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17,

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affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Professional Engineer agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff, termination, rates of pay, or other forms of compensation and selection for
training, including apprenticeship.

Without limitation of the foregoing, Professional Engineer’s attention is directed to “Title
41”’Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor’ which, by this reference, is incorporated in this contract.

Professional Engineer agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Professional Engineer under this contract.

In connection with the performance of work under this contract, Professional Engineer agrees not
to discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.

Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by Professional Engineer shall constitute a material breach of the contract.

ENDORSEMENT Professional Engineer shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Professional Engineer or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Engineer shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting

procedures and practices of Professional Engineer related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the

GC 8 of 11

20.

21.

contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Professional
Engineer's expense, by Professional Engineer to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Professional Engineer, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract must be retained by
Professional Engineer for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Professional Engineer shall promptly remit and
deliver the materials, at Professional Engineer's expense, to the City of Nashua. Professional
Engineer shall not use, willingly allow or cause to have such materials used for any purpose other
than the performance of Professional Engineer's obligations under this contract without the prior
written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional
Engineer (including those remitted to the City of Nashua by Professional Engineer pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Engineer
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at
its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

GC 9 of 11

F. REPLACE OR CONSTRUCT SEWER MANHOLE (4-FOOT & 5-FOOT DIA.)
Measurement:
The quantity to be measured under the various subdivisions of ITEM 6 (A and
B) for replacing or constructing new sewer manholes will be measured by the
VERTICAL FOOT as measured from the lowest invert to the top of the
manhole casting, complete-in-place, as specified in these Specifications and as
directed by the Engineer.

Payment:
The accepted quantity of sewer manholes new or replaced shall be paid for

at the contract unit price under ITEM 6 (A and B), and shall constitute full
compensation for removal and disposal of the existing sewer manhole,
constructing new pre-cast sewer manhole, furnishing and installing 30”
diameter frame and cover, complete in place as indicated on the drawings
and/or as specified, including furnishing all materials, labor, tools, and
equipment necessary to complete the work, including but not limited to
handling of existing wastewater flows, by-pass pumping, excavation,
backfill, manhole bedding, removal of excess and unsuitable materials at the
City landfill, manhole vacuum testing, and all work incidental thereto and
not specifically included for payment under other items.

NOTE: Connecting existing pipes to new sewer manholes will be paid
separately under Items 6I.

G. CONSTRUCT SINGLE SEWER MANHOLE AT POINT REPAIR LOCATION
(4-FOOT DIA)
Measurement:
The quantity to be measured under ITEM 6C for replacing or constructing new
sewer manholes will be measured by the VERTICAL FOOT as measured from
the lowest invert to the top of the manhole casting, complete-in-place, as
specified in these Specifications and as directed by the Engineer.

Payment:
The accepted quantity of sewer manholes new or replaced shall be paid for

at the contract unit price under ITEM 6C, and shall constitute full
compensation for removal and disposal of the existing sewer manhole,
constructing new pre-cast sewer manhole, furnishing and installing 30”
diameter frame and cover, complete in place as indicated on the drawings
and/or as specified, including furnishing all materials, labor, tools, and
equipment necessary to complete the work, including but not limited to
handling of existing wastewater flows, by-pass pumping, excavation,
backfill, manhole bedding, removal of excess and unsuitable materials at the
City landfill, manhole vacuum testing, and all work incidental thereto and
not specifically included for payment under other items.

2022 Sewer Replacement Project Measurement and Payment
Nashua, NH 01150 -5

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FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Engineer
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Engineer in writing that the whole of the work was
completed on the date indicated in the notice or provide Professional Engineer with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,
Professional Engineer shall promptly complete the work and the final acceptance procedure shall
be repeated. The date of final acceptance of a project by the City of Nashua shall be the date upon
which the Board of Public Works or other designated official accepts and approves the notice of
completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Professional Engineer shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Professional Engineer warrants that no officer or employee of the City of Nashua has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this
contract or in the business of Professional Engineer. If any such interest comes to the attention of
Professional Engineer at any time, a fuli and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Professional Engineer also warrants that it
presently has no interest and that it will not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed under
this contract. Professional Engineer further warrants that no person having such an interest shall
be employed in the performance of this contract. If City of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City of
Nashua may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer shall be liable to the City of Nashua for any costs
incurred by the City of Nashua in completing the work described in this contract. At the
discretion of the City of Nashua, these sanctions shall also be applicable to any such conviction
obtained after the expiration or completion of the contract.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending or making of any determinations with respect to the performance of this

GC 10 of 11

27.

