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Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

Filed With: Sue Lovering, City Clerk

From: Jim Donchess
Date: September 23, 2019
Re: Emergency PO Change Order Request — Change Order 2 for Water Booster Station

Project for WWTF for $24,765

Pursuant to 5-90 (G) of the NRO, | have’ authorized Emergency Purchase Order Change Order 2
for the Water Booster Station Project for WWTE i in an amount of $24.7 765 to T. Buck Construction
Inc. of Turner, ME for the work required. - ciate tes ih

Included is a copy: ore an e- mail dated September 23,2019 from-Carolyn O'Conner,
Finance and Administration. Manager to John Griffin; CEO, explaining the cause
and the need for this emergency work and a copy: of the quote f from T. Buck
Construction, Inc detailing the work needed. Ou EEE He

Clerk’ Ss otlice | ‘a. Requisition will ‘entered and’: a PO
these repairs. to. be: > implemented and completed as soon

Once filed with the City
generated that will allow.
as possible. |

Thank you, —
cc: DPW Administration :

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 + NashuaMayor@NashuaNH.gov
www. NashuaNH.gov

T. Buck Construction, Inc.

362 8 Aubum Road, Tumer, Maine
207-783-6223 * FAX 207-783-3970

PROPOSAL 1D

Proposal Submitted fo:

Phona: 978-492-0879

ls 9/20/2018

Mechan Trahan
We horeby submit apecifications and ostimale for:

bank.
Subcontractors
Northeast Earth Mechanics
LABOR
Supervisor 20 hrs.
Operator 20 hrs.
Operator 20 hrs.
Laborer 20 hrs.
EQUIPMENT
Cat 315 excavator 20 hrs.
Komatsu Loader 20 hrs,
Tri-axie Dump truck 20 hrs.
trench box 1
TEST PIT
Northeast Earth Mech, 4 hrs,

EJ Prescott

Labor for tapping sleeve 1/2 day

(General Contractor

LABOR

Supervisor 3 hrs.

Saw cut pavement 60 LFF
EQUIPMENT

Compressor, hammer
MATERIAL

8" Ductile fron pipe

difference for 10"«8" tap& sleeve
difference far 10" Line stop

&" MJ Fitting

8" MJ Retainer glands

2" Rigid insulation

GC mark up en sub contractors

Northeast Mechanic cost
Ed Prescott cost

NOTE:

2) Price cogs not included any additional permits

ons

$ 100.90
§ 75.00
§ 76.06
§ 65.00
$ 95.00
$ 105,00
§ 30.06
$ 360,00
$545,44/hr

$ 356.52
$ 126.00
$ 5.00
$ 313.00
$ 459.00
$ 1,136.00
$ 4,462.00
$ 142.13
$ 55,15
S$ 40.00
$13,429.76
$356.52
$13,786.28

10% OP § 1,378.63

Woodard & Curran Fax:

Streat; Job Hame

40 Shattuck Road Suite 1£0 Nashua Suoster Pump Station
city, State & Zip Code: Jot Lecathon:

Andover MA Nashua, NH

Engineat:

r Phone:

$2,000.00
$1,500.00
$4,500.00
$4,300.00

$6,300.00

$4,900,00
$2,100.00
$ 600.00
5_ 360,00

34,960.00

$2.189,76

15% O8P

§ 375.00
3 200.00

3 313.00

S$ 459.00
$1,136.00
$4,462.00
3 14213
$ 110.30
$240.00

Provide labor, material and equipment to install inseria valve approximately 20° up stream from where contract drawings show it. The reason for
{ihe relocation is once the existing pipe was exposed we discavered 4 dresser coupling , 2 hi max coupling with spool piece from previous repair

of walerfine and a bell end of pipe. Nine feet of clear pipe is required in order to install inserta valve and line stop. Price includes trenching and
installing an additional 16° of pipe which will have to be installed under an exisling 8" waterline over another S" waterline and under a electrical duct

3 6,300.00

3 4,960.00

$ 2,469.76
$ 13,429.76
3 2.614.46
$

18.444.22 $15,444.22

356.52
53.46
416.00 $

tale uF

410.00

$6,549.43

15% O&8P 5 982.44

$7,531.84

4) If this proposal is excepted T Suck request a 10 day extension io the contract

