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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

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 imvalidity 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.

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 Cate Cy’

Financial Services

Purchasing Department

December 27, 2018
Memo #19-103

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR PRIMARY TANK UPGRADE PROJECT ~ CONSTRUCTION
SERVICES (VALUE: $3,629,340)
DEPARTMENT: 169 WASTEWATER; FUND: WERF AND SRF LOAN

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated December 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 shall 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 (December 20, 2018 meeting)
and the Purchasing Department recommend the award of this contract in an amount of $3,629,340 to
Methuen Construction, Inc. of Plaistow, NH.

Dan Kooken
Purchasing Manager

Cc: D Boucher L Fautuex

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

To:

From:

Re:

F. Motion:

Discussion:

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

David L. Boucher, Superintendent
Wastewater Department

Primary Tank Upgrade Project

To approve the contract with Methuen Construction of Plaistow, NH in the amount not to
exceed $3,629,340 for the construction of upgrades to the primary tanks at the
Wastewater Treatment Facility. Funding will be through Department: 169 Wastewater;
Fund: WERF and SRF Loan; Activity: Primary Upgrade Project.

The Nashua Wastewater Treatment Facility is undergoing an upgrade of its primary
tanks. The design was completed at the end of October 2018. Plans and specs were sent
to 6 contractors on October 29, 2018 and the bid opening was held on November 29,
2018. Four bids were received as follows:

Methuen Construction, Inc. 53,629,340
Waterline Industries $4,247,677
TBuck Corporation $4,995,290
Kinsmen Corporation $5,722,000

Methuen Construction bid of $3,629,340 is lower than the engineer’s estimate of $3.7
million. Methuen Construction is well qualified for this project and has performed well in
multiple projects at the wastewater facility in the past.

A-3.1

BID

To the CITY OF NASHUA, NEW HAMPSHIRE (hereinafter called “OWNER").

Proposal of Methuen Construction Company, Inc. (hereinafter

called “BIDDER"), organized and existing under the laws of the State Massachusetts
doing business as Corporation
(Corporation, Partnership, Individual}

(hereinafter called
Tothe CITY OF NASHUA, NEW HAMPSHIRE "OWNER").

Tn compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK
for the construction of _JFB 0285-112918 Primary Tank Upgrade Project
in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at

the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto
certifies as to his own organization, that this BID has been arrived at independently, without
consultation, communication, or agreement as to any matter relating to the BID with any other
BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified
in the NOTICE TO PROCEED and to complete the PROJECT within:

450 consecutive calendar days for substantial completion.
510 consecutive calendar days for final completion.
Liquidated damages will be in the amount of $ 1,000 for each calendar day of delay
fom the date established for substantial completion and 1.000 for each calendar day

of delay from the date established for final completion, as provided in Section 18 of the
General Conditions.

BIDDER acknowledges receipt of the following ADDENDUM:

One dated November 16, 2108
Two daied November 16, 2018

13774B

A-3B.2
The BIDDER shall state below what works ofa similar character to that of the proposed contract he

has performed and provide such references as will enable the OWNER to judge his experience, skill,
and business standing.

All questions must be answered, and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, add separate sheets.

1. Name of Bidder. Methuen Construction Company, Inc.

% Permanent Main Office address, 144 Main Street, PO Box 980, Plaistow, NH 03865

3. When organized? January 28, 1960

4. Where incorporated? Massachusetts

5. Js BIDDER registered with the Secretary of the State to do business in New Hampshire? Yes

6, For how many years has your firm engaged in the contracting business under its present name? 58
Also, state names and dates of previous firm names, if any.

7. Contracts on hand. (Schedule these, showing gross amount of each contract and the approximate
anticipated dates of completion.) Please see Attachment A

8, General character of work performed by your company. Please see Attachment B

$8, Have you ever failed to complete any work awarded you in the scheduled contract time,
including approved time extensions? __ (Yes) X_(No).
Tfso, where and why? .

10. Have you ever defaulted on a contract? __(Yes) X_(€No).
Ifso, where and why?

11. Have you ever had liquidated damages assessed on a contract? (Yes) _X (No).
Ifso, where and why?

12. List the more important contracts recently executed by your company, stating approximate cost
for each, and the month and year completed. See Attachment C

13, List your major equipment available for this contract. See Attachment D

14. List your key personnel such as Project Superintendent and foreman available for this contract.
See Attachment E
15. List any subcontractors whom you would expect to use for the following (unless this work is to
be done by your own organization):

a. Civil Engineering Alf subcontractors will be submitted to Owner for approval
b. Utility Installation upon award on the contract.
c, Other work

137743

he

A-3,3
16. BIDDER has included the services of Electrical Installations, Inc., Moultonborough, NH (the
City’s preferred System Integrator), in its Bid for PLC Programming, OIT Programming, HMI
Programming, and integration of new SCADA system. _X(Yes) __(No).

