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completed as specified in the notice. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work.

TERMINATION FOR CAUSE

This agreement may be terminated by the OWNER on 10 calendar day’s written notice to
CONTRACTOR in the event of a failure by CONTRACTOR to adhere to any or all the terms
and conditions of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, to
complete or make sufficient progress on the work in a timely and professional manner.
CONTRACTOR shall be given an opportunity for consultation with the OWNER prior to the
effective date of the termination. CONTRACTOR may terminate the contract on 10 calendar
days written notice if, through no fault of CONTRACTOR, the OWNER fails to pay
CONTRACTOR for 45 days after the date of approval by the OWNER of any Application for
Payment.

Upon receipt of notice of termination for cause, CONTRACTOR shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the OWNER with a list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that 1s not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the OWNER of all orders or sub contracts to the extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or sub contracts specified in the notice, and revoke agreements specified in the
notice.

5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the OWNER to resume performance.

In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not
previously paid to CONTRACTOR for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be allowed or
paid for anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the OWNER by reasons of
CONTRACTOR's failure. CONTRACTOR shall not be relieved of liability to the OWNER for
damages sustained from the failure, and the OWNER may withhold any payment to the
CONTRACTOR until such time as the exact amount of damages due to the OWNER is
determined. All claims for payment by the CONTRACTOR must be submitted to the OWNER
within 30 days of the effective date of the notice of termination. ;

If after termination for the failure of CONTRACTOR to adhere to any of the terms and conditions
of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, to complete or
make sufficient progress on the work in a timely and professional manner, it is determined that
CONTRACTOR had not so failed, the termination shall be deemed to have been a termination at
will. In that event, the OWNER shall, if necessary, make an adjustment in the compensation paid
to CONTRACTOR such that CONTRACTOR receives total compensation in the same amount
as it would have received in the event of a termination-at-will.

Page 11 of 13

GENERAL PROVISIONS FOR TERMINATION

Upon termination of the contract, the OWNER may take over the work and prosecute it to
completion by agreement with another party or otherwise. Upon termination of the contract or in
the event CONTRACTOR shall cease conducting business, the OWNER shall have the right to
solicit applications for employment from any employee of the CONTRACTOR assigned to the
performance of the contract. Neither party shall be considered in default of the performance of
such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or more of
CONTRACTOR's principals, officers, employees, agents, subcontractors, sub consultants,
vendors, or suppliers are expressly recognized to be within CONTRACTOR's control.

ARTICLE 17 — DISPUTE RESOLUTION

The parties shall attempt to resolve any dispute related to this contract as follows. Either party
shall provide to the other party, in writing and with fuil documentation to verify and substantiate
its decision, its stated position concerning the dispute. No dispute shall be considered submitted
and no dispute shall be valid under this provision unless and until the submitting party has
delivered the written statement of its position and full documentation to the other party. The
parties shall then attempt to resolve the dispute through good faith efforts and negotiation between
the OWNER Representative and the CONTRACTOR Representative. At all times,
CONTRACTOR shall carry on the work under this contract and maintain and complete work in
accordance with the requirements of the contract or determination or direction of the OWNER. If
the parties are unable to resolve their dispute as described above within 30 days, the parties may
request that the dispute be submitted to the Board of Public Works for resolution. If the parties are
dissatisfied with the decision of the Board of Public Works, the parties’ reserve the right to pursue
any available legal and/or equitable remedies for any breaches of this contract except as that right
may be limited by the terms of this contract.

ARTICLE 18 — CHOICE OF LAW AND VENUE

This contract 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

ARTICLE 19 — MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent
of the other.

2. Tests, inspections and approvals of portions of the Work required by the Contract

Documents or by laws, ordinances, rules, regulations or orders of public authorities having

jurisdiction shall be made at an appropriate time.

If additional testing is required, the CONTRACTOR shall perform these tests.

