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City of Nashua
Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233
January 26, 2022
Memo #22-232
TO: Mayor Donchess
Finance Committee
SUBJECT: East Hollis and Bridge Street Intersection Improvements in the amount not to exceed
$440,939.27 funded from 53107 Architect & Engineering Services/NHDOT Grant
Please see attached communications from Tim Cummings, Director of Economic Development, dated
January 12, 2022 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:
Item: Engineering Services to include Preliminary Plans, Final Plans and Bidding Services
for the project to improve mobility at the intersection of East Hollis and Bridge
Streets.
Value: $440,939.27
Vendor: McFarland-Johnson
Department: 183 Economic Development
Source Fund: 53107 Architect & Engineering Services/ NHDOT Grant
Bidding Info: | Acompetitive bidding RFQ for this project was issued with RFQ0274-051917
Ordinance: Pursuant to § 5-78 Major purchases (greater than $25,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated
cost thereof shall exceed $25,000 shall be purchased by formal, written contract
from the lowest responsible bidder, after due notice inviting bids.
The Economic Development Division, and the Purchasing Department respectfully request your approval
of this contract.
Regards,
Kelly Parkinson
Purchasing Manager
Ce: T Cummings
C Lindner
THE CITY OF NASHUA “the Cate City’
Office of Economic Development
To: Kelly Parkinson, Purchasing Manager
From: Tim Cummings, Economic Development Director
Ce: Janet Graziano, Financial Manager; Deb Chisholm, Acting Community Development Director
Date: January 12, 2022
Re: Preliminary Design, Final Design and Bidding Services for East Hollis Street/Bridge Street
Intersection Improvements
Request
The Office of Economic Development requests approval to execute a contract with McFarland-Johnson
("MJ") for $440,939.27 to provide Preliminary Design, Final Design, and Bidding Services for
improvements at the intersection of East Hollis Street and Bridge Street.
Background
The goal of the project is to improve mobility along a congested commuter route at one of only two
Merrimack River crossings in Nashua and increase capacity for alternative modes along this vital link to
the City's downtown core. Ancillary benefits of this project include allowing for better access to
redevelopment sites, including several new and planned multi-family housing properties and the future rail
station, and enhancing the gateway aesthetics of the area. The City has been actively working toward
improving this area for many years and the engineering study completed as Phase 1 for this project
confirmed the purpose and need identified in the 2004 East Hollis Street Area Plan is even stronger today.
This project is 100% federally funded in the State Transportation Improvement Program (Project #16314)
with $3,661,000 in federal dollars and no local match requirements up to that funding amount. In May
2017, the City sent out RFQ0274-051917 "Design Build East Hollis—Bridge Street", in compliance with
the NH Department of Transportation (NHDOT) Local Public Agency rules for the selection of an
engineering firm. The RFQ was for Engineering Services encompassing four phases: Phase 1: Engineering
Study; Phase 2: Preliminary Plans; Phase 3 — Final Plans; and Phase 4 — Bidding Services.
NHDOT reviewed and approved of the City's selection process that resulted in MJ receiving the highest
ranking of four firms who submitted Statements of Qualifications and they approved MJ's scope of work
and fee for the Phase 1 Engineering Study. In March 2018, the City entered into an agreement with MJ for
Phase 1 with the final scope of services and fee for Phases 2, 3 and 4 to be determined at the completion of
the Engineering Study and the selection of a preferred alternative. NHDOT approved the final Engineering
Study identifying a preferred alternative in late 2021. NHDOT also reviewed MJ's scope of work and fee
for Phases 2, 3 and 4 and granted approval to execute a contract on December 27, 2022.
The Office of Economic Development recommends approval of the contract to McFarland-Johnson to
complete Phases 2, 3 and 4 for improvements at the intersection of East Hollis Street and Bridge Street for
the proposed fee of $440,939.27. Attached is a City of Nashua Standard Contract for Professional Services
for this project, which includes the scope of work and fee summary.
