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27,

28.

29.

30.

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 full 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
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.

GC 11 of 12

31,

32.

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 12 of 12

| THE CITY OF NASHUA “The Gate City’

Administrative Services

Purchasing Department

August 29, 2019
Memo #20-026

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: DIGESTER GAS TANK COATING PROJECT (VALUE TOTAL OF: $136,400)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communications from David Boucher, Superintendent Wastewater Department
dated August 22, 2019 for the information related to these purchases.

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 Superintendent Wastewater Department, Board of Public Works (August 22, 2019 meeting) and
Purchasing recommend the award of this contract in the amount of $136,400 to JB Safety, Inc. of
Kerrville, TX.

Respectfully,
oe (Me

an Koéken
Purchasing Manager

Cc: D Boucher L Fautuex

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

Te:

From:

Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: August 22, 2019

David L. Boucher, Superintendent
Wastewater Department

Gas Tank Coating

To approve the contract with JB Safety, Inc. of Kerrville, TX in an amount not te exceed
$136,400 for coating of the digester gas tank. Funding will be through: Department: 169-
Wastewater; Fund: Wastewater, Wastewater-Digester-Gas Tank Coating.

JB Safety Bid

Digester gas irom anaerobic digester is stored in 35-foot high, 25-foot diameter gas tank.
The anaerobic digester, gas tank and related facilities were constructed in 2000. The gas
tank has had no upgrades since being installed. The gas tank is an entire steel structure
with an inner flexible diaphragm where the gas is stored. Both external and internal sides
of the structure have rust and coating delamination which needs to be renovated to
maintain the integrity of the structure.

This project was out to bid in July, and 4 contractors came to a prebid meeting on July
15". Bids were scheduled to be opened on July 29" Only one bid was received from JB
Safety, in the ammount of $136,400.

References provided by JB Safety were checked and all were favorable. The project
manager has been doing this type of work for over 30 years and the company appears to
be well qualified for this work.

&

BID FORM

Attach additional supporting clacumenis as appropriate

Bidder. JG >ately, Tine
Address: _ 223 Wwoeter §7 D-% Keres - TA 7KOaS

Phone: oS) “657- FUGA E-mail: Conb.ct @ TEScfey nH - com
b03- 6E2-V\IBR YONGE @ MZ Manageme’ T - OT%

ider agrees to perform the specified

Provide written and numeric values for each item. The bic
work for the following prices:

4. The bidder agrees to perform all the of the work for coating portions of the
interior and exterior of the digester gas tank according to the project
scope/specifications/measurement and payment section as described above

for the sum of:
3 126,400 40)
One Heaghteck [h ifpircthasrsoad four uncleeal ond. Oi aa Go Dake rs

- Supplemenial information: Provide a lisi af recently completed projects related to
coating of steel! structures oF tanks. include project name, costs. dates. and contact
information of owner. Contractor must have prior experience similar to this project
and be confined space entry certified. Use additional pages if needed.

Var C Cotoon USB. Iho Lrebe indosbhal OcoyecS for 10 YEAS

A

__ Sagit Kupetman 200-634 8200
_LSters Ev Hood (D £ | @uatcercd (serned ~ay per Si

_U 2 fhe Corn] LA ah rlemor iE & ; flelet lakes hous SO
Fleudked Wuater tourer

9S Aid Soree. Léicktersad 48
if ”
See atfeched aced,

Signature: (tos. Mew. 32 Scfaly 7.24-1f

9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;

(ii) Customer's acquisition of another entity; or (iii) a
transfer or sale of all or part of Customer's
organization (subsections |, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Page 6 of 6

August 31, 2021

IFBi092-072919
DIGESTER GAS TANK COATING PROJECT

FOR THE TANK CAOTING PROJECT

We carried the cost of National Machinery Movers to secure the piston,

We are going to blast interior to SSPC SP10 standard|{ all interior surfaces, in order to warrantee the
project as well as produce a uniform coating that we will provide a 5 year prorated warrantee} and apply
2 coats of Sherwin Williams Macropoxy 646.

For the exterior, we are going to high pressure wash at 5000 psi, prepare to SSPC SP3 standard ( power
tools) apply a full coat of Sherwin Williams Macropoxy 646, and a full coat of Sherwin Williams Acrylon
218 in specified color.

We will provide full NACE inspection throughout project and provide reports at end of project.
For interior coating we will be providing dust collection and dehumidification.

Thank you for the opportunity to quote this to you.

Mike Trainor .
the 224

JB Safety

& THE CITY OF NASHUA

Liegterenitive Nertyes

“The Gate Cit"

arhaune Depavivient

July 15, 2019

IFB1092-072919
DIGESTER GAS TANK COATING PROJECT
ADDENDUM #1

information included in this document becomes a part of the original 1FB.
if you are submitting a paper bid, please sign below to indicate receipt of this additional information and include this
page with your bid submittal. If you are submitting a bid via Bid Express please be sure to acknowledge the addendum

on the website before submitting your bid.

ADDENDUM 1 is being issued to respond to submitted questions and clarify that no bid bond is required with this bid.

Alt other aspecis of the original dacument remain the same.

Failure to acknowledge the addendum will result in the bid submittal being disqualified.

Sincerely,

Danielle Greenberg
City of Nashua - Purchasing Agent 4
preenbergd@nashuanh.gov

Addendum #1 received and incorporated into bid submittal for 1FB1092-072919.
Please sign and include this addendum in your bid package.

{Authdrized Signature)

PALF

{Date}

V8 Saety

(Name of Firm)

HHPOU. O7 20 FO ADNEUDUR Paige Vad %

THE CITY OF NASHUA “The Gate City"

Administrative Services

Purchasing Department

August 29, 2019
Memo #20-027

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PHASE Ill LANDFILL EXPANSION CONSTRUCTION — CHANGE ORDER #1 (VALUE:
$175,000)
DEPARTMENT: 168 SOLID WASTE; FUND: BOND

Please see the attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
August 22, 2018 for the information related to this contract.

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 Solid Waste Department Superintendent, Board of Public Works (August 22, 2019 meeting) and the
Purchasing Department recommend the award of Change Order #1 in an amount of $175,000 to Charter
Contracting Company, LLC of Boston, MA.

Respectfully,

Mk

Dah Kooken
Purchasing Manager

Co: J Lafleur L Fauteux

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