$ 7,537.84

S$ 1,378.63

$24,764.69

Woe Propose hereby te furntsh malarial and labor completa in accordance with above sporifications, for the sum al:

IWENTY FOUR THOUSAND SEVEN HUNORED & SIXTY FOUR DOLLARS

is lobo at specified Al work laba completed ina
Profkmantke manner aceerdng to slanderd practices. Any alteration or
deviation from above specifications invelving exra costs wil be executed only
lupon written orders. and wil become sn autre charge over and above tha
otinals, Al agredenents conigent upon strikes, accidents a deteyt bey
four contral. Chwner ta carry Iie, lomada and ether nocostnry Insurance. Our

Jrorkers Bro huty covered by Ydorkman's Compensation Insurance.

Authorized
Signature

Gruce Kenney

Nolo: This proposal may be withdrawn

by us if not acceplod within

§ days.

Acceptance of Proposal- theabore prices. specifications nnd
hhe work as tpeccied. Payment wid be made as oxtined above,
Date of acceptance

Signature

Kooken, Daniel

SececaeL sessed a |
From: O'Connor, Carolyn
Sent: Monday, September 23, 2019 1:41 PM
To: Griffin, John
Ce: Kooken, Daniel; Fauteux, Lisa; Carragan, Kathleen; Boucher, David; Keating, William
Subject: EMERGENCY APPROVAL Change order 2 for Water Booster Station project
Attachments: P-1D Relocate Valve.pdf
Importance: High
Hi John,

As we discussed the Wastewater Department is requesting emergency approval of a Change Order for the Water Booster Statin project. Below is detail
information from Bill Keating, Wastewater Engineer on the change order needed and why emergency approval is required. Though this Change Order is
under $25,000, a previous Change Order #1 in the amount of $5,961.83 has already been processed bringing total Change Orders over $25,000.

Below is a summary of the correspondences with the Contractor regarding the proposed change order along with backup costs for the Water Booster Station
project:

9/12 -The Contractor’s subcontractor doing he earthwork, NE Earth Mechanics, was digging on west side of water booster station to determine location to
install new water valve that will connect to new water pipe and water booster station. After digging and exposing existing water pipe, contractor determined
they could not install taping machine with fitting at that location.

9/19 — contractor resumed work to locate a connection point to existing water pipe. They located an electrical duct bank and 2 other water lines crossing the one
they need to tap into. The water lines and duct bank were not shown on the design drawing due to lack of record drawings showing these utilities. There was no
way of knowing what buried utilizes existed without accurate record drawings. The contractor determine a tap location where there is 9-feet of pipe {clearance
needed) with no interference approximately 25 feet west of original tap location. New tap location Is in service road.

9/20 — contractor provided a proposed change order for anticipated extra work. Estimate was for $33,410.91. Subsequent correspondences between Wastewater
and Contractor lowered costs to $24,764.69 by having City do the pavement repair of service roadway.

Contractor stated in email that he wanted approval on cost proposal on 9/20 otherwise the subcontractor doing the earthwork will leave site for a few weeks.
Contractor also stated he has another job starting in mid October and needed to keep this job moving forward. Woodard Curran (consultant) recommended
issuing a work directive informing the Contractor to keep work moving forward while the Change Order is reviewed and costs substantiated. A work order for
contractor to continue working was issued on 9/20 pending authorization of City to allow for emergency change order approval.

Attached is TBuck’s latest cost proposal for CO2 in the amount of 524,764.69. It is being review by consultant Woodard Curran and will likely require several
correspondence back and forth between consultant and contractor to verify costs are legitimate.

Due to unforeseen circumstances and inaccuracies in the record drawings, additional work is required to complete this project. In an effort to avoid delays
and additional mobilization expense, the Wastewater Staff are requesting emergency approval of Change Order #2 to the contract with T-Buck Construction
PO # 146253 for the Water Booster Station in the amount of $24,764.69,

Please let me know anything additional needed from DPW to complete the processing of this Change Order

Thanks

Carolyn

Finance & Administration Manager
City of Nashua, New Hampshire

(P}) 603.589.3135

(F) 603.589.3169

From: Bruce Kenney fmailto:bruce@tbuckconstruction.net]

