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City of Nashua, Public Works Division

Board of Public Works Meeting Date: January 28, 2021

David L. Boucher, Superintendent
Wastewater Department

Phase II Pump Station Upgrades Rebid Design Services

To approve the contract with Woodard Curran to prepare plans and specification
for the Phase II Pump station Upgrades rebid in an amount not to exceed $39,500.
Funding for this contract will be through Department: 169 Wastewater; Fund:
SRF Loan, Activity: Pump station Upgrades Phase II.

Woodard Curran Scope of Work and Fee Schedule

The Nashua Wastewater Treatment Facility pump station upgrades project, which
includes 13 pump stations and one sewer CSO pump station, is being bid in two
phases due to the magnitude of the project. Phase I included 6 pump stations and
am substantially complete. Phase II upgrade includes the remaining 6 pump
stations and one CSO pump station off of Bridge Street.

The original plans and specifications for all the pump stations need to be broken
out for the Phase II upgrades. This requires the original design engineer, Woodard
and Curran, to strikeout the pump stations completed in the Phase I upgrade plan
set and compile the applicable plan sheets just for the Phase II upgrades.
Similarly, they need to compile the specification and bid sheet just for the pump
stations in Phase II work.

Woodard and Curran will prepare the revised plans and specifications with the
goal of bidding this project by April 19". Their costs were estimated at $39,500
and includes both design and bidding services. The costs are reasonable
considering the time it will take to put together this set and incorporate recent
changes from Wastewater Department to original plan set.

ENGINEERING DESIGN PHASE
CONTRACT FOR PROFESSIONAL SERVICES

FOR
TREATMENT WORKS
CITYAFOMAN OF NASHUA, New HAMPSHIRE
This AGREEMENT made and entered into at Hillsborough County, New Hampshire, this day of 2021,

by and between City4ewn of Nashua, New Hampshire hereinafter called the OWNER, and Woodard and Curran
hereinafter called the ENGINEER.
WITNESSETH:

WHEREAS, the OWNER intends to construct Treatment Works: For the Pump Station - Phase II Project, design
documents will be updated to remove the pump station work which is no longer part of the Pump Station Upgrades-
Phase II Project. Scope of Work will include removing unused drawings and specification sections and updating the
Table of Contents and Index of Drawings to reflect the changes. Detail call-outs and cross-references in the
specifications will be reviewed and items which are no longer applicable to the project will be removed, struck out or
otherwise noted to be “not in contract”. Updated “front end” bidding documents will be prepared inconjunction with
the City of Nashua.

hereinafter called the PROJECT, and

WHEREAS, professional sanitary engineering services will be required for construction administration, resident
engineering and related services, and

WHEREAS, such services are of a distinct professional nature and hence not subject to the bidding process,

NOW THEREFORE, in consideration of these premises and of the mutual covenants herein set forth, the OWNER
hereby employs the ENGINEER to furnish the following engineering services in connection with the proposed PROJECT;
and it is agreed by and between the OWNER and the ENGINEER as follows:

2020-11 **Profit not permitted by City of Nashua on all Other Direct Costs, including subcontractors

ENGINEERING DESIGN PHASE CONTRACT Page 2 of 5
For Professional Services for Treatment Works

|. SERVICES TO BE PERFORMED BY THE ENGINEER

A.

Upon execution of this AGREEMENT, the ENGINEER agrees to proceed with all engineering, surveying, drafting,
calculations, borings, and other work as required and necessary to develop and produce final plans, specifications,
and associated contract documents involved in the construction of treatment works for: Pump Station Upgrades -
Phase Il. Scope of Work, attached as Exhibit A and incorporated by reference as if fully set forth herein

1. Plans, Specifications, and Contract Documents
a. The preparation of detailed plans, specifications, and contract documents in accordance with the rules and
regulations of the New Hampshire Department of Environmental Services, Water Division, hereinafter called
the DIVISION, ready for the receipt of bids and the award of construction contracts for said construction; the
work shall also include the preparation of estimates of the cost of construction based on the contract

documents. Prepare-apes SHOR AA SH BO AoA OCtHHe eG -GOCctH Fer Oo CGF ttO-—coHFtG-8

Il. THE OWNER'S RESPONSIBILITIES

A.

