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, THE CITY OF NASHUA “the Gate City"

Financial Services

Purchasing Department

Sepiember 27, 2018
Memo #19-067

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: MANAGEMENT OF WASTEWATER BIOSOLIDS — AMENDMENT 1 (VALUE: $260,000)
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 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Superintendent Wastewater Depariment, the Board of Public Works (September 20, 2018 meeting)

and the Purchasing Department recommend the award of this Amendment 1 to the contract in an amount
of $260,000 to Caselia Organics of Concord, NH.

Respectfully, 5
VF,

© /pan Kooken
Purchasing Manager

Ce: D Boucher L Fautuex

229 Main Street » Nashua, New Hampshire 03061 » 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

David L. Boucher, Superintendent
Wastewater Department

Casella Organics

To approve change order 1 to the three year contract with Casella Organics of
Concord, NH for the management of Wastewater Biosolids in the amount of
$260,000. Funding will be through: Department: 169 Wastewater; Fund:
Wastewater; Account Classification: 54 Property Services.

Casella Organics was approved for a three year contract for the management of
the Wastewater Facility’s biosolids at the February 29, 2016 BPW meeting.

This change order will be for $260,000, which is estimated based off of the
remaining eleven invoices expected to complete the three year term. It is
determined that the need for these additional funds is due to the lengthy digester
cleanout project and the need to dispose of non-class B biosolids at a cost of $89
per wet ton, instead of $40.90 per wet ton.

AMENDMENT No. 1
TO
CONTRACT
FOR SERVICE PROVIDER,

LONG-TERM MANAGEMENT OF WASTEWATER BIOSOLIDS
RFP1088-020416

BETWEEN
CITY OF NASHUA
AND
NEW ENGLAND WASTE SERVICES oF ME, INC. D/B/A CASELLA ORGANICS

This AMENDMENT No. 1, dated is attached to and made part of the
CONTRACT FOR SERVICE PROVIDER between the City of Nashua, New Hampshire and New
England Waste Services of ME, Inc. d/b/a Casella Organics for Long-Term Management of
Wastewater Biosolids (RFP1088-020416) dated July 7, 2016 (“Agreement”).

WHEREAS, Section 24 of the Agreement’s General Terms and Conditions allows for written
amendments to the Agreement when signed by both parties;

WHEREAS, Section 4 describes compensation; and

WHEREAS, both parties wish to amend the total cost for the work under the contract, terminating on
June 30, 2019, by authorizing payment of an additional amount of Two Hundred Sixty Thousand

Dollars ($260.000.00).

NOW, therefore, in consideration of the mutual covenants contained herein, the parties hereby mutually
agree as follows:

1. SERVICE PROVIDER agrees to perform the work, in accordance with pricing formula
attached, for a total cost not to exceed

One Million Four Hundred Seventy-Two Thousand Thirty Dellars (8 1,472,030.00)
for the three G) vear term ending on June 30, 20178,

2. All other terms and conditions of the Agreement shall remain in force.

Lad

This AMENDMENT No. 1, with attachments, along with the Agreement, constitutes the entire
agreement and understanding between the parties and supersedes all prior agreements and
understandings relating hereto.

LONG-TERM MANAGEMENT OF WASTEWATER BIOSOLIDS ]
NEW ENGLAND WASTE SERVICES of ME, INC. d/b/a CASELLA ORGANICS
Amendment #4

AMENDMENT No. 1
TO
CONTRACT
FOR SERVICE PROVIDER,

LONG-TERM MANAGEMENT OF WASTEWATER BIOSOLIDS
RFP1088-020416

BETWEEN
CITY OF NASHUA
AND
NEW ENGLAND WASTE SERVICES oF ME, INC. D/B/A CASELLA ORGANICS

OWNER: SERVICE PROVIDER:

City of Nashua, NH (signature) Casella Organics (signature)

James Donchess, Mayor

(Printed Name and Title) (Printed Name and Title)

Date Date

LONG-TERM MANAGEMENT OF WASTEWATER BIOSOLIDS
NEW ENGLAND WASTE SERVICES of ME, INC. d/b/a CASELLA ORGANICS
Amendment #1

Revised BID SUMMARY SHEET ~ Addendum 2

RFP1088-020416
Hourly Transport Costs
PROJECT PRICING Normal Transport of Non Class B
Glass 8 Bissolids Biosolids Only
1. Pricing for three calendar years, per wet fon to pick up, transport
and dispose of the City of Nashua’s biesolids (including 420.00
containen. Amount te be inveiced and paid on a monthly basis. g 40.90 ber wet fon $ ow per hr
Optional services:
2. ‘Pricing for fourth calendar year per wet fon fo pick up, transport
and dispose of the City of Nashua’s biosolids (including 44.72 429.40
container}. Amount to be invoiced and paid on a manthly basis. g : per wet ton s “per he
3. Pricing for fifih calendar year per wet ton to pick up, transport
and dispose of the City of Nashua's biosolids (including 42.55 424.85
container). Amount to be invoiced and paid on a monthly basis. $ : per wetion Ss per hr
4. Pricing for sixth calendar year per wet ton to pick up, transport
and dispose of the City of Nashua’s biosolids {including 43,40 427.35
container). Amount to be invoiced and paid on a monihly basis. § “ per welton § : per hr
§. Allowance for fuel cost adjustments $20,000 over duration of contract

NOTE: Class 6 biosolids costs include management, transport and disposal costs. Non-Class B disposal costs include management and transportation costs on 2
combined hourly basis (does not include additional disposal costs to dispose at a site}.

Comments, Exceptions, Additional Pricing Information:

Please see proposal for alternate proposal for transportation and disposal of non-Class B Biosolids, and tormilla tor jel cost adjustments above $3.00 per gallon

Seren, Puget Nag 2oHL eeiites of ME, Inc. d/b/a Casella Organics
110 Main Street, Suite 1308, Saco, ME 04072

Phone: 1-800-933-6474 Fac 603-228-2010
Patrick. Ellis@casella.com

E-mail:

, Lif] FE ne |
Michael R. Hodge, Vide-Preside ao

(Printed Name and Tile}

RFP1088-020415 MANAGEMENT OF WASTEWATER BIOSOLIDS ADDENDUM 2 Page f of 7

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