4, The OWNER shail pay for tests except for testing Work found to be defective for which
the CONTRACTOR shall pay.

oe)

Page 12 of 13

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) CONTRACTOR (signature)

James W. Donchess, Mayer
{Printed Name and Title) (Printed Name and Title)

Date Date

Page 13 of 13

BID FORM

Attach additional supporting documents as appropriate

Bidder: Methuen Construction Company, Inc.
Address: 144 Main Street, PO Box 980, Plaistow, NH 03865

Phone: 603-328-2222 E-mail: estimating@methuenconstruction.com

Provide written and numeric values for each item. The bidder agrees to perform the specified
work for the following prices:

J. The bidder agrees to perform all the of the work to install a new tank diaphragm
according te the project scope/specifications/measurement and payment section
as described abeve for the sum of:

($_ 225,757 )

Two Hundred Twenty-Five Thousand, Seven Hundred Fifty-Seven Dollars

2. The bidder agrees to purchase a new tank diaphragm according to the project
scope/specifications/measurement and payment sections as described above for
the sum of:

(§_ 55,750 )

Fifty-Five Thousand, Seven Hundred Fifty Dollars

3. Coating Allowance - the bidder agrees to provide metal coatings according to
the project scope/specifications/measurement and payment sections a described
above for an allowance of:

Thirty Thousand ($_ 30,000 )

* Supplemental Information: Provide a list of recently completed projects related to
digester or biogas related projects for pas tank upgrades or new installation. Include

project name, costs, dates, and contact information of owner. Contractor must have
prior experience similar to this project or provide experience that clearly
demonstrated qualifications for such work,

See attached.

Signature: BoA Ae dl
Wayné Sygfonts, crag Vee President

ATTACHMENT — PROJECTS EXPERIENCE

METHUEN CONSTRUCTION COMPANY, INC.

ORIGINAL AND
FINAL
CONTRACT START AND
PROJECT NAME & PROJECT AMOUNT AND END DATES
LOCATION OWNER PROJECT DESCRIPTION AND SPECIFIC SCOPE EXPLANATION (MIDIYYYY)
Graf Road Pump City of Newburyport, MA Work included, but was not limited to, the replacement of the Graf Original Amount: 06/15/2017
Station Replacement 66 Pleasant Street Road Pump Station, this included the demolition and disposal of the $4,928,151
Newburyport, MA 01950 existing pump station, a new pump station including pumping 05/23/2019
Newburyport, MA equipment with three new submersible pumps, a new building,
Anthony Furnari control systems, alarm monitoring and transmission systems, flow Final Amount:
978-465-4464 monitoring, emergency engine/generator and all related civil, $5,100,339
architectural, structural, HVAC, plumbing, electrical and
instrumentation contro! work, yard piping and site work.
Liquid Oxygen City of Worcester The project consisted of providing liquid oxygen storage and feed Original Amount: 02/27/2018
System Water 445 Main Street equipment, including all items as required for a complete system at $71,006,998
Filtration Plant Worcester, MA 01608 the project site. 06/28/2019
Final Amount:
Worcester, MA Darin LaFalam $1,081,695
508-799-1047
Primary Clarifier and City of Manchester, NH The project consisted of the construction of improvements to the Original Amount: 40/12/2016
Gravity Thickener 300 Winston Street existing Primary Clarifiers, Gravity Thickeners, HVAC System, $7 646,529
Upgrade Manchester, NH 03103 Sludge and Scum 03/19/2019
Final Amount:
Manchester, NH Fred McNeill $7,627,620

