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To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: July 28, 2022

Daniel Hudson, P.E., City Engineer
Engineering Department

2022 Sewer Rehabilitation — Siphon Rehabilitation Construction

To approve the construction contract for Siphon Rehabilitation with Insituform
Technologies LLC of Chesterfield, MO in an amount of $1,173,000. Funding will
be through Department: 169 Wastewater; Fund: Bond; Activity: Sewer
Infrastructure Improvements.

During Phase 1 of the Capacity, Management, Operation and Maintenance
(CMOM) program, eight locations where inverted sewer siphons convey
wastewater from one side of a waterway to the other side were cleaned and
inspected using closed circuit television (CCTV). Fourteen of the 22 siphon
sections, ranging in size from 8 inches to 36 inches, were identified with
deficiencies that include cracks, erosion of cement lining, corrosion, holes, and
exposed rebar. Rehabilitation of these pipes will be completed using cured-in-place
pipe lining (CIPP) methods. Strategies to temporarily redirect wastewater flow
through different barrels are required to make the repairs. Access to these sites with
lining equipment will be a challenge and will likely require tree and vegetation
removal.

This project was advertised for bid on June 14, 2022. A mandatory prebid meeting
was held on June 23, 2022 and three contractors attended. On July 14, 2022, the
following bids were received:

Insituform Technologies LLC of Chesterfield, MO $1,173,000.00
National Water Main Cleaning Co. of Boston, MA $1,337,750.00

Insituform Technologies at a bid price of $1,173,000.00 is the qualified low bidder.
Their references have been checked by engineering consultant Hazen.

NHDES Front End Documents
Section B: Contract

Section B: Contract

Notice Of AWard oo... ccececccececesecssees see eeeeeeeeaceeaceeaaecaaeceae cae cae eeaesaeeeeeeseaeeeaeeeaaeeaaecaaeceaeceaeceaeeaaeeaaeeseeeseaeeeaeeeaeeeadecaeseaeeeaeeeaeeeas 1
Acknowledgement of Notice ........ccccccccccccsssccecsssececsesaeeecsseeeecsesaeeecsssaeeecsssaeeecsscseeecsesaeeecseaaeeecseaaeeecsesaeeecsesaeeecseaaaesesesaeeecses 2
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Acknowledgement Of Notice ........ccccccccccccssscccccsssececssaeeecsssaeeecsssaeeecsseaeeeesesaeeecssesaeeeseeaeeecseaaeeecseaaeeecsesaeeecsesaeeecsesaaeeecesaeeecses 9
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Certificate of Substantial COMpPIletiON...........cccccccccsssscecssssececeesaececsseaeeeesseaeeecsseeaeeecssseeecseseeeecsesaeeecsesaeeecsesaeeecsesaeeeceseaaeecses 11
Certificate Of Final COMPLETION .0......c cc ecccccccsssscecseseeeecsssaececseseeeecessaeeecsseaeeeecsseaeeesssaeeecsesaeeecsesaeeecsesaeeecsesaeeecsesaaeeecesaeeecses 13
Contractors Affidavit... cece cece ceeeceeeceeaeceseeeceeeaeeeaeeeaceeaaecaaeceaeceaeceaeceaeceaaeceaececessaeeeaeeeaeeeaceeaaecaaecsaeseaecedeceaeeeaeseaeeeeeeeaeeeaes 14

NOTICE OF AWARD

Dated
TO: Insituform Technologies, LLC
ADDRESS: 17988 Edison Avenue Chesterfield MO 63005
Street Address City/Town State ZIP
Project Number N/A Owner Contract Number IFBO779-071422
Project : Siphon Rehabilitation Contract For: Siphon Rehabilitation

You are notified that your bid dated for the above contract has been considered. You are the apparent successful bidder
and have been awarded a contract for:

(Indicate total Work, alternates or sections of Work awarded)

The Contract Price of your contract is One Million One Hundred Seventy-Three Thousand dollars ($1,173,000)

1 copy of the proposed Contract Documents (except Drawings) accompany this Notice of Award. The same number of
sets of the drawings will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent within 10 calendar days of receiving this Notice of Award.

1. You must deliver to the OWNER all of the fully executed counterparts of the Agreement including all the Contract
Documents. This includes the sets of drawings. Each of the Contract Documents must bear your signature on (the
cover) (every) page.

2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Information for
Bidders and General Conditions.

3. (List all other conditions of precedent.)

Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to
annul this Notice of Award and to declare your Bid Security forfeited.

Within 10 calendar days after receipt of acceptable performance BOND, payment BOND and agreement signed by the
party to whom the Agreement was awarded, the OWNER will return to you one fully signed counterpart of the
Agreement with the Contract Documents attached.

(OWNER)

(Authorized Signature)

(Title)

Page 1 of 15

ACKNOWLEDGEMENT OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged:

By: , the day of , 20 by

[title]

Copy to ENGINEER (Use Certified Mail, Return Receipt Requested)

Page 2 of 15

AGREEMENT

THIS AGREEMENT, made this day of , 20 by and between The City of Nashua, New Hampshire,
hereinafter called “OWNER” and Insituform Technologies, LLC doing business as Limited Liability (an individual, a partnership
ora corporation) hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1.
2.

3.

5.