CONTRACT FOR PROFESSIONAL SERVICES
TITLE
A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND
McFarland-Johnson
and its successors, transferees and assignees (together “Professional Consultant”)
NAME AND TITLE OF PROFESSIONAL CONSULTANT
53 Regional Drive, Concord, NH 03301-8500
ADDRESS OF PROFESSIONAL CONSULTANT
WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Consultant; and
WHEREAS, it is deemed that the services of a Professional Consultant herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and
WHEREAS, Professional Consultant represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;
Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:
1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:
Exhibit A — General Conditions for Contracts
Exhibit B — Scope of Work and Task Descriptions
Exhibit C — McFarland-Johnson Team Fee Detail
Exhibit D — RFQ0274-051917
The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.
In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.
AG 1 of 4
2. WORK TO BE PERFORMED. Except as otherwise provided in this contract, Professional Consultant
shall furnish all services, equipment, and materials and shall perform all operations necessary and
required to carry out and perform in accordance with the terms and conditions of the contract the work
described.
DESCRIPTION OF WORK:
e Phase 2 — Preliminary Design: Preliminary Plans and Estimate, Geotechnical Investigations,
Environmental Documentation (NEPA), Right-of-Way Plans, Public Involvement, Utility
Coordination and Project Meetings
e Phase 3 — Final Design: Environmental Permitting, Plans, Specifications, and Estimate (PS&E),
Final Plans/Contract Documents, Steering Committee Meetings and Project Meetings
e Phase 4 — Bidding Services
3. PERIOD OF PERFORMANCE. Professional Consultant shall perform and complete all work by
December 31, 2023 which date shall only be altered by mutually approved written agreement to
extend the period of performance or by termination in accordance with the terms of the contract.
Professional Consultant shall begin performance upon receipt of an Executed Contract and a valid
Purchase Order issued from the City of Nashua.
4. COMPENSATION. Professional Consultant agrees to perform the work for a total cost not to exceed
Four Hundred Forty Thousand Nine Hundred Thirty Nine Dollars and 27 Cents ($440,939.27)
The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work. Overhead rates documented in "Exhibit C —- McFarland-Johnson Team Fee Detail" will be
utilized for the duration for the contract and will be utilized for any contract amendments.
Unless Professional Consultant has received a written exemption from the City of Nashua, Professional
Consultant shall submit monthly requests for payment for services performed under this agreement in
accordance with the values stated in the Agreement. Such requests shall be supported by such data
substantiating the Professional Consultants right to payment as the City of Nashua may reasonably require.
Professional Consultant shall submit monthly requests for payment for services performed under this
agreement shall be submitted as follows:
>» Electronically via email to VendorAPInvoices@NashuaNH. gov
OR
> Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060
Please_do not submit invoices both electronically and via paper copy.
In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.
AG 2 of 4
Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved budget.
Specifically, Professional Consultant agrees to provide the following with each request for payment:
1. Appropriate invoice forms. The forms shall include the project purchase order number, a
listing of personnel hours and billing rates, and other expenditures for which payment is
sought.
2. A progress report. The report shall include, for each monthly reporting period, a description
of the work accomplished, problems experienced, upcoming work, any extra work carried out,
and a schedule showing actual expenditures billed for the period, cumulative total expenditures
billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.
The City of Nashua will pay for work satisfactorily completed by Professional Consultant. The City of
Nashua will pay Professional Consultant within 30 days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms
and progress reports have been submitted and approved.
5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until executed by the City
of Nashua.
6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:
CITY OF NASHUA REPRESENTATIVE: PROFESSIONAL CONSULTANT REPRESENTATIVE:
Tim Cummings, Director
Economic Development Division
City Hall/PO Box 2019
229 Main Street
Nashua, NH 03061
Julie Chizmas, Transportation Analyst
Community Development Division
City Hall/PO Box 2019
229 Main Street
Nashua, NH 03061
Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Professional Consultant may change the address or representative by giving written
notice to the other party.
AG 3 of 4
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) (signature)
James W_Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)
Date Date
AG 4 of 4
Exhibit A
General Conditions for Contracts
