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| THE CITY OF NASHUA “The Cate City"

Financial Services

Purchasing Department

October 10, 2019
Memo #20-042

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR TRANSIT
CENTER REHAB (VALUE $125,135)
DEPARTMENT: 186 TRANSPORTATION; FUND: FTA GRANT

Please see attached communication from Sarah Marchant, Community Development Division Director to
Mayor Jim Donchess, dated October 7, 2019 for information related to this contract award.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Community Development Director and the Purchasing Department recommend the award of this
contract to Greenman-Pedersen, Inc. of Wilmington, MA in an amount of $125,135.

R Spo,
Dan Kéoken

Purchasing Manager

Cc: S. Marchant J. Graziano

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

s Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

‘ oe Building Safety 589-3080
Community Development Division Code Enforcement 389-3100
City Hall, 229 Main Street, PO Box 2019 Cee gas amiesion oao eine
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www. nashuanh.gov FAX 589-3419

Date: October 7, 2019
To: Jim Donchess, Mayor
From: Sarah Marchant, Community Development Director

Re: Finance Committee — Professional Engineering Services Transit Center Rehab

In 2018 the Nashua Transit System (NTS) was awarded a 1.3 million dollar 5339 competitive grant
from the Federal Transportation Administration (FTA) to purchase on last CNG bus (complete) and
approximately $720,000 towards the rehabilitation of the Transit Center and its surrounding
infrastructure. The Transit Center currently presents a number of infrastructure and safety concerns
from the deteriorating drainage and pavement, to ice and snow from the roof to insufficient
bathroom facilities. Matching funding includes a 7.5% match ($71,800) from the State of NH
{accepted in R-18-091) and 7.5 % matching ($71,800) budgeted funds in the Transportation
Department.

On March 4, 2019 the City of Nashua released an RFQ for the Transit Center Retrofit Project. On
Apmnil 24, 2019 two submittals were received from CMA Engineers and Greenman-Pedersen, Inc.
(GPD & Samyn D’Elia Architects. The qualifications for Engineering and Architectural Services
were reviewed by a team of staff from the Community Development Division and Division of
Public Works. GPI received the highest score, staff performed reference checks and determined
that they were a responsive and responsible firm.

City of Nashua staff began negotiations with GPI staff in June. On June 25" both City and GPI
staff met to further discuss scoping the project, whereupon it was decided to split the engineering
and architecture work into 2 phases. Phase 1 would involve detailed planning and project design in
order to provide the City with a more accurate cost for Phase 2 focused on detailed engineering,
project costs and construction documents. Given the project budget and rising construction costs
GPI wants to design a project that can be constructed within our budget. Phasing the project is the
best solution to achieve the desired goal. Based on a scope and fee process, the Phase 1 contract was
agreed upon for fee of $17,959.66 (see attached Scope).

Through further refinement of infrastructure improvements and building repairs we are now ready
to enter into a Phase 2 contract.

Based on a Scope and Fee negotiations for the Phase II contract, Community Development and
Nashua Transit System recommend entering into contract for $125,134.54 with GPI& Samyn
D’Elia Architects for final design and engineering of this project. Once final design and engineering
are complete, the project will go out to bid for construction. The goal is to start construction, in
phases, before the end of 2020.

Engineering | Design | Planning | Gonsiruction Management

Nashua Transit Center Retrofit
Nashua, NH

INITIAL PROJECT SCOPING TASK DESCRIPTON

Prior to the commencement of any other work, the Consultant will meet with the City to review the
current and proposed layout of the site and building of the Transit Center. From this meeting, a specific
program will be developed consisting of all changes discussed. These changes will be incorporated
into a conceptual plan for the Transit Center and a detailed cost estimate will be developed for the
City’s review. The conceptual plan will include improvements to the Transit Center site, building,
and platform roof canopy. It is assumed that the plan will be developed using information currently
available, including but not limited to aerial imagery, GIS information, record drawings, and base
mapping previously prepared by the City.

The Consultant will meet with the City to review the conceptual plan and associated detailed cost
estimate and discuss the project budget for construction of these improvements, including engineering,
architectural and construction services.

This phase of the project will establish the scope of work for the remainder of the project.
Meetings and Deliverables:
The hours allocated to this task anticipate the following deliverables and meetings:

e Meeting #1: Site Design Meeting. GPI and SDA will observe the site and meet with the
City’s design team to identify a preferred direction on the building and site improvements.

« Site and Building Conceptual Plan. GPI will develop a conceptual site plan identifying site
improvements and SDA will develop a description of building improvements with materials
and quantities for costing.

e Cost Estimate. A detailed cost estimate will be developed based on the conceptual plan for
the site and building.

® Meeting #2: Cost Estimate Review Meeting. GPi and SDA will meet with the City’s design
team to review the costs and identify a preferred direction on the building and site
improvements. This will form the basis of the scope for the design phase of work.

e Conceptual Plan Revision. The conceptual plan will be revised, as necessary, to respond to
the cost estimate and the project funding.