The CONTRACTOR will commence and complete the construction of Siphons Rehabilitation Project (“PROJECT”).
The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary
for the construction and completion of the PROJECT described herein.

The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 30 calendar days
after the date of the NOTICE TO PROCEED unless the period for completion is extended otherwise by the
CONTRACT DOCUMENTS. Completion time for the project will be calculated as calendar days from the date
specified in the NOTICE TO PROCEED as follows:

182 calendar days for substantial completion.

212 calendar days for final completion.

Liquidated damages will be in the amount of $1,500.00 for each calendar day of delay from the date established
for the substantial completion and $1,500.00 for each calendar day of delay from the date established for final
completion.
The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with
the terms therein for the sum of One Million One Hundred Seventy-Three Thousand Dollars ($1,173,000) as
shown in the BID schedule.
The term "CONTRACT DOCUMENTS" means and includes the following:

a. ADVERTISEMENT FOR BIDS

b. INFORMATION FOR BIDDERS

BID

BID BOND

NOTICE OF AWARD

AGREEMENT

PAYMENT BOND

PERFORMANCE BOND

i. CERTIFICATE OF INSURANCE

j. NOTICE TO PROCEED

k. CHANGE ORDER(S)

|. CERTIFICATON OF SUBSTANTIAL COMPLETION
m. CERTIFICATION OF FINAL COMPLETION

n. CONTRACTOR'S AFFIDAVIT

o. CONTRACTOR'S RELEASE
p
q
r

> * oO 2 9

GENERAL CONDITIONS

SUPPLEMENTAL GENERAL CONDITIONS

SPECIAL CONDITIONS
s. DRAWINGS prepared by: Hazen and Sawyer numbered G-01 through TC-01 and dated June 9, 2022.
t. SPECIFICATIONS prepared or issued by: Hazen and Sawyer and dated June 9, 2022.

Page 3 of 15

u. ADDENDA

No. dated 20
No. dated 20
No. dated 20
No. dated 20

The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions
such amounts as required by the CONTRACT DOCUMENTS.
This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,

successors and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials this

Agreement in copies, each of which shall be deemed an original on the date first above written.
OWNER:
By:
NAME:
(SEAL)
ATTEST:
NAME:
TITLE:
CONTRACTOR:
BY:
(SEAL)
NAME:
ADDRESS:
ATTEST:
NAME:
TITLE:

Page 4 of 15

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
, (contractor name),
, (contractor address), a
(corporation partnership, individual), hereinafter called
Principal, and , (surety name),
, (surety address) herein after called
surety, are held and firmly bound unto ,
(owner name), , (owner address)
hereinafter called OWNER and unto all persons, firms, and corporations who or which may furnish labor, or who furnish
materials to perform as described under the contract and to their successors and assigns, in the total aggregate penal
sum of dollars, ($ ) in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
OWNER, dated the day of , 20___, acopy of which is hereto attached and made a part
hereof for the construction of

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and corporations furnishing
materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized
extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs
on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and for all
labor cost incurred in such WORK including that be a subcontractor, and to any mechanic or materialman lienholder
whether it acquires its lien by operation of State or Federal Law; then this obligation shall be void; otherwise to remain in
full force and effect.

PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and persons, firms, and
corporations having a direct contract with the PRINCIPAL or its SUBCONTRACTORS.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the
SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS.

PROVIDED, FURTHER that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other
than one having a direct contract with the PRINCIPAL shall have given written notice to any two of the following: The
PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the
last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or
labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place where an office is
regularly maintained for the transaction business, or served in any manner in which legal process may be served in the
state in which the aforesaid project is located, save that such service need not be made by a public officer; (b) After the
expiration of one (1) year following the date on which PRINCIPAL ceased work on said CONTRACT, it being understood,
however, that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such
limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

Page 5 of 15

PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the
contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of
the Contract as so amended. The term "Amendment", wherever used in this BOND and whether referring to this BOND,
the contract or the loan Documents shall include any alteration, addition, extension or modification of any character
whatsoever.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in

counterparts, each one of which shall be deemed an original this day of ,20-
ATTEST:
(PRINCIPAL)
BY:
(Principal) Secretary
BY:
(ADDRESS)
BY:
Witness as to Principal
(ADDRESS)
(SURETY)
ATTEST: BY:
(ATTORNEY in FACT)
BY:
Witness to Surety (ADDRESS)

NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the State of New Hampshire.

Page 6 of 15

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that

, (contractor name),
, (contractor address), a
(corporation partnership, individual), hereinafter called

Principal, and , (surety name),

, (surety address) herein after called
surety, are held and firmly bound unto , (owner name),

, (owner address) hereinafter called
OWNER in the total aggregate penal sum of dollars, ($ Jin lawful money of

the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
OWNER, dated the day of , 20___, acopy of which is hereto attached and made a part
hereof for the construction of

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants,
terms, conditions, and agreements of said contract during the original term thereof, and any extension thereof which
may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if the
PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless
the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay
the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be
void: otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the specifications
accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such
change, extension of time alteration or addition to the terms of the contract or to the WORK or to the specifications.

PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the
contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of
the Contract as so amended. The term "Amendment", wherever used in this BOND and whether referring to this BOND,
the contract or the loan Documents shall include any alteration, addition, extension or modification of any character
whatsoever.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.

Page 7 of 15