COST BACKUP
SUMMARY OF LABOR AND COSTS - DRAFT
CITY OF NASHUA, NH
CONTINUED STORMWATER PROGRAM ASSISTANCE
HAZEN AND SAWYER TEAM BUDGET FOR AMENDMENT NO. 1
. _ . TOTAL TOTAL TOTAL LABOR OTHER
Task Description oan wae Sr. Associate Associate or Principal erncipel Sr. Designer. el oy Technician Nouns LABOR INDIRECT &INDIRECT DIRECT FIXED FEE DOLLARS
g g g g g DOLLARS COSTS DOLLARS COSTS
Rates $82.00 $72.00 $72.00 $65.00 $52.00 $45.00 $47.00 $40.00 $37.00 OH 179.0% Profit 10.0%
DW Outtall
1.0 Screening
oversight 2 10 0 0 0 14 0 32 0 58 $2,794 $5,001 $7,795 $0 $780 $8,575
o&M
2.0 Programs‘ 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0
3.0 SWPPPs’ 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0
Street and
Parking Lot
4.0 Guideline
Assessment 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0
Local
5.0 Regulations
Assessment 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0
Inventory of
6.0 Potential BMP
Retrofits 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0
70 Draft and Final
, Annual Reports 8 10 8 4 10 30 112 $3,862 $6,913 $10,775 $0 $1,077 $11,852
(two)
[Totals | 10 | 20 | 8 | 4 | 0 24 0 62 0 170 | $6,656] $11,914] $18,570] $0] $1,857.02] $20,427
1. for parks, open space, bldgs, facilities vehicles and equipment ODCs $ -
2. for maintenance garages, public works yards Subs $ 20,000
Total $ 40,427
Total less
sub $ 20,427
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 #22-285
TO: Mayor Donchess
Finance Committee
SUBJECT: Engineering Consulting in the amount not to exceed $75,000 funded from 81700
Infrastructure Improvements/Wastewater Fund
Please see attached communications from Choose an item., dated Click here to enter a date. for project
specific details related to this purchase. Below please find a summary of the purchase approval request:
Item:
Value:
Vendor:
Department:
Source Fund:
Ordinance:
Engineering support for sewer and drainage analysis and design
not to exceed $75,000
Hayner/Swanson Inc.
169 Wastewater
81700 Infrastructure Improvements/ Wastewater Fund
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: Engineering, 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:
I. 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
Sewer and Drainage Analysis and Design — Engineering Services
To approve the engineering services contract with Hayner/Swanson, Inc. of
Nashua, NH for sewer and drainage analysis and design in the amount not to exceed
$75,000. Funding will be through Department: 169 Wastewater; Fund:
Wastewater; Activity: CSO Flooding & Stormwater Abatement.
The Engineering Department, in collaboration with the Wastewater Department,
manages the layout, construction, condition assessment, and rehabilitation of the
City’s sewer and stormwater collection systems. Where feasible, sewer and
drainage issues are addressed concurrently with street redesign and repaving
efforts, especially in the concentrated urban area of the City where the majority of
properties are currently served by combined sewers. Evaluation of alternative
methods of addressing drainage issues and opportunities to separate combined
portions of the wastewater collection system is needed as part of a holistic approach
to revamping a street or surface. Demonstration projects for stormwater control
throughout the City including rain gardens, stormwater treatment units, and green
infrastructure that promote water quality and infiltration is a requirement of the
EPA Stormwater Permit.
The City seeks to engage Hayner/Swanson, Inc. (HSI) of Nashua, NH to provide
engineering support of the above efforts on an as needed basis. The proposed scope
of services includes but is not limited to assisting with analysis of the problem,
reviewing hydraulic needs for the collection system, proposing solutions and
providing a designs as needed, and preparing plans and specifications for bidding.
HSI has broad experience in similar work for the City as well as for private
development work within the City.
RITST Hayner/Swanson, Inc.
Civil Engineers/Land Surveyors
May 24. 2022
Daniel Hudson, P.E.
