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ENGINEERING REPORT PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITYAPOWN OF NASHUA, NEW HAMPSHIRE

This AGREEMENT made and entered into at HILLSBOROUGH County, New Hampshire, this day of 20

,

by and between City/fewn of NASHUA. NEW HAMPSHIRE hereinafter called the OWNER, and HAZEN and SAWYER

hereinafter called the ENGINEER.

WITNESSETH:
WHEREAS, the OWNER intends to construct Treatment Works:

During the CMOM Phase 1 the inverted sewer siphons that cross under the Nashua River and Salmon Brook were

inspected by closed Circuit television (CCTV). Observations included deteriorating concrete, exposure of rebar in the

pipe anda hole. This siphons requiring repair range in size from 12 inches to 60 inches. The project will include lining of

the siphons using various specialized techniques

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:

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For Professional Services for Treatment Works
I. Services to be Performed by the ENGINEER

A. Upon execution of this AGREEMENT, the ENGINEER shall proceed with the general administration of construction
and fulltime inspection by qualified personnel of the contractor's work to assure compliance with the contract
documents and any coincident or subsequent changes or change orders for the construction of the treatment
works for the (Fewnr/City) of Nashua, New Hampshire, Sewer Siphon Rehabilitation. Said services shall include,
but shall not necessarily be limited to:

1. General Construction Administration
a. Updating and modifications of contract documents to meet changed site and project conditions or
variations in State or Federal requirements.

Completion of formal contract documents for the award of contracts.

Checking detail construction, shop and erection drawings submitted by the contractor.

Reviewing laboratory, shop, and mill test reports of materials and equipment.

Preparation of drawings and technical material as required to supplement and/or clarify the contract

documents.

g. Review, verification, and approval of estimates for periodic and final payments to the contractors for
submittal to the OWNER and the DIVISION.

h. Periodic inspection of work and final inspection.

i. Observing and reporting performance and qualifying tests required by specifications.

j. Keeping daily records of construction progress and compiling same into progress reports for submission
to the OWNER and DIVISION.

k. Verifying and keeping records of construction items of work accomplished for use as a basis of checking
contractors’ monthly estimates.

|. Consultation and advise during construction.

m. Determination of need for and preparation of change orders for approval by the OWNER and DIVISION
based on conditions found during construction and/or additions or modifications to the work requested
by the OWNER and approved by the ENGINEER and the DIVISION and implemented at a price
recommended by the ENGINEER as equitable. For change order items exceeding $10,000, the ENGINEER
shall prepare an independent cost estimate.

n. Determination of “equality” for substitution of materials and equipment specified and securing DIVISION
approval thereof.

o. Provide and maintain construction control lines and grades. For sewers offset lines and grade elevations,

with cut depths at manholes; at treatment plant and pumping station sites base lines for layout and

>~>oan

q. Preparation of certificate of substantial completion and contract completion.
r. Assist the OWNER in obtaining the required project related approvals of State and Federal agencies.

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For Professional Services for Treatment Works

2. Resident Inspection and Other Special Services

a. The ENGINEER agrees to provide at least one Registered Professional Civil Engineer on the project site
and one or more inspectors as necessary (full or part time) to assist the ENGINEER in the work of General
Administration as described under I(A) and in observing construction activity for compliance with the
contract documents and any associated change orders. The DIVISION shall be notified in writing of the
name of the resident engineer, assistant engineers, and construction inspectors, and shall be provided
with a brief history of the resident engineer's construction experience. The resident engineer and his
inspectors shall be in the employ of and under direct control of the ENGINEER. It is further agreed that
failure of the resident engineer to administer the PROJECT to the satisfaction of the DIVISION or OWNER
is deemed to be sufficient basis for his removal from the PROJECT and replacement.

b. The ENGINEER agrees to provide supervision of initial startup and operation and for services during the
twelve-month warranty period and to prepare the Project Performance Certification and associated
documentation.

c. Preparation of an Operation and Maintenance Manual for approval by the DIVISION. After DIVISION
approval, the ENGINEER agrees to supply four (4) sets of the completed manual to the OWNER, and an
electronic version of the document for the DIVISION.

d. Preparation of record drawings of the work as constructed. Two (2) sets of prints to be furnished to the
OWNER, and an electronic version of the stamped and signed drawings for the DIVISION.

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.

B. 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.

C. The OWNER also agrees to comply with DIVISION and Federal (Where applicable) requirements as they relate to
this project.

Hl. Compensation to be Paid the ENGINEER
A. Method of Payment Amount of Fee

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

Statements will be rendered (with modifications if necessary) monthly with billing by the hour and rate by
labor category with mark up and incidental expenses in accordance with the attached fee schedule.

2. The OWNER agrees to pay and the ENGINEER agrees to accept for all services under this AGREEMENT, a fee
not to exceed Dollars ($ ).

