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Document A310 ™ — 2016

Conforms with The American Institute of Architects AIA Document 340

Bid Bond

CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status aid principal place af business)
Denali Wa : Westchester Fire Insurance Company
enali Water Solutions LLC 436 Walnut Street, P.O. Box 10000
3308 Bernice Avenue Philadelphia, PA 19106 legal consequences. Consultation
Russeliville, AR 72802 Malling Address for Notices with an attorney is encouraged
with respect to its completion or
OWNER: 436 Walnut Street, P.O. Box 1000 modification.
(Neune, legal status and address) Philadelphia, PA 19106 Any singular reference to
City of Nashu, NH Department of Public Works Contractor, Surety, Owner or
. other party shall be considered
229 Main Street plural where applicable.

Nashua, NH 03061

BOND AMOUNT: $ 5% Five Percent of Amount Bid

PROJECT:
(Name, location or address, and Project nunitber, ifam)

IFB0285-083117; Primary and Secondary Digesters Cleaning

The Contractor and Surety arc bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. Tho conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such tinve period
as may be agreed to by the Owner and Contractor, and the Contractor cither (1) enters into a contract with the Owner in accordance with
the terms of such bid, and gives such bond or bonds as may be specilied in the bidding or Contract Documents, with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof or (2) pays to the Owner the difference, not to exceed the amount of
this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another
party fo perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The
Surety hereby waives any notice of an agreement belween the Owner and Contractor to extend the time in which the Owner may accept the
bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtuin the Surely’s conseni for an extension beyond
sixty (60) days.

If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be. me

igh Ee

Subcontractor and the term Owner shall be deemed to be Contractor. mae
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any pr : at

this Bond conllicting with suid statutory or legal requirement shall be deemed deleted herefrom and provisions conforming fF.” seine
statutory or other legal requirement shall be deemed incorporated herein, When so furnished, the intent is that this Bond she "St

asa statutory bond snd nol as a common law bond. | ese
Signed and sealed this Sth day of September, 2017 ae Ta %

a Denali Water Solutions LLC
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(itess) ff. De
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/ 4 TH Indy MEN HW CED”
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(Vimess) Sharon A Foulk

S$-0054/AS 8/10

State of Illinois

County of Cook

SURETY ACKNOWLEDGEMENT (ATTORNEY-IN-FACT)

I, Karen E Socha Notary Public of Cook County, in the State of Illinois
do hereby certify that Harold Miller Jr. Attorney-in-Fact, of the Westchester Fire
Insurance Company who is personally known to me to be the same person whose

name is subscribed to the foregoing instrument, appeared before me this day in person, and
acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the

Westchester Fire Insurance Company for the uses and purposes therein set forth.

Given under my hand and notarial seal at my office in the City of Rolling Meadows in

said County, this 5th day of September 2017

Ze LC

ene

Notary Public Karen E Socha
My Commission expires: January 13, 2020

ic Y
OFFICIAL SE
KAREN E SOCK F WLUNO'S ;

- STATE
NOTARY SION EXPIRESON 13/20
wy

Power of Attorney Bond No. Bid Bond
Westchester Fire insurance Company

Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution, adopted by the Board of Directors of the said Company on December 11, 2006, to wit:

“RESOLVED, that the following authorizations relate to the exccution, for and on behalf of the Ci pany, of bonds, undertakings, i e and other written commiiments of the Company
entered into the ordinary course of business (cach a “Written Commitment’):

QQ) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to exccute any Written Commitment for and on behalf of the Company, under the seal of the Company or
athenvise,

(2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or athenwise, to the extent that

such action is authorized by the grant of powers provided for in such persons written appointment as such attorncy-in-fact .

Q) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attomey-in-fact of the Company with
fall power and authority io execute, for and on behalf of the Company, under the scal of the Company or othenvise, such Written Commitments of the Company as may be specified in such written
appointment, which specification may be by gencral type or class of Written Commitments or by specification of one ar more particular Written Commitments,

@) Each of the Chairman, the President and Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing any other officer of the Company the authority to
execute, for and on behalf of tho Company, under the Company's seal or othenvise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by
general type or class of Written Commitments or by specification of one or more particular Written Commitments.