City Engineer
9 Riverside Street
Nashua. NH 03062
Dear Mr. Hudson:
Hayner/Swanson, Inc. (HSI) is pleased to submit this proposal to perform professional services
in support of the City of Nashua’s investigation, evaluation and resolution of concerns with the
sewer and wastewater collection systems.
These services will be performed on an on-call basis and may include assignments throughout
the City.
As a first assignment, we understand that the City wants HSI to evaluate the feasibility of
implementing changes to the existing drainage and combined sewer system in the area of Factory
Street and Water Street. Presently, a number of upstream pipes carrying stormwater tic into the
combined sewer system. The goal is to disconnect these drainage pipelines from the combined
system and have the separated stormwater outlet at the river.
HSI proposes to perform an initial evaluation of alternatives. This evaluation will build on
studies which are presently underway by the City Engineering Department. We will work
closely with City staffas we perform our evaluation.
We understand that there are several concerns which we will be mindful of during our work:
e The City is planning a project to reconstruct sidewalks and repave Factory Street. Some
alternatives which we will evaluate would require work in Factory Street. The City needs
to know if work will be recommended in Factory Street as soon as reasonably possible.
e There are two existing stormwater outfalls at the river. One is 48-inch diameter and the
other is 30-inch diameter. While directing the separated stormwater, flow to the 48-inch
outfall would be preferable, this may not be feasible due to various constraints.
e While it may be advantageous to direct the flow to the 30-inch outfall. this pipe may not
have sufficient capacity. If additional capacity is needed, adding another pipe adjacent to
the 30-inch outfall may be recommended. Although this would normally be a significant
permitting hurdle, we note that the City Riverfront Project has submitted a wetland
permit for the area in question. This application already includes reconstructing the
entire riverbank in the vicinity of the outfall. Amending this application might be a
reasonable approach to permitting a proposed twin pipe outfall.
3 Congress St. Nashua, NH 03062 - (603) 883-2057
131 Middlesex Turnpike, Burlington, MA 01803 - (781) 203-1501
www. hayner-swanson.com
Project Approach
Determining the recommended route and configuration of the improved system is the most
important element in this evaluation. For this reason, our study will focus on consideration of
physical constraints and the determination of a recommended pipe layout. We consider sizing of
the pipes as secondary in importance to the determination of a preferred layout. We anticipate
consideration of the following alternatives:
e A new stormwater pipeline may be routed in Factory Street with access to a river outfall
through a 20-loot alley between Factory Strect and Water Street.
e Alternatively, the existing 48-inch combined sewer pipe could be used for drainage with
a connection made to the existing 48-inch outfall. A new sewer main would be needed.
This pipeline might be routed in Factory Street through the 20-foot alley and connect into
the riverside interceptor.
e Alternatives which do not involve new pipe in Factory Street would require a new
pipeline in the area of the Water Street bridge abutment. There are significant horizontal
and vertical constraints which we will evaluate in this area.
Following review of routing alternatives, HIS1 will make recommendations to the City. With City
review and input, HSI will proceed with preliminary sizing of pipelines to complete this initial
evaluation.
Our work on this assignment, as well as possible future assignments, will be performed in
accordance with the terms and conditions attached. The work will be billed at the hourly rates
listed in the attached Fee Schedule. Total billings will not exceed $75.000 without advance
written authorization.
Thank you for the opportunity to provide professional services to the City of Nashua. Please
contact me if you have any questions.
*, Vancor, PLE
Vire President/Principal Engincer
Sinc
APPROVED BY:
Mayor Donchess, City of Nashua
“AY FY SN
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS
PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE
CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION
DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES
TERMINATION OF CONTRACT
DISPUTE RESOLUTION
NO DAMAGES FOR DELAY
INSURANCE
INDEMNIFICATION
FISCAL CONTINGENCY
COMPENSATION
COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION
ENDORSEMENT
ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS
PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE
TAXES
NON-WAIVER OF TERMS AND CONDITIONS
RIGHTS AND REMEDIES
PROHIBITED INTERESTS
THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY
MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE
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General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors
PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only
contractual relationship created by this contract is between the City of Nashua and Professional
Engineer, and nothing in this contract shall create any contractual relationship between the City
of Nashua and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City of Nashua
employee and that there shall be no:
(1) Withholding of income taxes by the City of Nashua:
(2) Industrial insurance coverage provided by the City of Nashua;
(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;
(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;
(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;
(6) Unemployment compensation coverage provided by the City of Nashua.
STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Professional Engineer warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Professional Engineer to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Professional Engineer shall, at its own expense and without additional compensation, re-perform
work to correct or revise any deficiencies, omissions, or errors in the work or the product of the
work or which result from Professional Engineer's failure to perform in accordance with this
standard of care. Any approval by the City of Nashua of any products or services furnished or
used by Professional Engineer shall not in any way relieve Professional Engineer of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Professional Engineer's work under this
contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and Professional Engineer shall be and remain liable in accordance with the
terms of the contract and applicable law.
Professional Engineer shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Professional Engineer to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Engineer without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Engineer shall, if
requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.
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4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Professional Engineer, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.
5. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Professional Engineer's
performance under the contract. Professional Engineer shall provide to the City of Nashua within
10 calendar days, a written proposal for accomplishing the change. The proposal for a change
shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of
tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua
will then determine in writing if Professional Engineer should proceed with any or all of the
proposed change. If the change causes an increase or a decrease in Professional Engineer's cost
or time required for performance of the contract as a whole, an equitable adjustment shall be
made and the contract accordingly modified in writing. Any claim of Professional Engineer for
adjustment under this clause shall be asserted in writing within 30 days of the date the City of
Nashua notified Professional Engineer of the change.
When Professional Engineer seeks changes, Professional Engineer shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Professional Engineer should proceed with any or all of the proposed change.
Except as provided in this paragraph, Professional Engineer shall implement no change unless the
City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shall be confirmed in
writing as soon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination.
6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Professional Engineer in the performance of its work under this contract and that such
personnel will be available to Professional Engineer for consultation at reasonable times and after
being given sufficient advance notice that will prevent conflict with their other responsibilities.
The City of Nashua also agrees to provide Professional Engineer with access to City of Nashua
records in a reasonable time and manner and to schedule items that require action by the Board of
Public Works and Finance Committee in a timely manner. The City of Nashua and Professional
Engineer also agree to attend all meetings called by the City of Nashua or Professional Engineer
to discuss the work under the Contract, and that Professional Engineer may elect to conduct and
record such meetings and shall later distribute prepared minutes of the meeting to the City of
Nashua.
7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to
Professional Engineer. All future questions Professional Engineer may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
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for Professional Engineer's question or position. The City of Nashua representative shall render a
decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any work
affected by a conflict, error, omission, or discrepancy which has been performed by Professional
Engineer prior to having received the City of Nashua's resolution shall be at Professional
Engineer's risk and expense. At all times, Professional Engineer shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract
or determination of the City of Nashua. Professional Engineer is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its failure to
do so.
TERMINATION OF CONTRACT
A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Professional Engineer 10 day’s written notice of its intent to do so.
If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Professional Engineer
shall:
—
Immediately discontinue work on the date and to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.
3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or subcontracts specified in the notice, and
revoke agreements specified in the notice.
4. Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the City of Nashua to resume performance.
In the event of a termination, abandonment, or suspension at will, Professional Engineer shall
receive all amounts due and not previously paid to Professional Engineer for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for
work thereafter completed as specified in the notice. No amount shall be allowed or paid for
anticipated profit on unperformed services or other unperformed work.
B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Professional Engineer in the event of a failure by Professional
Engineer to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress
on the work in a timely and professional manner. Professional Engineer shall be given an
opportunity for consultation with the City of Nashua prior to the effective date of the termination.
Professional Engineer may terminate the contract on 10 calendar days written notice if, through
no fault of Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45
days after the date of approval by the City of Nashua of any Application for Payment.
Upon receipt of notice of termination for cause, Professional Engineer shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
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