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23.

24.

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26.

27.

The rights and remedies of this section shall in no way be considered for be construed as
a waiver of any other rights or remedies available to the City of Nashua under this
contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent
Contractor, including any of their respective agents or employees, shall not be liable to
third parties for any act or omission of the other party. This contract is not intended to
create any rights, powers, or interest in any third party and this agreement is entered into
for the exclusive benefit of the City of Nashua and Independent Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that
by their nature survive termination or completion of this contract shall remain in full
force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or
regulations, the invalidity or unenforceability of any particular provision of this contract
shall not affect any other provision, the contract shall be construed as if such invalid or
unenforceable provisions were omitted, and the parties may renegotiate the invalid or
unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the
entire contract between the City of Nashua and Independent Contractor. The parties shall
not be bound by or be liable for any statement, representation, promise, inducement, or
understanding of any kind or nature not set forth in this contract. No changes,
amendments, or modifications of any terms or conditions of the contract shall be valid
unless reduced to writing and signed by both parties.

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.

GC 11 of 11

Item

BID SUMMARY SHEET

IFB0945-112519

EXHIBIT B

Unit__ Quantity From Thru Unit Price _ Total Price
Deluxe Restroom EA 29 01/01/20 Indef 119.00 3,451.00 per billing cycle
Additional Weekly Service - 2X EA 29 01/01/20 Indef 0.00 0.00 per billing cycle
Per Billing Cycle Subtotal... 2... ee ee ee eee et ee 3,451.00
Delivery, Setup, Removal EA 1 01/01/20 01/01/20 0.00 0.00 one time
Deluxe Restroom Subtotal: . . . 3,451.00
Wheelchair Accessible EA 3 01/01/20 Indef 169.00 507.00 per billing cycle
Additional Weekly Service - 2X EA 3 01/01/20 Indef 0.00 0.00 per billing cycle
Per Billing Cycle Subtotal... 0 6 ee ee te ee ee ens 507.00
Delivery, Setup, Removal EA 1 01/01/20 01/01/20 0.00 0.00 one time
Wheelchair Accessible Subtotal:. ....... 507.00

S\ THE CITY OF NASHUA ‘The Gate Ci"

Administrative Services

Purchasing Department

January 30, 2020
Memo #20-078

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ENERGY RECOVERY UPGRADES — CONSTRUCTION SERVICES — CHANGE
ORDER 4 (VALUE: $49,167)
DEPARTMENT: 1698 WASTEWATER; FUND: WASTEWATER

Please see the aitached communication from David L. Boucher, Superintendent Wastewater Department
dated January 30, 2020 for the information related to this contract.

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 (January 30, 2020 meeting) and
the Purchasing Department recommend the award of this contract change order 4 in an amount of
$49,167 to Methuen Construction of Plaistow, NH.

Respectfully,
[lp 2 —
Dan Kren

Purchasing Manager

Ce: D Boucher L Fautuex

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

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: January 30, 2020

David L. Boucher, Superintendent
Wastewater Department

Energy Recovery Upgrade ~ Methuen Construction Change Order #4

To approve Change Order #4 to the Energy Recovery Upgrade contract with Methuen
Construction Company of Plaistow, NH in an amount not to exceed $49,167.26 for
structural and electrical modifications to the energy recovery room. Funding will be
through: Department: 169- Wastewater; Fund: Wastewater; Activity: Energy Recovery
Upgrade Project.

The energy recovery upgrade project involves upgrading all the major components in the
energy recovery room with new generators, piping, heat exchangers, pumps, controls and
associated electrical components. The contract with Methuen Construction was originally
in the amount of $1,787,378. Change order 1 was for relocating a water expansion tank
and installing pump disconnect switches in the amount of $16,742.40. Change order 2
was for new LED lights and painting the room in the amount of $21,181.16. Change
order 3 was to relocate conduit in the floor slab in the amount of $10,710. The total
contract amount following CO’s 1, 2 and 3 comes to $1,836,011.56.

Change order 4 consists of 3 items. The first item (PCO003) is for new pipe supports into
the existing concrete ceiling in the amount of $19,000.87. The second item (PCO008) is
for modification to the existing floor to support one of the 2 new generators in the amount
of $9,416.00. The third item (PCO009) if for electrical modifications to the MCC, starters
and other electrical components in the amount of $20,750.39. The total of these items
comes to $49,167,26 bringing the new contract value to $1,885,178.82.

