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CHANGE ORDER

No. 2
PROJECT: Canal Street Bridge Repairs
OWNER’s PROJECT NO.:___IFB0281-041422
EXECUTEDCONTRACT DATE:
DATE OF ISSUANCE: _ 07/15/2022 EFFECTIVE DATE: Upon City Approval
OWNER: City of Nashua, NH

OWNER’s Purchase OrderNO.: 2 (%|>>7_

CONTRACTOR: New England Infrastructure, Inc.

The Contract is modified as follows upon execution of this Change Order:

Description:

l. Increase the quantity of item 512.02 — Preparation for Concrete Repairs, Class {1 by 12 square
yards for a cost increase of $12,000.00 resulting in a total quantity of 37 square yards and a total
cost of $37,000.00.

2. Increase the quantity of item 520.01 — Concrete Class AA by 2 cubic yards for a cost increase of
$12,000.00 resulting in a total quantity of 8 cubic yards and a total cost of $48,000.00.

3. Add item 1002.1 — Repairs or Replacements as Needed — Bridge Structures to the contract as an
allowance for unforeseen repairs. The allowance will! be for a total cost increase of $10,000.

Justification:

1-2. The quantity of item 512.02 and 520.01 increase due to additional repair areas identified on the
pier and an increase in the deteriorated areas located on the east abutment.

3. Item 1002.1 will be added as a contingency for any additional substructure concrete repairs that
may identified during construction.

Change Order #2
IFB028 1-04 1422
Canal Street Bridge Repairs Page 1 of 3

ATTACHMENT — PROJECTS EXPERIENCE

METHUEN CONSTRUCTION COMPANY, INC,

ORIGINAL AND

FINAL
CONTRACT START AND
PROJECT NAME & PROJECT AMOUNT AND END DATES
LOCATION OWNER PROJECT DESCRIPTION AND SPECIFIC SCOPE EXPLANATION {MIDIVYYYY)
Graf Road Pump City of Newburyport, MA Work included, but was not limited to, the replacement of the Graf Original Amount: 06/46/2017
Station Replacement 60 Pleasant Street Road Pump Station, this included the demolition and disposal of the $4,928,151
Newburyport, MA 01950 existing pump station, a new pump station including pumping 05/23/2019
Newburyport, MA equipment with three new submersible pumps, a new building,
Anthony Furnari control systems, alarm monitoring and transmission systems, flow Final Amount:
978-465-4454 monitoring, emergency engine/generator and all related civil, $5,100,339
architectural, structural, HVAC, plumbing, electrical and
instrumentation control work, yard piping and site work.
Liquid Oxygen City of Worcester The project consisted of providing liquid oxygen storage and feed Original Amount: 02/27/2018
System Water 445 Main Street equipment, including all items as required for a complete system at $1,006,998
Filtration Plant Worcester, MA 01608 the project site, 06/28/2019
Final Amount:
Worcester, MA Darin LaFalam $1,081,695
508-799-1047
Primary Clarifier and City of Manchester, NH The project consisted of the construction of improvements to the Original Amount: 10/12/2016
Gravity Thickener 300 Winston Street existing Primary Clarifiers, Gravity Thickeners, HVAC System, $7 646,529
Upgrade Manchester, NH 03103 Sludge and Scum 03/19/2019
Final Amount:
Manchester, NH Fred McNeill $7,627 620

