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submitted by early October, 2019. A Final Plans, Specifications & Estimate package shal!
be submitted to NHDOT by November 15. 7019.

3. Bidding Services ~ Bidding packets will be prepared and posied through the City’s
Purchasing Department in January of 2020, Upon receiving submitted construction bids,
the engineering firm will tabulate the bids and review the submitted bonding information
from vach to ensure sufficient bonding is in place. The tabulated information will be seni
to the City and NHDOT for review prior to awarding the construciian contract.
Attendance at a prebid meeting, including providing the agenda, preparation of addenda,
as necessary, and recommendation ef award will also be required.

A fourth phase of work may be avaiable to the selected enginecring firrn. ft will involve
construction administration, inspection and oversight. NHDOT requires almast full time
inspection (a minimum of 32 hours per week) throughoui the entire construction phuse. An
entirely separate scope and fee agreement will be developed for this portion of cngincering
work during the “Final Plans” phase.

The lead individual from the engineering firm shal! be the professional civil enuineer of
record for the project. This individual will be licensed to practice in New Harapshire and
will have full NH DOT LPA certification.

All reports, plans, photos, maps, data and electronic files shall become the property of the City of
Nashua.

RFQ Process

The RFQ process for engineering services is a two-step process. The first step, which is achieved
by way of this request, ts a brief statement from each engineering firm that addresses the

following:

al a staff shall] be identified and their roles described.

e The lead civil engineer and L.PA Certified project manager will be identified.

2 A discussion of the availability of key staff members to fulfill their oblipations
throughout the term of this work effort will be provided.

e® {deniification of key staff members is considered 4 commitment to assign these
individuals should the Consultant be selected. No key staff member will be reassigned
without written approval by the City.

RFOQO276-041919 Heritage Rail Trail East | Page 6

The Consultant’s Project Approach will be described in sufficient detail to demonstrate
knowledge of the steps needed to successfully complete the described engineering of the project

in the allotted time.

The Project Approach will also include any recommendations the Consultant may have that

could improve the overall process.

Relevant baperience
A description of relevant experience that demonstrates proven experience in design, permitting

and construction administration on similar assignments will be provided, with emphasis on LP.A
project management and compliance experience.

References

Three references wil be provided who are familiar with the Consultant's relevant experience and

expertise,

Staff Resumes
Resumes will be provided tor key stat! members. Resumes shall demonstrate expericnce and
background appropriate for each individual’s assigned responsibilities.

General Submission Requirements

« Responses to this Request for Qualifications shall be submitted oa 8.5 inch by i] inch
sheets.

e Responses shall he bound.

® Pages will use one inch minimum margins and fent size shall be eleven points
imitimum).

® There is no page limit, however it ts noted that relevance and brevity shall be considered
during evaluation of the submittals.

e Three hardcopics and one digital copy shall be submitted.

As this is the second posting of this Request for Qualifications no pre-submittal conference will
be held.

fF. Documentation Avaiiable

The following documents are available for use in responding to this Request for Qualifications:

1.) Project Neighborhaod Map
2.) Rail Trail East Conceptual Plans, October 2017

pana —_ a : ae

Pape /

RFOQO?2 76-041919 Heritage Rail Trail East

3.) 2004 East Hollis Street Master Plan, prepared by Von Grossmann & Conipany. June,
2004
.) NRPC Regional Metro Transportation 2015-2046
5.) 2015 NRPC Regional Bike Ped Plan
) Standard Contract Terns for Professional Services Contracis- City of Nashua

fs. Selection Process

Upon receipt of qualifications submissions, the City of Nashua’s selection cominitiee will review

the responses based on the following criteria:

Selection Criteria
The following criteria will be used in rating responses to this Request for Qualifications:

1.) Strong relevant urban trail enginecring design cxpertise.

Proven experience in conipleting similar projects.

th

3.) Strong background experience on NHDOT LPA projects which demonstrates detailed
knowledge of NHDOT/FIEWA standards and standard procedures.

4.) A strong project approach that demonstrates knowledge needed as well as the
commitment to successtully complete the scope of work.

The selection committee may invite up to three respondents to interview with the commistce,

{fan interview process is chosen, participants in the interview process will he rated and the top
rated firm will be asked to prepare a detailed Scope of Work and a Cost Proposal. as the second
step in the selection process. [fan interview process is not utilized, the top rated firm will be
asked to prepare a detailed Scope of Work and a Cost Proposal. Il is expected that the top rated
firm will prepare these tlems tn a timely manner and be responsive in addressing subsequent

questions und comments.

The Scope of Work and Cost Proposal shall be reviewed and negotiations undertaken with the
goal of determining a mutually agreeable Not-To-Exceed fee to perform the Scope of Work as a
cost plus fixed fee contract. Should the City determine that an agreement cannot be reached, the
next highest rated respondent will be contacted and a cost proposal requested.

