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2 Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

: soe Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Concer emmission eee ues
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: May 22, 2018
To: Jim Donchess, Mayor
From: Camille Pattison, Transportation Manager

Re: Finance Committee — Unleaded Fuel Contract

Nashua Transit is purchasing 6 new Champion Vans from Dattco that are gasoline powered to
replace their current diesel powered vans. FTA is requiring Nashua Transit to have a fixed price
contract for regular unleaded gasoline for the new vans. Since they do not have a dedicated fueling
station for regular unleaded gasoline, the City chose to put out a Bid for this fuel for FY19 with an
option for FY20 at our main fueling location so this contract will cover all unleaded gasoline for the
City.

The City of Nashua has been paying the daily price for unleaded regular gasoline and it has been

advantageous to do that but the timing is good now for locking in a fixed rate and with the FTA
requirement for the new buses, this is our best option.

A Bid was sent to six (6) vendors and we received three (3) responses from qualified vendors as
shown below:

1. Dennis K Burke Inc FY19 @ $2.1612 and FY20 @ $2.0642 per gallon
2. East River Energy FY19 @ $2.2694 and FY20 @ $2.1662 per gallon
3. Santa Buckley Energy FY19 @ $2.2082 and FY20 no bid

Based on the low bid and qualifications of Dennis K Burke Inc.it is the recommendation of the
Transportation Department to accept Dennis K Burke Inc.as the vendor to receive the contract for
delivery for the City of Nashua. They are our current supplier of unleaded gasoline and have
performed well in the past with no known delivery issues.

The FY19 Estimated Usage (citywide) is 195,000 gallons @ $2.1612 per gallon or $421,434.

We request that the Finance Committee approve a contract with Dennis K Burke Inc. for FY19
unleaded gasoline in the amount of $2.1612 per gallon and an option to extend for FY20 in the
amount of $2.0642 per gallon.

ce ee
THE EMISSIONS EXPERTS

SALES AGREEMENT CONFIRMATION
This will confirm the conversation of (Date) between seljer and buyer in which the following agreement was reached.
Seller: Dennis K. Burke, Inc. 555 Constitution Drive Taunton, MA 02780

: Attention:
Phone: Address:
Fax/Email: Contract T
Account:

Product: Choose an item. Choose an itum.

TERMS: Choose ait tem Delivery: ( hoose an items Taxes: (how

Product to be delivered ratably. Overdeliveries are payable at seller's prevailing delivery price(s). Underliftings may be liquidated by
Burke at a charge of less than $.0500 per gallon plus the NYMEX differential. This charge is not a penalty but Burke's best effort to
minimize cost for both Burke and the customer. Burke is soicly responsible for the calculation. Customer is responsible for all
applicable taxcs and fees. Margin payment as determined by seller may be required in advance, upon receipt of this sales
confirmation.

Special Conditions:

Seller shall not be liable for failure to perform any obligations under this agreement where such failure may be due to causes
reasonably beyond seller's control, including acts of God, (e.g., storms, floods, lightning or earthquakes), fires, explosions, wars, civil
unrest, labor disputes, transportation breakdowns, harbor closings, government restrictions (e.g., allocations, priorities or price
controls) or any other such cause. Seller’s ability to supply petroleum products further is dependent on their continued availability
from seller’s usual and anticipated supply sources. In the event such products are not readily available in sufficient quantities to meet
seller's total commitments, seller shall have the right to allocate in a fair and reasonable manner, No such occurrence shall relieve
buyer of the obligation to pay in full for product actually delivered.

The General Terms and Conditions of Dennis K. Burke, Inc. are incorporated by reference. This confirmation is the operative
instrument with respect to the referenced transaction. If any of the above is contrary to your understanding of our agreement, please
notify Dennis K. Burke, Inc. immediately, In the event no such notification is received by the clase of business on the next working
day following this transmission, the provisions set forth herein shall be binding upon both parties.

We appreciate the opportunity to conclude this transaction with your company. By signing this agreement and returning it to us you
are confirming that you have the authority to bind your company to this agreement.

Total Gallons Product Price

Seller agrees to provide a maximum/minimum of:
Buyer agrees to purchase a maximum/minimum of:

Date Range: The term of the Agreement shall be subject to Buyer's consumption of the minimum amount of gallons as required
above. The date range as indicated on the Sales Agreement shall be effective only upon Buyer's full consumption of the minimam
amount of gallons required for each product, respectively. Buyer and Seller agree to fulfill galion requirements at the price stated
within the Agreement beyond the date range indicated in the Agreement, if necessary.

Buyer Date For: Dennis K. Burke, Inc, Date

*Please sign and fax or e-mail back to: (617) 226-4569 or contracts@burkeoil.com*

THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

rn = CORTE WEE R EIT I TTT eT

May 37, 2018
Memo #18-159

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2018 SEWER REPLACEMENT — KINSLEY STREET (VALUE: $1,139,300)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated May 31, 2018
tor 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 (May 31, 2018 meeting) and the Purchasing Department
recommend the award of this contract in the amount of $1,139,300 to Newport Construction
Corporation of Nashua, NH.

