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A-1.1 (3)

ADVERTISEMENT FOR BIDS

City of Nashua, New Hampshire

Owner

229 Main Street, Nashua, New Hampshire 03061
Address

The City of Nashua, Division of Public Works, invites experienced and qualified firms to submit
bids for SCADA System Upgrades for the Wastewater Treatment Facility, located at 2 Sawmill
Road, Nashua, NH 03060. The SCADA System Upgrade project consists of upgrades to improve;
operational efficiency, data acquisition, reporting functionality, and supportability of technology.
Outdated control panels and / or components will be replaced with control panels and / or
components equipped with state-of-the art PLCs networked to SCADA computers. Work must be
sequenced to minimize disruption to operations and ensure facilities and wastewater system flows
are maintained and remain in service at all times_to maintain compliance with permit discharge
standards.

Separate sealed BIDS for the Wastewater Treatment Facility SCADA System Upgrades Project
will be received at the office of Central Purchasing, 229 Main Street, Room 128, Nashua, NH

03060 until 3:00PM, (Prevailing Time), on Tuesday. October 10, 2017 MendayOcteber2,2017.

Bids will be publicly opened and read aloud at that time.

1. Completion time for the project will be calculated as calendar days from the date specified in
the “Notice to Proceed” as follows:

270 calendar days for substantial completion
365 calendar days for final completion

2. Liquidated damages will be in the amount of $1,000.00 for each calendar day of delay from the
date established for substantial completion, and $1,000.00 for each calendar day of delay from
the date established for final completion.

3. Each General Bid shall be accompanied by a Bid Security in the amount of 5% of the Total Bid
Price.

4. The successful Bidder must furnish 100% Performance and Payment Bonds, and will be
required to execute the Contract Agreement within 10 days following notification of the
acceptance of his Bid.

5. Any contract or contracts awarded under this Advertisement for Bids are expected to be funded
in whole or in part by the New Hampshire Division of Environmental State Aid Grant (SAG)

Program.

6. No Bidder may withdraw a Bid within ninety (90) days after the actual date of opening thereof.

ADDENDUM NO. 3

A-2.1 (3)

INFORMATION FOR BIDDERS

BIDS will be received by the City of Nashua, New Hampshire (herein called the "OWNER"), at
Central Purchasing, 229 Main Street, Room 128, Nashua NH 0306luntil 3:00PM on Tuesday

October 10, 2017 Monday-October2,2017 and then at said office publicly opened and read aloud.

Each BID must be submitted in a sealed envelope, addressed to:
Central Purchasing, 229 Main Street, Room 128, Nashua NH 03061

Each sealed envelope containing a BID must be plainly marked on the outside as BID for
IFB1094-100217 — Wastewater Treatment Facility SCADA System Upgrades and the envelope
should bear on the outside the BIDDER's name, address, and license number if applicable and the
name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope
containing the BID must be enclosed in another envelope addressed to the OWNER at the address
noted above.

All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled
in, in ink or typewritten, and the BID form must be fully completed and executed when submitted.
Only one copy of the BID form is required. BIDDERS shall include a separate price for Alternates

as provided for in the Bid Form. The price for Alternates will be the amount added to the base BID
if Owner selects Alternate.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID
may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized
postponement thereof. Any BID received after the time and date specified shall not be considered.
No BIDDER may withdraw a BID within ninety (90) days after the actual date of the opening
thereof. Should there be reasons why the contract cannot be awarded within the specified period;
the time may be extended by mutual agreement between the OWNER and the BIDDER.

BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID
SCHEDULE by examination of the site and a review of the drawings and specifications including
ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a
misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.

The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to,
and delineates and describes, the land owned and rights-of-way acquired or to be acquired.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the
PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other
person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from
fulfilling any of the conditions of the contract.