(5) The signature of any officer or other person exccuting any Written Commi oF appoii or delegation p to this Resolution, and the seal of the Company, may be affixed by facsimile on such
Written Commitment or written appolnuncnt or delegaiion.

FURTHER RESOLVED, thal the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and suthority of officers, employecs and other persons to aci for and on bchaif of the
Company, and such Resolution shall not fimit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested,

Does hereby nominate, constitute and appoint Harold Miller Jr. ofthe City of { Rolling Meadows ),( IL ), each
individually if there be more than one named, its truc and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all
bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Twenty Five Million Dollars & Zero Cents
($25,000,000.00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly
executed and acknowledged by the regularly elected officers of the Company at its ptincipal office,

IN WITNESS WHEREOF, the said Stephen M. Hancy, Vice-President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 31st day of March 2017_.

WESTCHESTER FIRE INSURANCE COMPANY

Aizen M- (hn

Stephen M. Haney, Vice President

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.

On this 31st day of _ March AD, _2087_ before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of
Philadelphia came Stephen M. Haney , Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and
officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate
scal of said Company; that the said corporate scal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted
by the Board of Directors of said Company, referred to in the preceding instrument, is now in force,

IN TESTIMONY WHEREOF, J have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.

COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KAREN E. BRANDT,

Pubic LA
af Pia Cou feat
My Compocon Eee Sepeeice , 2018 Natary Public

I, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the criginal POWER OF ATTORNEY, of
which the foregoing is a substantially true and correct copy, is in full force and effect.

In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this 5th day
of September 2917 a

Dow. OLOLEX’

Dawn M. Chloros, Assistant Secretary

3308 Bernice Avenue

Russellville, AR 72802

PO Box 3036 = Russellville, AR 72811
Phone: 479-498-0500

MATER SOLUTIONS
WATER SOLUTIONS

Denali Water SolutionsDigester Cleaning References — 2017
(Denali Water acquired the dewatering assets of WeCare Organics, LLC in October 2016)

City of Nashua, New Hampshire
Emergency Dewatering Services
229 Main Street

Nashua, NH 03060-2019

Completion July 2015

Centact — Bill Keating 603-589-3125
Contract Value — $35.000.00

City of aston, PA

Digester Cleaning and Disposal Project
50A south Delaware Avenue

Easton, PA 18042

Completion May 2017

Contact: Chuck Wilson 610-250-6705.
Contract Value - $225,000.00

New York City DEP — Digester Cleanin
9605 Corona Blvd, Eimherst, NY
Contract Value $5,600,000.00
Completion May 2016

Digester Cleaning and Disposal
Contact: Mr. Ahmed Pourkalbasi 718-595-4835

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Danie] OConnell and Sons Digester Cleaning and Dispesai Project
Narragansett Bay Commission -Bucklin Point Plant

104 Campbell Avenue

East Providence, RI

Completion 11-25-2015

Contract value $260.000.00

Contact: Greg Waugh 413-530-1324

City of Bethlehem, PA

Department of Water and Sewer Services
144 Shimmersville Road

Bethlehem, PA 18015

Digester Cleaning

Completion January 2017

Contact: Tom Ackerman 610-865-7215
Contract Value - $70,000

THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

September 28, 2017
Memo #18-034

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: DIGESTER CLEANING PROJECT (VALUE: $109,342)
DEPARTMENT: 169 WASTEWATER; FUND: WERF

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 Waldron Engineering
of Raymond, NH in the amount of $109,342.

Loi

“ Dan Kooken
Purchasing Manager

Ce: N Osborne L Fautuex

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

B. All existing drainage facilities including, but not limited to: brooks, streams, canals,
channels, ditches, culverts, catch basins and drainage piping shall be adequately
safeguarded so as not to impede drainage or to cause siltation of downstream areas in
any manner whatsoever. If the Contractor damages or impairs any of the aforesaid
drainage facilities, he shall repair the same within the same day.

