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Rights and Remedies. The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

Prohibited Interests. Professional Engineer shall not allow any officer or employee of the City of
Nashua to have any indirect or direct interest in this contract or the proceeds of this contract.
Professional Engineer warrants that no officer or employee of the City of Nashua has any direct
or indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract
or in the business of Professional Engineer. If any such interest comes to the attention of
Professional Engineer at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Professional Engineer 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. Professional Engineer further warrants that no person having such an interest
shall be employed in the performance of this contract. If City of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City of
Nashua may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer shall be liable to the City of Nashua for any costs incurred
by the City of Nashua in completing the work described in this contract. At the discretion of the
City of Nashua, these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to
the awarding or amending or making of any determinations with respect to the performance of
this contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

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 Professional Engineer, 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
Professional Engineer.

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,

GC 11 of 12

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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 Professional Engineer. 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 12 of 12

EXHIBIT B

QO Stantec Stantec Consulting Services Inc.

45 Network Drive 3” Foor, Burlington MA 01803-4511

May 4, 2022

Mark Saunders, P.E
Senior Engineer
9 Riverside Greet
Nashua, NH 03062

Reference: 3-Year Optional Pavement Management Support Services Proposal

Dear Mr. Saunders:

Per your request, Santec Consulting Services, Inc. (Santec) has prepared the following
Pavement Management Services Proposal to ensure and protect the City’s municipal
pavement management system investment with providing system maintenance services
to maintain the City'spavement management database system.

We hereby propose to maintain the City’s Cartegraph pavement management system
(PMS) in Cartegraph’s Navigator, Santec will update work history, conduct pavement
conditions surveys, and perform data modeling and analysis on behalf of the City.
Stantec will maintain the City's pavement management database and provide exports
compatible with your GIS

Below are specific work tasks proposed to support Nashua in continuing their pro-active
approach to managing itspavement assets. The intent of these tasks willbe to update
the City’s pavement management database on an annual basis by utilizing ongoing
asset facility distress surveys, conduct data analysis for future capital improvement
planning and monitor system-wide metricson Nashua’ sroadways.

WORK TASKS:

Pavement Management System Update:

Stantec will annually re-survey 33% of the City’s roadway network, approximately
101 centerline miles each year to update the pavement surface condition (PCI)
ratings using CartéGraph’s PAVEMENTiew®Plus software. No data will be
collected on indices other than pavement condition. For each pavement
segment, Santec will capture a digital picture image to develop a geo-tagged
GlSlayer.

After field work, Santec will adjust system default deterioration curves based on
review of past Nashua PCI inspections and Stantec experience outside of
Nashua. Santec will enter and update new work history repair records for the
past construction season, update distress inspection records, and conduct
modeling and analysis of upcoming fiscal year roadway repair plan. This service
includes attendance at one (1) meeting at Nashua DPW, a written annual
summary describing Nashua’spavement condition network, financial needs, and
GlSdata shapefile export.

Stantec will discuss and develop a flow-work plan with Nashua to migrate data
over to OMSand conduct future pavement surveysutilizing Cartegraph’sOMS

City of Nashua, NH May 4, 2022
3-Year Optional Pavement Management Support Srices Proposal Page 2

SCHEDULE:

Santec will initiate the proposed work tasks immediately upon receipt of an
executed copy of this agreement/Notice to Proceed such that work tasks can be
performed assoon aspossble. Thisproject isexpected to require approximately five
(5) monthsfrom start to completion of each annual update.

Task Expected Completion
Schedule

Executed Contract Notice to Proceed July 1, 2022

2022 Pavement Management Ystem 33% Update November 2022

Optional 2023 Pavement Management System 33% Update November 2023

Optional 2024 Pavement Management System 33% Update November 2024

PERIOD OF PERFORMANCE

Consultant shall perform and complete all 2022 task work by November 21, 2022,
which date shall only be altered by mutually approved written agreement to extend
the period of performance orby termination in accordance with the termsof the
contract. Consultant shall begin performance upon receipt of an Executed Contract
and a valid Purchase Order issued from the City of Nashua.

Our not to exceed fee to complete the proposed scope of services as defined
above is Thirty-One Thousand and Seven Hundred Dollars ($31,700). Should the
scope of servicesbe expanded, Santec will discussthe additional fee to accomplish
the additional scope and an amendment to this Agreement will be executed. The
proposed scope of sericesasdefined above isbroken down asfollows:

1. 2022 Pavement Network-Level Update Task: $ 31,700
2. Optional 2023 Pavement Network-Level Update Task: $ 32,900
3. Optional 2024 Pavement Network-Level Update Task: $ 34,300

INVOICES:

Stantec will invoice the City on a monthly basis during the performance of our
services, the amount of each invoice will be based on the percentage completion
foreach work task at the time of work performance.

Please indicate your acceptance of this proposal by signing and dating in the spaces
provided and returning one sgned copy to Gantec.

City of Nashua, NH May 4, 2022
3-Year Optional Pavement Management Gupport Services Proposal Page 3
Regards,

STANTEC CONSULTING SERVICESINC.
° Digitally signed b
Scarpati, — <aisst william

Scarpati, William

Wi ia m Date: 2022.05.04

16:10:41 -04'00' Fx /, : Zs a Whe. Y
William P. Scarpati Frederick A. Moseley, PE
Senior Project Manager Principal
Phone: (781) 221-1165 Phone: (718) 221-1131

willaam.scarpati@stantec.com frederick.moseley@stantec.com

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

May 24, 2022
Memo #22-284

TO: Mayor Donchess
Finance Committee

SUBJECT: Engineering Consulting Change Order #1 in the amount not to exceed $40,427 funded
from 81700 Infrastructure Improvements/Wastewater Fund

Please see attached communications from Daniel Hudson, City Engineer, dated May 25, 2022 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item: Engineering Consulting for Stormwater Screening & Analysis for EPA Permitting
Value: Amendment #1: not to exceed $40,427

To Date: Finance Memo 22-169: $2,600,000 (approved 9/15/21)

Vendor: Hazen and Sawyer

Department: 169 Wastewater
Source Fund: 81700 Infrastructure Improvements/ Wastewater Fund

Ordinance: Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting,
architectural, auditing, engineering, legal, medical and ambulance services and
purchases of independent professional consultant services for personnel, data
processing, actuarial, planning, management and other comparable purchases
competitive bidding shall not be required.