Respectfully,

Le

an Kooken
Purchasing Manager

Coe: S Dookran L Fauteux

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

To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: May 31, 2018

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

2018 Sewer Replacement — Kinsley St
Construction

To approve the construction contract for the 2018 Sewer Replacement — Kinsley St
project to Newport Construction of Nashua, NH in an amount not to exceed $1,139,300.
Funding will be through: Department: 169 Wastewater; Fund: Wastewater; Activity:
Sewer Rehab.

This contract is for sewer improvements on Kinsley St in advance of street paving later
this year. From Elm St to Walnut St, the contract will replace 170 feet of 12 inch
unreinforced concrete main and 310 feet of 15 inch clay main, both dating back before
1900. From Walnut St to Woodward St, deteriorated catch basins and laterals will be
replaced as needed in advance of lining the sewer main in a separate contract by others.
Coordination issues with abutters and school activities may impact the construction
schedule.

Two bids were received on May 22 as follows:

Newport Construction of Nashua, NH $1,139,300.00
N. Granese & Sons of Salem, MA $1,725,000.00

The low bidder, Newport Construction of Nashua, NH has successfully completed
sewer work of this type for other municipalities.

THE CITY OF NASHUA “The Gate City’

Financtal Services

Purchasine Department

mK mT i ED ee eee ee = ———

May 31, 2018
Memo #18-160

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2018 ASPHALT TESTING (VALUE: $43,875)
DEPARTMENT: 161 STREET; FUNDS: GENERAL AND TRUST

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated May 31, 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 (May 31, 2018 meeting) and the Purchasing Department

recommend the award of this contract in the amount of $43,875 to S.W. Cole Engineering, Inc. of
Londonderry, NH.

Respectiully,

Dan Kodken
Purchasing Manager

Cc: S Dookran L Fauteux

i

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: May 31, 2018

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

FY18 Asphalt Testing

To approve the award of the FY18 Asphalt Testing contract to S.W. Cole
Engineering, Inc., Londonderry, NH in the amount of $43,875. Funding will be
through: Department: 161 Street; Fund: General; Activity: Paving; Department: 161
Street; Fund: Trust; Account Category: 54 Property Services.

The purpose of the FY18 Asphalt Testing contract is to test the asphalt used during
2018 Paving Program. Testing is being conducted to ensure compliance with contract
specifications for compaction, liquid asphalt content, pavement thickness, and
aggregate gradation.

The contract was advertised on May 10, 2018. A mandatory pre-bid meeting was
held in DPW office on May 15, 2018. The meeting was attended by two vendors
(Greenman-Pedersen, Inc. and S. W. Cole Engineering, Inc.). One bid was received
on May 24, 2018. Given below are the bids:

S.W. Cole Engineering, Inc. of Londonderry, NH $43,875
Greenman-Pedersen, Inc. No Bid

S.W. Cole Engineering, Inc. of Londonderry, NH at a bid price of $43,875 is the
qualified low bidder.

CONTRACT FOR INDEPENDENT CONTRACTOR

FY2018 ASPHALT TESTING
IFB0660-052418

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

S.W. COLE ENGINEERING, INC.
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

13 DELTA DRIVE #8, LONDONDERRY, NH 03053
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 a Independent Contractor ; and

WHEREAS, it is deemed that the services of a 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--Scope of Services

Exhibit C--Asphalt Testing, Section 400 Asphalt Specifications
Exhibit D-- S.W. Cole Bid Schedule, dtd March 2, 2017

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.

AG 1 of 3

CITY OF NASHUA, NEW HAMPSHIRE
Combining Balance Sheet

Nonmajor Governmental Funds

June 30, 2021
Special Revenue Funds
Community Parks &
Police Fire Health & Services Recreation
Grants Grants Grants Grants
Assets
Cash and short term investments $ - $ - § - $ -
Investments S 5 . .
Receivables, net of allowance for uncollectibles:
Departmental and other - - - -
Intergovernmental 142.420 174,493 465.188 -
Loans - 5 - -
Due from other funds - - - 11.762
Total Assets $ 142,420 $ 174,493 $ 465,188 $ 11,762
————————— —————— ————— ——
Liabilities
Accounts payable - - - :
Accrued liabilities 5 - $ - $ : $ -
Uneamed revenue - - - -
Due to other funds 101,311 174,493 335,477 -
Total Liabilities 1OL3E1 174,493 335,477 -
Fund Balances
Nonspendable - - - -
Restricted 41.109 - 123,711 11,762
Committed - - 7 5
Unassigned - : 5 -
Total Fund Balance 41,109 : 129,711 11,762
Total Liabilities and Fund Balance $ 142,420 $ 174,493 $ 465,188 $ 11,762

165

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.

3. PERIOD 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.

4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed
FORTY-THREE THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS
($43,875.00)

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.goy
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:

Mandeep Gill, P.E.
Division of Public Works, Engineering
9 Riverside Street

Nashua, NH 03062

REPRESENTATIVE:

Andrew Michaud

S.W. Cole Engineering, Inc.
13 Delta Drive #8
Londonderry, NH 03053

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)

James Donchess, Mayor
(Printed Name and Title)

Date

S.W. Cole Engineering, Inc. (signature)

Date

AG 3 of 3

(Printed Name and Title)