17. With what banks do you conduct business? Enterprise Bank
Do you grant the Engineer permission to contact this (these) institutions? X_(Yes) _ (No)

NOTE: BIDDERS may be required to furnish their latest financial statement as part of the award

process.
esp&etfully su
144 Main Street, PO Box 980, Plaistow, NH 03865
Shgnature ONS Address
President and CEO November 29, 2018 wait
Title Date vo
Joseph A. Barbone, Jr. Being duly swom, deposes and says that he is:
President and CEO of Methuen Construction 9 company. inc.

of Organization)
and that the answers to the foregoing questions and all statements contained therein are true and

correct.

Sworn to before me this 29% day of November , 20 18

, . ct

}

I" Notary Public. * \ 4. cyt :

My commission expires _ September 17, 2019 HICHELLE J, DOUGLASS, Notary Publ
; My Commission Expires Sapteniber 47, 2019

*}

_ Geal - Lf BID is by Corporation)

ATTES?:

(oO

BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the
following unit prices ox lump sum:

NOTE: BIDS shall exclude sales tax and include all other applicable taxes and fees.

13774B

A-3.4
BID SCHEDULE

BIDDER will complete the Work in accordance with the CONTRACT DOCUMENTS for the
following price(s). BIDDER must complete all items including Alternates. NOTE: CITY IS
EXEMPT FROM SALES TAX. BIDS shall include all other applicable taxes and fees,

Item
No. | Approximate Brief Description of Item Amount
Quantity With Unit Bid Price in Words In Figures
BASE BID
Primary Tank Uperade Project, complete
1 Lump Sum a ;
Three Million, Three Hundred Seventy-Five Thousand, & 3.375.723
$ Seven Hundred Twenty-Three Dollars oO
Lump Sum
100 CY* Misc. Reinforced Concrete
2 § One Hundred Fifty Dollars $ 15,000
Per Cubic Yard
5000 SE* Concrete Tank Wall Resurfacing
3
$ Eleven Dollars $ 55,000
Per Square Foot
500 CR* Concrete Surface Repairs
4 $ One Hundred Fifty Dollars g 75,000
Per Cubic Foot
300 LE* Concrete Crack Repairs
5 § Fifty-Five Dollars 3 16,500
Per Linear Foot
SCADA Programming, Network Modifications, PLC
Allowance Programming Services provided by Electrical
6 Installations, Inc. (Application Engineering Services $54,457.00
Supplier - AESS) moe
3 Fifty-four thousand, four hundred fifty-seven, dollars
and 0/100 cents
Allowance

13774B

A-3.5

Item,
No. Approxiniate Brief Description of Item Amount
Quantity With Unit Bid Price in Words In Figures
Allowance | Plant Water Pumping Package Supplied by Grundfos
7 $ Thirty-two thousand six hundred sixty dollars and $32,660.00
O/T 00 cents
Allowance
Exploratory Services at the Direction of the Owner
8 Allowance $ Five thousand dollars and 0/100 cents $5.000.00
Allowance °
TOTAL BASE BID: Total of Items 1 through 8 above.
Three Million, Six Hundred Twenty-Nine Thousand, Three Hundred (8 3,629,340 }
Forty Dollars (Use Figures)
(Use Words)
Ttem | Approximate . _— Amount
: Brief Description of Item i
No. | Quantity With Unit Bid Price in Words in Figures
BID ALTERNATES
Bid Alternate A — ADD / DEDUCT for providing and
Lun Sun installing Brentwood / Polychem Longitudinal Sludge
9 ' | Collection Mechanism System Package.
¢ 20,000
$ Twenty Thousand
Lump Sum -
SUBTOTAL (BID ALTERNATES): Total of Item 9 above.
Tweniy Thousand Dollars ($__ 20,000
(use figures)
(use words)
TOTAL BID: = Total of Items 1 through 9 above.
Three Million, Six Hundred Forty-Nine Thousand, Three Hundred ($ 3,649,340 )
(use figures)

Forty Doilars

(use words)

13774B

THE CITY OF NASHUA the Gate City’

Financial Services

Purchasing Department

December 27, 2018
Memo #19-104

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF A RAW SEWAGE PUMP SUCTION COVER ASSEMBLY (VALUE:

$20,890)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated December 20, 2018 for the information related to this contract.

Pursuant to § 5-84 Special purchase procedures A. (5) Purchases from a sole manufacturer, where it is
determined to be more efficient and to reduce costs of maintenance of additional repair parts, supplies or
services

The Superintendent Wastewater Department, the Board of Public Works (December 20, 2018 meeting)
and the Purchasing Department recommend the award of this purchase in an amount of $20,890 to
Xylem Water Solutions U.S.A., Inc. of Woburn, MA.
A Fla

“C ie
Purchasing Manager

Ce: D Boucher L Fautuex

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

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:

t. 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

GC 4 of 11