603-324-6341

ORIGINAL AND

FINAL :
CONTRACT START AND
PROJECT NAME & PROJECT AMOUNT AND END DATES
LOCATION OWNER PROJECT DESCRIPTION AND SPECIFIC SCOPE EXPLANATION (MIDIYYYY)
WPCF Secondary City of Chicopee Work consisted of, but was not limited to, both clarifier tank and Original Amount: 10/26/2016
Clarifier Upgrade, 80 Median Street mechanism/process related work, Concrete tanks were $1,386,890
Contract 7 Chicopee, MA 01085 rehabilitated, leaks through clarifier walls were sealed and cracks 03/19/2019
repaired in the concrete, Repair work included the demolition and Final Amount:
Chicopee, MA Quinn Lonezak replacement of the existing tank pressure relief/check valves and $1,324,529
413-594-3585 the removal and replacement of the grout wear surface. The
existing clarifier mechanisms, weirs, baffles and supports in the
clarifiers were demolished and replaced. The entire sludge removal
mechanism was replaced including the mechanical drive units, the
draft tubes, corner sweeps and walkways.
South Essex South Essex Sanitary District | The project consisted of the construction of upgrades to the Original Amount: 11/20/2017
Sewerage District, PO Box 989 treatment plant including replacement of oxygen reactor impellers, $1,625,801
Oxygen Mixer Salem, MA 01870 installation of a drain and site drainage improvements. 07/10/2019
Final Amount:
Salem, MA Alan Taubert $1,770,425
978-774-4550
Odor Control City af Newburyport, MA Work included the installation of: 1) a new 20,000 cubic feet per Original Amount: 04/28/2017
Improvements 60 Pleasant Street minute biofilter comprised of engineered media housed in a new $4,163,576
Newburyport, MA 07950 cast-in-place vessel, 2) exterior odor control ductwork: 316 spiral 02/28/2018
Newburyport, MA stainless steel above ground and DR15 PCV generally below
Anthony Furnari ground, galvanized support columns and beams; connections to Final Amount:
978-465-4464 existing odor control system and exterior booster fans, 3) supply air $4,200,508

systems including two new make-up air units and interior ductwork,
4) two primary clarifier flat aluminum covers, new stair, lighting,
electrical wiring, and duct work, 5) new septage receiving statin
within inline sewage grinder, rock basket, and 6) demolition of the
existing biofilter, irrigation piping, buried structures, concrete pads,
concrete barriers, ductwork, and electrical components.

ORIGINAL AND

FINAL :
CONTRACT START AND
PROJECT NAME & PROJECT AMOUNT AND END DATES
LOCATION OWNER PROJECT DESCRIPTION AND SPECIFIC SCOPE EXPLANATION {MIDIVYYY)
Long Pond Treatment Town of Falmouth, MA Wark consisted of the construction of a new 8.4 million gallon per Original Amount: 4/15/2015
Plant Construction 416 Grifford Street day (mgd) water treatment plant at the existing Long Pond surface $40,925,150
Falmouth, MA 02540 water supply location in Falmouth, MA. The plant utilizes 6/15/2017
Falmouth, MA coagulation, mixing flocculation, dissolved air flotation, dual media
Stephen Rafferty filtration, granular activated carbon above sand, chemical feed Final Amount:
508-958-3346 systems and an intermediate ozone feed. Building components for $41,270,978
the plant included HVAC, plumbing, fire sprinkler, gas and electrical
services. This project also included the demolition of equipment
and site piping at the existing water treatment facility, as well as,
site work, exterior piping systems, exterior above and below ground
tanks, sludge holding lagoons, construction of a garage, new raw
water intake and pump station, and directional drilling of the raw
water intake mains.
Easterly WWTF City of Marlborough, MA Work included construction of a new parshall flume structure, new | Original Amount: TH7H15
Improvements 135 Neil St headworks building and grit facilities, primary, first stage and second $43,963,174
Marlborough, MA 01752 stage settling tank upgrades, conversion to fine bubble aeration, new
Marlborough, MA odor control systems, upgrades to the existing sludge pumping
Ron LaFreniere systems, construction of two WAS storage tanks, new chem Final Amount:
508-624-6910 systems, chlovine contact tanks upgrades, a new generator, $48,154,973
rlafreniere@marlborough- construction of two sludge mix tanks, operation building
ma.gov improvements, new sludge dewatering system, drainage & site Owner initiated
improvements, vegetative roofs, new satellite pumping station and changes for
new resident drop-off facility. Work involved demolition, site work, improvements
yard piping, plumbing, fire protection, HVAC, electrical and | beyond the original
instrumentation and controls/SCADA. scope of work.
CSO 005-006 City of Nashua, NH Work consisted of the construction of a 1,000,000 gallon CSO Original Amount: 5/26/15
Screening & 9 Riverside St storage tank, castin-place concrete screening chamber, influent $11,733,801
Disinfection Facility Nashua, NH 03062 chamber, drain chamber, effluent chamber, outfall slide gate
chamber, CSO screens, flush gates, tipping buckets, slide gates, 60-
Nashua, NH Bill Keating inch outfall pipe micro-tunneled in place and a building to house Final Amount:
603-589-3330 sodium hypochlorite and bisulfite chemical storage, vacuum dosers, $11,691,255

