Search

THE CITY OF NASHUA

Financial Services

"The Gate City"

Purchasing Department

September 27, 2018
Memo #19-074

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CASTINGS PURCHASE FOR THE 2018 FEDERAL PAVING PROGRAM (VALUE:
$110,120)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated September
20, 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 (September 20, 2018 meeting) and the Purchasing Department
recommend the award of this purchase in an amount of $110,120 to EJ Prescott, Inc. of Concord, NH.

Respectfully,

eA 7,

i a

| ‘an Kogokén Sn
Purchasing Manager

Ce: S Dookran L Fauteux

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

To:

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 20, 2018

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

2018 Federal Paving Program — Amherst St. (Rt. 101A), Somerset Parkway, Broad
St. (Rt. 130) and Kinsley St (Rt. 111)
Castings

To approve the purchase of manhole and catch basin castings from EJ Prescott, Inc.,
of Concord, NH in the amount of $110,120. Funding will be through: Department:
169 Wastewater; Fund: Wastewater; Activity: Sewer Structures.

The 2018 Federal Paving Program includes the work of replacing all broken and
obsolete manhole and catch basin castings within the limits of work on Amherst St.
(Rt. 101A), Somerset Parkway, Broad St. (Rt. 130) and Kinsley St (Rt. 111). In order
to keep costs low, the paving contract specifies that the castings will be supplied by
the City. This approval is for the purchase of 280 catch basin frames, 260 catch basin
grates, 240 manhole frames, 120 sewer manhole covers, and 4204 120 (K CT) drain
manhole covers, meeting DPW specifications and “Buy America” federal
requirement, to be installed under the 2018 Paving Program.

Bid requests were sent to the following six vendors and given below are the
responses:

EJ Prescott, Inc. of Concord, NH $110,120
Concord Winwater works, Concord, NH $113,767.60
F W Webb Waterworks, Londonderry, NH $125,120
Vellano Corporation of Raymond, NH No Bid

EJ USA, Inc. of Brockton, MA No Bid
Industrial Ferguson Foundry, Union, NJ No Bid

Three bids were received out of six bid requests and EJ Prescott, Inc. was determined
to be the lowest qualified bidder. EJ Prescott’s bid is in the amount of $110,120.00.
EJ Prescott, Inc. has satisfactorily supplied these products to the City in the past and
the prices are reasonable.

item No. Quantity Ordered
4 260
2 126
3 420
4 80
5 160
6 20
7 2G
8 248

City of Nashua

BPW - Engineering Department

2018 Federal Paving: City of Nashua Castings

Units

EA
EA
EA

DESCRIPTION

Catch Basin Grates
Drain Manhole Cavers with Raised
Letters "DRAIN".
Sewer Manhole Covers with
Raised Letiers "SEWER".
4 Flange Catch Basin Frames with
4" Rise
3 Flange Catch Basin Frames with
4" Rise
3 Flange Catch Basin Frames with
8" Rise
4 Flange Catch Basin Frames with
&" Rise
Manhole Frames with 6" Rise

Gastings

Unit Price

$74.00

$138.00

$138.00
$107.00
$107.00
$118.00

$118.00

$114.06

TOTAL BID PRICE

Dollars and Cents

*All units shall be US products (applicable to Federal guidelines of “Buy America’)

*All units shall be Heavy Duty.

“Prices are to be quoted FOB delivered to the City of Nashua laydown yard at 6 Riverside St, Nashua, NH 03062.

*Delivery will be required within ten (10) days after issuance of Purchase Order.

*Shop Drawings and Certificates of Compliance will be required.

Suppier

Authonzed Signature

Date

3

dee Comn—

Z

Gelko bY

Ore S(o tt

$6,580.00

Castings
Tetal Price

$19,240.00
$18,560.00

$16,560.00
$17,120.00
$2,360.00

$2,360.00

$27,360.00

$716,120.06

THE CITY OF NASHUA “The Cate Cty’

Financial Services

Purchasing Department

September 27, 2018
Memo #19-066

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR SCRAP METAL RECYCLING (VALUE: $0)
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 tnis contract.

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 $0 to Excel
Recycling LLC of Freetown, MA.

