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City of Nashua re ea a
Community Development Division Code Cnforcovnent 230.3100
City Hall, 229 Main Street, PO Box 2019 Ttaneportation Department 880-0100
Nashua, New Hampshire 03061-2019 eyatenays oo ei19

www.nashuanh.gov

Date: December 4, 2020
To: John Griffin, CFO; Kelly Parkinson, Purchasing Manager
From: Sarah Marchant, Community Development Division Director

Re: = Jackson Mills Turbine, Generator and Controls (TGC) Replacement

Background

The City of Nashua became the owner/operator of the Jackson Mills hydroelectric facility in
January of 2015, after the 30 year lease with the operator expired. This one megawatt facility
produces an average of 4,000,000 kwh of clean power per year which the City net meters to
maximize revenue. This facility was originally built in 1984 and as such is in need of
replacement of the turbine, generator and major controls. The project has been repaired twice
since 2015 in an attempt to keep it going until we can get started on a replacement.

The City has hired The HL Turner Group as the project engineer and has contracted with Mavel
Americas to fabricate the new turbine. The remaining requirement for the project is to hire the
General Contractor that will be responsible for removal of existing turbine, generator, and
controls; preparation of the site and Powerhouse for new equipment; and installation, startup and
testing of new equipment.

Bond Authorization

In preparation for the replacement the Mayor and Board of Aldermen passed R-19-142
authorizing the issuance of bond for improvements to both Mine Falls and Jackson Mills hydro
projects. The issuance of the bond specifically included a new turbine, generator and
replacement controls (TGC) at Jackson Mills.

General Contractor

Bancroft was part of the original installation team in the 1980’s and they are the only general
contracting firm in this region with expertise in hydro facilities. In addition, they have recently
completed work for Pennichuck who recommended Bancroft to the City. In accordance with
NRO 5-84 Special Purchase Procedures competitive bidding shall not be required for specialized
services when evaluated in the context of that NRO.

The City, in conversations with Essex Power Services and HL Turner, solicited Bancroft
Contracting as the general contractor for the project. In evaluating price, the City spoke with
Pennichuck who went out to bid for a major dam project. Bancroft was the lowest bidder on their
dam reconstruction project, which included similar highly specialized work to build coffer dams,
dewater and provide specialized construction services. Pennichuck reported that the project was
completed on time and budget. In addition to Pennichuck’s positive experience with Bancroft,
the team of professionals at Bancroft includes a number of the same staff who originally built

Jackson Mills Dam in the 1980s. Bancroft has extensive experience at this unique dam and
competitive pricing.

Timeline

The timeline of this project is extremely sensitive to completing the work in low flow conditions,
generally late summer into early fall. As such, part of selecting a general contractor is their
ability to deliver the installation during the summer and fall of 2021.

Attached is a high level scope of work Bancroft will provide. After many months of analysis the
Community Development Division recommends awarding the contract for the General
Contractor for the Jackson Mills Hydroelectric Turbine, Generator and Controls replacement to
Bancroft Contracting Corporation of South Paris, ME, in the amount of $2,664,500.

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STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2020 by and between
the City of Nashua, New Hampshire (hereinafter called OWNER) and Bancroft Contracting Corporation
and its successors, transferees and assignees together (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:

The work is located at the Jackson Mills Hydroelectric project. The work includes removal of
existing turbine, generator, and controls: preparation of the site and Powerhouse for new equipment:
and installation, startup and testing of new equipment.

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by: The HL Turner Group
27 Locke Road
Concord, NH 03301

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
401 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

A. The anticipated start date of the contract is on or about _December 31, 2020. Project will
begin once a written “Notice to Proceed” is issued. Substantial Completion shall be by January 1, 2022.
Substantial Completion occurs when all work is complete except punch list items. Final completion shall be
by February 28, 2022. Final completion occurs when all work including the punch list items is completed
and ready for final payment.

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Substantial completion is defined as that point in time at or after commissioning when the local
power utility, Eversource, accepts the facility as a “merchant power plant” satisfying the requirements of grid
interconnection to transport and receive compensation for the power/energy it delivers to Eversource.