B. Limits of All Payment

1. The ENGINEER further agrees that the following fee for his services under | (A)(1), for Construction
Administration on this PROJECT, (exclusive of work performed by resident engineering staff) is adequate to
complete the work and shall not exceed Dollars ($

2. Payment to the ENGINEER for resident engineering and other special services shall be as follows:

a. Resident engineering and supporting staff (as agreed to by the OWNER and DIVISION) as described under
| (A)(2)(a) for a period of working days, an amount not to exceed

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ENGINEERING REPORT PHASE CONTRACT Page 4 of 7
For Professional Services for Treatment Works
Dollars ($ ).

b. Overtime shall be converted to equivalent fractions of 8-hour days. If the number of working days for
inspection personnel stated above is not sufficient to provide adequate inspection of the PROJECT, it is
agreed that the additional cost of resident services may be negotiated with the OWNER and the
DIVISION.

c. For supervision of initial start-up and operation of the project and Project Performance Certification as
described under | (A)(2)(b), during a period of twelve (12) months, an amount not exceed

Dollars(S ).
d. For preparation of the Manual as described under | (A)(2)(c) and instructions on its use, an amount not to
exceed Dollars(S ).

e. For special services, an amount equal to the actual cost of such work. The actual cost shall include
compensation to the ENGINEER for his work on these services. 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

Dollars (S ).
f. For preparation of the Record Drawings as described under | (A)(2)(d), an amount not to exceed
Dollars (S ).

IV. Additional Covenants

A. 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*

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

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 Project Engineer to administer the PROJECT to the
satisfaction of the OWNER and/or DIVISION is deemed sufficient basis for his removal and replacement.

B. 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
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.

C. 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 arise from his performance and the
performance of his employees under this AGREEMENT.

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

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For Professional Services for Treatment Works

E. The ENGINEER shall not sublet, assign or transfer any part of the ENGINEER's services or obligations (except
special services) under this AGREEMENT without the prior approval and written consent of the OWNER, and the
contract shall be binding upon and inure to the benefit of the parties, their successors and assigns.

F. It is further agreed that before any construction is undertaken the ENGINEER will assist the OWNER or his
authorized agent in providing the DIVISION with clear documentation certifying that the purchases of land have
been secured to provide for location of the treatment works and other associated structures and equipment as
shown on the construction plans or described in the specifications. Similar documentation shall be submitted on
approvals from the State Highway Department regarding location of the treatment works and other project
related facilities within rights-of-way and other lands under its jurisdiction.

G. The ENGINEER also agrees to provide in active residence and full time control at the site of the proposed
construction a DIVISION approved registered civil engineer and DIVISION approved inspectors (full time, part
time) as needed with the experience and other approved background to assist the ENGINEER in the work of
General Administration and to assure contractor’s conformance with the plans and specifications and any
approved coincident or subsequent changes or change orders related to the PROJECT. The resident registered
engineer for the life of this contract shall be

(Name and Address)

(Append resume describing Candidate’s qualifications)
Any Proposed change in the identity of the resident engineer on this PROJECT must first be approved by the
DIVISION before transfer of responsibility is made. Additionally, if it is found by the DIVISION that a resident
engineer (or inspector) cannot or will not administer the PROJECT in a manner satisfactory to the DIVISION, the
ENGINEER agrees to replace him promptly upon receipt of a written request from the DIVISION with a qualified
resident engineer who will acceptably administer the PROJECT. It is further agreed that failure of the ENGINEER
to abide by the above covenant is sufficient cause for removal from the DIVISION’S Roster of Prequalified
Engineers.

V. OWNER’S Terms and Conditions

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

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ENGINEERING REPORT PHASE CONTRACT Page 6 of 7
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IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals at HILLSBOROUGH County, New Hampshire,
the day, month, and year first above written.

ENGINEER:

HAZEN and SAWYER
By: Date:

(Authorized Representative?)

OWNER:

CITY of NASHUA, NEW HAMPSHIRE
By: Date:

(Authorized Representative?)

APPROVED:?
DEPARTMENT OF ENVIRONMENTAL SERVICES: Water Division

By: Date:

(Authorized Representative?)

1 Signatures should be supported by appropriate document.

2 itis agreed that as an act in furtherance of its statutory authority to approve engineering agreements for treatment works, the DIVISION's approval does not impose
any contractual obligation or liability on the State of New Hampshire, the Department of Environmental Services or the Division.

