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B\ THE CITY OF NASHUA “The Cate City

Financtal Services

Purchasing Department

LT ALR EET SE NTT ET Sets tI a HS PS hi MER tapers

June 28, 2018
Memo #19-003

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: VEGETATION REMOVAL — MERRIMACK RIVER (VALUE: $42,750)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated June 28,
2018 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 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.
The City Engineer, Board of Public Works (June 28, 2018 meeting) and the Purchasing Department

recommend the award of this contract in an amount of $42,750 to William P Davis Excavating, LLC of
Hampton, NH.

Re Gee

“Dan Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

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

2019

Unamortized
Debt Issuance
fin thousands} Principal Costs
Unsecured note payable to City of Nashua, 5.75%,
due 12/25/2041 $ 104,570 $ °
Unsecured senior note payable due to an insurance company
7.40%, due March 1, 2021 2,800 10
Unsecured Business Finance Authority:
Revenue Bonds (Series 20144), interest rates from 3.00% to 4.125%,
due January 1, 2045 37,830 1,708
Revenue Bonds (Series 2014B), 4.50%, due January 1, 2045 4,930 109
Revenue Bonds (Series 2015A), interest rates from 4.00% to 5.00%,
due January 1, 2046 18,925 1,373
Revenue Bonds (Series 20156), 5.00%, due January 1, 2046 1,735 209
Revenue Bonds (Series 2018A), interest rates fromm 4.375% to 5.00%,
due April 1, 2048 4,460 253
Revenue Bonds (Series 20186), 4.33%, due April 1, 2028 990 S?
Revenue Bonds (Series 20194), interest rates from 2.19% to 4.15%,
due April 1, 2049 8,080 287
Revenue Bonds (Series 20198), 3.38%, due April 1, 2020 170 2
Unsecured notes payable to bank, floating-rate, due March 1, 2030 2,716 13
Unsecured notes payable to bank, 3.62%, due June 20, 2023 1,294 6
Unsecured notes payable to bank, 4.20%, due December 20, 2041 1,160 6
Unsecured notes payable to bank, 4.83%, due December 20, 2041 887 5
Unsecured notes payable to bank, 4.25%, due June 20, 2033 706 6
Unsecured notes payable to bank, 4.90%, due March 6, 2040 557 33
Unsecured notes payable to bank, 5.33%, due June 20, 2043 339 13
Unsecured notes payable to bank, 4.38%, due September 20, 2044 1,145 16
Unsecured New Hampshire State Revolving Fund (“SRF”) notes {1} 21,783 172
Unsecured New Hampshire Drinking Water & Groundwater Trust
Fund ("DWGTF") notes (2} 8,168 11
Unamortized debt issuance costs for defeased obligations,
allowed by regulation - 78
Total 223,245 $ 4,367
Less current portion (6,582)
Less unamortized debt issuance costs (4,367)

Total long-term debt, less current portion
and unamortized debt issuance costs $ 212,296

(i) SRF notes are due through 2049 at interest rates ranging from 1% to 3.8%. These notes are payable in 120 to 240 consecutive monthly
installments of principa! and interest. The 1% rate applies to construction projects still in process until the earlier of (i) the date of
substantial completion of the improvements, or {ii) various dates specified in the note {such earlier date being the interest rate change
date). Commencing on the interest rate change date, the interest rate changes to the lower of {i] the rate as stated in the note or (ii} 80% of
the established 1] General Obligations Gond Index published during the specified time period before the interest rate change date.

(2) DWGTF notes are due through 2050 at interest rates ranging from 1% to 3.38%. These notes are payable in 360 consecutive monthly
nstallments of principle and interest. The 1% rate applies to construction projects still in process until the earlier of {i} the date of
substantial completion of the improvements or fii) June 1, 2020 as specified in the nate (such earlier date being the interest rate change
date). Commencing on the interest rate change date, the interest rate change to the rate as stated in the note.

124

To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 28, 2018

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

Merrimack River — Right Bank Flood Damage Reduction System (Levee)
Vegetation removal

To approve the contract for vegetation removal to William P Davis Excavating,
LLC of Hampton, NH in the amount of $42,750. Funding through Department:
169 Wastewater; Fund: Wastewater; Activity: Merrimack River Levee —
Remedial.

The United States Army Corps (USACE) annually inspects the Merrimack River
- Right Bank Flood Damage Reduction System (Levee) that is located at the
confluence of the Nashua and Merrimack Rivers. A Routine Inspection report
identifies deficiencies that need action to continue to keep the levee system in an
“Acceptable” rating according to USACE regulations. One area identified as
needing attention is vegetation removal on rip rap slopes and around the concrete
floodwall so that these components can be visually inspected.

A request for quotes was emailed to eight vendors with no responses received by
the May 18 deadline. The decision was made to delay the project to the fall.
Recently, William P Davis Excavating, LLC of Hampton, NH, a contractor
completing work at the wastewater treatment plant, stated he was able to remove
vegetation and could submit a quote for the work. The quote submitted for
$42,750 is reasonable. Davis Excavating has completed other work for the DPW
is a timely fashion with satisfactory results.

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 Davis Excavation, LLC

PO Box 758

Hampton, NH 03843

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

For the following Project: | Vegetation Removal of the Nashua Levee

ARTICLE 1 —- THE CONTRACT DOCUMENTS

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

1.

AnRwWN

7.

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

Exhibit A — Scope of Work;

Exhibit B - William Davis Excavation, LLC Bid Form dtd June 15, 2018;

Payment and Performance Bonds;

Certificate of Insurance;

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

Page 1 of 12

ARTICLE 2 — PERIOD OF PERFORMANCE

The 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. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua. Work must be completed by August 31, 2018.

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 Not to Exceed Sum of:

Forty Two Thousand Seven Hundred Fifty Dollars ($42,750.00)

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”.

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:

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;

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

Page 2 of 12

6. 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.

> 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 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 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

General Terms and Conditions

ARTICLE 5 — GENERAL PROVISIONS

l.

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 6— 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.

Page 4 of 12

ARTICLE 7— CONTRACTOR

1.

10.

11.

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 shail 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
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.

Page 5 of 12

13.

14.

15.

16.

The CONTRACTOR shall confine operations at the site to areas permitted by law,

ordinances, permits, the Contract Decuments 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__year, upon completion of

work, that all Work will be in accordance with the Contract Documents and will not be

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

1.

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

I.

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 10 —- 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.

Page 6 of 12

10.

Once every thirty (30) days, 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’ right to payment as the OWNER may reasonably require.

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 shall, 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’ 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.

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