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After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. The Owner, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time
being adjusted accordingly.

A Change Order shall be a written order to the Contractor signed by the Owner to change
the Work, Contract Sum or Contract Time.

Change Order requests must include material and equipment cost plus labor with a profit
margin of no more than 10%. Change Orders may require approval by the City of Nashua
Board of Public Works and the City of Nashua Finance Committee vote prior to
proceeding.

The Owner will have authority to order minor changes in the Work not involving changes in
the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract
Documents. Such changes shall be written orders and shall be binding on the Owner and
Contractor. The Contractor shall carry out such written orders promptly.

If concealed or unknown physical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable
adjustment following authorization of the Owner to the charges.

ARTICLE 9 — TIME

1.
2.

Time limits stated in the Contract Documents are of the essence to the Contract.

If the Contractor is delayed at any time in progress of the Work by changes ordered in the
Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or
other causes beyond the Contractor's control, the Contract Time shall be extended by
Change Order for such reasonable time as may be determined.

ARTICLE 10 —- PAYMENTS AND COMPLETION

1,

The Contract Sum stated in the Agreement, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.

At least ten days before the date established for each progress payment, the Contractor
shall submit an itemized Application for Payment for operations completed in accordance
with the values stated in the Agreement. Such application shall be supported by such data
substantiating the Contractor's right to payment as the Owner may reasonably require.
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:

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

The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment, all Work for which Certificates for Payment
have been previously issued and payments received from the Owner shall, to the best of
the Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or other encumbrances adverse to the Owner's interests.

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10

11.

12.

OWNER shail make payments on the basis of Contractors Application for Payment,
approximately 30 days from the time the final payment application is received by the
Owner, depending upon the timing of submittals and approvals.

The Contractor shall promptly pay each Subcontractor and material supplier out of the
amount paid to the Contractor on account of such entities’ portion of the Work.

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

An Application for Payment, a progress payment, or partial or entire use or occupancy of
the project by the Owner shall not constitute acceptance of Work not in accordance with
the requirements of the Contract Documents.

Substantial completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract
Documents so the Owner can occupy or utilize the Work for its intended use.

When the Work or designated portion thereof is substantially complete, the Contractor and
Owner shall establish responsibilities for completion and shall fix the time within which the
Contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Substantial Completion.

Upon receipt of a final Application for Payment, the Owner will inspect the Work, When he
finds the Work acceptable and the Contract fully performed, the Owner will promptly issue
a final Certificate for Payment.

Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 11- PROTECTION OF PERSONS AND PROPERTY

1,

The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with
performance of the Contract. The Contractor shall promptly remedy damage and loss to
property caused in whole or in part by the Contractor, or by anyone for whose acts the

Contractor may be liable.

ARTICLE 12 - CORRECTION OF WORK

1

The Contractor shall promptly correct Work rejected by the Owner as failing to conform to
the requirements of the Contract Documents. The Contractor shall bear the cost of
correcting such rejected work.

In addition to the Contractor's other obligations including warranties under the Contract,
the Contractor shall, for a period of one year after Substantial Completion, correct work not
conforming to the requirements of the Contract Documents.

If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner
may correct it and the Contractor shall reimburse the Owner for the cost of the correction.

ARTICLE 13 —- PROHIBITED INTERESTS

Contractor shall not allow any officer or employee of the City to have any indirect or direct interest
in this contract or the proceeds of this contract. Contractor warrants that no officer or employee of
the City has any direct or indirect interest, whether contractual, non-contractual, financial or
otherwise, in this contract or in the business of the Contractor. Contractor also warrants that it
presently has no interest and that it will not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed under
this contract. Contractor further warrants that no person having such an interest shall be

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employed in the performance of this contract. If any such interest comes to the attention of
Contractor at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City. If City determines that a conflict exists and was not disclosed to the City, it

may terminate the contract at will or for cause.

ARTICLE 14 —- TERMINATION OF THE CONTRACT

1.

If the Owner fails to make payment when due or substantially breaches any other

obligation of this Contract, following fifteen days’ written notice to the Owner, the

Contractor may terminate the Contract and recover from the Owner payment for work

executed

The Owner may terminate the contract for cause if the Contractor:

~ persistently or repeatedly refuses or fails to supply enough properly skilled workers;

7 fails to make payment(s) to Subcontractors for labor or materials in accordance with
the respective agreements between the Contractor and Subcontractors;

- disregards laws, ordinanances, rules, regulations, or orders of any public authority
having jurisdiction; or

~ is otherwise guilty of a substantial breach of a provision of the Contract Documents.

If the Owner has decided to terminate the contract for cause, the Owner, without prejudice

to any other rights or remedies of the Owner, and after giving the Contractor and the

Contractor's surety, if any, seven days’ written notice, shall terminate the employment of

the Contractor and may finish the Work by whatever reasonable method the Owner

may deem expedient.

lf the Contract has been terminated by the Owner for cause, the Contractor shall not be

entitled to receive further payment until the work is finished. If the unpaid balance of the

Contract Sum exceeds the cost of finishing the Work, such excess shall be paid to the

Contractor. If the cost of finishing the Work exceeds the unpaid balance, the Contractor

shall pay the difference to the Owner. This obligation for payment shall survive

termination of the Contract

. The Owner also has the right to terminate this Contract, in whole or in part. without cause,

upon fifteen days’ written notice. As of the date specified in the notice, Contractor shall
stop all performance under this Contract, except as otherwise directed by the Owner,
provide the Owner with a list of all unperformed services, and take such action relative
thereto as Contractor may be directed by the Owner. The Owner agrees to pay for all
work that has been performed and equipment that has been installed or is on order and

the order cannot be cancelled.

