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THE CITY OF NASHUA “The Cate City

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LUnaANIAL Services

Purchasing Department
June 28, 2018
Memo #19-001
TO: MAYOR DONCHESS

FINANCE COMMITTEE

SUBJECT: 2018 SEWER REPLACEMENT — HARVARD ST (VALUE: $692,905)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated June 28,
2018 for information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. Ail 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 (June 28, 2018 meeting) and the Purchasing Department
recommend the award of this contract in an amount of $692,905 to Northeast Earth Mechanics of
Pittsfield, NH.

Respectfully,

Dan Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

i
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: June 28, 2018

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

2018 Sewer Replacement — Harvard St
Construction

To approve the construction contract for the 2018 Sewer Replacement — Harvard Street
project to Northeast Earth Mechanics of Pittsfield, NH in an amount of

$692,905.20. Funding will be through: Department: 169 Wastewater; Fund:
Wastewater; Activity: Sewer Rehab.

The contract will replace 830 feet of 12 inch unreinforced concrete main on Harvard
Street, between Allds Street and Arlington Street. This sewer was constructed before
1900 and is failing and collapsing. Deteriorated catch basins and laterals will also be
replaced as needed. Harvard Street had been previously identified as a candidate for
paving in the Paving Program and will be paved as a part of that program once the
sewer and utility work is completed.

Three bids were received on May 31 as follows:

RWC Enterprises, Nashua, NH $ 689,350.00
Northeast Earth Mechanics, Pittsfield, NH $ 692,905.20
Newport Construction, Nashua, NH $ 1,142,375.00

Although RWC was the lowest bidder, they were not able to procure the required
project bonds for performance and payment. As such, the lowest qualified bidder is
Northeast Earth Mechanics. This company has completed similar work satisfactorily
for the City.

B\ THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

June 28, 2018
Memo #19-002

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2018 PAVING PROGRAM — CHANGE ORDER #1 (VALUE: $50,000)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated June 28,
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 (June 28, 2018 meeting) and the Purchasing Department

recommend the award of this contract change order in an amount of $50,000 to Newport Construction
of Nashua, NH.

Respectfully,

Dan Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

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

To:

From:

Re:

E. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 28, 2018

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

2018 Paving Program — Newport Contract
Change Order No. 1

To approve Change Order No. 1 to the paving contract for the FY18 Paving
Program to Newport Construction of Nashua, NH in the amount of $ 50,000.
Funding will be through Department 160 Admin/Engineering; Fund: Bond;
Activity: Paving.

As the City is paving numerous residential, collector, and arterial streets, the
City’s paving contractor Newport Construction has to furnish qualified flaggers to
direct traffic through or around the work zones. The flagger rates have gone up
drastically since the March 15, 2018 bid submittal. In the bid request, the City
carried an allowance of $100,000 and specified flagger rates as $22 per hour for
straight time work, $33 per hour for overtime work, and $44 per hour for double
time work, based on the contract from last year. Since construction began in
May, Newport has been billed by the flagger company at elevated rates.
Currently, there is an extremely high demand for flaggers on utility contracts and
construction projects throughout the State and flagging companies are having
difficulty recruiting qualified staff. The regular flagger rate is now $28.50 per
hour. Therefore, Engineering is requesting a change order for an additional
$50,000 to Newport’s contract to cover charges associated with increases in
flagger rates.

CHANGE ORDER

No. 1
PROJECT: 2018 Paving Program
OWNER’S CONTRACT NO:
EXECUTED CONTRACT DATE: May 14, 2018
DATE OF ISSUANCE: EFFECTIVE DATE: Upon City Approval
OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.: 141290
CONTRACTOR: Newport Construction Corp.
ENGINEER: DPW Engineering

You are directed to make the following changes in the Contract Documents:

Description:

As the City is paving numerous residential, collector, and arterial streets, the City’s paving contractor Newport
Construction has to furnish qualified flaggers to direct traffic through or around the work zones. The flagger
rates have gone up drastically since the March 15, 2018 bid submittal. In the bid request, the City carried an
allowance of $100,000 and specified flagger rates as $22 per hour for straight time work, $33 per hour for
overtime work, and $44 per hour for double time work, based on the contract from last year. Since construction
began in May, Newport has been billed by the flagger company at elevated rates. Currently, there is an
extremely high demand for flaggers on utility contracts and construction projects throughout the State and
flagging companies are having difficulty recruiting qualified staff. The regular flagger rate is now $28.50 per
hour. Therefore, Engineering is requesting a change order for an additional $50,000 to Newport’s contract to
cover charges associated with increases in flagger rates.