Sent: Monday, September 23, 2019 1:19 PM

To: Keating, William

Cc: Boucher, David; O'Connor, Carolyn; rgiibert@woodardcurran.com; WSchaetzke@woodardcurran.com
Subject: RE: Change order 2 for Water Booster Station project

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is unknown.
Here you go

NOTE MY NEW EMAIL ADDRESS, MY OLD EMAIL WORKS FOR NOW BUT WILL BE DELETED
Bruce Kenney

Project Superintendent

T Buck Construction

OQ): 207-783-6225

C: 207-831-4968

E Mail : bruce@tbuckconstruction.net

From: Keating, William <KeatingW @nashuanh.gov>
Sent: Monday, September 23, 2019 1:11 PM

To: Bruce Kenney <bruce@tbuckconstruction.net>
Ce: Boucher, David <BoucherD@nashuanh.gov>; O’Connor, Carolyn <OConnorC@nashuanh.gov>; rgilbert@woodardcurran.cam
Subject: Change order 2 for Water Booster Station project

Bruce,

Could you please redo the attached change order form. It still shows the original costs in the written line instead of the updated costs. Please forward back to
me and “cc” Carolyn O’Connor so we can expedite this process.

Thank you,

Bill

THE CITY OF NASHUA the Cate Cty’

Fananetal Services

Purchasing Department

September 23, 2019
Memo #20-033

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: NPD HVAC REPAIRS SYSTEM UPGRADES — PROFESSIONAL MEP ENGINEERING
SERVICES (VALUE: $217,500)
DEPARTMENT: 150 POLICE; FUND: CAPITAL IMPROVEMENT

Please see attached communications from Karen A. Smith, Business Manager dated September 23,
2019 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 Nashua Police Department and the Purchasing Department recommend the award of this contract in
the amount of $217,500 to Yeaton Associates, Inc. of Bedford, NH.

Respecifully,
ta
an Kooken
Purchasing Manager

Co: K Smith M Carignan

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

NASHUA POLICE
Date: 23 September 2019

intradepartmental Communication

To: Dan Kooken, Purchasing Manager
From: Karen Smith, NPD Business Manager

Subject: NPD HVAC Engineer Services

The Nashua Police Department solicited proposals (RFP0292-0731 19) from professional
architectural/engineering consultants for services to assist with design and engineering of HVAC system
upgrades and repairs based upon HVAC Assessments performed by SRMT and Cary’s Small Arms
Range Ventilation. The project includes review of existing condition and HVAC system recommendations.
The goal of this project includes meeting current and future cooling needs at NPD. Develop a plan for a
cost effective upgrade of the entire HVAC system at NPD and meet current and future energy needs.

The Engineering scope of service includes: Architectural Drafting, Schematic Design, Design
Development, Contract Documents, Bid Questions and Construction Administration. A copy of the
proposat has been provided.

The Nashua Police Department recommends the purchase to the sole bidder Yeaton Associates, Inc. in

the amount of $217,500 for Engineering Services as quoted for the NPD HVAC Repairs and System
Upgrades. Funding is available in the NPD HVAC Capital Project account.

Sincerely,

pont Yi

Karen Smith
Business Manager

CONTRACT FOR INDEPENDENT CONTRACTOR

TITLE

A CONTRACT BETWEEN

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

Yeaton Associates, Inc.

NAME AND TITLE OF INDEPENDENT CONTRACTOR

40 SOUTH RIVER ROAD #35, BEDFORD, NH 63110

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--Scope of Services, Contract Time, Fee Schedule

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. SERVICES 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 design
professional services described.

AG lof3

3. PERLOD OF PERFORMANCE. Independent Contractor shall perform and complete all services / work by
16 weeks after Notice to Praceed. The project completion deadline shall only be altered by mutually
approved written agreement to extend the period of performance or by termination in accordance with the
terms of the contract. Extension for hidden conditions and delays by other parties shall not unreasonably be
withheld. 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
Two hundred and seventeen thousand five hundred Dollars ($217,500.00 )

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 ta:

> 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 electronicalty 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 upon the date of execution

by the City of Nashua. It shall become effective upon the City of Nashua’s issuance of a valid Purchase
Order.

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:

AG2of3

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

David Bailey

Nashua Police Department

28 Officer James Roche Drive
Nashua, NH

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 af Nashua, NH (signature) (signature)

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

Date Date

AG3of3