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City of Nashua, Public Works Division

To: Board of Public Works Meeting Date: June 27, 2019
From: Jeff Lafleur, Superintendent of Solid Waste
Re: Caterpillar 826K Compactor Teeth

A. Miotien: To approve the purchase of a set of teeth for the front wheels on the Caterpillar
826K compactor from Caron Compactor Company of Escalon, CA in the amount of
$34,250. Funding through Department 168 Solid Waste; Fund: Solid Waste;
Account Classification: 54 Vehicle Repairs & Maintenance.

Discussion: The teeth on the front wheels of the Caterpillar 826K compactor are extremely worn
and due for replacement soon. These replacements are necessary to ensure good
compaction of the waste coming into the landfill and to reduce unnecessary wear on
the compactor by requiring trash to be rolled more in order to properly compact it.
The teeth for the rear wheels were done last year.

The Solid Waste Department has used Caron’s compactor teeth on the last two
compactors and they have been proven to be both durable and reliable.

CARVIN’

COMPACTOR COMPANY

1204 ULLREY AVENUE
ESCALON CA 95320
www.caroncompactor.com
caronsales@caroncompactor.com

PHONE: (209) 838-2062
FAX: (209) 838-1404

OVER 50 YEARS OF SERVICE TO THE SOLID WASTE DISPOSAL INDUSTRY

QUOTATION TO: DATE: LF #:
City of Nashua 2/19/2019 4332
ATTENTION: QUOTATION NO.:
Matt LeBlanc 19Q0208A.BH
ADDRESS: PHONE:
840 W. Hollis Street (603) 557-2020
CITY: STATE: ZIP CODE: FAX:
Nashua NH 03062
Manufacturer: Model: Year: | Machine Serial No.: | Wheel/Blade Serial No.: Email:
CAT 826K 2015 23206023 15400 leblancm@nashuanh.gov
Estimate Ship Date: Quotation Valid For: Shipped FOB: Terms in U.S. Currency:
In Stock Through 09-30-19 Caron Facility Net 30 Days
Part Number Quantity Description of Material and Labor Material Labor
7224-SYB.2/ Half Set 826K Half Set 8" SUPERMEGA Pin-On Teeth in a 5 Row/8 Teeth $31,793.00
15400 Per Row Pattern (Half Set Consists of 48 Traction and 32 B MEGA
Base Adapters, Caps, Pins and Springs Assembled with 309L Cap
to Base Weld).
Freight from Caron Facility to Nashua, NH. $2,457.00
Caron Compactor Company appreciates your business.
ALL APPLICABLE TAXES, TARIFFS, DUTIES, OVERSEAS PACKAGING AND INSURANCE IS THE
FULL RESPONSIBILITY OF THE PURCHASER.
1. Terms are subject to credit approval.
2. If payment is not received within 30 days or according to terms, alate payment charge of 1.5% will be
added for each month the account remains unpaid. Should this amount be referred for collection, all
collection costs including reasonable attorney's fees shall be added to the unpaid balance.
3. Prices and terms listed are not subject to verbal changes or other agreements unless approved
in writing by an authorized CARON representative.
4. Delivery of orders based on this estimate may be delayed by the seller due to strikes, accidents, fire, sa dia
availability of material and other causes beyond our control. ,
5. Data entry, clerical or computation errors are subject to corrections. PSv-aIN DEED $31,793.60
6. Conditions not specified herein shall be governed by established trade customs,
7. Terms inconsistent with this estimate will not be binding on the seller.
8. Orders will be priced in accordance with quantities quoted and released for shipment at one time FREIGHT $2,457.00
unless customer is notified of a variation.
QUOTED BY: TITLE:
Barbara Humphrey Assistant Sales Coordinator che (ere :
cc: MS, DW, RB and City of Nashua LF-4332 (file) ~ GRAND TOTAL $34,250.00

THE CITY OF NASHUA “The Gate City"

Administrative Services

Purchasing Department

July 4, 2019
Memo #20-006

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | CONTRACT FOR CANAL STREET BRIDGE REPAIRS TO ABUTMENT (VALUE:
$39,905)
DEPARTMENT: 160 ADMIN/ENGINEERING: FUND: CAPITAL

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated June 27, 2019
for 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 shail be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The City Engineer, Board of Public Works (June 27, 2019 meeting) and the Purchasing Department
recommend the award of this contract in an amount of $39,905 to William P. Davis Excavation, of
Hampton, NH.

Ae ylp,

an Kooken
Purchasing Manager

Cc: S Dookran L Fauteux

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

To:

From:

D. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 27, 2019

Stephen Dookran, P.E., City Engineer
Engineering Department

Canai Street Bridge Repairs to Abutment

To award the construction contract for the installation of weep holes at the Canal Street
Bridge to William P. Davis Excavation of Hampton, NH in the amount of $39,905.
Funding is through Department: 160 Admin/Engineering; Fund: Capital; Activity:
Bridge Rehab.

The Canal Street Bridge over Nashua River is part of a significant east-west

arterial road seeing approximately 30,000 vehicles per day. In the routine NHDOT
inspections, the bridge currently has a rating of 4 for the substructure. The main issue
in the substructure is the East Abutment concrete spalling.