Assist the ENGINEER by placing at his disposal all available information pertinent to the PROJECT, including previous
reports and other data relative to the reports.

Make provisions for the ENGINEER to enter upon public and private lands, municipal facilities and industrial
establishments as required to perform work under this AGREEMENT.

The OWNER also agrees to comply with DIVISION and Federal requirements (where applicable) and further agrees to
acquire with the assistance of the ENGINEER all the necessary easements, options or outright purchases of land for
the locations of said treatment works as shown on the contract plans. The provisions of this section shall be satisfied
prior to submission of documents referred to in III (A) below. It is also understood that no approvals of reports or
plans and specifications or other associated documents will be made by the DIVISION without fulfillment of this
requirement.

Wl. TIME OF COMPLETION

A.

The ENGINEER agrees that he will submit to the DIVISION for approval after modification or revision as
recommended by the DIVISION and agreed to by the ENGINEER, the completed final plans, specifications, contract,
and associated documents in compliance with the current issue of the DIVISION's standards of design within
consecutive calendar days following the execution of this AGREEMENT, and deliver same to the OWNER within
calendar days following the date of final approval by the DIVISION.

Rev.2020-09

ENGINEERING DESIGN PHASE CONTRACT Page 3 of 5
For Professional Services for Treatment Works

B.

It is agreed by the parties to this contract that failure by the ENGINEER to complete the work within the time
stipulated under Ill, A, above may be considered sufficient basis for the debarment of the ENGINEER from the
DIVISION'S Roster of Prequalified Engineers as provided for under New Hampshire Code of Administrative Rules Env-
Wq 603.08, or the Assessment of liquidated damages as provided for under RSA 485A: 4, XII.X

COMPENSATION TO BE PAID THE ENGINEER

Method of Payments Amounts of Fees

1.

Payment to the ENGINEER, for services rendered, shall be according to the following schedule:

Monthly billing based on hours and rates by labor category with mark-up and incidental expenses in accordance
with the attached fee schedule.

The OWNER agrees to pay and the ENGINEER agrees to accept for all services under this AGREEMENT, a fee not
to exceed Thirty-Nine Thousand Five Hundred and 00/100 Dollars ($39,500).

If separate documents are required for additional construction contracts on this PROJECT, an additional fee as
approved by the DIVISION shall be paid to the ENGINEER.

Prior to formal approval of contract documents by the DIVISION, the ENGINEER shall make such revisions in
them as recommended by the DIVISION and agreed to by the ENGINEER without additional compensation. After
formal approval, if it becomes necessary to revise the contract documents for reasons beyond the control of the
ENGINEER, payment for such revision or revisions shall be made to the ENGINEER subject to approval by the
DIVISION.

Limits of All Payments

1.

The ENGINEER hereby assures the OWNER and agrees that the following fee for his services (exclusive of
surveys, borings, and certain special services which follow) in connection with the preparation of final plans,
specifications, and contract documents and other work as generally described under I(A) is adequate to
complete the assignment and shall not exceed Thirty-Nine Thousand Five Hundred and 00/100 Dollars

($39,500)

It is also agreed that payment to the ENGINEER for services in relation to engineering surveys, including layout
and logging of borings, probings or seismic surveys, together with plats and project related special services shall
be at actual cost. Actual cost shall include compensation to the ENGINEER for his work performed on these
services. The ENGINEER further agrees that the work proposed under this item is enough to satisfactorily
complete the contract documents and that the moneys to be paid under this item are adequate for the work
proposed and shall not exceed Not Applicable.

It is again agreed that payment to the ENGINEER for services in relation to subsurface exploration, including
borings, probings or seismic surveys, shall be at actual cost as defined in IV (B) 2. The ENGINEER further agrees
that the work proposed under this item is enough to satisfactorily complete the contract documents and that
the moneys to be paid under this item are adequate for the work proposed and shall not exceed Not Applicable.