Respecttull
Pe, 4 “9
VFM: _

ban Koken
Purchasing Manager

C

Cc: D Boucher L Fautuex

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

To:

From:

Re:

E. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 20, 2018

David Boucher, Superintendent
Wastewater Department

Scrap metal recycling contract with Excel Recycling LLC, Freetown, MA

To approve a three year contract between the City of Nashua and Excel Recycling
for the recycling of scrap metal at the Wastewater Treatment Facility. Revenue
generated through this contract will be directed to: Department: 169 Wastewater;
Fund: Wastewater; Account Classification: 45 Miscellaneous Revenue

The Wastewater Department has been accumulating scrap metal consisting of
sewer manhole and catch basin castings that can no longer be used and out of
service equipment and old process piping no longer in use at the wastewater
facility. The Wastewater Department would like to have the metals removed
using the same scrap metal recycling company used by the Solid Waste
Department. The Solid Waste Department went out to bid for the contract earlier
this year and chose Excel Recycling from five vendors. The selection was
approved at the April 26, 2018 BPW Meeting.

The value of scrap metal being recycled will be based on the American Metals
Market price on #1 Heavy Melt Steel less $45 a ton for trucking. Estimated
annual revenue is $5,000 - $8,000 dollars.

CONTRACT FOR INDEPENDENT CONTRACTOR

WWTF SCRAP METAL RECYCLING PROGRAM

A. CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

EXCEL RECYCLING, LLC

and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

17 RIDGE HILL ROAD, FREETOWN, MA 02702

ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A --GENERAL CONDITIONS FOR CONTRACTS
Exhibit B —- COSTS and REVENUE SHARING

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 Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent 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.

AG 1of3

3. PERIGD OF PERFORMANCE. Independent 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. Independent Contractor
shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

The term of the contract will be for three (3) years with first year commencing on or about July 1, 2018
and terminating on June 30, 2021. Each year is subject to annual budget appropriations and at the City
of Nashua's sole discretion. A separate/amended purchase order shall be issued for each year of the
contract.

4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed
ZERO DOLLARS ($00.00) annually for each year of the contract and in accordance with
EXHIBIT B: COSTS and REVENUE SHARING

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

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance with
the values stated in the Agreement. Such applications shall be supported by such data substantiating the
Independent Contractor’s right to payment as the City of Nashua may reasonably require. Independent
Contractor shall submit monthly requests for payment for services performed under this agreement
directly to:

» 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 City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month.
The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTIcEs. All notices, requests, or approvals required or permitted to be given under this contract

shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

AG 2 of 3

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Dave Boucher, Superintendent Vinnie Murphy, Buyer
City of Nashua, Wastewater Treatment Facility Excel Recycling

2 Sawmill Road 17 Ridge Hill Road
Nashua, NH 03060 Freetown, MA 02702

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) Excel Recycling, LLC (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG3 of 3

NAY FY NH >

oo

10.
11.
12.
13.
14.
15.
16.
17,
18.
19,
20.
21.
22.
23.
24,
25.
26.
27.
28.
29,
30.
31.

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK

CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

GC i of 11

GC--2
GC--2
GC--2
GC--3
GC--3
GC--3

GC--3
GC--4
GC--5
GC--6
GC--6
GC--7
GC--7
GC--7
GC--7
GC--8
GC--8
GC--8
GC--G
GC--9
GC--9
GC--10
GC--10
GC--10
GC--10
GC--10
GC--11
GC--11
GC--11
GC--11
GC--11

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its
successors, transferees and assignees (together “Independent Contractor”) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors

INDEPENDENT CONTRACTOR STATUS The parties agree that Independent 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, contractors, or subcontractors. The
only contractual relationship created by this contract is between the City of Nashua and
Independent Contractor, and nothing in this contract shall create any contractual relationship
between the City of Nashua and Independent Contractor's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Independent Contractor is not a City of
Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Independent Contractor or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Independent Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Independent Contractor warrants that all work shail be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Independent Contractor to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to ali other rights which the City of Nashua may have,
Independent Contractor shall, at its own expense and without additional compensation, re-
perform work to correct or revise any deficiencies, omissions, or errors in the work or the product
of the work or which result from Independent Contractor's failure to perform in accordance with
this standard of care. Any approval by the City of Nashua of any products or services furnished
or used by Independent Contractor shall not in any way relieve Independent Contractor of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Independent Contractor's work under
this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and Independent Contractor shall be and remain liable in accordance with the
terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Independent Contractor to perform work under this contract. Approved key personnel shall not
be taken off of the project by Independent Contractor without the prior written approval of the
City of Nashua, except in the event of termination of employment. Independent Contractor shall,
if requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

GC 2 of 11