603-324-6341

ORIGINAL AND

FINAL
CONTRACT START AND
PROJECT NAME & PROJECT AMOUNT AND END DATES
LOCATION OWNER PROJECT DESCRIPTION AND SPECIFIC SCOPE EXPLANATION (NIDIYYYY)}
WPCF Secondary City of Chicopee Work consisted of, but was not limited to, both clarifier tank and Original Amount: 10/26/2016
Clarifier Upgrade, 80 Median Street mechanism/process related work. Concrete tanks were $1,386,890
Contract 4 Chicopee, MA 01085 rehabilitated, leaks through clarifier walls were sealed and cracks 03/19/2019
repaired in the concrete. Repair work included the demolition and Final Amount:
Chicopee, MA Quinn Lonezak replacement of the existing tank pressure relieffcheck valves and $1,324,529
413-594-3585 the removal and replacement of the grout wear surface. The
existing ciarifier mechanisms, weirs, baffles and supports in the
clarifiers were demolished and replaced. The entire sludge removal
mechanism was replaced including the mechanical drive units, the
draft tubes, corner sweeps and walkways.
South Essex South Essex Sanitary District The project consisted of the construction of upgrades to the Original Amount: 11/20/2017
Sewerage District, PO Box 989 treatment plant including replacement of oxygen reactor impellers, $1,625,801
Oxygen Mixer Salem, MA 01970 instaliation of a drain and site drainage improvements. 01/10/2019
Final Amount:
Salem, MA Alan Taubert $1,770,425
978-774-4550
Qdor Control City of Newburyport, MA Work included the installation of: 1) a new 20,000 cubic feet per Original Amount: 04/28/2017
improvements 60 Pleasant Street minute biofilter comprised of engineered media housed in a new $4,163,576
Newburyport, MA 01950 cast-in-place vessel, 2) exterior odor control ductwork: 316 spiral 02/28/2018
Newburyport, MA stainless steel above ground and DR15 PCV generally below
Anthony Furnari ground, galvanized support columns and beams; connections to Final Amount:
978-465-4464 existing odor control system and exterior booster fans, 3) supply air $4,200,508

systems including two new make-up air units and interior ductwork,
4) two primary clarifier flat aluminum covers, new stair, lighting,
electrical wiring, and duct work, 5) new septage receiving statin
within inline sewage grinder, rock basket, and 6) demolition of the
existing biofilter, irrigation piping, buried structures, concrete pads,
concrete barriers, ductwork, and electrical components.

ORIGINAL AND

FINAL
CONTRACT START AND
PROJECT NAME & PROJECT AMOUNT AND END DATES
LOCATION OWNER PROJECT DESCRIPTION AND SPECIFIC SCOPE EXPLANATION (M/DIYYYY)
Long Pond Treatment Town of Falmouth, MA Work consisted of the construction of a new 8.4 million gallon per Original Amount: 4/15/2015
Plant Construction 416 Grifford Street day (mgd) water treatment plant at the existing Long Pond surface $40,925,150
Falmouth, MA 02540 water supply location in Falmouth, MA. The plant utilizes 6/15/2017
Falmouth, MA coagulation, mixing flocculation, dissolved air flotation, dual media
Stephen Rafferty filtration, granular activated carbon above sand, chemical feed Final Amount:
508-958-3346 systems and an intermediate ozone feed. Buliding components for $41,270,978
the plant included HVAC, plumbing, fire sprinkler, gas and electrical
services. This project also included the demolition of equipment
and site piping at the existing water treatment facility, as well as,
site work, exterior piping systems, exterior above and below ground
tanks, siudge holding lagoons, construction of a garage, new raw
water intake and pump station, and directional drilling of the raw
water intake mains.
Easterly WWTF City of Marlborough, MA Work included construction of a new parshall flume structure, new | Original Amount: TAT/M16
Improvements 135 Neil St headworks building and grit facilities, primary, first stage and second $43,963,114
Marlborough, MA 01752 stage settling tank upgrades, conversion to fine bubble aeration, new
Marlborough, MA odor control systems, upgrades to the existing sludge pumping
Ron LaFreniere systems, construction of two WAS storage tanks, new chem Final Amount:
§08-624-6910 systems, chlorine contact tanks upgrades, a new generator, $48,154,973
rlafreniere@marlborough- construction of two sludge mix tanks, operation building
ma.gov improvements, new sludge dewatering system, drainage & site Owner initiated
improvements, vegetative rocis, new satellite pumping station and changes for
new resident drop-off facility. Work involved demolition, site work, improvements
yard piping, plumbing, fire protection, HVAC, electrical and | beyond the original
instrumentation and controis/SCADA. scope of work.
CSO 005-006 City of Nashua, NH Work consisted of the construction of a 1,000,000 gallan CSO | Original Amount: 5/26/15
Screening & 9 Riverside St storage tank, cast-in-place concrete screening chamber, influent $11,733,801
Disinfection Facility Nashua, NH 03062 chamber, drain chamber, effluent chamber, oulfall slide gate
chamber, CSO screens, flush gates, tipping buckets, slide gates, 60-
Nashua, NH Bill Keating inch outfall pipe micro-tunneled in place and a building to house Final Amount:
603-589-3330 sodium hypochiorite and bisulfite chemical storage, vacuum dosers, $11,691,255

