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THE CITY OF NASHUA The Gate C47

Financial Services

Purchasing Department

March 28, 2019
Memo #19-136

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PUMP STATION UPGRADES PROJECT — PHASE 1 CONSTRUCTION ENGINEERING
SERVICES (VALUE: $409,900)
DEPARTMENT: 169 WASTEWATER; FUND: SRF LOAN

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated March 28, 2019 for the information related to this contract.

§ 5-83. Professional services. 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. Competitive bidding is required in the procurement of insurance
agents and consultants.

The Superintendent Wastewater Department, the Board of Public Works (March 28, 2019 meeting) and
the Purchasing Department recommend the award of this contract in an amount of $409,900 from Wright
Pierce of Thompson, ME.

Respectfully, —
De tI
iting LXE

i a
CY Dan Kooken
Purchasing Manager

i

Coe: D Boucher L Fautuex

229 Main Street » Nashua, New Hampshire 03061 © Phone (603) 589-3330 « Fax (603) 589-3233

To:

From:

Re:

D. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: March 28, 2019

David L. Boucher, Superintendent
Wastewater Department

Pump Station Upgrades — Construction Phase Services

To approve the contract with Wright Pierce of Thompson, ME in an amount not
to exceed $409,900 for construction administration services for the Pump Station
Upgrades Phase I Project. Funding will be through: Department: 169-
Wastewater; Fund: SRF Loan; Activity: Pump Station Upgrades Phase I.

Wright Pierce Engineering Cost Summary

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. This motion is to award the
construction phase services of Phase I of the project, which includes the six most
critical pump stations in the City, to Wright Pierce.

Construction is estimated to last 15 months and Wright Pierce’s services include
residential engineering and construction administration. Their cost proposal, at
approximately 11.8% of the $3,469,500 construction costs, is reasonable at
$409,900.

ENGINEERING CONSTRUCTION PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITY/AFOMAN OF NASHUA, NEW HAMPSHIRE

This AGREEMENT made and entered into at HILLSBOROUGH County, New Hampshire, this
day of 2019, by and between City-fewn of NASHUA, NEW HAMPSHIRE
Hereinafter called the OWNER, and WRIGHT-PIERCE hereinafter called the ENGINEER.

WITNESSETH:

WHEREAS, the OWNER intends to construct Treatment Works in accordance with the contract
drawings and bidding documents for the “Wastewater Pump Station Upgrades — Phase 1” dated
February 2019 and prepared by Woodard & Curran,

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:

Construction Phase Engineering
03/14/19

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 2 of 6
For Professional Services for Treatment Works
I Services to be Performed by the ENGINEER 1. Observing and reporting perfor-

A. Upon execution of this AGREEMENT, the EN-
GINEER shall proceed with the general administration
of construction and (Her part-time} 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
(Fewn/City) of Nashua, New Hampshire,
Wastewater Pump Stations Upgrade — Phase 1.

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.

c. Completion of formal contract
documents for the award of contracts.

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

€. Reviewing laboratory, shop, and
mill test reports of materials and equip-
ment.

f. Preparation of drawings and
technical material as required
supplementing and/or clarifying the
contract documents.

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

h. Periodic inspection of work and
final inspection.

2. Resident Inspection and Other Special
Services

Construction Phase Engineering

mance and qualifying tests required by
specifications.

j. Keeping daily records of construc-
tion 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.

L Consultation and advice 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 ap-
proved by the ENGINEER and the DIVI-
SION and implemented at a price recom-
mended 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 ap-
proval thereof.

p. Preparation of application, support-
ing and associated documents for Federal,
State, and other grant or loan programs,
including monthly reimbursement re-
quests. Refer to Exhibit A — Federal

and State Reporting Requirements.

qd. Preparation of certificate of sub-
stantial completion and contract comple-
tion.

r Assist the OWNER in obtaining
the required project related approvals of
State and Federal agencies.

a. The ENGINEER agrees to provide
Engineer a part-time Resident Project

03/14/19

ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

IL.

