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THE CITY OF NASHUA “the Cate City"

Financial Services

Purchasing Department

September 27, 2018
Memo #19-068

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: WWTF DOOR UPGRADES PROJECT (VALUE: $136,155)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated September 20, 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 shail be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.
The Superintendent Wastewater Department, the Board of Public Works (September 20, 2018 meeting)
and the Purchasing Department recommend the award of this contract in an amount of $136,155 to
Paxor Construction of Merrimack, NH.

Re

poe

“ / Dah K6oken
Purchasing Manager

Co: D Boucher L Fautuex

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

To:

From:

Re:

D Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: September 20, 2018

David L. Boucher, Superintendent
Wastewater Department

Door Upgrades Project

To approve the contract with Paxor Construction of Merrimack, NH in the amount of
$136,154.86 for the purchase/installation or repair of 21 doors at the Wastewater
Treatment Facility. Funding will be through Department: 169 Wastewater; Fund:
Wastewater; Account Classification: 81 Major Capital Outlay/Improvements.

Paxor Construction’s Bid

The Wastewater Facility has 12 buildings or structures each of which has many doors.
Many of these, installed between 30 to 60 years ago, are in poor condition with
considerable corrosion. A complete evaluation of all the doors in the plant was completed
and a list of doors needing replacement and/or repairs was prepared and sent to
contractors along with bidding instruction and a bid form.

The Wastewater Department sent bids to 7 contractors and an additional two other
contractors expressed interest in this project. Two bids were received for the bid opening.

The following is a summary of costs on the bids received:

Paxor Construction, LLC $136,154.86
Berkley Building Company $225,418.00

The low bidder, Paxor Construction, LLC, with a bid in the amount of $136,154.86,
appears reasonable for the scope of this project. The engineer estimate was of $118,500.
Paxor provided references who were contacted and reported they provided quality
workmanship for the doors installed. Paxor have also completed numerous door
replacement projects similar in scope to this project.

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: Paxor Construction, LLC
PO Box 1401
Merrimack, NH 03054
and its successors, transferees and assignees
(together “CONTRACTOR”)

For the following Project: WWTF Door Upgrades Project
IFB0331-091218

ARTICLE i —- THE CONTRACT DOCUMENTS

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

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

Paxor Bid Submission dtd September 10, 2018;

Payment and Performance Bonds, if applicable;

Insurance Certificate;

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

6. Fully Executed OWNER Purchase Order

we WN

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

Page 1 of 12

ARTICLE 2 — PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work within the time periods set forth and may only
be altered by the parties by a written agreement to extend the period of performance or by termination
in accordance with the terms of the contract.

The date of commencement shall be the date of the “Notice to Proceed”. Completion time for the
project will be calculated as calendar days from the date specified in the “Notice to Proceed”, as
follows:

150 calendar days for substantial completion
180 calendar days for final completion

Substantial Completion is defined as the time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of the WASTEWATER ENGINEER, the Work (or a
specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms
“substantially complete” and “substantially completed” as applied to all or part of the Work refer to
Substantial Completion thereof.

ARTICLE 3 — 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:

ONE HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED FIFTY FOUR and 86/100
DOLLARS ($136,154.86)

The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

ARTICLE 4 — 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.

> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$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

Page 2 of 42

limit or qualify the liabilities and obligations assumed CONTRACTOR under this
contract. OWNER shall not maintain any insurance on behalf of CONTRACTOR.
Subcontractors are subject to the same insurance requirements as CONTRACTOR and it shall
be CONTRACTOR’s responsibility to ensure compliance of this requirement.

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 imsured 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.

> 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. AII
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 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
shall defend 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, defense 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.

Page 3 of 12

10.

11.

12.

13.

14.

15.

16.

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 Performance Bond and a Payment
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 contro] 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 shali 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.

The CONTRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits, the Contract Documents and the OWNER.

The CONTRACTOR shall be responsible for cutting, fitting or patching required completing
the Work or to make its parts fit together properly.

The CONTRACTOR shall keep the premises and surrounding area free from accumulation of
debris and trash related to the Work.

CONTRACTOR warrants and guarantees to OWNER, for 1 (one) year, upon completion of
work, that all Work will be in accordance with the Contract Documents and will not be

Page 5 of 12

defective. CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage

caused by:

> Abuse, modification, or improper maintenance or operation by persons other than
CONTRACTOR, subcontractors, suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or

> Normal wear and tear under normal usage.