Each BID must be accompanied by a BID BOND payable to the OWNER in the amount of five
percent (5%) of the total amount of the BID. As soon as the BID prices have been compared, the
OWNER will return the BONDS of all except the three lowest responsive BIDDERS. When the
AGREEMENT is executed, the BONDS of the two remaining unsuccessful BIDDERS will be
returned. The BID BOND of the successful BIDDER will be retained until the PAYMENT BOND
and PERFORMANCE BOND have been executed and approved, after which it will be returned. A
certified check may be used in lieu of a BID BOND.

ADDENDUM NO. 3

A-2.2 (3)

A PERFORMANCE BOND and a PAYMENT BOND, each in the amount of one hundred percent
(100%) of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be
required for the faithful performance of the contract.

Attorneys-in-fact who sign BID BONDS or PAYMENT BONDS and PERFORMANCE BONDS
must file with each BOND a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the AGREEMENT and
obtain the PAYMENT BOND and PERFORMANCE BOND within ten (10) calendar days from the
date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be
accompanied by the necessary AGREEMENT and BOND forms. In case of failure of the BIDDER
to execute the AGREEMENT, the OWNER may at his option consider the BIDDER in default, in
which case the BID BOND accompanying the proposal shall become the property of the OWNER.

The OWNER within ten (10) days of receipt of acceptable PAYMENT BOND, PEERFORMANCE
BOND and AGREEMENT signed by the party to whom the AGREEMENT was awarded shall sign
the AGREEMENT and return to such party an executed duplicate of the AGREEMENT. Should
the OWNER not execute the AGREEMENT within such period, the BIDDER may by WRITTEN
NOTICE withdraw his signed AGREEMENT. Such notice of withdrawal shall be effective upon
receipt of the notice by the OWNER.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement
by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within
such period; the time may be extended by mutual agreement between the OWNER and
CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period
or within the period mutually agreed upon, the CONTRACTOR may terminate the AGREEMENT
without further liability on the part of either party.

The OWNER may make such investigations as he deems necessary to determine the ability of the
BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such
information and data for this purpose as the OWNER may request. The OWNER reserves the right
to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the
OWNER that such BIDDER is properly qualified to carry out the obligations of the AGREEMENT
and to complete the WORK contemplated therein.

A conditional or qualified BID will not be accepted.

Award will be made to the lowest responsive and responsible BIDDER _based on the base BID only
(without Alternates).

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction
over construction of the PROJECT shall apply to the contract throughout.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar

with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to complete any of
the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

ADDENDUM NO. 3

C-2.5.(3)

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Contractor’s principals, officers, employees, agents, subcontractors,
consultants, vendors, or suppliers are expressly recognized to be within Contractor’s control.

SC-23 Construction Schedule and Periodic Estimates

ADD the following to Paragraph 23.

4

‘23.3 Provide the work plan and schedules specified above and a detailed Schedule of
Values for review at the Preconstruction Conference and Site Mobilization in accordance
with Article 55 of the General and Special Conditions and the General Requirements,
Paragraph 1.03.A.6, which includes special requirements for sequencing.

SC-27 Insurance
DELETE Article 27 in its entirety. REPLACE with the following:

Contractor shall carry and maintain in effect during the performance of services under this
contract:

> General Liability:
$1,000,000 per Occurrence
$2,000,000 Aggregate
(City of Nashua Additional Insured)

> Motor Vehicle Liability:
$1,000,000 Combined Single Limit *coverage must include all owned, non-owned
and hired vehicles.
(City of Nashua Additional Insured)

> Workers’ Compensation Coverage according to Statute of the State of New Hampshire:
$100,000 / $500,000 / $100,000

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

Contractor shall maintain in effect at all times during the performance under this contract all
specified insurance coverage with insurers. None of the requirements as to types and limits to be
maintained by Contractor are intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by Contractor under the contract. The Owner shall not
maintain any insurance on behalf of Contractor. Subcontractors are subject to the same insurance
requirements as the Contractor and it shall be the Contractor’s responsibility to ensure
compliance of this requirement.