Should the City decide to terminate negotiations with a respondent, the decision will be final and
negotiations with that respondent will not recommence tor work under this request,

ra as a - aaa

RFQO275-041919 Heritage Rail Trail East “Page 2

The City hereby notifies all proposers that it will affirmatively casure that in any contract entered
into pursuant to this advertisernent, disadvantaged business enterprises will be afforded fuil
opportunity to submit proposals in response io this iavitation and will not be discriminated
against on the grounds of race, color, national origin, sex, age, or disability in consideration for

an award
H. General Requirements

1. The successiul consultant will be required to provide the City of Nashua with certificates
of insurance for coverage us listed below and endorsements effecting coverage required
by the contract within ten calendar days after the City issues the notice of award. The
City requires thirty days written notice of cancellation or material change in coverage.
The certificate and endorsements for cach insurance policy must be signed by a person
authorized by the insurer and who is licensed by the State of New Hampshire. General
Liability, Employer's Liability and Auto Liability policies must name the City of Nashua
as an additional insured and reflect on the certificate of insurance:

a. General Liability insurance in the amount of $1,000,000 per occurrence:
$2,000.000 aggregate: $1,006,000 Professional Liahifity:

bh. $1,000,000 Combined Single Limit Automobile Liability, and
Workers’ Compensation Coverage in compliance with the Stare of New
Hampshire statutes, $100,000'$500, 000/85 100.000,

fo

The Proposer shall meet all requirements of the Americans with Disabilities Act.

3. The Proposer should understand that under the New Hampshire Right-to-Know Law, all
documents submitted in response to this RFP. including financial infarmation. are
considered public information and will be made available io the public upon requesi,
unless specifically exempted under thie law.

4. The City of Nashua may reject any and all responses on any basis and without disclosure
of a reason. ‘The failure to make such a disclosure shali not result in accrual of any right,
claim, or cause of action by any unsuccessful proposer against the City of Nashua.

5. The City of Nashua assumes no liability for the payment of costs and expenses incurred
by any consultant in responding to this RFQ. All responses become sole property of the
City of Nashua. This RFQ is not a contract and shall not be interpreted as such but rather
serves as an instrument through which qualifications are solicited.

RFQO276-041919 Heritage Rail Trail Last Page 9

G. Centact information

Questions regarding this Request tor Qualifications should be addressed ta Sarah Marchant,
Community Development Division Director at (603) 589-3095 or marchwus@nashuanh.eov AL
questions must be received prior to 3:00 P.M. Monday, April 1, 2019.

RFQ0276-041919 Heritage Rail Trail Fast Page 10

CONTRACT FOR PROFESSIONAL SERVICES

HERITAGE RAIL TRAIL EAST
CONGESTION MITIGATION AND AIR QUALITY PROJECT #41742

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

CMA Engineers, Inc.
and its successors, transferees and assignees
NAME AND TITLE OF SERVICE PROVIDER

1 SUNDIAL AVENUE, SUITE 510N, MANCHESTER, NH 03103
ADDRESS OF SERVICE PROVIDER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Service Provider ; and

WHEREAS, it is deemed that the services of a Service Provider herein specified are both necessary
and desirable and in the best interests of the City of Nashua; and

WHEREAS, Service Provider 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--RFQ0276-041919
Exhibit C--Scope of Services, Project Schedule, and Fee Proposal

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.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Service Provider 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.

AG 1 of 3

3. PERIOD OF PERFORMANCE. Service Provider shall perform and complete all work by April 2020
which date 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. Service Provider shall begin performance
upon receipt of an Executed Contract and a valid Purchase Order issued from the City of Nashua.

4, COMPENSATION. Service Provider agrees to perform the work for a total cost not to exceed
One Hundred Sixty Six Thousand, Three Hundred and Ninety Eight Dollars ($166,398)

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Service Provider has received a written exemption from the City of Nashua, Service Provider 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 Service
Provider’s right to payment as the City of Nashua may reasonably require. Service Provider 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 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.

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, Service Provider 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 Service Provider. The City of Nashua
will pay Service Provider 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.

AG 2 of 3

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
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: REPRESENTATIVE:

Sarah Marchant Jason J. Beaudet, P.E.
Director, Community Development Division Project Manager

City Hall CMA Engineers, Inc.

229 Main Street, PO Box 2019 1 Sundial Avenue, Suite 510N
Nashua, NH 03060 Manchester, NH 03103

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 Service Provider may change the address or representative by giving written notice
to the other party.

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 Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 3

IA YM FY YN

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

SERVICE PROVIDER 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, "Service Provider”, and its successors,
transferees and assignees (together “Service Provider’) includes any of the Service Provider's
consultants, sub consultants, contractors, and subcontractors

SERVICE PROVIDER STATUS The parties agree that Service Provider shall have the status of and
shall perform all work under this contract as a Service Provider, 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 Service Provider, and nothing in this
contract shall create any contractual relationship between the City of Nashua and Service
Provider's consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Service Provider 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 Service Provider 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 Service Provider shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Service Provider 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 Service Provider 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,
Service Provider 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 Service Provider'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 Service
Provider shall not in any way relieve Service Provider 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 Service Provider'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 Service Provider
shall be and remain liable in accordance with the terms of the contract and applicable law.

Service Provider 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 Service
Provider to perform work under this contract. Approved key personnel shall not be taken off of
the project by Service Provider without the prior written approval of the City of Nashua, except in
the event of termination of employment. Service Provider 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.

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 Service
Provider, and any other communication about the contract shall be addressed or be delivered to
the City of Nashua Representative.

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