It is also agreed that payment to the ENGINEER for services in relation to cadastral surveys and other work
associated with the acquisition of lands, easements, and rights-of-way essential to the construction of the
PROJECT shall be at actual cost as defined in IV (B) 2. The ENGINEER further agrees that the work proposed
under this item is enough to provide adequate sites, easements, and rights-of-way to permit the unencumbered
construction, operation, and maintenance of the completed project without interference in any way. The
ENGINEER also assures the OWNER that the moneys to be paid under this item are adequate for the work
proposed and shall not exceed Not Applicable.

Rev.2020-09

ENGINEERING DESIGN PHASE CONTRACT Page 4 of 5
For Professional Services for Treatment Works

V.
A.

ADDITIONAL COVENANTS

The ENGINEER agrees to provide in active charge of this PROJECT for the life of the contract a Project Engineer who
is a permanent employee of the ENGINEER and who is a “qualified sanitary engineer” as defined under the
DIVISION'S “Rules and Regulations for the Prequalification of Consulting Engineers.” The Project Engineer shall be’

Jason Jancaitis, Woodard and Curran, 40 Shattuck Road - Suite 110, Andover, Massachusetts 01810

(name and address)

Any proposed change in identity of the Project Engineer on the PROJECT shall first be approved by the DIVISION
before transfer of responsibility is made. Failure of the ENGINEER to abide by the above covenant may be
considered basis for debarment of the ENGINEER from the DIVISION'S Roster of Prequalified Consulting Engineers as
provided for under New Hampshire Code of Administrative Rules Env-Wq 603.08.

The ENGINEER agrees to be solely responsible for all bills or claims for payment for services rendered by others and
for all services and materials employed in his work, and to indemnify and save harmless the OWNER, and all of the
OWNER'S officers, agents and employees against all suits, claims or liability of every name and nature arising out of
or in consequence of the negligent acts or failures to act of the ENGINEER or others employed by him in the
performance of the work covered by this AGREEMENT.

The ENGINEER further agrees to procure and maintain at his expense such workmen's compensation insurance as is
required by the statutes and public liability insurance in amounts adequate to provide reasonable protection from
claims for bodily injury, death or property damage which may result from his performance and the performance of
his employees under this AGREEMENT.

All documents, including original drawings, design calculations, work sheets, field notes, estimates, and other data
shall remain the property of the OWNER, and shall be transmitted to the OWNER in clean and orderly condition on
demand; however, these may be left in the possession of the ENGINEER at the OWNER'S discretion.

The ENGINEER shall not sublet, assign or transfer any part of the ENGINEER's services or obligations (except surveys
and borings and other special services) under this AGREEMENT without the prior approval and written consent of
the OWNER.

It is further agreed that the ENGINEER will assist the OWNER or his authorized agent in providing the DIVISION with
clear documentation certifying that the necessary easements, options or outright purchases of land have been
secured to provide for location of treatment works and other associated structures and equipment as shown on the
contract plans or described in the specifications. Similar documentation will be submitted on approvals from the
State Department of Transportation and/or other state agencies regarding location of treatment works within
rights-of-way and other lands under their jurisdiction.

* Resume clearly describing the candidate’s qualifications for the assignment is appended for convenience of reference.

Rev.2020-09

ENGINEERING DESIGN PHASE CONTRACT Page 5 of 5
For Professional Services for Treatment Works

Vi. OWNER’S Terms and Conditions

Exhibit B - City of Nashua Professional Services General Terms and Conditions is hereby incorporated by reference as if fully
set forth herein.

IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals at County, New
Hampshire, the day, month, and year first above written.

ENGINEER:
Woodard and|Curran
By: . Dat

(Authorized Representative’)

°: 01/26/2021

OWNER:
City of Nashua, New Hampshire
By: Date:

(Authorized Representative’)

DEPARTMENT OF ENVIRONMENTAL SERVICES: Water Division
By: Date:

(Authorized Representative’)

2 Signatures should be supported by appropriate document.

Rev.2020-09

_
a

A CERTIFICATION OF CORPORATE AUTHORITY

WOODARD & CURRAN, INC.