C. At the conclusion of the work, the Contractor shall remove all silt in drainage
structures caused by his operations.

8. Rejected Materials and Defective Work

A. Materials furnished by the Contractor and condemned by the Engineer as unsuitable or
not in conformity with the specifications shall forthwith be removed from the work by
the Contractor, and shall not be made use of elsewhere in the work.

B. Any errors, defects or omissions in the execution of the work or in the materials
furnished by the Contractor, even though they may have been passed or overlooked or
have appeared after the completion of the work, discovered at any time before the
final payment is made hereunder, shall be forthwith rectified and made good by and at
the expense of the Contractor and in a manner satisfactory to the Engineer.

C. The Contractor shall reimburse the Owner for any expense, losses or damages incurred
in consequence of any defect, error, omission or act of the Contractor or his

employees, as determined by the Engineer, occurring previous to the final payment.

9. Sanitary Regulations

Sanitary conveniences for the use of all persons employed on the work, properly screened
from public observation, shall be provided in sufficient numbers in such manner and at such
locations as may be approved. The contents shall be removed and disposed of in a
satisfactory manner, as the occasion requires. The Contractor shall rigorously prohibit the
committing of nuisances within, on or about the work. Any employees found violating
these provisions shall be discharged and not again employed on the work without the
written consent of the Engineer. The sanitary conveniences specified above shall be the
obligation and responsibility of the Contractor. They shall not be located on private
property unless written authorization from the property owner has been provided to the
Engineer.

10. Site Investigation

The Contractor shall be responsible for verifying and determining the location, size,
direction of flow (if applicable) and elevation of all existing utilities, shown or not shown
on the plans. Every effort has been made to accurately depict the existing sewer system,
including sewer services. However, due to the age of the system, there are no records for
some sewer services as indicated on the plan set. These situations, including other
unknown pipes encountered during excavation, may require additional investigations. The
City may avail staff and equipment to aid in the investigation. Considerations for delay
costs shall only be given in extreme circumstances.

2022 Sewer Replacement Project Control of Work and Materials
Nashua, NH O1110-4

To:

From:

Re:

C. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 28, 2017

Noelle Osbome, Plant Operations Supervisor
Wastewater Department

Energy Recovery Generator Upgrades — Design Phase Services

To award the design phase services for the Energy Recovery Generator Upgrades
project to Waldron Engineering of Raymond, NH in the amount of $109,342.
Funding will be through: Department: 169 Wastewater; Fund: WERF; Activity:
Energy Recovery Generator.

Energy Recovery Generator Upgrades — Design Phase Services -
Scope of Work and Fee

The Energy Recover Facility at the Nashua Wastewater Treatment Facility was
built in 2000. There have been no major upgrades to that facility since it was built.
The existing system utilizes digester methane gas that was fed to a single
Waukesha brand generator to supply electrical energy back into the power grid.
During the past year there have been a number of failures of the Waukesha
generator, with repairs being costly and parts being very difficult to come by.
After the latest failure this spring, the original unit and parts being out of
production, and the high cost to rebuild what we have, it was determined to be
cost prohibitive. It was decided to upgrade the generator with 2 units that can fit
within the existing building footprint, giving the Facility redundancy for this
important piece of equipment.

A request for qualification was sent out to four consultants on July 17" and
advertised on the Purchasing Department web site. Three of the consultants
responded back with proposals. Interviews were conducted on August 8"", and
initially Vanderweil Power Group was found most qualified with Waldron
Engineering a close second. During negotiations with Vanderweil, the consultant
was unwilling to setup the contract in the manner specified by City policies.
Discussions were then conducted with Waldron Engineering and they were
willing to setup a contract according to Nashua’s terms. Waldron Engineering is a
smaller firm, however, is considered to be equally qualified for this work.

Waldron Engineering will perform complete design phase services thru final
design and construction bidding. They will hire subconsultant Wright Pierce to
assist with the air permit and evaluating the condition of incoming digester gas
and how weil the existing gas cleansing equipment operates. References for
Waldron were checked and found to be favorable.