Greenman-Pedersen, Inc. 181 Ballardvale Street, Suite 202 Wilmington, MA 01887 p 978-570-2999
An Equal Opportunity Employer

Sircenmanedcren, te.

AVERAGE CLASSIFICATION RATES,

Attachment C

City of Nashua
October 9, 2019

Transit Center Retrofit Project

Greenman-Pedersen, ne.

Projact
Manager

Englneorf
LA

Enginoor/ | Enginaar/

LA

Englnear f
LA

Project

Techniclan Architect

Cost
Estimator

TOTAL

HOURS 7 TOTAL COST

$ 78.00 § o7.00 $5 §3.50 $3 38.50 § 34.50 5 29.50 § 28.50 § 64.32 § 50.42 § 5042 § 38,25 $ 26,08
Direct Labor Totals: S 1,170.00 $ 6,783.00 $ 572450 3S 7,161.00 S$ 5,175.00 $ 4,425.00 $§ 664.06 5 128640 $ 2.62100 $ 277310 § 244.25 § - s 8,047.26
Overhead Tolals; $ 1,583.32 $ 10,053.19 $ 8243.62 $ 1156388 $ 8356.59 $ 7.14549 $ 1.10452 $ 2.07728 $ 407091 5 447800 5$ $65.80 $ . $ 61,498.70
Fee Totals: $ 305.63 3 177362 5 149684 $ 87245 $ 1,955.16 $ 1,157.05 $ 178.85 $ 36.47 § 659.19 5 725.11 § for § . s 9,848.59
Direct Bx : $ 15,700.00
— = mare _ —_ —
Project Tote: $ 3,965.25 $ 19,509.91 $ 10,465.26 5 2059704 $ 14,684.75 $ 12,727.54 5 180738 5 9,700.05 $ 7,251.10 $ 7,976.21 § 900.18 § - S$ 425,134.54
Overhead Rate: = 104.48%
Fee: 10%
Direct Exponses:
Travel 3 370.00
Other Mise 3 330.00
Subconsuilants Geotech 5 15,000.00
$ 15,700.00
GRANDTOTAL $ 125,134.54

CONTRACT FOR PROFESSIONAL SERVICES

NASHUA TRANSIT CENTER RETROFIT

A CONTRACT BETWEEN

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

GREENMAN-PEDERSEN, INC.

NAME AND TITLE OF SERVICE PROVIDER

GREENMAN-PEDERSEN, INC. 181 BALLARDVALE STREET, SUITE 202 WILMINGTON, MA 01887

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--Scope of Services

Exhibit C--Fee Schedule

Exhibit D--FTA Clauses

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

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carry out and perform in accordance with the terms and conditions of the contract the work described.

3. PERIOD OF PERFORMANCE. Service Provider shall perform and complete all work by October 31,
2020 which date shall 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

Amount ($125,134.54).

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 donot 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.

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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:

Camille Pattison Timothy Letton

Nashua Transit System Greenman-Pedersen, Inc

11 Riverside Street 181 Ballardvale Street, Suite 202
Nashua, NH 03062 Wilmington, MA 01887

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 WHERECF, 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, Mayer
(Printed Name and Title) (Printed Name and Title)

Date Date

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Contractor’s Price List

Continental Paving — Londonderry - Quarry
&

Litchfield Sand & Gravel — Litchfield - Quarry

Prices subject to change without notice Prices Effective: April 1, 2020
Product Per Ton F.O.B.
1%” Crushed Stone (washed septic stone) $10.40
%” Crushed Stone $10.40
’%” Crushed Stone $10.40
3/8” Crushed Stone $11.10
3” to 4” Erosion Stone $ 9.50
6” Erosion Stone $ 9.50
Rip-Rap Stone $ 9.00
¥,”” Crushed Gravel $ 7.50
1%” Crushed Gravel $ 7.90
2” Crushed Gravel (NH DOT 304.3) $ 7.90
2” Crushed Stone Base (NH DOT 304.4) $ 8.10
3” Crushed Stone Base $ 8.10
Bank Run Gravel (NH DOT 304.2) @ LSG $7.00 /ton at the West Rd. Pit $7.50 /ton
CPI-Pac $ 7.50
Washed Stone Sand _ (Fine) $11.00
Washed Stone Sand (Coarse) $11.00
Bankrun Sand $10.00 @ _LSG only
Screened Sand $11.00
Loam $10.85
2” RAP (reprocessed asphalt product) $ 6.50
¥%,” RAP $ 8.50

Asphalt Price - Call for pricing (changes based on current liquid asphalt cost)

Continental Drive, Londonderry Scale House # 603-437-1103
Litchfield Sand & Gravel Scale House # 603-424-6515

Truck Rental: 10 Wheeler $85.00/hr. Tri-Axle $90.00 /hr. Trailer $100.00 /hr.

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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 shail 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

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