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ENGINEERING REPORT PHASE CONTRACT Page 7 of 7
For Professional Services for Treatment Works

INSERT CERTIFICATION OF VOTE

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ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

Page 1 of 2

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

Part I: General

Grantee/Loanee Name: City of Nashua

Grant/Loan #: CS-330158-33

Contractor/Subcontractor Name: Hazen and Sawyer

Proposal Date: August 2021

Contractor/Subcontractor Address:
1750 Elm Street, Suite 402,
Manchester, NH 03101

Street name and number City/Town

State

ZIP

Services Furnished:
Professional Engineering Services

Part Il: Cost Summary

Direct Labor (Specify labor categories) Hours Hourly Rate Estimated Totals
(Est.) Cost
PROJECT DIRECTOR 57 $90.00 $5,130
PROJECT MANAGER 1,067 $70.00 $74,690
SR. ASSOCIATE 618 $72.00 $44,496
ASSOCIATE 464 $53.00 $24,592
SR. PRINCIPAL ENGINEER 1,250 $48.00 $60,000
PRINCIPAL ENGINEER 2,360 $43.00 $101,480
ENGINEER 2240 $37.00 $82,880
Direct Labor Total $393,268
Indirect Costs (Specify indirect cost pools.) Rate X Base = Est. Cost
179.0 % $393,268 $703,950
Indirect Costs Total $703,950
Other Direct Costs Est. Cost
Travel $9,256
Transportation
Per Diem
Travel Costs Total $9,256
Equipment Materials, Supplies (Specify categories.) Qty. Cost Est. Cost
Printing, postage, telephone, fax, etc. 1 $9,311
Student Manuals 1 $9,000
Equipment Subtotal $18,311
Subcontracts Est. Cost
NWMCC $1,326,000
CPl $14,450
Flow Assessment $25,044
Subcontractors Subtotal $1,365,494
Other (Specify categories.) Est. Cost
Other Subtotal SO
Other Direct Costs Total $1,393,061
Total Estimated Cost $2,490,278
Profit S 109,721
Total Price $2,600,000
Page 1 of 2

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ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

Page 2 of 2

Part Ill 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.

un 2 | 3 2
z £ 5 < 2
“ o = = c <
s |% |3 2 3 8 6s | 2 & 2
a 5 3s £
-f/s i eg|a 5 ad é 2 2 ro @
Work 2 | @ 2 Ys|u P= 35 2 © 5 Ss 5
or —E | 6 = Ss] Oo 3 2s o Fa uw ra 3
category % ~ 5 Eg pa = S $ u oO i] @ 5
> © g 2 22 $ 8 = & 2 £ v o ry s
s/2 |§ |Z£|8 |e eR |=E/8 |S2/8 |£ ]E | 8
-=|2 |2 |zel]zelselee/E 1/4 | $2) 8s]/38 |= | 8
2/3 |3 |S2)8e)/ e828) 3e)/e|s | ES} ERS | gs | = 2 7
els |S |§s|§bl|se ee/2)/% | sF|/sBys |e | § |e 3
a | oa o &=/&3 |224| f£o/sa a Af|aa |= o fo FS] S
Project
rojec 26 | 12 1 8 0 2 4 0 2 0 0 2 0 57 $90 | $5,130
Director
Project
rojec 339 | 84 24 260 108 12 16 4 24 96 72 16 12 1067 | $70 | $74,690
Manager
sre 76 «| 24 0 273 24 8 34 0 48 94 12 25 0 618 $72 | $44,496
Associate
Associate | 0 0 0 225 60 0 0 60 |0 70 24 25 0 464 $53 | $24,592
Sr.
Principal 124 | 304 | 40 128 72 52 178 0 32 88 72 80 80 1250 | $48 | $60,000
Engineer
Principal 32 | 96 0 886 300 36 68 8 112 | 416 264 50 92 2360 | $43 | $101,480
Engineer
Engineer | 52 | 88 0 1126 | 284 0 0 0 96 332 92 90 80 2240 | $37 | $82,880
TOTALS | 8056 $393,268

Rev. 2020-11

City of Nashua

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

September 1, 2022
Memo #23-325

TO: Mayor Donchess
Finance Committee

SUBJECT: Change Order 1 for the 2022 Paving Program in the amount not to exceed $125,000
funded from 81704 Paving Bond/Bond

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

Item: 2022 Paving Program Change Order 1 for the increased cost of liquid asphalt
Value: Requested Amount $125,000

Original Contract: $4,562,802.50
Vendor: Sunshine Paving Corporation

Department: 161 Street
Source Fund: 81704 Paving Bond/ Bond

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.

A competitive bidding IFBO660-020922 for this project was issued on 1/19/2022 and the following bids
were received:

Vendor Location Amount Note
Sunshine Paving Hudson, NH $4,562,802.50
Continental Paving Londonderry, NH $4,741,400.00
Newport Construction Nashua, NH 54,824,000.00

The Board of Public Works (8/26/22 BPW meeting), Division of Public Works: Wastewater, and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Amy Girard

Purchasing Manager

Ce: D Hudson
C O'Connor
K Kleiner