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contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES ‘The City of Nashua and Professional Engineer,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Professional Engineer.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Professional Engineer. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any
kind or nature not set forth in this contract. No changes, amendments, or modifications of any
terms or conditions of the contract shall be valid unless reduced to writing and signed by both
parties.

CHOICE OF LAW AND VENUE This contract 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.

GC 11 of 11

} THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

September 28, 2017
Memo #18-035

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: HEADWORKS UPGRADE PROJECT ~ CHANGE ORDER #6 (VALUE: $29,760)
DEPARTMENT: 169 WASTEWATER; FUND: SRF LOAN

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 and the Board of Public Works (8/28/2017
meeting) and the Purchasing Department recommend the approval of this change order to T-Buck
Construction of Auburn, ME in the amount of $29,760.

Respectfully,
uA

Dan Kooken
Purchasing Manager

Cc: N Osborne L Fautuex

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

}

To:

From:

D. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 28, 2017

Noelle Osborme, Plant Operations Supervisor
Wastewater Department

Headworks Upgrade Project

To approve Change Order 6 to the Headworks Upgrades contract with T-Buck
Construction, Inc. in the amount of $26,759.85. Funding will be through:
Department: 169 Wastewater; Fund: SRF Loan; Activity: Headworks Upgrades.

Change Order 6 Backup

The contract with TBuck for the Headworks Upgrades at the Wastewater
Treatment Facility was originally for $2,848,222.00. Previous change orders in
the amount of $108,573.09 brings the current contract value to $2,956,795.09.
Past change orders included new lockers for the men’s locker room, relocation of
pipes and ducts due to conflicts, changing out electric circuits that were found to
be deficient, addition of several new ceiling mounted heaters and modifications to
influent flow channel to allow new screens to fit.

This change order is for 4 extra work items: 1) provide new dampers for unit
heater 3A, 2) modifications to the C channel in the short channel bar rack floor
penetration support, 3) relocation of water line that will interfere with the
installation of unit heater 3A, and 4) install a new panel view next to the wash
press room to allow operators to reset the bar rack and wash press locally. The
existing dampers were found to be stuck following demolition of the old heating
unit, requiring new dampers to be purchased. Additional modifications are needed
for the C channel in the short channel bar rack floor penetration support. The new
panel view was requested by Plant personnel after the startup of the short channel
screen, allowing staff local controls to the new equipment.

The change order work scope and costs has been reviewed and approved by the
consultant Wright Pierce. The total amount of this change order comes to
$26,759.85. The new value of their contract following this change order will be in
the amount of $2,983,554.94.

This project is an SRF funded project and the City will be seeking a State Aid
Grant (SAG) in the amount of 20% of the costs should such funding become
available.

B-6.1

CHANGE ORDER
No. 6
PROJECT: _Headworks Upgrade DATE OF ISSUANCE: __. _.
OWNER: City of Nashua
229 Main St, Nashua, NH 03062
CONTRACTOR: T-Buck Construction, Inc. OWNER’s Project No.

CONTRACT FOR: _Headworks Upgrade ENGINEER
ENGINEER’s Project No. 13089

Wright-Pierce

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

Description: Refer to the attachments.

Purpose of Change Order: Refer to the attachments.

Justification: Work was not included in original contract documents.
Attachments: Change Order No. 6 Summary Sheet, Change Order No. 6 Items 1-4 back-up documentation.

CHANGE IN CONTRACT PRICE

Original Contract Price
$ _2,848,222.00

CHANGE IN CONTRACT TIME

Original Contract Time

455
(days or date)

Previous Change Orders
| $ _ 108,573.09

Net change from previous Change Orders

63
(days)

Contract Price prior to this Change Order
/$ —2,956,795.09

Contract Time prior to this Change Order '

_518
(days or date)

Net Increase of this Change Order
$ 26,759.85

Contract Price with all approved Change Orders

$ 2,983,554.94

Net Increase this Change Order
10

(days)
Contract Time with all Change Orders

528

(days or date}

This document will become a supplement to the CONTRACT and all provisions will apply hereto. The
attached Contractor’s Revised Project Schedule reflects increases or decreases in Contract Time as

authorized by this Change Order.

