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Finance Committee - Agenda - 10/4/2017 - P29

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
29
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

Prepared By:
administrator

2016 Fleet/Non-Retail Ford Super Duty F-250 SRW 4WD SuperCab 158" AL

WARRANTY INFORMATION
WARRANTY INFORMATION - 2016 Fleei/Non-Retail X28 4D SuperCab 158" XL

WARRANTY
Basic:
3 Years/36,000 Miles

Drivetrain:
5 Years/60,000 Miles

Corrosion:
5 Years/Unkimited Miles

Roadside Assistance:
5 Years/60,000 Miles

Report content is based on current data version referenced. Any performance-related calculations are offered solely as
guidelines. Actual unit performance will depend on your operating conditions.

GM AutoBook, Data Version: 505.0, Data updated 8/22/2017
© Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved.

Customer File:
August 29, 2017 12:20:11 PM Page 17

Page Image
Finance Committee - Agenda - 10/4/2017 - P29

Finance Committee - Agenda - 10/4/2017 - P30

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
30
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

} THE CITY OF NASHUA “The Cate City"

Financial Services

Purchasing Department

September 28, 2017
Memo #18-033

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: DIGESTER CLEANING PROJECT (VALUE: $237,310)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Noelle Osborne, Plant Operations Supervisor Wastewater
Department dated September July 28, 2017 for the 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 Plant Operations Supervisor Wastewater Department, the Board of Public Works (8/28/2017
meeting) and the Purchasing Department recommend the award of this contract to Denali Water
Solutions of Russellville, AR in the amount of $273,310.

Resp ctfully,

/ Dan Kooken
Purchasing Manager

Cc: N Osborne L Fautuex

|

j229 Main Street » Nashua, New Hampshire 03061 « Phone (603) 589-3330 « Fax (603) 589-3233 |

Page Image
Finance Committee - Agenda - 10/4/2017 - P30

Finance Committee - Agenda - 4/6/2022 - P256

By dnadmin on Sun, 11/06/2022 - 21:44
Document Date
Fri, 04/01/2022 - 08:56
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/06/2022 - 00:00
Page Number
256
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__040620…

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SECTION 01110

CONTROL OF WORK AND MATERIALS

General

Hauling, Handling and Storage of Materials

Open Excavations

Maintenance of Traffic

Care and Protection of Property

Protection and Relocation of Existing Structures and Utilities
Maintenance of Flow

Rejected Materials and Defective Work

Sanitary Regulations

Site Investigation

Existing Utility Locations — Contractor’s Responsibility
Cutting, Fitting and Patching

1. General

Scope: The requirements under this section are applicable to all work completed under

this Contract.

2. Hauling, Handling and Storage of Materials

A.

B.

The Contractor shall, at his own expense, handle and haul all materials furnished by
him and shall remove any of his surplus materials at the completion of the work.

The Contractor shall provide suitable and adequate storage for equipment and
materials furnished by him that are liable to injury and shall be responsible for any
loss of or damage to any equipment or materials by theft, breakage, or otherwise.

All excavated materials and equipment to be incorporated in the Work shall be placed
so as not to injure any part of the Work or existing facilities and so that free access can
be had at all times to all parts of the Work and to all public utility installations in the
vicinity of the work. Materials and equipment shall be kept neatly piled and compactly
stored in such location as will cause a minimum of inconvenience to public travel and
adjoining owners, tenants and occupants.

The Contractor shall be responsible for all damages to the work under construction
during its progress and until final completion and acceptance even if progress
payments have been made under the Contract.

3. Open Excavations

A. If/where applicable, all open excavations shall be adequately safeguarded by
providing temporary barricades, caution signs, lights and other means to prevent
accidents to persons, and damage to property. The Contractor shall, at his own

2022 Sewer Replacement Project Control of Work and Materials

Nashua, NH 01110-1

Page Image
Finance Committee - Agenda - 4/6/2022 - P256

Finance Committee - Agenda - 10/4/2017 - P31

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
31
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

To:

From:

Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 28, 2017

Noelle Osborne, Plant Operations Supervisor
Wastewater Department

Digester Cleaning Project

To approve maintenance services for the Digester Cleaning to Denali Water
Solutions of Russellville, AR in the amount of $237,310. Funding will be
through: Department: 169 Wastewater; Fund: Wastewater; Account Category: 81
Building Improvements.

Denali Water Solutions Bid

The Primary Digester at the Nashua Wastewater Treatment Facility was last
cleaned out in 2006 and the secondary digester in 2013. Digesters need to be
cleaned to remove inorganic and grit material that can accumulate in the structures
over time. This material can decrease the capacity and the performance of the
digesters.