ARTICLE 8 — CHANGES IN THE WORK

L,

After execution of the Contract, changes in the Work may be accomplished by Change Order
or by order for a minor change in the Work. The OWNER, without invalidating the Contract,
may order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted
accordingly.

. A Change Order shall be a written order to the CONTRACTOR signed by the OWNER to

change the Work, Contract Sum or Contract Time.

Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the Board of Public
Works and the OWNER’s Finance Committee vote prior to proceeding.

The OWNER will have authority to order minor changes in the Work not involving changes in
the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract
Documents. Such changes shall be written orders and shall be binding on the OWNER and
CONTRACTOR. The CONTRACTOR shall carry out such written orders promptly.

If concealed or unknown physical conditions are encountered at the site that differ materially
from those indicated in the Contract Documents or from those conditions ordinarily found to
exist, the Contract Sum and Contract Time shall be subject to equitable adjustment following
authorization of the OWNER to the charges.

ARTICLE 9 — TIME

1,
2.

Time limits stated in the Contract Documents are of the essence to the Contract.

If the CONTRACTOR is delayed at any time in progress of the Work by changes ordered in
the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other
causes beyond the CONTRACTOR’s control, the Contract Time shall be extended by Change
Order for such reasonable time as may be determined.

ARTICLE 1i — PAYMENTS AND COMPLETION

1,

The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work under
the Contract Documents.

Each item shall be submitted for payment upon completion and verified as complete by
Wastewater Engineer or Wastewater Superintendent, at which time the CONTRACTOR
shall submit an itemized Application for Payment for operations completed in accordance
with the values stated in the Agreement. Such application shall be supported by such data
substantiating the CONTRACTOR’s right to payment as the OWNER may reasonably
require.

Page 6 of 12

10.

11.

12.

Application for Payment performed under this agreement shall be submitted as follows:

>» Electronically via email to VendorAPInvoices@NashuaNH.gov

OR
» Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the OWNER
requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

The CONTRACTOR warrants that title to all Work covered by an Application for Payment
will pass to the OWNER no later than the time of payment. The CONTRACTOR further
warrants that upon submittal of an Application for Payment, all Work for which Certificates for
Payment have been previously issued and payments received from the OWNER shail, to the
best of the CONTRACTOR’s knowledge, information and belief, be free and clear of liens,
claims, security interests or other encumbrances adverse to the OWNER’s interests.

OWNER shall make payments, for work satisfactorily completed and accurately invoiced, on
the basis of CONTRACTORs Application for Payment, within 30 days of approval by the
OWNER.

The CONTRACTOR shall promptly pay each subcontractor and supplier out of the amount
paid to the CONTRACTOR on account of such entities’ portion of the Work.

The OWNER shall have no responsibility for the payment of money to a subcontractor or
supplier.

. An Application for Payment, a progress payment, or partial or entire use or occupancy of the

project by the OWNER shall not constitute acceptance of Work not in accordance with the
requirements of the Contract Documents.

Substantial completion is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so the
OWNER can occupy or utilize the Work for its intended use.

When the Work or designated portion thereof is substantially complete, the CONTRACTOR
and OWNER shall establish responsibilities for completion and shall fix the time within which
the CONTRACTOR shall finish all items on the list accompanying the Certificate.
Warranties required by the Contract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Substantial Completion.

Upon receipt of a final Application for Payment, the OWNER will inspect the Work. When
he finds the Work acceptable and the Contract fully performed, the OWNER will promptly
issue a final Certificate for Payment.

Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

Page 7 of 12

ARTICLE li- RETAINAGE

1. The OWNER will retain a portion of the progress payment, each month, in accordance with the
following procedures:

a. The OWNER will establish an escrow account in the bank of the OWNER’s
choosing. The account will be established such that interest on the principal will be
paid to the CONTRACTOR. The principal will be the accumulated retainage paid
into the account by the OWNER. The principal will be held by the bank, available
only to the OWNER, until termination of the contract.

b. Until the total value of the contract work is 50% complete, as determined by the
OWNER, retainage shall be 10% of the monthly payments claimed. The computed
amount of retainage will be deposited in the escrow account established above.

c. After the total value of the contract work work is 50% complete, and provided the
CONTRACTOR has satisfied the OWNER in quality and timeliness of the work, and
provided further that there is no specific cause for withholding additional retainage no
further amount will be withheld. The escrow account will remain at the same balance
throughout the remainder of the project.

