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G. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within
the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

H. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.

I. CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents
and all additional examinations, investigations, explorations, tests, studies, and data with the Contract
Documents.

J. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.

K. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.

ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement;
2. General Conditions;
3. Supplementary Conditions;
4. Bid Bond;
5. Bid Form;
6. Performance Bond;
7. Payment Bond;
8. Certificate of Insurance
9. Technical Specifications as listed in Table of Contents

10. Addenda (numbers 1 to 1_, inclusive);

11. Exhibits, as listed in the Table of Contents, to this Agreement

AG -50f8

12. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:

a. Written Amendments
b. Change Order(s)

14. New Hampshire Department of Transportation “Standard Specifications for Road and

Bridge Construction”, latest edition, incorporated by reference or unless otherwise
indicated.

15 “Manual of Uniform Traffic Control Devices”, latest edition, incorporated by reference.

16 City of Nashua, Standard Specifications for Sewers and Drains, Revised, Approved and
Adopted June 15, 1992, incorporated by reference.

17 City of Nashua, Standard Specifications for Road Construction, Approved and Adopted
June 11, 1986, incorporated by reference.

18 City of Nashua, Standard Specifications for Sidewalk Construction, Approved and
Adopted August 28, 1995, incorporated by reference.

19 City of Nashua Ordinance O-03-219 (Amended), Approved November 14, 2003.
20 Fully Executed City of Nashua Purchase Order

B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly
noted otherwise above),

C. There are no Contract Documents other than those listed above in this Article 8.

D. The Contract Documents may only be amended, modified or supplemented as provided in
paragraph 3.04 of the General Conditions.
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A, Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound; and, specifically

but without limitation, moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and unless

AG -6 of 8

specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.

9.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect
to all covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.

9.05 Choice of Law and Venue

A. This agreement 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

Address for giving notices to OWNER: Address for giving notices to CONTRACTOR:
Division of Public Works Nathan Holmes, Branch Manager

Engineering Department Layne Inliner, LLC

9 Riverside Street 195A Norridgewock Road

Nashua, NH 03062 Fairfield ME 041937

AG - 7 of 8

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in iriplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or
identified by ENGINEER on their behalf.

CITY OF NASHUA —- OWNER

James Donchess, Mayor City of Nashua

Date:
CONTRACTOR:
By:
Layne Inliner, LLC (Authorized Representative)
Print Name:
Date:

AG - 8 of 8

>) THE CITY OF NASHUA “The Cate City

Financial Services

Purchasing Department

May 10, 2018
Memo #18-127

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2018 PAVING PROGRAM - CASTINGS (VALUE: $159,686)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated April 26, 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 and the Purchasing Department recommend the award of this
contract in the amount of $159,686 to EJ Prescott, Inc. of Concord, NH.

Respectfully

Dan K6oken
Purchasing Manager

Cc: S Dookran L Fauteux

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

August , 2022

To: Purchasing
From: HR and Payroll Departments
Department: Administrative Services

Re: Sole Source Purchase - Payroll and Human Resources Consulting Services

L] Pursuant to § 5-84 Special purchase procedures. A/(4) Sole-source procurements, where the proposed
purchase is manufactured by only one company.

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

Vendor/Supplier: Navisite Inc.

Project Details: This is a request for Lawson and Kronos Consulting services which will be
utilized by both HR and Payroll personnel on a needs be basis. Situations arise that require system
changes or adjustments which are outside the scope of normal operating procedures and this will

allow us to react to those situations without any disruption to employees pay, benefit or other HR

services.

Item Detail: Competition is considered inadequate after initial research which found other

source where incompatible with our requirements. Professional service uniqueness also

contributes to sole source justification.

The vendor is determined to be a sole source basedon: This is the only company we found that

provides both Kronos and Lawson Consulting services. Other companies specialize in either one of

the other, Also, other companies structure their fee schedule which in not compatible with our

requirement. We want to call as needed and billed only for the hours specified in the contract.

The alternatives are all more costly.

We are seeking your approval to issue a Purchase Order for Navisite, Inc.in the amount of $34,000
to provide these services

To:

From:

Re:

D. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 26, 2018

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

2018 Paving Program
Castings

To approve the purchase of manhole and catch basin castings from EJ Prescott, Inc.
of Concord, NH in the amount of $159,686. Funding will be through: Department:
169 Wastewater; Fund: Wastewater; Activity: Sewer Structures.