Representative (RPR) on the project site

and one or more inspectors as necessary
(fsH—er 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
budgeted effort is based on 3 days per
week over_a 13.5 months period for
RPR services (total of 1,404 hours over

175_days). The DIVISION shail be
notified in writing of the name of the

RPR = Resident —Envineer,—assistant

engineers and—construction inspectors,
and shall be provided with a brief history
of the RPR’s Resident—Engineer's
construction experience. The RPR Resi+-

dent-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 RPR ResidentEngineer
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 re-
placement.

b. The ENGINEER agrees to provide
supervision of initial start-up and opera-
tion 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 five (5)
sets of the completed manual, one (1) of
which will be for the DIVISION.

d. _—- Preparation of record drawings of
the work as constructed. Three (3) sets of
prints to be furnished, one (1) of which
shall be for the DIVISION.

The OWNER'S Responsibilities

Assist the ENGINEER by placing at his dis-

posal all available information pertinent to the PRO-
JECT, including previous reports and other data rela-
tive to the reports.

Make provisions for the ENGINEER to enter
upon public and private lands, municipal
facilities and industrial establishments as

Construction Phase Engineering

Til.

Page 3 of 6

required to perform work under this AGREE-
MENT.

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

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 modi-
fications if necessary) monthly with bill-
ing by the hour and rate by labor category
with mark-up and incidental expenses in
accordance with the attached fee sched-
ule.

2. The OWNER agrees to pay and the

ENGINEER agrees to accept for all services

under this AGREEMENT, a fee not to exceed
Four-hundred-nine thousand, nine

hundred Dollars
($409,900.00)

B. Limits of All Payment

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

Two-hundred-thirty-one thousand, four

hundred Dollars
$231,400.00

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

a. Resident engineering and-suppert-
ine-staff (as agreed to by the OWNER and

DIVISION) as described under I (A)(2-

)(a) for a period of 175 working days, an

amount not to exceed
One-hundred-twenty-four thousand, nine

hundred Dollars
($124,900.00)

03/14/19

ENGINEERING CONSTRUCTION PHASE CONTRACT

For Professional Services for Treatment Works

IV.

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.

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

Twenty-five thousand, five hundred

Dollars

($25,500.00)

c. For preparation of the Manual as
described under I (A)(2)(c) and instruc-
tions on its use, an amount not to exceed

Sixteen thousand Dollars

($16,000.00)

e. For preparation of the Record
Drawings as described under I (A)(2)(d),
an amount not to exceed

Twelve thousand, one hundred

Dollars
($12,100.00)

Additional Covenants

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

Construction Phase Engineering

Page 4 of 6

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 a “qualified sanitary engineer”
is as defined under the DIVISION'S “Rules and Regu-
lations for the Prequalification of Consulting Engi-
neers.” The Project Engineer shall be*

Jeffrey R. Pinnette, PE

(name and address)
Wright-Pierce, 230 Commercial Way, Suite 301,

Portsmouth, NH 03801

* 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
msurance 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, de-
sign calculations, work sheets, field notes, estimates,
and other data shall remain the property of the OWN-
ER; 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.

consent of the OWNER, and the contract shall be

binding upon and inure to the benefit of the parties,
their successors and assigns.

03/14/19

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 5 of 6
For Professional Services for Treatment Works

F. It is further agreed that before any construction te-—compensation—as—determined—by—the
is undertaken the ENGINEER will assist the OWNER DARASION—for—all—-work—perfermed—_te—the
or his authorized agent in providing the DIVISION satisfaction-ofthe DIVISION and the OWNER,
with clear documentation certifying that the purchases and-pursuant to this AGREEMENT _y-order
of land have been secured to provide for Jocation of thatthe ENGEINEER—sheall receive payment

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 High- together with-all_ethermaterials—and_data-pre-
way Department regarding location of the treatment pared-in-connectionsrith the PROJECT shall be
works and other project related facilities within rights- transmitted tothe OWNER in 2 form acceptable
of-way and other lands under its jurisdiction. te-the OWNER-and DIBASION.

G. The ENGINEER also agrees to provide in active Vv. OWNER’S Terms and Conditions
residence and full or part time control at the site of the

proposed construction a DIVISION approved RPR Exhibit B - City of Nashua Professional Services
fegistered—civil-engineer-and DISION approved General Terms and Conditions is hereby incorporated
inspectors-Culiiime-or- parttime} as needed with the by reference as if fully set forth herein.

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

TBD
(Name and Address)

lesoribine- 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 ts 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.