WOODARD
S&.CURRAN

The undersigned, Rebecca Talbert, Secretary of Woodard & Curran, Inc. (the “Company”), HEREBY
CERTIFIES as follows:

She is the duly elected Secretary of the Company, a Maine corporation.

At a meeting of the Board of Directors of the Company on November 12, 2020, the following resolution was
adopted:

RESOLVED: That any Officer of this corporation, acting singly, be and hereby is authorized at any time and
from time to time, to enter into written contracts, including for the provision of services by the Company to
clients; subcontracts or purchase orders issued by the Company; confidentiality agreements; teaming
agreements; letters of intent; memoranda of understanding; construction contracts; or any other document or
agreement which creates an obligation, commitment or is binding on the Company, only as follows:

1. Senior Principals are authorized up to the amount of Two Hundred Fifty Thousand Dollars ($250,000), or
as delegated.

2. Vice Presidents are authorized up to the amount of Two Hundred Fifty Thousand Dollars ($250,000), or
as delegated.

3. Senior Vice Presidents are authorized up to the amount of One Million Dollars ($1,000,000), or as
delegated.

4. Executive Vice Presidents are authorized up to the amount of Five Million Dollars ($5,000,000), or as
delegated.

5. The Chief Executive Officer is authorized up to the amount of Fifteen Million Dollars ($15,000,000).

6. The Company’s Board of Directors must authorize contracts over the amount of Fifteen Million Dollars
($15,000,000).

The dollar thresholds above are established for the contract value and applies to the annual value of a multi-
year agreement.

RESOLVED: That the Chief Executive Officer is authorized at any time to execute surety bonds in connection
with the conduct of the Company’s business, whether alone, or in joint venture with others not named herein.
Furthermore, that the Chief Executive Officer is also authorized at any time prior or subsequent to the
execution of any such bonds, to execute any and all indemnity agreements, subordination agreements or any
other associated agreements relating to such bonds or to any collateral that may have been or may be
required to be deposited with the surety in connection with said bonds. The Chief Executive Officer's signing
authority with respect to surety bonds is limited to the current levels of bonding as set forth in the Company’s
approved bonding agreement. Bonds above this approved amount must be authorized by the Board of
Directors.

According to the records of the Company in my possession as of this date, the above is a true and correct

copy of said resolution, said resolution has not been amended or repealed, and is in full force and effect. A
list of the current Officers will be maintained in a schedule on file with the Secretary.

DATED: November 13, 2020 (Cel2tocn Cobbaet

Rebecca Talbert, Secretary

NHDES-W-09-024

Cost or Price Summary Format for Sub-agreements Under NH SAG and SRF

Part I: General

Grantee/Loanee Name: City of Nashua, New Hampshire

Grant/Loan #: CS-330158-32

Contractor/Subcontractor Name: Woodard and Curran

Proposal Date: January 15, 2021

Contractor/Subcontractor Address:

40 Shattuck Road - Suite 110
Street name and number

Andover
City/Town

MA 01810
State ZIP

Services Furnished:
Professional Design Engineering

Part Il: Cost Summary

Direct Labor (Specify labor categories) Hours Hourly Estimated Totals
Rate (Est.) Cost
Principle in Charge 6 $75.00 $450
Project Manager 22 $62.00 $1,364
Project Engineer A8 548.00 $2,304
Specifications Review 30 540.00 $1,200
Electrical Engineer 40 $57.00 $2,280
Structural Engineer 40 $49.37 $1,975
CADD Technician 30 $38.00 $1,140
Admin 10 $26.00 $260
Direct Labor Total $10,973
Indirect Costs (Specify indirect cost pools.) Rate X Base = Est. Cost
$10,973 1.85 $20,300
Indirect Costs Total $20,300
Other Direct Costs Est. Cost
Travel $100
Transportation
Per Diem
Travel Costs Total $100
Equipment Materials, Supplies (Specify categories.) Qty. Cost Est. Cost
Equipment Subtotal
Subcontracts Est. Cost
$5,000
Subcontractors Subtotal $5,000
Other (Specify categories.) Est. Cost
Other Subtotal $5,000
Other Direct Costs Total $5,100
Total Estimated Cost $36,373
Profit $3,127
Total Price $39,500
2020-11 **Profit not permitted by City of Nashua on all Other Direct Costs, including subcontractors

Part III Price Summary

Competitors Catalog Listings, In-house Estimates, Prior Quotes
(Indicate basis for price comparison)

Market
Price(s)

Proposed
Price

Total

Part IV Direct Labor by Category

14. Insert the appropriate work category in the table below. Work categories would include but not be limited to those
categories shown in the Contract Documents such as design, survey, subsurface, cadastral, O&M Manual, administration,
inspection, record drawings, start-up, special services etc.