Stipulated price and time adjustment includes all costs and time associated with the above described change.
Contractor waives all rights for additional time extension for said change. Contractor and Owner agree that
the price(s) and time adjustment(s) stated above are equitable and acceptable to both parties,

RECOMMENDED: — APPROVED: APPROVED! ‘
By: Te yy PR. By: VOL ne fn Ls
‘Engineer : } Owner er “ ontdetor 7
09/13/2017 & le 7 |
— "Date Date F Date * ee Date ~~

13089A

249 Merrow Rd Auburn, ME 04210
207-783-6223 * FAX 207-783-3970

T. Buck Construction, inc.

PROPOSAL 29B

jp reeanal Submitted to: Phone: (802) 431-1422 Date 9/13/2017
Wright-Pierce Fax: (866) 783-7101
Street: Job Name
230 Commerce Way, Suite 302 Nashua Wastewater Treatment Facility Headworks Upgrade
City, State & Zip Code: Job Location:
Portsmouth, NH 0380) Nashua NH
Engineer: Job Phone:
Andy Morrill
e hereby submit specifications and estimate for:
Provide labor, material and equipment to saw cut existing hole for HV-3A and supply new dampers
LEMIRE Material $ 8,463.00
Labor $ 1,800.00
$ 10,263.00
15% O&P $ 1,539.45
$ 41,802.45 $14,802.45
di igi/tu ating $ (300.00)
PROGUT $ 956.52
| $ 143.48
$ 1,100.06 $ 1,100.00
$12,602.45
GC O&P 10% $ 1,121.95
TOTAL $13,724.40 $13,724.40
T Buck
Labor $ 480.00
Equipment $ 125.00
Disposal! $ 60.00
$ 365.00
15% O&P $ 54.75
“$ 41075" $ 419.75
TOTAL $14,144.15

1) T Buck will request a 5 day extension to the contract completion time if this proposal is excepted

Ve Propose hereby to furnish material and labor complete in accordance with above specifications, for the sum of:

jFOURTEEN THOUSAND ONE HUNDRED & FORTY FOUR DOLLARS

vill material is guaranteed to be as specified. All work to be completed in a
workmanlike manner according to standard practices. Any alteration or
Keviation from above specifications involving extra costs will be executed only
pon written orders, and will become an extra charge over and above the
estimate. All agreements contigent upon strikes, accidents or delays beyond

Authorized
Signature

Mark McPheters

Note: This proposal may be withdrawn

§our control, Owner to carry fire, tornado and other necessary insurance. Our by us if not accepted within & days.
bworkers are fully covered by Workman's Compensation insurance.
Acceptance of Proposal. the above prices. specifications and
he work as specified. Payment will be made as outlined above.
Signature

[owe of acceptance

ARMAND E. LEMIRE CO., INC.
7 DARTMOUTH STREET
P.O. BOX 16454, HOOKSETT, NH 03106
PHONE (603) 625-5233 FAX (603) 625-5679

CHANGE ORDER # 11

COMPANY | T Buck Construction

ATTENTION Bruce Kenney

DATE | 8/1/17 _
PROJECT Nashua Headworks

LOCATION (|NashuaNH ee

Hi Bruce, this change order is for replacing the existing motorized
dampers/actuators as defined in WP RF!-09, pricing as follows.

2) Greenheck ICD-44 motorized dampers @$2,748 ea $5,496.00
2) 92" x 28.75” 22Ga galv sleeves @$466 ea $932.00

1) ENE add price for new actuator wiring @$1,200.00 $1,200.00
24) Additional labor hrs @$75 hr $1,800.00
2) 92" x 29” louver screens replaced @$375 ea $750.00
Misc trim/hdwe @$85 $85.00
Subtotal $10,263.00
AELCO 15% MU $1,539.45
Credit for cleaning/ubricating existing darmpers ~$390.00

Total amount of this change order is $11,502.45

MECHANICAL CONTRACTORS — COMMERCIAL, INDUSTRIAL & RESIDENTIAL

~ WBE/DBE CERTIFIED