Merchant power plants are a form of non-utility or independent power generation designed for
competitive wholesale power marketplaces. Unlike conventional independent power projects, merchant
plants do not have upfront, long-term power purchase agreements to cover their output. Merchant plants are
being built to sell to competitive, spot markets.

4.03 Liguidated 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 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 each calendar 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 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:

TWO MILLION, SIX HUNDRED SIXTY-FOUR THOUSAND, FIVE HUNDRED DOLLARS ($2,664,500)

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.

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C. Clarifications as set forth CONTRACTOR’S Bid Proposal, as incorporated herein and
attached hereto as Exhibit A.

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. Applications for Payment under this agreement shall be submitted electronically via email to

VendorAPInvoices(@NashuaNH. gov
and
Deb Chisholm: chisholmd@NashuaNH. gov

In addition, and to facilitate the proper and timely payment of applications, the OWNER requires that
all submitted invoices contain a valid PURCHASE ORDER NUMBER

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

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A. — Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the
General Conditions, OWNER shall hold 2% retainage of the escrow account balance 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 (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
provided by the ENGINEER including site survey, bathymetric survey as well as point cloud survey as provided
in paragraph 4.02 of the General Conditions and (2) reports and drawings of 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

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J. 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.

K. 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.
1. The Contract Documents are defined in Article 1 of the General Condition as amended
herein.
2. The following documents are incorporated by reference or otherwise indicated:

a. CONTRACTOR’S Bid Proposal attached hereto as Exhibit A;

b. Project Description - Jackson Mills Turbine Replacement Project - City of Nashua
attached hereto as Exhibit B;

c. CONTRACTOR’S Project Schedule attached hereto as Exhibit C;

d. CONTRACTOR’S labor rates provided pursuant to paragraph 11.01 of the General
Conditions and attached hereto as Exhibit D; and

e. CONTRACTOR’S equipment rates provided pursuant to paragraph 11.01 of the
General Conditions and attached hereto as Exhibit E.

In the event of a conflict between the terms of the proposal and the terms of this Agreement, a
written change order and/or fully executed City of Nashua Purchase Order, the terms of this

Agreement, the written change order or the fully executed City of Nashua Purchase Order shall control
over the terms of the proposal.

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 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

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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 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.

Address for giving notices to OWNER: Address for giving notices to CONTRACTOR:
Deb Chisholm, Waterways Manager Garrick Frost

City Hall Bancroft Contracting Corporation

229 Main Street 23 Phillips Road

Nashua, NH 03060-2019 South Paris, Maine 04281

With a copy to

Cellia K. Leonard, Deputy Corporation Counsel
229 Main Street, Nashua, NH 03060-2019

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

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CONTRACTOR:

Date:

By:

Print Name:

Date:

(Authorized Representative)

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THE CITY OF NASHUA “The Gate City"

December 9, 2020
Memo #21-065

Adwunistrative Services
Purchasing Department

TO: Mayor Donchess
Finance Committee

SUBJECT: Cartegraph Software Expansion in the amount of $17,283.33 funded from account 71228
Computer Software

Please see attached communications from Bruce Codagnone, CIO/IT Director, dated October 21, 2020 for
project specific details related to this purchase. Below please find a summary of the purchase approval

request:
Item:
Value:
Vendor:
Department:

Source Fund:

Ordinance:

3-Year Amendment to expand use of Cartegraph Software to include DPW
implementation & training

$17,283.33

Cartegraph

160 Engineering, (20%) 168 Solid Waste (30%) & 169 Wastewater (50%)

71228 Computer Software

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting,
architectural, auditing, engineering, legal, medical and ambulance services and
purchases of independent professional consultant services for personnel, data
processing, actuarial, planning, management and other comparable purchases
competitive bidding shall not be required.

The Information Technology Department, the Department of Public Works and the Purchasing
Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: J Graziano
B Codagnone

229 Main Street * Nashua, New Hampshire 03061 ¢ Phone (603) 589-3330 « Fax (603) 589-3233