keatingw@nashuanh.gov

instrumentation, controls, site work, and electrical

ORIGINAL AND

FINAL
CONTRACT START AND
PROJECT NAME & PROJECT AMOUNT AND END DATES
LOCATION OWNER PROJECT DESGRIPTION AND SPECIFIC SCOPE EXPLANATION {MIDIYYYY)
Carnaghi ~ Model Spincratt Initial scope was preparing an existing area to support a Carnaghi | Original Amount: 12/04/14
AX52T Vertical 500 Iron Horst Part Vertical Turning Center, which Spincraft uses to create complex $1,164,900
Turning Center North Billerica, MA 01862 metal fabrication for the aerospace, defense and energy industries.
Work consisted of demolition of concrete floor siab, dewatering and Final Amount:
North Billerica, MA Joe Santa Fe excavation with engineered support in order to form and place a $3,291,806
978-667-2774 concrete foundation measuring 60'x55' inside the existing facility.
jsantafe@spincraft.net Prior to starting construction, the soil was found to be contaminated Owner initiated
with asbestos. To address this issue, Methuen, in conjunction with changes due to
the owner and engineer, developed a plan to safely remove and environmental
dispose of over 2,000 tons of contaminated material. issues beyond the
original scope of
work
Anaerobic/Digestion/ | Lewiston-Auburn Water Pollution | Furnish and install two new anaerobic digesters, a biogas and Original Amount: 02/27/14
Energy Recovery - Control Authority digested sludge storage tank and cover system new digester $11,140,548
Lewiston-Auburn PO Box 1928 equipment building with new sludge heat exchangers, central dual-
WPCA - Lewiston, Lincoln, ME 04241 fuel boilers and hot water recirculation pumps, digester mixing Final Amount:
ME system pumps, recirculation pumps and belt filter feed pumps, new $12,774,044
Clayton Richardson electrical and instrumentation and replacement of existing thickened
207-782-0917 sludge pumps. Owner initiated
crichardson@lawpca.org changes for
improvements
beyond the original
scope of work.
Water Treatment City of Somersworth, NH installation of new clarifiers with associated pumps, polymer system, | Original Amount: 02/05/2008

Facility Upgrade

Somersworth, NH

1 Government Way
Somersworth, NH 03878

Robert Belmore
603-692-9503
bbelmore@somersworth.com

controls and instrumentation. Construction of a new concrete clear
well. Construction of three (3) earthen process waste lagoons and
the installation of new Alum, Ferric Chloride, and Aluminum Sulfate
Feed System at the existing 6 MGD water treatment facility.

$6,326,234

Final Amount:
$6,483,467

Owner initiated
changes for
improvements
beyond the original
scope of work.

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: Methuen Construction Company, Inc.

144 Main Street, PO Box 980
Plaistow, NH 03865

and its successors, transferees and assignees
(together “CONTRACTOR?”)

For the following Project: IFB1092-090619

Digester Gas Tank Diaphragm Upgrade

ARTICLE 1— THE CONTRACT DOCUMENTS

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

1.

9.

PAA YD

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

Specifications;
Bid Form submitted September 6, 2019;
Notice of Award;

Payment and Performance Bonds;

Insurance Certificate;

Notice to Proceed;

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

Fully Executed OWNER Purchase Order

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,

Page 1 of 13

the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

ARTICLE 2— WORK TO BE PERFORMED

Except as otherwise provided in this contract, CONTRACTOR shall furnish all services,
equipment, and materials and shall perform all operations necessary and required to carry out and
perform in accordance with the terms and conditions of the contract the work described.

DESCRIPTION OF WORK:

This PROJECT consists of replacing the existing diaphragm inside the gas tank along with
modifications to the method of attachment of the diaphragm to the tank wall.

The following is a general summary of the expected work to be performed and sequence to
follow. The CONFRACTOR is not bound by these methods and may use alternate procedures
upon approval by the wastewater engineer. Additional work or steps may be needed that are
not reflected in the following description for the complete installation of the new diaphragm.

