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To:

From:

Re:

H. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 29, 2016

David A. Simmons, Superintendent
Wastewater Department

Installation of Flow Meter

To approve the installation of a mag flow meter in the wet weather facility at the
Wastewater Treatment Facility to Methuen Construction of Salem, NH in amount of
$15,860. Funding will be through: Department: 169 Wastewater; Fund: WERF; Account
Classification: 81 Buildings & Improvements.

Methuen Construction Corporation Bid

The flow meter for the wet weather facility has failed. This meter has electrodes built into
a 36-inch ductile iron flange section of the pipe. Both the meter and the flange have to be
replaced. Since this flange is a large, heavy 36-inch section of ductile iron pipe it is a
difficult and labor intensive operation to remove and replace it. The flow meter was
previously purchased by the Wastewater Plant and is on WERF list (Asset ID: WW-
INST).

Bids were sought from 4 contractors that have completed recent project at the wastewater
facility. Out of the four, three of them submitted bids, as follows:

Penta Corp Moultonboro, NH $28,620
Weston & Sampson Andover, MA $21,500
Methuen Construction Salem, NH $15,860

The low bidder, Methuen Construction Corporation, was the contractor at the plant for
the Wet Weather Facility and the CSO14 project. They are a reputable contractor and
are very knowledgeable in all plant related construction activities. They have provided
quality construction work on these projects for the City and are well qualified for this
work.

City of Nashua
Service Agreement

Installation of Flow Meter

Service Agreement between ___ Methuen Construction with its office located at 40 Lowell Road in
Salem, New Hampshire 03079 hereinafter “VENDOR”) and The City of Nashua, New Hampshire
(hereinafter “OWNER”).

This Agreement represents the entire and integrated agreement between the parties and supersedes prior
negotiations, representations or agreements, either written or oral.

The intent of the Agreement is to include all items necessary for the proper execution and completion of the
work by the VENDOR.

The VENDOR shall complete the following work for the OWNER:

Installation of 36” Flow Meter replacement and 42” Victaulic Coupling Repair per proposal dated

February 2, 2016. Item No. 01.

Invoicing shall be in accordance with the attached, Exhibit A, Item No. 1, which the OWNER has
accepted and approved. VENDOR shall start work up receipt of an executed Service Agreement and a
valid City of Nashua issued Purchase Order (the “WORK”).

The OWNER agrees to pay the VENDOR the sum of:
Fifteen Thousand Eight Hundred Sixty Dollars ($15,860.00)

Payment shall be made approximately 30 days from the time the payment application is received by the
OWNER depending upon the timing of submittals and approvals. Application for Payment performed
under this agreement shall be submitted directly to:

City of Nashua
Accounts Payable

PO Box 2019

Nashua, NH 03061-2019
Attn: William Keating

To facilitate the proper and timely payment of applications, the City of Nashua requires that all
applications contain a valid PURCHASE ORDER NUMBER.

VENDOR 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.

Page I of 4

City of Nashua
Service Agreement

VENDOR and subcontractors at every tier will fully comply with NH RSA Chapter 281-A, “Workers’
Compensation”.

VENDOR shall maintain in effect at all times during the performance under this contract all specified
insurance coverage with insurers. None of the requirements as to types and limits to be maintained by

VENDOR are intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by VENDOR under the contract. The OWNER shall not maintain any insurance on behalf of
VENDOR. Subcontractors are subject to the same insurance requirements as the VENDOR and it shall be
the VENDOR’s responsibility to ensure compliance of this requirement.

The parties agree that VENDOR shall have the status of and shall perform all work under this agreement as
an independent contractor, maintaining control over all its consultants, sub consultants, contractors, or
subcontractors. The only contractual relationship created by this agreement is between the OWNER and
VENDOR, and nothing in this agreement shall create any contractual relationship between the OWNER
and VENDOR’s consultants, sub consultants, contractors. The parties also agree that VENDOR is not a
City employee and that there shall be no:

I. 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 VENDOR or the OWNER to the public employees
retirement system;

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

6. Unemployment compensation coverage provided by the OWNER.

VENDOR will provide the OWNER with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. The OWNER requires thirty days written
notice of cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of New

Hampshire. General Liability and Auto Liability policies must name the City of Nashua as an

additional insured and reflect on the certificate of insurance. WENDOR is responsible for filing updated

certificates of insurance with the City of Nashua's Risk Management Department during the life of the

contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage,
VENDOR must maintain umbrella liability insurance of at least $1,000,000. All aggregates must
be fully disclosed on the required certificate of insurance.