Work Update Total Rate Cost
i Hours
Category Design Bidding
Documents/ Services
NHDES
Coordination
Principle in A 2 6 $75.00 | $450
Charge
Project 16 6 22 | $62.00 | $1,364
Manager
Project
rojec 40 8 4g | $48.00 | $2,304
Engineer
Specificati
peamicanions 30 30 | $40.00 | $1,200
Review
Electrical
. 40 40 $57.00 | $2,280
Engineer
Structural AO 40 $49.37 | $1,975
Engineer
CADD 30 30 $38.00 | $1,140
Technician
Admin 10 10 $26.00 $260
TOTALS 210 16 226
Total Direct Labor Costs: | $10,973

Rev.2020-09

COMMITMENT & INTEGRITY 40 Shattuck Road | Suite 110 T 866.702.6371

DRIVE RESULTS Andover, Massachusetts 01810 T 978.557.8150
www.woodardcurran.com F 978.557.7948
EXHIBIT A
A PHASE 2 BIDDING SERVICES
a= PUMP STATIONS UPGRADE PROJECT
NASHUA, NH
a A

WOODARD
& CURRAN BACKGROUND

The City of Nashua has thirteen pump stations of different sizes, types and ages. Like many other cities
Nashua decided to review and upgrade all pump stations for reasons including but not limited to: ensure
proper and reliable operation to limit sanitary sewer overflows, address failing force mains, meet current
safety standards, improve ease of maintenance and accessibility for staff at each station, and take
advantage of new technology for the betterment of the community. In many stations, the pumping and
controls equipment is beyond its expected life. After an RFQ process and interviews, Woodard & Curran
was selected to complete this project to review and upgrade the City’s pump stations.

PREVIOUSLY COMPLETED WORK

The first investigation phase of the project was approved by the Board of Public Works in October 2015
and a multiday investigation took place with Woodard & Curran engineers and plant management and
staff in November. The summary report for this investigation was delivered in January 2016 and
presented to city management and wastewater treatment plant staff on March 9, 2016.

The preliminary design phase of the project was approved by the Board of Public Works in July 2016
and a Design Basis Report (DBR) was delivered to the City and presented to city management and
wastewater treatment plant staff in January 2017. The DBR presented the City with recommended
upgrade options and estimates of probable construction cost for each station based on preliminary
engineering analysis of layout, mechanics, hydraulics and constructability.

The City and Woodard & Curran entered into an agreement for final design services in June 2017. As
part of this scope of work, detailed plans and specifications were prepared for the pump station upgrades.
These documents were reviewed and approved by New Hampshire Department of Environmental
Services (NHDES). The project was advertised for bidders in late 2018 and bids were received on
December 4, 2018. The bids received were in excess of the City’s budget allocation for this work, so the
City wishes to re-bid the project with a reduction in scope in a staged approach. This will require the
previously prepared plans and specifications to be updated for the revised project. The project will need
to be re-submitted to NHDES for review, followed by a new bid period.

The City of Nashua undertook a similar approach for Phase 1 of the re-bidding scope. This project was
re-bid in early 2019 and completed in 2020.

BIDDING SERVICES - DETAILED SCOPE OF SERVICES

The scope of work generally consists of two phases:
1. Update of Design Documents; and
2. Bidding Services

Update of Design Documents

As directed by the City, the design documents will be updated to remove the pump station work which is
no longer part of the project. This will include removing unused drawings and specification sections and
updating the Table of Contents and Index of Drawings to reflect the changes. Detail call-outs and cross-