2. Upon final completion and acceptance of the total value of the contract work, OWNER shall

hold 2% retainage during the 1 (one) year warranty period and release it only after the project
has been accepted.

ARTICLE 12— PROTECTION OF PERSONS AND PROPERTY

1.

The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with performance
of the Contract. The CONTRACTOR shall promptly remedy damage and loss to property
caused in whole or in part by the CONTRACTOR, or by anyone for whose acts the
CONTRACTOR may be liable.

ARTICLE 13 — CORRECTION OF WORK

1.

The CONTRACTOR shall promptly correct Work rejected by the OWNER as failing to
conform to the requirements of the Contract Documents. The CONTRACTOR shall bear the
cost of correcting such rejected work

In addition to the CONTRACTOR’s other obligations including warranties under the
Contract, the CONTRACTOR shall, for a period of one year after Substantial Completion,
correct work not conforming to the requirements of the Contract Documents.

. If the CONTRACTOR fails to correct nonconforming Work within a reasonable time, the

OWNER may correct it and the CONTRACTOR shall reimburse the OWNER for the cost of
the correction.

ARTICLE 14 — PROHIBITED INTERESTS

CONTRACTOR shall not allow any officer or employee of the OWNER to have any indirect or
direct interest in this contract or the proceeds of this contract. CONTRACTOR warrants that no
officer or employee of the OWNER has any direct or indirect interest, whether contractual, non-
contractual, financial or otherwise, in this contract or in the business of the CONTRACTOR.

Page 8 of 12

(continued)

Amount
Serial Outstanding
Maturities Interest as of
Business-Type Activities Through Rate % 6/30/21
Solid Waste Disposal Fund:
Multisite Landfill - Roussel/Gardner 8/1/2022 1.53% $ 149,814
Mulltisite Land fill - Old Nashua 8/1/2022 1.53% 46,486
Multisite Landfill - Shady Lane 8/1/2022 1.53% 22,733
Mulltisite Land fill - Atherton Park 8/1/2022 1.53% 8,847
Vehicles 9/15/2023 2.19% 1,112,000
Lined Landfili Expansion II 4/15/2024 2.89% 1,275,000
Landfill Compactor 7/15/2024 1.65% 265,000
Landfill Closure 8/1/2024 1.87% 1,497,394
Mulltisite - Lincoln Park 8/1/2024 1.87% 310,404
Mulusite - Engineenng 8/1/2024 1.87% 206,701
Refuse Trucks 11/1/2024 1.43% $20,000
Refuse Trucks 8/1/2025 0.40% 452,500
Landfill Phase 3 11/1/2029 1.52% 4,505,000
Land fill Expansion 3/15/2037 2.71% 395,000
Gas System 3/15/2037 2.70% 235,000
Soil Wall 3/15/2037 2.73% 160,000
Soil Wall 9/15/2037 3.00% 115,000
Gas System 9/15/2038 3.16% 360,000
Land fill Improvements 11/1/2039 2.22% 570,000
Gas System Expansion 8/1/2040 158% 470,000
Barrier W all 8/1/2040 161% ___ 425,000
Total Solid Waste Fund 13,10%,879
Amount
Serial Outstanding
Maturities Interest as of
Business-Type Activities Through Rate % 6/30/21
Waste Water Treatment Fund
Net Metenng Project 8/1/2021 1.36% 24,817
Wet Weather SRF Loan 8/1/2029 2.58% 13,313,128
Haines Street Sewer Project 8/1/2030 2.62% 331,532
Nashua Storage Tank Facihty 4/1/2033 2.63% 3,090,023
Aeration Blower Upgrade 4/1/2033 2.63% 2,230,279
Dewatering Equipment Replacement 4/1/2033 2.63% 1,714,698
Dewatering Equipment Replacement 5/1/2034 3.04% 1,430,000
Harbor Avenue SRF Loan 8/1/2034 2.86% 3,220,053
Water Pollution Controt 8/1/2035 2.55% 10,521,478
Headworks Upgrade 8/1/2038 2.54% 3,188,000
Sewer Rehabilitation 9/15/2038 3.04% 2,118,000
Sewer Infrastructure Improvements 11/1/2039 2.21% 4,335,000
Water Booster Station Upgrades 1/1/2040 1.99% 691,822
Total Wastewater Fund 46,208,830
Total Enterpnse Fund Bonds and Notes Payable $ 59,310,709

68