The parties agree that Contractor shall have the status of and shall perform all work under this
agreement as an independent Contractor, maintaining control over all its consultants, sub

ADDENDUM NO. 3 13089A

C-2.6.(3)

consultants, contractors, or subcontractors. The only contractual relationship created by this
agreement is between the Owner and Contractor, and nothing in this agreement shall create any
contractual relationship between the Owner and Contractor’s consultants, sub consultants,
contractors or subcontractors. The parties also agree that Contractor is not a City employee and
that there shall 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 Contractor or the Owner to the public
employees retirement system;

5. Accumulation of vacation leave or sick leave provided by the Owner;

6. Unemployment compensation coverage provided by the Owner.

Contractor will provide the Owner with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. 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 City of Nashua and Engineer as additional insureds and reflect on the certificate of
insurance. Contractor is responsible for filing updated certificates of insurance with the City of
Nashua'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 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.

SC-33 Authority of the Engineer
In Paragraph 33.1, DELETE the first and second sentences in their entirety.

In Paragraph 33.2, in the third line, DELETE “to suspend any work that is being improperly
performed,”.

ADDENDUM NO. 3 13089A

C-2.8 (3)

The use of any such term or adjective is not intended to and shall not be effective
to assign to Engineer any duty or authority to supervise or direct the performance
of the Work, or any duty or authority to undertake responsibility contrary to that
above or any other provision of the Contract Documents.

SC-55 Pre-Construction Conference
ADD the following at the end of the paragraph.sentences=

“and conducted in accordance with the General Requirements, Paragraph 1.03.A.6.

“The Contractor shall attend a biweekly construction meetings and be prepared to outline the
anticipated work schedule for the next week. A specific time and place will be established for the
meeting, and representatives from the City, Engineer, and Division will also be in attendance.
See General Requirements, Paragraph 1.03.A.7 for more information.”

SC-58 Work Performed at Night and on Sundays and Holidays
ADD "Saturdays" to the Section Title prior to “Sundays”.
DELETE Article 58.1 in its entirety and replace with the following:

“58.1 No work will be permitted at Night or on Saturdays, Sundays or Holidays except without
expressed written approval of the City of Nashua Wastewater Department.”

SC-59 Indemnification
59.3 ADD the following subparagraph:

“59.3 The application, implementation, and interpretation of the 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.”

ADDENDUM NO. 3 13089A

A-3.2 (3)

BIDDER acknowledges receipt of the following ADDENDUM:

BASE BID: BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for
the following LUMP SUM PRICE excluding Alternate 1

Dollars and Cents §$
(Use words) (Use figures)

ALTERNATE 1: BIDDER agrees to replace ceiling in thickening room with ceiling tiles
as specified in Section 09 51 00 and as indicated in the General Notes on Drawing E-003
for the following LUMP SUM PRICE

Dollars and Cents $
(Use words) (Use figures)

NOTE: NOTE CITY IS EXEMPT FROM SALES TAX. BIDS shall include salestaxaned-all

other applicable taxes and fees.

The BIDDER shall state below what works of a similar character to that of the proposed contract he
has performed, and provide such references as will enable the Owner to judge his experience, skill, and

business standing.

All questions must be answered and the data given must be clear and comprehensive. This statement

must be notarized. If necessary, add separate sheets.

ADDENDUM NO. 3

A-3.3 (3)

1. Name of Bidder.

2. Permanent Main Office address.

3. When organized?

4. Where incorporated?

5. Is bidder registered with the Secretary of the State to do business in New Hampshire?

6. For how many years has your firm engaged in the contracting business under its present name?
Also state names and dates of previous firm names, if any.

7. Contracts on hand. (Schedule these, showing gross amount of each contract and the
approximate anticipated dates of completion.)

8. General character of work performed by your company.
9. Have you ever failed to complete any work awarded you in the scheduled contract time,
including approved time extensions? _ (Yes) __ (No).

If so, where and why?