> The specified insurance requirements do not relieve VENDOR of its responsibilities or limit the
amount of its liability to the OWNER or other persons, and VENDOR is encouraged to purchase
such additional insurance, as it deems necessary.

> The insurance provided herein is primary, and no insurance held or owned by OWNER shall be
called upon to contribute to a loss.

>» VENDOR is responsible for and required to remedy all damage or loss to any property, including
property of the OWNER, caused in whole or part by VENDOR or anyone employed, directed, or
supervised by VENDOR.

Page 2 of 4

City of Nashua
Service Agreement

Regardless of any coverage provided by any insurance, VENDOR agrees to indemnify and shall defend
and hold harmless the OWNER, its agents, officials, employees and authorized representatives and their
employees from and against any and all suits, causes of action, legal or administrative proceedings,
arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of any kind
or nature in any manner caused, occasioned, or contributed to in whole or in part by reason of any negligent
act, omission, or fault or willful misconduct, whether active or passive, of VENDOR or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the performance of this
contract. WENDOR’s indemnity, defense and hold harmless obligations, or portions thereof, shall not
apply to liability caused by the negligence or willful misconduct of the party indemnified or held harmless.

VENDOR warrants and guarantees to OWNER, for one (1) year, upon completion of work, that all Work
will be in accordance with the Agreement and will not be defective. VENDOR’s warranty and guarantee
hereunder excludes defects or damage caused by:

> Abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or
> Normal wear and tear under normal usage.

If the VENDOR defaults or neglects to carry out the Work in accordance with this Agreement and fails
within a two day period after receipt of written notice from the OWNER to correct such default or neglect
with diligence and promptness, the OWNER may, without prejudice to other remedies, correct such
deficiencies.

The VENDOR warrants to the OWNER that (1) the Work will be free from defects not inherent in the
quality required or permitted; and (2) the Work will conform to the requirements of the Agreement.

The OWNER shall have no responsibility for the payment of money to any Subcontractor or material
supplier.

The OWNER shall not supervise or directly control the work of the VENDOR. The OWNER does
reserve the right to inspect the work being performed and to determine whether it is being performed in a
good and “workmanlike” manner. The VENDOR shall promptly correct Work rejected by the OWNER as
failing to conform to the Agreement. The VENDOR shall bear the cost of correcting such rejected work.

The OWNER can terminate this Agreement at any time and pay the VENDOR a prorated amount for all
service performed up to that date.

The laws of the State of New Hampshire shall govern this Agreement exclusively and any litigation to this
Agreement shall be brought to a court located in the State of New Hampshire.

Page 3 of 4

City of Nashua
Service Agreement

The agreement, along with the executed OWNER’s Purchase Order, are subject to the City of
Nashua Standard Terms and Conditions, which are available on the City’s website at

www.nashuanh.gov/purchasing,.

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) Methuen Construction (signature)

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

Date Date

Page 4 of 4

EXHIBIT A

QUOTATION

Quote No: 16-0102

DATE: FEBRUARY 2, 2016
PROJECT: NASHUA WWTP — MISC. MAINTENANCE ITEMS
LOCATION: NASHUA, NH

William Keating

Chief Estimator/Project Manager
Nashua - Wastewater Department
2 Sawmill Road

Nashua, NH 03062

In response to your request for pricing to provide Services we are pleased to submit the following for your review and
consideration:

Item No, 01 ~ 36” FLOWMETER REPLACEMENT AND 42” VICTAULIC COUPLING REPAIR
The scope of work for this proposal item includes the following:

* Provide labor, materials, and equipment required to replace existing 36” flowmeter.
¢ Methuen will provide new 36” full face gaskets required for flowmeter installation.
° The existing hardware to install the flowmeter will be reused.

e New flowmeter to be provided by the City of Nashua.