The primary digester contains a volume of 1,300,000 gallons and the secondary
digester contains a volume of 275,000 gallons. Cleaning of these structures
requires a specialized company with portable dewatering equipment to quickly
and efficiently process the large volumes, allowing us to get the digesters back
online as quickly as possible. It is estimated that it will take up to 30 days to
setup, dewater all the sludge and inspect the interior of each vessel. In the event
that the inspection shows repairs are needed, it would be necessary to hire a
separate contractor outside the scope of this work.

This project was sent out to bid on August 11, 2017 with bids due on September
5, 2017. The request for proposal was sent directly to the three firms located in the
New England area. One bid was received from Denali Water Solutions, which has
a local office in West Springfield, MA. Their bid was considered reasonable and
came in well below the engineer’s estimate.

This company has satisfactorily assisted the NWTF with dewatering of the sludge
storage tanks in the past. Other references were checked and found to be favorable
as well. Work is projected to start in mid to late October and should be completed
before the end of November.

Page Image
Finance Committee - Agenda - 10/4/2017 - P31

Finance Committee - Agenda - 10/4/2017 - P32

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
32
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire
229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: Denali Water Solutions
3308 Bernice Avenue
PO Box 3036
Russellville, AR 72811
and its successors, transferees and assignees
(together “CONTRACTOR”)

For the following Project: | Primary and Secondary Digesters Cleaning
IFB0285-083117

ARTICLE 1 —- THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this
project. The documents consist of:

1. This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

2. Exhibit A : Invitation For Bid, dtd August 11, 2017, with Addendums;

Exhibit B: Scope of Work;

Exhibit C: Bid Schedule, dtd September 22, 2017 and Bid Schedule Definitions &

Requirements ;

Exhibit D: Denali Water Solutions Bid Submission, dtd September 4, 2017;

Insurance Certificate;

Payment and Performance Bonds (if applicable);

Written change orders for minor changes in the Work issued after execution of this

Agreement; and

9. Fully Executed OWNER Purchase Order

=?

PIN

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

Page 1 of 12

Page Image
Finance Committee - Agenda - 10/4/2017 - P32

Finance Committee - Agenda - 10/4/2017 - P33

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
33
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

ARTICLE 2 — PERIOD OF PERMANCE

CONTRACTOR shall perform and complete all work within the time periods set forth and may
only be altered by the parties by a written agreement to extend the period of performance or by
termination in accordance with the terms of the contract. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

ARTICLE 3 — CONTRACT SUM

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

Two Hundred Thirty-Seven Thousand Three Hundred Ten Dollars —_ ($237.310.00)

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

ARTICLE 4 — INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:
> General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;

*Coverage must include all owned, non-owned and hired vehicles.

> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$ 100,000.

CONTRACTOR and subcontractors at every tier will fully comply with NH RSA Chapter
281-A, “Workers’ Compensation”.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under
this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub
consultants, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shaii be no:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

3. Participation in group insurance plans which may be available to employees of the
OWNER;

4. Participation or contributions by either the independent CONTRACTOR or the OWNER

to the public employee’s retirement system;

Accumulation of vacation leave or sick leave provided by the OWNER;

6. Unemployment compensation coverage provided by the OWNER.

™

Page 2 of 12

Page Image
Finance Committee - Agenda - 10/4/2017 - P33

Finance Committee - Agenda - 10/4/2017 - P34

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
34
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days after
the OWNER issues the notice of award. The OWNER requires thirty days written notice of
cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of
New Hampshire. General Liability and Auto Liability policies must name the OWNER as an
additional insured and reflect on the certificate of insurance. CONTRACTOR is responsible for
filing updated certificates of insurance with the OWNER's Risk Management Department during
the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, CONTRACTOR must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of insurance.

> The specified insurance requirements do not relieve CONTRACTOR of _ its
responsibilities or limit the amount of its liability to the OWNER or other persons, and
CONTRACTOR is encouraged to purchase such additional insurance, as it deems
necessary.

» The insurance provided herein is primary, and no insurance held or owned by the OWNER
shall be called upon to contribute to a loss.

> CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR 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 CONTRACTOR or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. CONTRACTOR’s indemnity, defense and hold harmless
obligations, or portions thereof, shail not apply to liability caused by the sole negligence or
willful misconduct of the party indemnified or held harmless.

Page 3 of 12

Page Image
Finance Committee - Agenda - 10/4/2017 - P34

Finance Committee - Agenda - 10/4/2017 - P35

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
35
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

General Terms and Conditions

ARTICLE 5 — GENERAL PROVISIONS

Ml.

The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.

The term “Work” means the construction and services required by the Contract Documents,
and include all other labor, materials, equipment and services provided by the
CONTRACTOR to fulfill the CONTRACTOR’s obligations.

