAULIC COUPLING REPAIR
The scope of work for this proposal item includes the following:

* Provide labor, materials, and equipment required to replace existing 36” flowmeter.
¢ Methuen will provide new 36” full face gaskets required for flowmeter installation.
° The existing hardware to install the flowmeter will be reused.

e New flowmeter to be provided by the City of Nashua.

* No painting of the new flowmeter or existing piping is included.

The cost for the work described above is $15,860.00
ttem Nov O2ZA= REBUILD ONE{(1) EXISTING 6” WAS PUMP (FAIRBANKS MODEL NO>B5423) AND STALL

The scape of work roihis proposal item includes the following:
(Reference attached pictures for corresponding pump designations)

rebuilt,
° Provide new OEM parts to perform complete-rebuild of WAS Pump #1.
(See attachment for list of components to efeplaced)
® Deliver rebuilt WAS pump to Pe ™
° Replace existing WAS Pump #2-that is currently out of service with. WAS Pump #1 that was rebuilt.
e Alignment of WAS pump-i€ not included.

© Painting of existingpump or piping is not included.
e There is a fo t (4) week lead time on the delivery of the replacement parts.

° Pickup existing WAS pump Fisthat is currently not installed;from plant and transport to our facility to be

The cost for the work described above is $13,050.00

40 LOWELL ROAD 1 SALEM. NH 03079 | PE: 603.328.2222 [PAN: 603,328,223
WWW. METHUENCONSTRUCTION.COM

Item-No. 02B ~ REBUILD TWO (2) EXISTING 6” WAS PUMP (FAIRBANKS MODEL NO: 85423) AND INSTALL

The scope of work for this proposal item includes the followi g:
(Reference attached pictures for corresponding pump designations

° Pickup existing WAS Pump #1, that is currently got installed, from plant and transport to our facility to be rebuilt.
e Provide new OEM parts to perform comp! €rebuild of WAS Pump 41.
{See attachment for list of comporientetO be replaced)
° Deliver rebuilt WAS Pump #1 to fant.
© Replace existing WAS Pum W8 that is currently.out of service with WAS Pump #1 that was rebuilt.
e Transport WAS Pump.4? to our facility to be rebuilt:
° Deliver rebuilt WAS Pump #2 to plant.
e WAS Pump_#2 will be placed in the WAS pump room as a spare pump for the Plant’s future use.
© Alignment of WAS pump is not included.
e Painting of existing pump or piping is not included.
a “There is a four (4) week lead time on the delivery of the replacement parts.

-The-cost- forthe work destribed-above is $24,125.00

Methuen has provided Item Nos. 02A and 028 as options so you may choose the best approach to meet your operational
and budgetary needs. Either one of these options can be selected at your discretion.

Should you wish to pursue this work, please make note of the bid items selected below, and return a signed copy of the
proposal to Methuen. Thank you for the opportunity to provide you with a proposal to perform this work.

Respectfully submitted,

Jason C. Babbidge
Project Manager

This quotation is Valid for 30 days from the date of this Quotation
Acceptance of Proposal/Work Authorization

| understand that by accepting the above proposal, | am authorizing work to proceed. Payment shall be made as required
by mutually agreeable terms and conditions.

Any changes and/or modifications to the above praposal must be mutually agreed upon by Methuen Construction Co.,
Inc and incorporated via amendment to this proposal,

(Please list Bid items selected above)

Date:

(Signature)

(Printed Name}

CONSTRUCTION

fo 52-3 tr

YES

| THE CITY OF NASHUA “The Cate Cty’

Financial Services

Purchasing Department

February 25, 2016
Memo #16-116

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ROOF REPLACEMENT (VALUE: $25,723)
DEPARTMENT: 169 WASTEWATER; FUND: WERF
ACCOUNT CLASSIFICATION: 81 CAPITAL OUTLAY/IMPROVEMENTS

Please see the attached communication from David Simmons, Wastewater Department Superintendent
dated February 29, 2016 for the information related to this purchase.

The original contract, pursuant to NRO § 5-78 Major purchases (greater than $10,000), was awarded in
the amount of $382,500. Change Order 1 increased the contract by $1,548 to install new roof drains
bringing the total to 384,048. Change Order 2 is for an amount of $25,723 to replace the coping in the
Admin Buildings and reseal gaps in the concrete roof coping in the Grit Building for a new contract total if
approved of $409,771.

The Wastewater Department Superintendent, Board of Public Works (February, 29, 2016) and the

Purchasing Department recommend the award of Change Order #2 for this contract in the amount of
$25,723 to Rockwell Roofing, Inc. of Leominster, MA.

Respectfully,

Dan Kooken
Purchasing Manager

Coe: D Simmons L Fauteux

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

To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 29, 2016

David A. Simmons Superintendent
Wastewater Department

NWTF — Rockwell Roofing — Change Order 2

To approve change order #2 of the construction contract for the NWTF Roof
Replacements Project contract to Rockwell Roofing, Inc. in the amount of
$25,723. Funding will be through Department: 169 Wastewater; Fund: WERF:
Account Classification: 81 Capital Outlay/Improvements.

The original contract for Rockwell Roofing to replace the roofs on eight buildings
at the Wastewater Treatment Facility is for $382,500. Change order 1 was to
install new roof drains on the buildings in an amount of $1,547.50 to bring the
new contract value to $384,047.50.

Following completion of the newly installed roofs, rainwater could still enter the
Admin Building it the Lab area. It was determined the water is entering through
gaps in the original coping that was installed with the original building in 1972.
The entire coping needs to be replaced on the roof in the Admin Buildings. In
addition, there are gaps in the concrete roof coping in the Grit Building that need
to be removed and resealed. Rockwell Roofing has developed a cost proposal for
these 2 items in the amount of $25,723 as shown on the attached cost proposals.