Fuss & O’Neil of Manchester, NH CLD designed the repairs and prepared the bid
package for construction. Work includes the installation of weep holes at the east
abutment. The function of the weep holes is to drain water that is currently seeping
through and causing further deterioration of the concrete. Once this water seepage issue
is resolved, a later phase of work will be repairs to the deteriorated concrete. The
concrete repair work cannot be done until the water seepage has subsided.

The construction package for the repairs was advertised on March 7, 2019. The
Engineer’s Estimate prepared by Fuss & O’Neil was $47,000. Two bids were received
on June 20, 2019 as follows:

William P. Davis Excavation of Hampton, NH $39,905

Defelice Corporation of Dracut, MA $47,500

The low bidder has recently completed work for the Division with satisfactory results.
Example projects include a Yard Hydrant and a Siphon Covers Installation project for
the Wastewater Department and a Guardrail Installation project on Temple St for the
Engineering Department.

Pending approval, this work will be completed by October of this year.

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: William P. Davis Excavation

PO Box 758

Hampton, NH 03843

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

For the following Project. CANAL STREET BRIDGE REPAIRS

WEEP HOLES

IFB0281-062019

ARTICLE 1 — THE CONTRACT DOCUMENTS

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

1.

wPYd

6.

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

Drawings and Specifications provided in the bid documents;

Payment and Performance Bonds, if applicable;

Insurance Certificate;

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

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maintain and complete work in accordance with the requirements of the contract or determination
of the City of Nashua. Professional Engineer is responsible for requesting clarification or
interpretation and is solely liable for any cost or expense arising from its failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Professional Engineer 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional Engineer
shall:

Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory
to the City of Nashua of all orders or subcontracts to the extent they relate to the
performance of work terminated, abandoned, or suspended under the notice, assign to
the City of Nashua any orders or subcontracts specified in the notice, and revoke
agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a

written notice from the City of Nashua to resume performance.

_—

In the event of a termination, abandonment, or suspension at will, Professional Engineer shall
receive all amounts due and not previously paid to Professional Engineer for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for work
thereafter completed as specified in the notice. No amount shall be allowed or paid for anticipated
profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day's written notice to Professional Engineer in the event of a failure by Professional
Engineer to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress on
the work in a timely and professional manner. Professional Engineer shall be given an opportunity
for consultation with the City of Nashua prior to the effective date of the termination. Professional
Engineer may terminate the contract on 10 calendar days written notice if, through no fault of
Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45 days after the
date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Professional Engineer shall:

1. Immediately discontinue work on the date and to the extent specified in the notice,

2. Provide the City of Nashua with a list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory
to the City of Nashua of all orders or sub contracts to the extent they relate to the

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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.

SCOPE OF SERVICE:

Installation of five (5) weep holes at the east abutment wall of the Canal Street Bridge. The
purpose of the weep holes installations is to drain entrapped water behind the wall. The water
is seeping through deteriorated portions of the wall. The water needs to be drained away by
the weep holes before we can perform concrete repairs to the abutment wall.

ARTICLE 3 — PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete work by _October 8, 2019 which date 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. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

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:

THIRTY-NINE THOUSAND NINE HUNDRED AND FIVE DOLLARS ($39,905.00)

The Contract Sum shall include all 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 shall be no:

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5.
6.

Withholding of income taxes by the OWNER:

Industrial insurance coverage provided by the OWNER;

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

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;

Unemployment compensation coverage provided by the OWNER.

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 limit the amount of its liability to the OWNER or other persons, and
CONTRACTOR is encouraged to purchase such additional insurance, as it deems
necessary.

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

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

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

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

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify
and hold harmless the OWNER, its agents, officials, employees and authorized representatives
and their employees from and against any and all suits, causes of action, legal or administrative
proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs
and expenses of any kind or nature in any manner caused, occasioned, or contributed to in
whole or in part by reason of any negligent act, omission, or fault or willful misconduct,
whether active or passive, of CONTRACTOR or of anyone acting under its direction or
control or on its behalf in connection with or incidental to the performance of this contract.
CONTRACTOR’s indemnity 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 harmless.

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General Terms and Conditions

ARTICLE 6 — GENERAL PROVISIONS

1.

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 shall 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.

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ARTICLE 8 - CONTRACTOR

1.

10.

il.

12.

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

The CONTRACTOR shall carefully study and compare the Contract Documents with
each other and with information furnished by the OWNER. Before commencing activities,
the CONTRACTOR shall: (1) take field measurements and verify field conditions; (2)
carefully compare this and other information known to the CONTRACTOR with the
Contract Documents; and (3) promptly report errors, inconsistencies or omissions
discovered to the OWNER.

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

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

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

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

The CONTRACTOR shall deliver, handle, store and install materials in accordance with
manufacturers’ instructions.

The CONTRACTOR warrants to the OWNER that (1) materials and equipment furnished
under the contract will be new and of good quality unless otherwise required or permitted
by the Contract Documents; (2) the Work will be free from defects not inherent in the
quality required or permitted; and (3) the Work will conform to the requirements of the
Contract Documents.

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

The CONTRACTOR shall obtain and pay for the building permit and other permits and
governmental fees, licenses and inspections necessary for proper execution and completion
of the Work.

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

The CONTRACTOR shall promptly review, approve in writing and submit Shop
Drawings, Product Data, Samples and similar submittals required by the Contract
Documents. Shop Drawings, Product Data, Samples and similar submittals are not
Contract Documents.

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