B-6.1

CHANGE ORDER
No. 004

PROJECT: Energy Recovery Upgrade DATE OF ISSUANCE: 4/17/19

OWNER: City of Nashua, NH _—

229 Main St, Nashua, NH
{Address}

CONTRACTOR: Methuen Construction Co., Inc OWNER’s Project No. IFB0501-091678
CONTRACT FOR: Energy Recovery Upgrade ENGINEER Waldron Engineering & Construction, Inc.
at Nashua NH Wastewater Treatments ENGINEER’s Project No. 359.01

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

Purpose of Change Order:
Justification: Refer to attached PCO reviews for project PCOs 003,008,009

Attachments: (List documents supporting change)

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price Original Contract Time
$ 1,787,378.00 280 (final completion)
{days or date}
Previous Change Orders Net change from previous Change Orders
$ 48.633.56 10
{days)
Contract Price prior to this Change Order Contract Time prior to this Change Order
$ _4,836.011.56 290 (final comptetion)
(days of date)
Net Increase (Decrease) of this Change Order Net Increase (decrease) this Change Order
$ 49,167.26 0
(days)
Contract Price with all approved Change Orders Contract Time with all Change Orders
S 1,885,178.82 290 (final completion)
{days or date)

This document will become a supplement to the CONTRACT and all provisions will apply hereto. The
attached Contractor's Revised Project Schedule reflects increases or decreases in Contract Time as
authorized by this Change Order.

Stipulated price and time adjustment includes all costs and time associated with the above described change.
Contractor waives all rights for additional time extension for said change. Contractor and Owner agree that
the price(s) and time adjustment(s) stated above are equitable and acceptable to both parties.

RECOMMENDED: APPROVED: APPROVED: APPROVED:
By: Sosy: By: By:
“Engineer Owners Contracior NADES
Lilo

Date Date Date Date

WALDRON EMGivecHING © CONMETRUC TIN, INC,
To: William Keating, P.E., Project Engineer, Nashua Wastewater Treatment Facility
From: Erich Gustenhoven, P.E. Waldron Engineering & Construction, Inc.
Date: January 17, 2020
Re: Change Order Request Review 003-Revision 2
NWWITFE Energy Recovery Upgrade Project
Attachments: Methuen Construction PCO #003-Revision 2
Mr. Keating:

Waldron has compiled its review based on review of the Owner’s documentation (design
documents, OEM submittals, submittal reviews, RFI responses, and project notes) and the
Contractor’s documentation (RFI’s, Submittals, Reports, issued Change Orders). Specifically;
Waldron has reviewed the issue of additional work associated with the Unistrut pipe support
system, installed on the Energy Recovery Building roof.

Summary Review

Original Schedule Schedule Direct Schedule Schedule Claim
Adjustment claim Impact Assessment Recommended
None n/a Refer to PCO-004 Refer to PCO-004
Original Cost Cost Adjustment Direct Cost Impact Cost Adjustment
claim Assessment Recommended
None $19,000.87 $13,104 to $19,656 $19,000.87

Detailed Review-Base Cost Validity

Methuen has made a claim for the work as required based on RFI responses, submittal reviews
and Field conditions. The claim is based on their work and their subcontractor’s work resulting
from the above. Waldron has reviewed the design documents, OEM submittals, submittal
reviews, and RFI responses regarding this issue. Waldron has relied on vendor quotes, project
cost estimations, historical project data, RS Means, and its own proprietary cost data to review the
cost validity of the work scope.

The original scope of work included supporting pipe by hanging it directly from the roof/ceiling
of the Energy Recovery Building. The revised scope of work included the additional scope of
installation of a unsitrut system below the roof, from which pipe could then be supported.
Methuen included cost associated with supporting the pipe directly from the roof in their original
price. The addition of the Unistrut system did not substantially alter the cost of this work. The
addition of the Unistrut did cause Methuen to incur additional cost associated with installation of
the system itself, for which we recommend that they are compensated. These costs included the
below:

1. Materials such as Unistrut components and Hilti anchors

WALORDS, CO

37 INDUSTRIAL DRIVE =SUIMTEG-1 EXETER,NHO3833 (603) 772-7153

2. Subcontractor services including ground penetrating radar and installation of the Unistrut
system.

3. Self-performed labor including staging delivery of material, material pickup, exploratory
drilling in the ceiling, and conducting pull tests of test anchors.

The table below summarizes the total value of the work.

Claimed Cost Fair Market Value of Allowable Mark-up** Total Value
of Work Work scope Assessment
$19,000.87 $15,891.00 (includes 15% on MC Work $13,104.00 to
materials & equipment)* 10% on Subs (<$50k) $19,656.00
7-1/2% on Subs ($50-100k)
5% on Subs (>100k)

*Market Value Assessment=$1 1,913 to $17,869 (+/- 20%)
** This review assumes all labor performed by subcontractors. See below.

Note that Methuen’s summary page identifies a credit of $4,232.40. This credit is intended to
account for the cost of the original pipe support system. It is incorrectly labelled as “Bond (1%)
and General Liability (1%)”. Waldron evaluated the cost claim on the basis of the incremental
cost increase associated with the addition of the Unistrut system only. Thus no credit is
considered in our evaluation, but since Methuen’s final claim amount falls within the fair value of
the incremental scope of work we take no exception.