keatingw@nashuanh.gov

instrumentation, controls, site work, and electrical

ORIGINAL AND

FINAL
: CONTRACT START AND
PROJECT NAME & PROJECT AMOUNT AND END DATES
LOCATION OWNER PROJECT DESCRIPTION AND SPECIFIC SCOPE EXPLANATION (M/IDIYYYY}
Carnaghi — Model Spincraft Initial scope was preparing an existing area to support a Carnaghi | Original Amount: 12/04/14
AX52T Vertical 500 Iron Horst Part Vertical Turning Center, which Spincraft uses to create complex $1,164,900
Turning Center North Billerica, MA 01862 metal fabrication for the aerospace, defense and energy industries.
Work consisted of demolition of concrete floor slab, dewatering and Final Amount:
North Billerica, MA Joe Santa Fe excavation with engineered support in order to form and place a $3,291,806
978-667-2771 concrete foundation measuring 60’x&5’ inside the existing facility.
jsantafe@spincraft.net Prior to starting construction, the scil was found to be contaminated Owner initiated
with asbestos. To address this issue, Methuen, in conjunction with changes due to
the owner and engineer, developed a plan to safely remove and environmental
dispose of over 2,000 tons of contaminated material. issues beyond the
original scope of
work
Anaerobic/Digestion/ | Lewiston-Auburn Water Pollution | Furnish and install two new anaerobic digesters, a blogas and | Original Amount: 02/27/14
Energy Recovery - Controj Authority digested sludge storage tank and cover system new digester $11,140,548
Lewiston-Auburn PO Box 1928 equipment building with new sludge heat exchangers, central dual-
WPCA - Lewiston, Lincoln, ME 04241 fuel boilers and hot water recirculation pumps, digester mixing Final Amount:
ME system pumps, recirculation pumps and belt filter feed pumps, new $12,774,044
Clayton Richardson electrical and instrumentation and replacement of existing thickened
207-782-0917 sludge pumps. Owner initiated
crichardson@lawpca.org changes for
improvements
beyond the original
scope of work.
Water Treatment City of Somersworth, NH Instaliation of new clarifiers with associated pumps, polymer system, | Original Amount: 02/05/2008

Facility Upgrade

Somersworth, NH

1 Government Way
Somersworth, NH 03878

Robert Belmore
603-692-9503
bbelmore@somersworth.com

controls and instrumentation. Construction of a new concrete clear
well. Construction of three (3) earthen process waste lagoons and
the installation of new Alum, Ferric Chloride, and Aluminum Sulfate
Feed System at the existing 6 MGD water treatment facility.

$6,326,234

Final Amount:
$6,483,467

Owner initiated
changes for
improvements
beyond the original
scope of work.

REPORT OF THE FINANCE COMMITTEE

SEPTEMBER 18, 2019

A meeting of the Finance Committee was held on Wednesday, September 18, 2019, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman Michael B. O’Brien, Vice Chair
Alderman-at-Large Brandon Michael Laws
Alderman June M. Caron

Members not in Attendance: Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
Alderman Linda Harriott-Gathright

Also in Attendance: Dan Kooken, Purchasing Manager
John Griffin, CFO/Comptroller
Alderman-At-Large Lori Wilshire

PUBLIC COMMENT - None
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: NPD (Value: $24,692); Department: 150 Police; Fund: FY20 Escrow

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO

STANLEY ELEVATOR IN THE AMOUNT OF $24,692. SOURCE OF FUNDING IS DEPARTMENT 150,
POLICE; FY20 ESCROW

ON THE QUESTION

Mayor Donchess

| believe the President can be a voting member when other people are absent. President Wilshire is a voting
member of the Committee tonight. When there are other people absent she can sit in for them. So we have a
motion on the communication, does the Police Department wish to come up and address this? It is pretty self-
explanatory. But you are here. Are there any questions or comments on the elevator proposal?

MOTION CARRIED

UNFINISHED BUSINESS — None

NEW BUSINESS — None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN O’BRIEN THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
AUGUST 30, 2019 TO SEPTEMBER 12, 2019

MOTION CARRIED

GENERAL DISCUSSION - None