The Wastewater Department has reviewed Rockwell’s costs for both items which
appear to be in line with this type of work. The new value of their contract
following this change order will be in the amount of $409,770.50.

The roof replacement project is a scheduled replacement identified in the
wastewater equipment replacement fund (WERF), asset ID: RR

CHANGE ORDER

No.2
PROJECT: NWTF Roof Replacement
OWNER’S CONTRACT NO: IFB0774-012215
DATE OF ISSUANCE: February 19, 2016 EFFECTIVE DATE: Upon City Approval
OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.: 120218
CONTRACTOR: Rockwell Roofing, Inc.
ENGINEER: William Keating

You are directed to make the following changes in the Contract Documents:

Purpose of Change Order: To remove and replace existing metal cap and shelf for $24,625
To furnish and install new caulking in the Grit Building for $1,098

Justification: Additional work identified for project.

Attachments: (List Documents supporting change):

Rockwell Roofing Proposal dated October 28, 2015
Rockwell Roofing Proposal dated December 22, 2015

New Price and Time Summary:

CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times 11/24/2015
$382,500.00 Ready for final payment: 01/16/2016
days-er dates
Net changes from previous Change Orders Net change from previous Change Orders
$1,547.50 0 days
Contract Price prior to this Change Order Contract Times prior to this Change Order
$384,047.50 Substantial Completion: 11/24/2015

Ready for final payment: 01/16/2016
days or dates

Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order
$25,723.00 164 calendar days
Contract Price with all approved Change Orders Contract Times with all approved Change Orders
Substantial Completion: 05/08/2016
$409,770.50 Ready for final payment: 06/30/2016
days-or dates
RECOMMENDED: ACCEPTED: APPROVED:
By: By: By:
Engineer Contractor Owner
(Authorized Signature) (Authorized Signature) (Authorized Signature)
Date: Date: Date:
Change Order #2 Page | of |

NWTF Roof Replacement Project

ROCKWELL ROOFING INC.
44 POND STREET
LEOMINSTER, MA 01453
978.537.7825 PHONE
978.537.3867 FAX

CHANGE ORDER REQUEST PROPOSAL #002

TO: FROM:
William Keating Bob Barry
COMPANY: DATE:
City of Nashua Wastewater Engineer DECEMBER 22, 2015
PHONE:
PROJECT: LOCATION:
Nashua Wastewater Treatment Facility Nashua, NH
Roof Replacement

RE:
Remove and replace existing metal cap and shelf

Ourcenr Ororreview Optreasecommenr O prease repiy O71 please RECYCLE

NOTES/COMMENTS:

Detailed breakdown of additional costs:

Labor:

2 roofers 8 days/10 hours per day @ $75.00 per hour = $12,000.00
Shop fabricator 2 day / 5 hours per day @ $75.00 per hour = $750.00
Material:

040 Standard Color Metal 48 sheets @ $85.58 per sheet = $4,060.00
Ice and Water Shield 8 rolls @ $230.00 per roll = $1,840.00
Nails 2 boxes @ $118.25 per box = $236.50
Manlift $2,650.00
Dumpster $850.00
Mark-up10% $2,238.50

Total cost to furnish and install new metal: $24,625.00

ROCKWELL ROOFING INC.

44 POND STREET
LEOMINSTER, MA 01453
978.537.7825 PHONE
978.537.3867 FAX

CHANGE ORDER REQUEST PROPOSAL #003

TO: FROM
William Keating Bob Barry
COMPANY DATE,
City of Nashua Wastewater Engineer FEBRUARY 1, 2016
PHONE
PROJECT LOCATION
Nashua Wastewater Treatment Facility Nashua, NH
Roof Replacement
RE:

Caulk joint at the grit building

Oourcenr Oror review Oeieask comaenr © pease REPLY O PLEASE RECYCLE

NOTES, COMMENTS

Detailed breakdown of additional costs:

Labot:

2 roofers 1 day/6 hours per day @ $75.00 per hour = $900.00
Matezial:

Backer Rod 1 rolls @ $26.00 per roll = $26.00
Caulk 8 tubes @ $9.00 per tube = $72.00
Mark-up10% $100.00

Total cost to furnish and install new caulking: $1,098.00

REPORT OF THE FINANCE COMMITTEE
FEBRUARY 17, 2016

A meeting of the Finance Committee was held on Wednesday, February 17, 2016, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chair, presided.

Members of the Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman Benjamin M. Clemons
Alderman June M. Caron
Alderman Ken Siegel

PUBLIC COMMENT — None
COMMUNICATIONS

From: Stephen M. Bennett, Esq., Corporation Counsel
Re: Nashua Collegiate Baseball, Inc.
e Referred to Committee — 2/10/16

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE CITY TO ENTER
INTO THE SECOND AMENDMENT TO CONCESSION AGREEMENT WITH NASHUA COLLEGIATE
BASEBALL, INC.

MOTION CARRIED

From: John L. Griffin, CFO/Comptroller
Re: Melanson Heath Presentation —February 17, 2016

MOTION BY ALDERMAN SIEGEL TO TABLE THE COMMUNICATION

Mayor Donchess

The reason they are not here is one of the people that was going to present has a health problem and could
not come tonight. If we table this communication then we can have them come in next time.

MOTION CARRIED

UNFINISHED BUSINESS — None
NEW BUSINESS — None
RECORD OF EXPENDITURES

MOTION BY ALDERMAN SIEGEL THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
JANUARY 29, 2016 TO FEBRUARY 11, 2016

MOTION CARRIED