Justification:

Total number of additional Flagger hours needed = 1,754.39 hrs.

Hourly rate of Flagger = $28.50/hour

Total cost = 1,754.39 hrs. x $28.50/hr. = $50,000

Change Order # 1 of 2

Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$ 6,727,834.00

CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion:
Ready for final payment:

Net changes from previous Change Orders

$0.00

Net change from previous Change Orders

Contract Price prior to this Change Order

$ 6,727,834.00

Contract Times prior to this Change Order

Substantial completion:
Ready for final payment:

Net Increase (deerease) of this Change Order

$ 50,000

Net Increase (decrease) of this Change Order

Contract Price with all approved Change Orders

Contract Times with all approved Change Orders

$ 6,777,834 Substantial completion:
Ready for final payment:
RECOMMENDED: ACCEPTED: APPROVED:
By: By: By:
DPW Contractor Mayor Jim Donchess
Engineer Owner

(Authorized Signature)

Date:

(Authorized Signature)

Date:

(Authorized Signature)

Date:

Change Order #

2 of 2

B\ THE CITY OF NASHUA “The Cate City

Financtal Services

Purchasing Department

LT ALR EET SE NTT ET Sets tI a HS PS hi MER tapers

June 28, 2018
Memo #19-003

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: VEGETATION REMOVAL — MERRIMACK RIVER (VALUE: $42,750)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated June 28,
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 (June 28, 2018 meeting) and the Purchasing Department

recommend the award of this contract in an amount of $42,750 to William P Davis Excavating, LLC of
Hampton, NH.

Re Gee

“Dan Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

229 Main Street e 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: June 28, 2018

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

Merrimack River — Right Bank Flood Damage Reduction System (Levee)
Vegetation removal

To approve the contract for vegetation removal to William P Davis Excavating,
LLC of Hampton, NH in the amount of $42,750. Funding through Department:
169 Wastewater; Fund: Wastewater; Activity: Merrimack River Levee —
Remedial.

The United States Army Corps (USACE) annually inspects the Merrimack River
- Right Bank Flood Damage Reduction System (Levee) that is located at the
confluence of the Nashua and Merrimack Rivers. A Routine Inspection report
identifies deficiencies that need action to continue to keep the levee system in an
“Acceptable” rating according to USACE regulations. One area identified as
needing attention is vegetation removal on rip rap slopes and around the concrete
floodwall so that these components can be visually inspected.

A request for quotes was emailed to eight vendors with no responses received by
the May 18 deadline. The decision was made to delay the project to the fall.
Recently, William P Davis Excavating, LLC of Hampton, NH, a contractor
completing work at the wastewater treatment plant, stated he was able to remove
vegetation and could submit a quote for the work. The quote submitted for
$42,750 is reasonable. Davis Excavating has completed other work for the DPW
is a timely fashion with satisfactory results.

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: William Davis Excavation, LLC

PO Box 758

Hampton, NH 03843

and its successors, transferees and assignees
(together “CONTRACTOR’”)

For the following Project: | Vegetation Removal of the Nashua Levee

ARTICLE 1 —- THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this
project. The documents consist of:

1.

AnRwWN

7.

This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

Exhibit A — Scope of Work;

Exhibit B - William Davis Excavation, LLC Bid Form dtd June 15, 2018;

Payment and Performance Bonds;

Certificate of Insurance;

Written change orders for minor changes in the Work issued after execution of this
Agreement; and

Fully Executed OWNER Purchase Order

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

The 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. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua. Work must be completed by August 31, 2018.

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 Not to Exceed Sum of:

Forty Two Thousand Seven Hundred Fifty Dollars ($42,750.00)

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”.

The parties agree that 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, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

3. Participation in group insurance plans which may be available to employees of the
OWNER;

4. Participation or contributions by either the independent CONTRACTOR or the OWNER
to the public employee’s retirement system;

5. Accumulation of vacation leave or sick leave provided by the OWNER;

Page 2 of 12