ENGINEERING DESIGN PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITY OF NASHUA, NEW HAMPSHIRE

This AGREEMENT made and entered into at HILLSBOROUGH County, New Hampshire, this

day of 20 , by and between City of NASHUA, NEW HAMPSHIRE hereinafter
called the OWNER, and WALDRON ENGINEERING and CONSTRUCTION, INC. hereinafter
called the ENGINEER.

WITNESSETH:

WHEREAS, the OWNER intends to construct Treatment Works as described within the Request for
Qualifications titled “Energy Recovery Generator Upgrades (RFQ0285-080417)” and dated July 17, 2017,
consisting of

the installation of 2 new gas generators to convert digester gas to electrical energy, relocation of
electrical switch gear and upsizing for new configuration, installation of 3 new heat exchangers, new
piping and associated accessories.

hereinafter called the PROJECT, and

WHEREAS, professional sanitary engineering services will be required for the preparation of plans
and specifications and contract documents, and

WHEREAS, such services are of a distinct professional nature and hence not subject to the bidding
process,

NOW THEREFORE, in consideration of these premises and of the mutual covenants herein set forth,
the OWNER hereby employs the ENGINEER to furnish the following engineering services in connection with
the proposed PROJECT; and it is agreed by and between the OWNER and the ENGINEER as follows:

NWTF ENERGY RECOVERY GENERATOR UPGRADES
02/08/06

ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

I. Services to be Performed by the ENGINEER

A. Upon execution of this AGREEMENT, the EN-
GINEER agrees to proceed with all engineering,
surveying, drafting, calculations, borings, and other
work as required and necessary to develop and produce
final plans, specifications, and associated contract
documents involved in the construction of treatment
works for the Energy Recovery Generator Upgrade
Project. Scope of Work attached as Exhibit A and Fee
Schedule attached as Exhibit B incorporated by

reference as if fully set forth herein.

The ENGINEER further agrees that said services shall

include, but shall not necessarily be limited to:

1. Plans, Specifications, and Contract Doc-

uments

a. The preparation of detailed plans,
specifications, and contract documents in
accordance with the rules and regulations
of the New Hampshire Department of
Environmental Services, Water Division,
hereinafter called the DIVISION, ready for
the receipt of bids and the award of con-
struction contracts for said construction;
the work shall also include the preparation
of estimates of the cost of construction
based on the contract documents. Prepare
applications with supporting and associat-
ed documents for Federal, State and other
grant or loan programs. Assists the
OWNER in securing grants or loans by

State, Federal and other agency.

b. The furnishing of all the necessary
subsurface investigations and field surveys
required for the preparation and comple-
tion of approved plans, specifications, and

contract documents.

c. The furnishing of ten-440} six (6)
copies of the final plans, specifications, and
contract documents to the OWNER; three
(3) copies of which are to be submitted to
the DIVISION. Additional copies to be

available at cost to the OWNER.

NWTF ENERGY RECOVERY GENERATOR UPGRADES

II.

Til.

Page 2 of 5

2. Site Acquisitions

a. Assistance to the OWNER including
preparation of documents for the acquisition
of lands, easements, and rights-of-way
essential to the construction of the PRO-
JECT.

The OWNER'S Responsibilities

A. — Assist the ENGINEER by placing at his disposal
all available information pertinent to the PROJECT, in-
cluding previous reports and other data relative to the
reports.

B. Make provisions for the ENGINEER to enter
upon public and private lands, municipal facilities and
industrial establishments as required to perform work
under this AGREEMENT.

C. The OWNER also agrees to comply with DI-
VISION and Federal requirements (where applicable)
and further agrees to acquire with the assistance of the
ENGINEER all the necessary easements, options or
outright purchases of land for the locations of said
treatment works as shown on the contract plans. The
provisions of this section shall be satisfied prior to
submission of documents referred to in III (A) below. It
is also understood that no approvals of reports or plans
and specifications or other associated documents will be
made by the DIVISION without fulfillment of this
requirement.