The Board of Public Works (5/25/2022 BPW meeting), Division of Public Works: Wastewater, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: D Hudson
C O'Connor

To:

From:

Re:

E. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: May 25, 2022

Daniel Hudson, P.E., City Engineer
Engineering Department

Amendment | for Municipal Separated Storm Sewer System (MS4) Assistance

To approve Amendment | to the engineering services contract for tasks required
by the EPA MS4 Permit with Hazen and Sawyer, PC of Manchester, NH in an
amount of $40,427. Funding will be through Department: 169 Wastewater; Fund:
Wastewater; Activity: Stormwater Abatement.

The 2017 Municipal Separated Storm Sewer System (MS4) Permit, as issued by
the EPA, allows the City to discharge stormwater runoff to waterways in the City.
The EPA requires many documents to be generated, City properties to be
investigated, stormwater outfalls sampled and annual reporting provided as
examples of elements to be completed to comply with the City-wide permit.
Hazen and Sawyer, PC (Hazen) was hired in 2021 to assist the City in completing
these tasks, including the development of the Annual Report.

The City has at least 359 publicly-owned stormwater outfalls that are required to
be screened during dry weather, and should discharge be occurring, the flow is to
be sampled and tested in an effort to identity illicit discharges connected to the
storm drain system. During 2021, 260 outfalls were screened. This amendment is
to provide funding to complete the screening of the remaining outfalls. Additional
funding is also needed to provide the screening results and analysis in the Annual
Report which is due in September 2022.

2 Hazen and Sawyer
1750 Elm Street, Suite 402
Manchester, NH 03101* 603.657.2581

May 16, 2022

Ms. Amy Prouty Gill

Sr. Staff Engineer
Engineering Department
Division of Public Works

9 Riverside Street
Nashua, NH, 03062

Re: Amendment for EPA Municipal Separated Storm Sewer System (MS4) Permit Assistance

Dear Ms. Prouty Gill:

Hazen and Sawyer (Hazen) is pleased to submit an amendment to the MS4 Permit Assistance project. The
enclosed amendment modifies the scope and budget of the original study contract, dated February 18,
2021 (attached as reference). The amendment consists of a second phase of dry weather outfall screening
and sampling as well as supplementing the budget for a second annual report. A detailed budget estimate
for the additional work is enclosed.

Please contact me with any questions at (603) 657-2588.

Very truly yours,

fel

Alberto Angles, Jr., PE

Senior Associate

Enclosure

hazenandsawyer.com

CLIENT: City of Nashua

CONSULTANT Hazen and Sawyer
PROJECT: EPA Municipal Separate Storm Sewer
System (MS4) Support Services

AGREEMENT FOR PROFESSIONAL SERVICES
AMENDMENT Ne 1
This Amendment dated the day of ,20 to the Agreement for
Professional Services (“the “Agreement”) dated the 18th day of February, 2021 is made and
entered into between City of Nashua ("CLIENT") and Hazen and Sawyer ("CONSULTANT’,

collectively, “the Parties.”.

WHEREAS, the Parties desire to amend “Exhibit B--Hazen and Sawyer Scope of Service
Proposal, dated January 21, 2021” and paragraph 4 "COMPENSATION" of the Agreement

NOW THEREFORE, in consideration of the mutual promises herein contained, CLIENT and
HAZEN agree to modify the following paragraphs of the Agreement.

Exhibit B--Hazen and Sawyer Scope of Service Proposal, dated January 21, 2021

The Scope of Services currently authorized to be performed by HAZEN in accordance with the
Agreement, and previous Amendments, if any, is modified as follows:

Task 1 — Dry Weather Outfall Screening and Sampling
Addition of 100 outfalls to be screened and sampled, project management, and QA/QC of second
summary memorandum.

Task 7 — Annual Reports
Additional labor for second year annual report.

COMPENSATION

For the Additional and/or Changed Services to services set forth above, CLIENT shall pay HAZEN
the following additional compensation:

Task 1 — Dry Weather Outfall Screening and Sampling $28,575
Task 7 — Annual Reports $11,852
Amendment 1 increases the current Contract Agreement Maximum Amount from $187,550 by

$40,427 to a revised Maximum Amount of $227,977. The cost of the additional services shall not
exceed $40,427

MS4 Assistance Il Amendment No. 1 r1.docx020218 Page 1 of 2
161544 Amendment No. 1

CLIENT and HAZEN hereby agree to modify the Agreement as set forth in this Amendmert. All
provisions of the Agreement not modified by this or previous Amendments remain in effect.

This Amendment may be executed in counterparts, each of which shall be deemed to be an
original.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by
their duly authorized officers or partners, and is made effective the latest date and year written
below:

City of Nashua Hazen and Sawyer
By: By: May 16, 2022
James W. Donchess Date E ark J. AVotte, PE Date
Mayor Associate Vice President
WM,
Ul f AVWYWVS fe May 16, 2022
Witness Date Witness U Date
MS4 Assistance Il Amendment No. 1 r1.docx020218 Page 2 of 2

161544 Amendment No. 1