10. Have you ever defaulted on a contract? __ (Yes) ___ (No)
If so, where and why?

11. Have you ever had liquidated damages assessed on a contract? ___ (Yes) __ (No)
If so, where and why?

12. List the more important contracts recently executed by your company, stating approximate cost
for each, and the month and year completed.

13. List your major equipment available for this contract.

14. List your key personnel such as Project Superintendent and foreman available for this contract.

15. List any subcontractors whom you would expect to use for the following (unless this work is to
be done by your own organization):

a. Civil Engineering
b. Utility Installation
c. Other work
16. With what banks do you conduct business?

17. Do you grant the Engineer permission to contact this (these) institutions? __ (Yes) _ (No)
NOTE: Bidders may be required to furnish their latest financial statement as part of the award
process.

ADDENDUM NO. 3

Project Number: 228730 WWTEF SCADA Upgrades
Issue Date: AugustSeptember, 2017 Nashua, NH

SECTION 01 11 00
SUMMARY OF WORK

PART 1 — GENERAL
1.01 SECTION INCLUDES

A. Project Description

B. Description of the Work

C. Coordination and Sequencing
1.02 PROJECT DESCRIPTION

A. The Work is located at the wastewater treatment facility in the main process
building and in various ancillary equipment buildings near the main process
building. The Work generally consists of varying degrees of electrical,
instrumentation, and controls upgrades associated with the SCADA system that
supports the wastewater systems in the City; and all materials and equipment,
services and construction inherent to the Work.

1.03 DESCRIPTION OF THE WORK

A. The Work includes labor, materials, equipment, and services required for
construction, testing, and commissioning of the Project in accordance with the
Contract Documents and as more specifically described in the Specifications and
Drawings. It includes, but is not limited to, the following principal features:

1. Process Building: Demolition of consoles, leveling of associated floor
surfaces, installation of new programmable logic controllers, Ethernet
switches, Ethernet input/output cards, computers, and Operator Interface
Terminals. Installation of entire new control panels. Installation of new
network hardware in server room. Installation of new conduit runs to allow
replacement of existing fiber optic network switch and securing of new
connection in server room. Software will be upgraded by the Contractor and
all necessary devices will be reprogrammed by Engineer.

2. Ancillary Buildings: Demolition of consoles, leveling of associated floor
surfaces, installation of new programmable logic controllers, Ethernet
switches, Ethernet input/output cards, computers, and Operator Interface
Terminals. Installation of entire new control panels.

2B. ALTERNATE 1 (only if awarded by Owner): Replace ceiling in thickening room

with ceiling tiles as specified in Section 09 51 00 and as indicated in the General
Notes on Drawing E-003.

ADDENDUM NO. 3 SUMMARY OF WORK
WOODARD & CURRAN 01 1100-1 (3)

Project Number: 228730 WWTEF SCADA Upgrades
Issue Date: AugustSeptember, 2017 Nashua, NH

1.04 COORDINATION AND SEQUENCING
A. Coordination

1. Ensure that facilities and wastewater system flows are maintained and
remain in service at all times unless otherwise approved.

a. Obtain written approval of Owner for shutdowns. Notify Engineer a
minimum of two weeks prior to any required shutdowns.

b. Prepare a Shutdown Plan for each requested shutdown indicating
what existing valves must be operated by Owner personnel during
the shutdown.

C. Coordinate Work with the Owner and provide public notice, as
required.
2. Maintain access to facilities for the Owner throughout the Project.
B. Sequence
1. Sequence Work to minimize shutdowns and reflect sequencing in the

construction schedule.

2. Sequence Work to minimize disruption to normal facility operations and to
maintain strict compliance with applicable federal, state_and local permit

discharge standards. Use _finish-to-start_relationships_as_the primary
dependency between tasks on the project (i.e. new panel must be installed

tested and operational before dismantling existing control panel.)
PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

END OF SECTION

ADDENDUM NO. 3 SUMMARY OF WORK
WOODARD & CURRAN 01 1100-2 (3)