Bid from EJ Prescott, Inc.

The 2018 Paving Program includes the work of replacing all broken and obsolete
manhole and catch basin castings. 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 388 catch basin frames, 326 catch basin grates, 412 manhole frames, 238
sewer manhole covers, and 104 drain manhole covers, meeting DPW

specifications to be installed under the 2018 Paving Program.

Bid requests were sent to the following four vendors:

EJ Prescott, Inc. of Concord, NH
Vellano Corporation of Raymond, NH
EJ USA, Inc. of Brockton, MA

Concord Winwater works, Concord, NH

EJ Prescott, Inc. was the only vendor to submit a bid in the amount of $159,686. EJ
Prescott, Inc. has satisfactorily supplied these products to the City in the past and the
prices are reasonable.

Quantity

326
104
238
228
130
10
20

412

nit

EA

EA

EA

EA

EA

City of Nashua

DPW - Engineering Department

2018 Street Paving Program

DESCRIPTION

Catch Basin Grates

Drain Manhole Covers with Raised Letters
"DRAIN*.

Sewer Manhole Covers with Raised Letters
"SEWER’,

4 Flange Caich Basin Frames with 4" Rise
3 Flange Catch Basin Framas with 4” Rise
3 Flange Caich Basin Frames with 8” Risa
4 Flange Catch Basin Frames wilh 8" Rise

Manhole Framas with 6" Rise

"All units shall be US products.

*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

REFERENCE NO,

532031
200627
200628
432111
932113
532013
532011

200611

TOTAL BID PRICE

$159,686.00
Dollars and Cents

“Dalivery will be required within ten (10) days after Issuance of Purchase Order.

"Shop Drawings and Certificates of Compliance will be required.

Suppiter:

Authorized Signature:

Date:

EJ Prescott

wh Lattiv—

4/5/2018

Unit Price Total Price
$74.00 $24,124 00
$138.00 $14,352 00
$1238.00 $32,844.00
$106.00 $24,168 00
$107.00 $13,910.00

$118.00 $1,180 00

$167.00 $2,140 00
3114.00 $46,968.00
$159,686.00

\ THE CITY OF NASHUA “The Gate City

Pinancial Services

Purchasing Department

PRE RRS Rt

May 10, 2018
Memo #18-129

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ENERGY RECOVERY UPGRADES - GENERATOR PROCUREMENT (VALUE:

$701,840)
DEPARTMENT: 169 WASTEWATER; FUND: WERF

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated April 26, 2018 for the 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 Superintendent Wastewater Department, the Board of Public Works and the Purchasing Department
recommend the approval of this purchase in an amount of $701,840 to Southworth-Milton, Inc. of

Milford, MA.

Re
b:
Dan K6oken

Purchasing Manager

Coe: D Boucher L Fautuex

le29 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

7 iu ' '

Board of Public Works Meeting Date: April 26, 2018

David L. Boucher, Superintendent
Wastewater Department

Energy Recovery Upgrades — Generator Procurement

To award the generator procurement contract for the Energy Recovery Upgrades
project to Southworth-Milton, Inc. of Milford, MA in an amount not to exceed
$701,840. Funding will be through: Department: 169 Wastewater; Fund: WERF;
Activity: Energy Recovery Generator.

The Energy Recovery Facility at the Nashua Wastewater Treatment Facility was
built in 2000 and is need of upgrades, which is being designed by Waldron
Engineering. Part of the upgrades include the installation of two new generators
that utilize methane gas from the digesters and convert it electricity to feed the
grid.

The manufacture of the two methane generators and associated equipment have a
long lead-time, estimated at 6 months or more. In order to minimize delay time,
the two generators and associated heat exchangers can be contracted now while
final design is being completed. This will save approximately 2 months of
downtime during construction by having the generators built and ready to ship
when needed by the contractor. The generators will be installed by a contractor.
Installation costs will be put out to bid at a later time.

Two companies bid on this project, with costs as follows:

Southworth Milton Inc. - $701,840
Kraft Power - $709,715

The low bidder, Southworth Milton, will provide two CAT gas generators along
with three sets of heat exchangers for each generator. Waldron Engineering has
reviewed the bid documents and qualifications of Southworth Milton, and
recommended the award to them. In addition, all the generators at the wastewater
plant are made by CAT, which facilitates parts stocking, inventory and service
contracts.