ARTICLE 15— MISCELLANEOUS PROVISIONS

1.

aw

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

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.

The Owner shall pay for tests except for testing Work found to be defective for which the
Contractor shall pay.

The Contract shall be governed exclusively by the law of the State of New Hampshire, and
any litigation shall be brought in a court located in the State of New Hampshire.

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City of Nashua (signature) Contractor (signature)

Donnalee Lozeau, Mayor

(Printed Name and Title) (Printed Name and Title)

Date Date

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City of Nashua

Central Purchasing
229 Main Street - Nashua, NH 03060

December 22, 2015
Memo #16-089

TO: MAYOR LOZEAU
FINANCE COMMITTEE

SUBJECT: PURCHASE OF ONE (1) ROLL OFF TRUCK (VALUE: $117,400)
DEPARTMENT: 168 SOLID WASTE; FUND: TRUST
ACTIVITY: CERF

Please see attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated December 17, 2015
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 Solid Waste Department Superintendent, Board of Public Works (December 17, 2015) and the Purchasing
Department recommend the purchase of this equipment in the amount of $117,400 from Liberty International Trucks of
Manchester, NH.

Respectfully,

~~ Purchasing Manager

Cc: J Lafleur L Fauteux

To:

From:

Re:

C. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: December 17, 2015

Jeff Lafleur, Superintendent
Solid Waste Department

Approve the purchase of a 2016 Liberty International 7600 SBA Roll-Off Truck.

To approve the purchase of a 2016 Liberty International 7600 SBA Roll-Off
dumpster truck from Liberty International of Manchester, NH in the amount of
$117,400. This price includes the trade ins of a 2000 Sterling LT9511 roll-off for
$15,000 and a 2008 Peterbuilt 320 trash truck for $25,000. Funding for this
purchase will be through: Department: 168-Solid Waste; Fund: Trust; Activity:
CERF.

Bid requirements, bid results and Liberty International of NH proposal.

The Division of Public Works - Solid Waste Department requests approval to
purchase a replacement for vehicle #111, a 2000 Sterling LT9511 roll-off
dumpster truck. Vehicle #111 is due for replacement on the FY2016 CERF

schedule. It is 15 years old and is at the end of its operational life.

The department has received CERF approval for this purchase.

TRADE
VENDOR MODEL Bl INS NET BID PRICE

LIBERTY INTERNATIONAL|
INTERNATIONAL 7600SBA | $157,400 | $40,000| $117,400.00

FREIGHTLINER OF | FREIGHTLINER

NH 1145D $162,181 | $36,000 $126,181.00
MCDEVITT MACK GU713
TRUCKS $170,885 | $37,000 $133,885,00

FREIGHTLINER OF } FREIGHTLINER
NH — CNG FUEL 1148) $190,593 | $36,000 $154,593.00

City of Nashua

Office of The Treasurer

229 Main Street - Nashua, NH 03060 (603) 589-3185
Fax (603)589-3228

To: Board of Aldermen
From: David G. Fredette, Treasurer/Tax Collector
Re: Purchase replacement for the Sterling LT95 Roll-off truck

The purpose of this communication is to request approval from the Board of Aldermen for an item that
was listed in the FY2016 Adopted Budget under Planned CERF Replacements that will exceed the ten
percent purchase price threshold. In particular, the Sterling LT95 Roll-off Truck for the Solid Waste
Department has come in at $117,400, which is above the $89,822 budgeted amount by $27,578. The
reason for the variance in price is due to diesel engine emission changes in model year (s) 2004
through 2012 that were not captured in original estimated price of $89,822. For additional
information, the city has to date purchased 16 of the items listed on the planned CERF replacement
schedule for $1,691,190 which is $144,143 below the planned replacement cost of $1,835,333. Asa
result, the CERF fund has sufficient funding for the city to purchase the Sterling LT95 Roll-off Truck
for $117,400.

Pursuant to NRO 5-127.1 D Capital Equipment reserve Fund, which states: “During that fiscal year,
the city may purchase that equipment, or equipment that will serve the same stated purpose as the
listed equipment as long as the price does not vary by more than ten percent of the estimated
replacement value. All purchases from the Capital Equipment Reserve Fund must comply with the
city’s purchasing approval process. Any other requests to use funds from the Capital Equipment
Reserve Fund must be approved by the board of aldermen.”

I respectfully request the approval from the Board of Aldermen for this planned purchase, which is
over the ten percent threshold.

Cc: Mayor Donnalee Lozeau 15-024
John Griffin, CFO/Comptroller

Lisa Fauteux, DPW Director

Jeff Lafleur, Superintendent Solid Waste

DIVISION 2

0779-021022
2022 SEWER REPLACEMENT PROJECT

>» PAYMENT BOND
>» PERFORMANCE BOND

> CERTIFICATE OF LIABILTY INSURANCE

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Sales Proposal For:

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Presented By:

LIBERTY INTL TRKS OF NH