* No painting of the new flowmeter or existing piping is included.

The cost for the work described above is $15,860.00
ttem Nov O2ZA= REBUILD ONE{(1) EXISTING 6” WAS PUMP (FAIRBANKS MODEL NO>B5423) AND STALL

The scape of work roihis proposal item includes the following:
(Reference attached pictures for corresponding pump designations)

rebuilt,
° Provide new OEM parts to perform complete-rebuild of WAS Pump #1.
(See attachment for list of components to efeplaced)
® Deliver rebuilt WAS pump to Pe ™
° Replace existing WAS Pump #2-that is currently out of service with. WAS Pump #1 that was rebuilt.
e Alignment of WAS pump-i€ not included.

© Painting of existingpump or piping is not included.
e There is a fo t (4) week lead time on the delivery of the replacement parts.

° Pickup existing WAS pump Fisthat is currently not installed;from plant and transport to our facility to be

The cost for the work described above is $13,050.00

40 LOWELL ROAD 1 SALEM. NH 03079 | PE: 603.328.2222 [PAN: 603,328,223
WWW. METHUENCONSTRUCTION.COM

Item-No. 02B ~ REBUILD TWO (2) EXISTING 6” WAS PUMP (FAIRBANKS MODEL NO: 85423) AND INSTALL

The scope of work for this proposal item includes the followi g:
(Reference attached pictures for corresponding pump designations

° Pickup existing WAS Pump #1, that is currently got installed, from plant and transport to our facility to be rebuilt.
e Provide new OEM parts to perform comp! €rebuild of WAS Pump 41.
{See attachment for list of comporientetO be replaced)
° Deliver rebuilt WAS Pump #1 to fant.
© Replace existing WAS Pum W8 that is currently.out of service with WAS Pump #1 that was rebuilt.
e Transport WAS Pump.4? to our facility to be rebuilt:
° Deliver rebuilt WAS Pump #2 to plant.
e WAS Pump_#2 will be placed in the WAS pump room as a spare pump for the Plant’s future use.
© Alignment of WAS pump is not included.
e Painting of existing pump or piping is not included.
a “There is a four (4) week lead time on the delivery of the replacement parts.

-The-cost- forthe work destribed-above is $24,125.00

Methuen has provided Item Nos. 02A and 028 as options so you may choose the best approach to meet your operational
and budgetary needs. Either one of these options can be selected at your discretion.

Should you wish to pursue this work, please make note of the bid items selected below, and return a signed copy of the
proposal to Methuen. Thank you for the opportunity to provide you with a proposal to perform this work.

Respectfully submitted,

Jason C. Babbidge
Project Manager

This quotation is Valid for 30 days from the date of this Quotation
Acceptance of Proposal/Work Authorization

| understand that by accepting the above proposal, | am authorizing work to proceed. Payment shall be made as required
by mutually agreeable terms and conditions.

Any changes and/or modifications to the above praposal must be mutually agreed upon by Methuen Construction Co.,
Inc and incorporated via amendment to this proposal,

(Please list Bid items selected above)

Date:

(Signature)

(Printed Name}

CONSTRUCTION

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO IFB

in compliance with your BID, we hereby submit our BID for the above project. Having examined the plans and specifications
and being familar with all of the conditions surrounding the construction of the proposed project, including the availability
of materials and labor, we hereby propose to furnish all supervision, labor, materials and supplies, and to construct the
project in accordance with the contract documents, dated 4112/2022 including
Addenda{s} noted below

EXPERIENCE AND QUALIFICATIONS:

Contractor’s Qualification Statement: Provide a list of Bidder, completed or currently under production, Construction
projects that details experience on similar projects of scope, size & scale.

City Projects: Provide a list of project awards Bidder has received from the City of Nashua in the past 5 years, Please
include project detail, City department and City project lead.