Note that some of the material costs were added between the original version and revision 1. This
occurred because some materials were delivered after the original version of the PCO.

Note that after revision | Methuen was asked to clarify GPR charges between this and PCO-008.
As a result, revision 2 was issued with an increase in claimed cost based on these revisions.

Detailed Review-Superintendent Labor Hours
The General Contractor’s superintendent labor hours can only be charged to the project when he

self-performs work. Supervisory duties of GC labor or his subcontractor’s labor are not
chargeable as they are included in the General Contractor’s markup. As noted above, Methuen
has provided a description of work performed directly by the project superintendent. To the best
of our knowledge this information is accurate and we recommend they are compensated.
Including this cost, the Methuen claim still falls within the assessed cost of this scope of work.

Detailed Review-General Contractor Markup

The general Contractor is permitted to mark-up his sub’s work in accordance with the contract
general conditions section 17.3. The schedule of permitted mark-up is shown in the summary
table above. In this PCO, Methuen applied markup correctly, we take no exception.

Detailed Review-Schedule

Methuen reserves their right to claim schedule impacts under separate cover. Methuen PCO-004
is designated to account for delays.

Original Schedule Schedule Direct Schedule Schedule Claim
Adjustment claim Impact Assessment Recommended

None na n/a n/a

Conclusion

Waldron has reviewed all the available information, and has taken into consideration the factors
surrounding the issues in question.

Waldron recommends approving $19,000.87 of the claim as noted above and did not review
schedule impacts under this PCO.

If you have any questions on the above, please don’t hesitate to contact me at 603-772-7153 x
148 or egustenhoven@waldron.com

Sincerely
Waldron Engineering & Construction, Inc.

Erich L. Gustenhoven, P.E.

Gree! Doc#: PCOS
SIT eens Ref. Document:
PROJECT NAME: Date: 26-Dec-19
Nashua Energy Recovery
PROJECT NO: 181012
PHASE
COST SUMMARY SHEET
Pipe Supports
A MC Labor (Recap Sheet): $3,868.34
B MC Materials, & Equipment (Recap Sheet): $7,431.78
Cc MC Fee (A x 15%) + (B x 15%): $1,695.01
D Subtotal MC Work (A+ B+C): | $ 12,995.11
E Total Subcontractors (Below): $9,000.00
F MC Mark-up on Subcontractor Work (5%, 7.5% or 10%): | $ 782.61
G Bond (1%) and General Liability (1%): $455.55
H Bond (1%) and General Liability (1%): ($4,232.40)
Total Proposal (D+E+F+G): $ 19,000.87
SUBCONTRACTOR SUMMARY
Subcontractor Description Amount
JP Welding Installation of Unistrut Ceiling Grid $ 9,000.00
$ -
$ -
$ -
5 -
5 -
Total Subcontractors: $ 9,000.00

Pipe Supports

Scope: Methuen Construction had concems with the pipe support system caliad out in the had di ECN-002 expressing thelr wilh the existing roof
integrity. Following this decision, Methuen had GPR on site to scan the rooffceiling to further examine existing conditions. It was determined thal there were various voids ail throughout the ceiling. In
order to further expiore the ceiling integrity, we had to perform some exploratory drilling to accurately map out the voids in the ceiling. We also performed pull tests on sampie anchors. Afler gathering all
this data, the owner/engincer was abio to provide a pipe support design as requested by the cily of Nashua. Once we had the design, we called a Hilti rep to inspect the ceiling, and provide Unistrut’s
and Hilti epoxy. We then furnished and Installed the Unistrut gnd pipe support system. Labor i ioned above, incl 9 staging + delivery, material pickups, subcontraclo
material prep, subcontractor cleanup. This is a delay in our critical path which will require an extension to our 1 contract PLEASE NOTE THAT 80 CALENDAR DAYS NEEDS TO BE ADDED TO THE

FINAL COMPLETION DATE, PROJECT WAS DLEAYED FROM 7/19/49-11/16/19. Approximately 2 months working on a new pipe support design and 2 months installing the system (5 day

Tking weeks), our rights for ing general conditions which are submitted under a seperate PCO No G04.
4-LABOR
CATEGORY HRS RATER PREMIUM SUBTOTAL LINE TOTAL TOTAL
$2,886.80
{2-MATERIALS
DESCRIPTION Qty UNIT UNIT COST SUBTOTAL
Estimated
GPRS services 10/2/2019 {Only charged 2/3 of the cost) 1 LS $ 1,066.67 $ 1,066.67
Unistruts, Fasteners, Threaded Rod,etc. 4 LS $ 3,287.78 $ 3,287.78
Hilti Adhesive, Anchor Rods i LS $ 2,003.32 $ 2,003.32
i | l }
SUBTOTAL $ 6,357.77
[3-EQUIPMENT
CATEGORY aQTy RATE UNIT SUBTOTAL
SUBTOTAL $1,074.01

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