Video inside layout of piston and diaphragm such that all components (sections of piston
wall, concrete block ballast layout...) can be reinstalled to exact layout as existing. Remove
existing cables that are used to raise and lower the piston. Remove section of piston walls
(bolted) noting location and order of removed sections. Stack wall sections inside tank at
base. Provide the necessary rigging to remove each section of the piston wall.

Remove upper and lower rings that connect the diaphragm to the tank and base of the
piston. New gasket material and bolts/nets shall be installed upon reconnection of rings and
piton wall sections.

Remove existing diaphragm. Cut hole in top of tank of sufficient size to remove existing
diaphragm from tank. A crane will be needed to facilitate this operation. The existing 24-
inch diameter hatches are likely too small to remove the old and reinstall the new
diaphragm.

Remove upper seal connection bracket and invert such that diaphragm can be bolted to the
bracket from the air side of the tank interior. CONTRACTOR to determine means and
methods to remove existing bracket, reuse or install new bracket with angle iron facing up.
Connect the new diaphragm to upper and lower seal brackets using new bolts, nuts, washers,
bracket bars, and gasket material as necessary to securely attached the top and bottom of
new diaphragm.

Install all 8 sections of piston wall.

Remove old and install new cables that attached to piston and counter weights to assist with
lowering and raising of piston.

Touchup areas where needed with new coatings specified by OWNER.

Operate new gas tank with large air compressor to check operation and determine any
adjustments that may be needed.

Perform leak tests

Purge gas holder with nitrogen gas. Keep system filled with nitrogen gas until startup using
digester gas.

The CONTRACTOR is expected to use high quality construction materials for this work
including all new stainless steel bolts and nuts wherever removed.

Page 2 of 13

CONTRACTOR shall submit a design drawing of the upper seal of the diaphragm connection
to the piston sidewalls, The CONTRACTOR shall be required to submit a design drawing
acceptable to the Wastewater Engineer of this connection.

ARTICLE 3 — PERIOD OF PERFORMANCE

CONTRACTOR shall begin performance upon receipt of an Executed Contract, a valid Purchase
Order issued from the City of Nashua, and a Notice to Proceed. CONTRACTOR shall
substantially complete all work within 100 calendar days of Notice to Proceed . Final completion
of all work shall be within 120 calendar days of Notice to Proceed . These dates shall only be
altered by mutually approved written agreement to extend the period of performance or by
termination in accordance with the terms of the contract.

ARTICLE 4 ~- 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:

THREE HUNDRED ELEVEN THOUSAND FIVE HUNDRED SEVEN DOLLARS

($ 311,507.00 )
The Contract Sum shall include ail items and services necessary for the proper execution and
completion of the Work.

ARTICLE 5 ~- 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; and
> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$ 100,000.

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 shail 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.

wm

Page 3 of 13

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.

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

The imsurance 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.

The insurance provided herein is primary, and no insurance held or owned by the
OWNER, shall be cailed 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 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, mterest, attorney’s fees, costs
and expenses of any kind or nature in any manner caused, occasioned, or contributed fo 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 and hold harmless obligations, or portions thereof, shall not
apply to liability caused by the sole negligence or willful misconduct of the party indemnified
or held harmiess.

Page 4 of 13

General Terms and Conditions

ARTICLE 6 - GENERAL PROVISIONS

I,

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.

In the case of a discrepancy, calculated dimensions will govern over scaled dimensions,
Contract Drawings will govern over Standard Specifications, and Technical Specifications
will govern over both Contract Drawings and Standard Specifications. In the case of a
discrepancy between the Agreement and other Contract Documents, the more specific or
stringent obligation or requirement to the benefit of the OWNER shall take precedence.
The CONTRACTOR shall take no advantage of any apparent error or omission in the
Contract Drawings or 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 7 — OWNER

1.

Except for permits and fees, which are the responsibility of the CONTRACTOR under the
Contract Documents, the OWNER shall obtain and pay for other necessary approvals,
easements, assessments and charges.

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 construction or 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 shail coordinate and cooperate with separate CONTRACTORs
employed by the OWNER.

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

Page 5 of 13