References: include at least 3 professional references (business name, contact, email address & phone number).
References may be contacted as part of our preliminary bid review to assist project committee in assessing Bidder
qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

Acknowledgement is made of receipt of the following addenda(s): #1 - 2/1/2022; #2 - 2/4/2022

BID GUARANTEE: Attached here is a bid guarantee in the form of Bid Bond in the amount of 5%
{five percent) of the Total Base Bid Amount.

if notice of acceptance of this bid is given to the undersigned within ninety 90 days after the date of opening of bids, or
any time thereafter before this bid is withdrawn, the undersigned will execute and deliver a contract in the prescribed
form within 10 days after the contract has been presented to them for signature.

Immigration Reform and Control Act of 1986; The undersigned certifies that it does not and will not during the
performance of this Contract violate the provisions of the Federal Immigration Reform and Contral Act of 1986, which
prohibits employment of illegal aliens.

DISQUALIFICATION OF CONTRACTORS: By signing this bid, the undersigned certifies that this person/firm/corporation is
not currently barred from bidding on contracts by any Agency of the State of New Hampshire, nor is this
person/firm/corporation a part of any firm/corporation that i currently barred from bidding on contracts by any Agency
of the State of New Hampshire.

Either the undersigned or one of the following individuals, if any, is authorized to modify this bid prior to the deadline for
receipt of bids by writing the modification and signing their name on the face of the bid, on the envelope in which it is
enclosed, on a separate document, of of a document which is faxed to the City or by sending the City's representative

an e-mail message:
Erika Payne, Keith Patnode, or Jenna Stromgren

1FBO779-021022 2022 SEWER REPLACEMENT PROJECT Page ISof 5

fo 52-3 tr

YES

| THE CITY OF NASHUA “The Cate Cty’

Financial Services

Purchasing Department

February 25, 2016
Memo #16-116

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ROOF REPLACEMENT (VALUE: $25,723)
DEPARTMENT: 169 WASTEWATER; FUND: WERF
ACCOUNT CLASSIFICATION: 81 CAPITAL OUTLAY/IMPROVEMENTS

Please see the attached communication from David Simmons, Wastewater Department Superintendent
dated February 29, 2016 for the information related to this purchase.

The original contract, pursuant to NRO § 5-78 Major purchases (greater than $10,000), was awarded in
the amount of $382,500. Change Order 1 increased the contract by $1,548 to install new roof drains
bringing the total to 384,048. Change Order 2 is for an amount of $25,723 to replace the coping in the
Admin Buildings and reseal gaps in the concrete roof coping in the Grit Building for a new contract total if
approved of $409,771.

The Wastewater Department Superintendent, Board of Public Works (February, 29, 2016) and the

Purchasing Department recommend the award of Change Order #2 for this contract in the amount of
$25,723 to Rockwell Roofing, Inc. of Leominster, MA.

Respectfully,

Dan Kooken
Purchasing Manager

Coe: D Simmons L Fauteux

229 Main Street e Nashua, New Hampshire 03061 « Phone (603) 589-3330 e Fax (603) 589-3344

To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 29, 2016

David A. Simmons Superintendent
Wastewater Department

NWTF — Rockwell Roofing — Change Order 2

To approve change order #2 of the construction contract for the NWTF Roof
Replacements Project contract to Rockwell Roofing, Inc. in the amount of
$25,723. Funding will be through Department: 169 Wastewater; Fund: WERF:
Account Classification: 81 Capital Outlay/Improvements.

The original contract for Rockwell Roofing to replace the roofs on eight buildings
at the Wastewater Treatment Facility is for $382,500. Change order 1 was to
install new roof drains on the buildings in an amount of $1,547.50 to bring the
new contract value to $384,047.50.

Following completion of the newly installed roofs, rainwater could still enter the
Admin Building it the Lab area. It was determined the water is entering through
gaps in the original coping that was installed with the original building in 1972.
The entire coping needs to be replaced on the roof in the Admin Buildings. In
addition, there are gaps in the concrete roof coping in the Grit Building that need
to be removed and resealed. Rockwell Roofing has developed a cost proposal for
these 2 items in the amount of $25,723 as shown on the attached cost proposals.

The Wastewater Department has reviewed Rockwell’s costs for both items which
appear to be in line with this type of work. The new value of their contract
following this change order will be in the amount of $409,770.50.

The roof replacement project is a scheduled replacement identified in the
wastewater equipment replacement fund (WERF), asset ID: RR