The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the CONTRACTOR. The Contract Documents
are complementary, and what is required by one shall be as binding as if required by all.

The CONTRACTOR shall take no advantage of any apparent error or omission in the
Technical Specifications, and the Engineer will be permitted to make such corrections and
interpretations as may be deemed necessary to fulfill the intent of the Contract Documents.

ARTICLE 6 —- OWNER

1,

If the CONTRACTOR fails to correct Work that is not in accordance with the Contract
Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work
until the correction is made.

If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a seven (7) 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. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
the CONTRACTOR.

The OWNER reserves the right to perform operations related to the project with the
OWNER’s own forces, and to award separate contracts in connection with other portions
of the project.

The CONTRACTOR shall coordinate and cooperate with separate CONTRACTORs
employed by the OWNER.

Costs caused by delays or by improperly timed activities shall be borne by the responsible
party.

Page 4 of 12

Page Image
Finance Committee - Agenda - 10/4/2017 - P35

Finance Committee - Agenda - 10/4/2017 - P36

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
36
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

ARTICLE 7—- CONTRACTOR

1.

Execution of the Contract by the CONTRACTOR is a representation that the
CONTRACTOR has visited the site, become familiar with local conditions under which
the Work is to be performed and correlated personal observations with requirements of the
Contract Documents.

The CONTRACTOR shall carefully study and compare the Contract Documents with
each other and with information furnished by the OWNER. Before commencing activities,
the CONTRACTOR shall: (1) carefully compare this and other information known to the
CONTRACTOR with the Contract Documents; and (2) promptly report errors,
inconsistencies or omissions discovered to the OWNER.

Within ten (10) days of notification of award, and prior to commencement of work, the
CONTRACTOR shall obtain and forward to OWNER a Performance Bond and a
Payment Bond representing 100% of the contract work.

The CONTRACTOR shall supervise and direct the Work, using the CONTRACTOR’s
best skill and attention. The CONTRACTOR shall be solely responsible for and have
control over methods, techniques, sequences and procedures, and for coordinating all
portions of the Work.

The CONTRACTOR, as soon as practicable after award of the Contract, shall furnish in
writing to the OWNER the names of subcontractors or suppliers for each portion of the
Work. The OWNER will promptly reply to the CONTRACTOR in writing if, after due
investigation, he has reasonable objection to the subcontractors or suppliers listed.

Unless otherwise provided in the Contract Documents, the CONTRACTOR shall provide
and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities
and services necessary for proper execution and completion of the work.

The CONTRACTOR shall pay sales, consumer, use and similar taxes that are legally
required when the Contract is executed.

The CONTRACTOR shall comply with and give notices required by agencies having
jurisdiction over the Work. If the CONTRACTOR performs Work knowing it to be
contrary to laws, statutes, ordinances building codes, and rules and regulations without
notice to the OWNER, the CONTRACTOR shall assume full responsibility for such
Work and shall bear the attributable costs. The CONTRACTOR shall promptly notify the
OWNER in writing of any known inconsistencies in the Contract Documents with such
governmental laws, rules and regulations.

The CONTRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits, the Contract Documents and the OWNER.

Page 5 of 12

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Finance Committee - Agenda - 10/4/2017 - P36

Finance Committee - Agenda - 10/4/2017 - P37

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 10/04/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/04/2017 - 00:00
Page Number
37
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100420…

ARTICLE 8 - CHANGES IN THE WORK

1.

After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. The OWNER, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.

A Change Order shall be a written order to the CONTRACTOR signed by the OWNER
to change the Work, Contract Sum or Contract Time.

Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the Board of
Public Works and the OWNER’s Finance Committee vote prior to proceeding.

The OWNER will have authority to order minor changes in the Work not involving
changes in the Contract Sum or the Contract Time and not inconsistent with the intent of
the Contract Documents. Such changes shall be written orders and shall be binding on the
OWNER and CONTRACTOR. The CONTRACTOR shall carry out such written orders

promptly.

If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable
adjustment following authorization of the OWNER to the charges.

ARTICLE 9 — TIME

1.

2.

Time limits stated in the Contract Documents are of the essence to the Contract.

If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered
in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the CONTRACTOR’s control, the Contract Time shall be
extended by Change Order for such reasonable time as may be determined.

ARTICLE 10 —- PAYMENTS AND COMPLETION

1.

The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work
under the Contract Documents.

Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application
for Payment for operations completed in accordance with the values stated in the
Agreement. Such application shall be supported by such data substantiating the
CONTRACTOR’s right to payment as the OWNER may reasonably require.

Page 6 of 12

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Finance Committee - Agenda - 10/4/2017 - P37

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