Time of Completion

A. The ENGINEER agrees that he will submit to the
DIVISION for approval after modification or revision
as recommended by the DIVISION and agreed to by the
ENGINEER, the completed final plans, specifications,
contract, and associated documents in compliance with
the current issue of the DIVISION's standards of design
within _ 90 consecutive calendar day following the
execution of this AGREEMENT, and deliver same to
the OWNER within _ 30 calendar days following
the date of final approval by the DIVISION.

B. It is agreed by the parties to this contract that
failure by the ENGINEER to complete the work within
the time stipulated under HI, A, above may be con-
sidered sufficient basis for the debarment of the ENGI-
NEER from the DIVISION'S Roster of Prequalified
Engineers as provided for under New Hampshire Code
of Administrative Rules Env-Wq 603.08, or the Assess-
ment of liquidated damages as provided for under RSA
485-A: 4, XII.

02/08/06

ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

iV. Compensation to be Paid the ENGINEER

A.

Method of Payments - Amounts of Fees

1. | Payment to the ENGINEER, for services
rendered, shall be according to the following
schedule:

Monthly billing based on hours and rates
by labor category with mark-up and inci-
dental expenses in accordance with the
attached fee schedule.

2. The OWNER agrees to pay and the ENGI-
NEER agrees to accept for all services under this
AGREEMENT, a fee not to exceed

One Hundred Nine Thousand Three Hundred

Forty-Two Dollars ($109,342.00).

3. If separate documents are required for
additional construction contracts on this PRO-
JECT, an additional fee as approved by the
DIVISION shall be paid to the ENGINEER.

4. Prior to formal approval of contract docu-
ments by the DIVISION, the ENGINEER shail
make such revisions in them as recommended by
the DIVISION and agreed to by the ENGINEER
without additional compensation. After formal
approval, if it becomes necessary to revise the
contract documents for reasons beyond the
control of the ENGINEER, payment for such
revision or revisions shall be made to the ENGI-
NEER subject to approval by the DIVISION.

Limits of All Payments

1, The ENGINEER hereby assures the
OWNER and agrees that the following fee for his
services (exclusive of surveys, borings, and
certain special services which follow) in con-
nection with the preparation of final plans, speci-
fications, and contract documents and other work
as generally described under I(A) is adequate to
complete the assignment and shall not exceed

One Hundred Nine Thousand Three Hundred

Forty-Two Dollars ($109,342.00)

NWTF ENERGY RECOVERY GENERATOR UPGRADES

Page 3 of 5

2. — Itis also agreed that payment to the ENGI-
NEER for services in relation to engineering
surveys, including layout and logging of borings,
probings or seismic surveys, together with plats
and project related special services shall be at
actual cost. Actual cost shall include compensa-
tion to the ENGINEER for his work performed
on these services. The ENGINEER further agrees
that the work proposed under this item is enough
to satisfactorily complete the contract documents
and that the moneys to be paid under this item are
adequate for the work proposed and shall not
exceed

Not Applicable
Dollars

($ ).

3. It is again agreed that payment to the EN-
GINEER for services in relation to subsurface
exploration, including borings, probings or
seismic surveys, shall be at actual cost as defined
in IV (B) 2. The ENGINEER further agrees that
the work proposed under this item is enough to
satisfactorily complete the contract documents
and that the moneys to be paid under this item are
adequate for the work proposed and shall not
exceed

Not Applicable
Dollars

($ ).

4. It is also agreed that payment to the ENGI-
NEER for services in relation to cadastral surveys
and other work associated with the acquisition of
lands, easements, and rights-of-way essential to
the construction of the PROJECT shall be at
actual cost as defined in IV (B) 2. The ENGI-
NEER further agrees that the work proposed
under this item is enough to provide adequate
sites, easements, and rights-of-way to permit the
unencumbered construction, operation, and
maintenance of the completed project without
interference in any way. The ENGINEER also
assures the OWNER that the moneys to be paid
under this item are adequate for the work pro-
posed and shail not exceed

Not Applicable

Dollars
($ ).

02/08/06