Construction Phase Engineering

03/14/19

ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

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:
WRIGHT-PIERCE
By:

(Authorized Representative*)
Date:

OWNER:
CITY OF NASHUA
By:

(Authorized Representative*)
Date:

APPROVED: **

DEPARTMENT OF ENVIRONMENTAL SERVICES
Water Division

By:
(Authorized Representative)
Date:
* Signatures should be supported by appropriate document.
*% Itis agreed that as an act in furtherance of its statutory authority to

approve engineering agreements for treatment works, the DIVI-
SION's approval does not impose any contractual obligation or
liability on the State of New Hampshire, the Department of Environ-
mental Services or the Division.

Construction Phase Engineering

Page 6 of 6

03/14/19

WRIG rT- Py a RC E panacea WATER ~ WASTEWATER ~ STORMWATER ~ INFRASTRUCTURE

Engineering a Better Environment

WRIGHT-PIERCE
CERTIFICATE OF VOTE
I, Walter J. Flanagan III, hereby certify that I am the duly elected Clerk of Wright-Pierce.

I certify that the following is a true copy of a vote taken at a meeting of the board of directors of the
corporation, duly called and held on April 11, 2018, at which a quorum of the board was present and
voting.

VOTED:

That any one or all of the following officers of Wright-Pierce, on behalf of the corporation, are
authorized to execute all Wright-Pierce contracts, both service agreements and general contractual
obligations:

John W. Braccio, President

Paul F. Birkel, Vice President
Richard N. Davee, Vice President
Jonathan C. Edgerton, Vice President
Walter J. Flanagan II, Vice President
Michael D. Giggey, Vice President
Jeffrey P. Musich, Vice President
John R. Nelson, Vice President
Christopher N. Pierce, Vice President
Steven C. Hallowell, Vice President

[hereby certify that said vote has not been amended or repealed and remains in full force and effect.
Attest:

cp a

Walter J. Flandgan TEL, Crk >

Seal

Date: /e/¢ of 21 g
Recognized for Engineering Excellence ~ Selected for Service & Value 250 Commercial Street — Suite 4014
www.wright-pierce.com Manchester, NH 03101

Phone: 603.606.4420 | Fax: 603.218.6082

EXHIBIT: FEE SCHEDULE
F T FOR SU DER THE STATE
REVOLVING FUND PROGRAM Form DES 3/96
PART | - GENERAL

1. APPLICANT - 2. GRANT/LOAN NO.
of Nashua RF

. NAME OF CONTRACTOR OR SUBCONTRACTOR - 4, DATE OF PROPOSAL

5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR ( Include ZIP 6. TYPE OF SERVICE TO BE FURNISHED
Commercial Way, Suite 302, Portsmouth, NH 03801 Nashua Wastewater Pump Station Upgrades -
Construction Administration, Resident
Services, O&M Manual, Record Drawings, and

PART Il - COST SUMMARY

RLY | MATED

7. DIRECT LABOR labor HOURS RATE COST
00
. 770.00
echnical Advisor/Sr. . .00
Lead 002.00
E ,628.00
Sr. - Civil 10.00
Architect .00
Sr. - Structural 136.00
- Mechanical .00
Sr. - Instrument. . . 12,064.00
Sr. - Electrical . 10,304.00
CADD 48.00
in. Assistant 320.00
Resident 7,908.00

DIRECT LABOR TOTAL:

ESTIMATED

. INDIRECT COSTS indirect cost RATE x BASE = COST
167.97% 132,084.00 1,861.49

INDIRECT COSTS TOTAL:
9. OTHER DIRECT COSTS

TRAVEL TED

COST
1) TRANSPORTATION 810.15 10.15
2) Resident Services - Ti allowance 13,159.73 13,159.73
TRAVEL COSTS TOTAL: 17,969.88
b. EQUIPMENT, MATERIALS, SUPPLIES MATED

cat COST COST
etc. $2,590.08 590.08

EQUIPMENT SUBTOTAL : .08
SUBCONTRACTS MATED
COST
Material T: .00
Resident Services .00
.00
SUBCONTRACTS SUBTOTAL : .00
OTHER (Specify categories) ESTIMATED
COST
Resident

OTHER SUBTOTAL :
OTHER DIRECT COSTS TOTAL : 560
. TOTAL ESTIMATED COST $374,505
PROFIT 395
. TOTAL PRICE $409,900.00