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CSO Long-Term Control Plan Update/Integrated Plan

Task 11 — Draft and Final Report

A Draft Report (LTCP/IP Update) will be prepared, including all text, graphs, tables, analyses, and
encompassing the body of work contained in all tasks herein. Comments received on the draft
report will be incorporated into a final version.

August 2019 Page 7 of 7

ENGINEERING REPORT PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITYFOWN 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 Hazen and Sawyer, hereinafter called the ENGINEER.

WITNESSETH:

WHEREAS, the OWNER intends to examine the need, alternatives and cost of constructing
Treatment Works including
City of Nashua’s CSO Long-Term Control to be updated_and projects identified to reduce or eliminate
CSO’s under a “Phase 2” CSO program. In addition, currently the City is also is subject to the 2017 New
Hampshire Small MS4 General Permit that allows stormwater drain pipes to discharge to local
waterways. The EPA allows municipalities like Nashua with multiple permits to use an integrated
planning approach to prioritize and schedule wastewater and stormwater projects based_on the financial
capability. This study will develop recommend projects to comply with the EPA’s CSO Policy
requirement for LTCP development, and development_of an Integrated Plan consistent with EPA
guidance and CWA requirements, meeting the goal of improved water quality that is affordable and

practical.

hereinafter called the PROJECT, and

WHEREAS, professional sanitary engineering services are required to prepare an engineering
report, 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 retains 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:

Hazen CSO Long Term Control Plan Update Contract.docx 02/08/06

PETITION
FOR
STREET ACCEPTANCE

TO THE HONORABLE BOARD OF ALDERMEN OF THE CITY OF NASHUA:

Pursuant to the Nashua Revised Ordinances, Chapter 285, Article III, Sections 21-22, the
undersigned requests that the following described portion of: Tamora Court

be accepted for public use and maintenance:

REV 08/13

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

“Deploy”, "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).

"Fee" means the fee set forth in the Quotation.

“Maintenance” means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.

“Master Agreement” means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https:/Avww.esri.com/en-
us/legal/terms/tull-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.

"Product(s)” means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.

“Quotation” means the offer letter and quotation
provided separately to Customer.

"Technical Support” means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.

“Tier 1 Help Desk” means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).

“Tier 1 Support” means the Technical Support
provided by the Tier 1 Help Desk.

“Tier 2 Support” means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

Page 3 of 6

August 31, 2021

i.

Ii.

Services to be performed by the ENGINEER

A. The ENGINEER agrees to produce a complete
and definitive Engineering Report to meet current
division requirements and to perform any and all
engineering incidental thereto. The detailed scope of
the work is as outlined in the attached Exhibit A
“Scope_of Work, CSO Long Term Control Plan

Update/ Integrated Plan”.

C. Furnish TBD copies of the Engineering
Report to the OWNER. Additional copies to be avail-
able at cost.

E. Provide the OWNER with one copy of design
calculations, work sheets, field notes, estimates and
other data generated in preparing the Engineering Re-
port in a form satisfactory to the OWNER.

The OWNER'S Responsibilities

A. 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.

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.

Time of Completion

A. The ENGINEER agrees that he will submit to e
OWNER a draft report no later than TBD and that a
final report will be submitted within TBD_ days
following approval of the draft report by OWNER.

B. It is agreed by the parties to this contract that
failure by the ENGINEER to complete the work
within the time stipulated under IIT, A, above may be
considered sufficient basis for the debarment of the

Hazen CSO Long Term Control Plan Update Contract.docx

IV.

Vv.

ENGINEER from the DIVISION'S Roster of Preq-
ualified Engineers as provided for under New Hamp-
shire Code of Administrative Rules Env-Wq 603.08,
or the Assessment of liquidated damages as provided
for under RSA 485-A: 4, XT.

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:

Monthly billing based on hours and rates
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

FOUR HUNDRED EIGHTY-SEVEN THOUSAND
SEVEN HUNDRED SIXTY DOLLARS

($___487.760.00 )s

and the ENGINEER agrees that the work pro-
posed is sufficient to satisfactorily complete the
study and that the monies to be paid are ade-
quate. The attached fee schedule with labor
category, hours, hourly rate, markup, incidental
expenses, and fees for special services, shall be
the basis for billing for engineering services.

a. The ENGINEER agrees that prior
to submitting the report to the DIVISION
for formal approval he shall make revi-
sions in the report as recommended by
the DIVISION and agreed to by the
ENGINEER without additional com-
pensation. After formal approval if it be-
comes necessary to update the report for
reasons beyond the contro! of the ENGI-
NEER, payment for such revision or revi-
sions shall be made to

the ENGINEER on a basis to be ne-
gotiated with the DIVISION.

Additional Covenants

A. The ENGINEER agrees to assign in active
charge of this PROJECT for the life of the con-
tract 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 Regulations for the
Prequalification of Consulting Engineers.” The

02/08/06

B. Project Engineer shall be*

Charles Wilson

Hazen and Sawyer

* See appended resume describing the candidate's qualifica-
tions for the assignment.

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 ENGINEER to abide by the
above covenant is agreed to be sufficient basis for de-
barment of the ENGINEER from the DIVISION'S
Roster of Prequalified Consulting Engineers as pro-
vided for under New Hampshire Code of Administra~
tive Rules Env-Wq 603.08.

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 of 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 fail-
ures 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 compensa-

IN WITNESS WHEREOPF, the parties hereto have affixed

tion 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 result 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 and shall be transmitted to the OWNER in clean
and orderly condition on demand; however, these may
be left in the possession of the ENGINEER at the
OWNER'S discretion.

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

OWNER’S Terms and Conditions
Exhibit B City of Nashua Professional Services -
General Terms and Conditions are hereby

incorporated by reference as if fully set forth
herein.

their hand and seals at Hillsborough County, New Hampshire, the day, month, and year first above written.

ENGINEER: APPROVED: **
DEPARTMENT OF ENVIRONMENTAL SERVICES
B Water Division
ry
(Authorized Representative*) By:
Date: (Authorized Representative)
Date:
OWNER:
* Signatures should be supported by appropriate document.
ee ft is agreed that as an act in furtherance of its statutory authority
to approve engineering agreements for treatment works, the
By: DIVISION's approval does not impose any contractual obligation

(Authorized Representative*)

Date:

Hazen CSO Long Term Control Plan Update Contract.docx

or liability on the State of New Hampshire, the Department of
Environmental Services or the Division.

02/08/06

CERTIFICATION OF VOTE

At a meeting of the Partners/Directors of Hazen and Sawyer, P.C. held on LY i Les eer/, &
* a

at which all the Partners/Directors were present, except n/a

it was
VOTES: That all contracts may be signed by any one of the following:

Officers of the Firm, including Chairman of the Board, the President and all Vice Presidents.

A true copy
Attest: Richard E. Peters

Place of Business: 498 Seventh Avenue. 11" Floor, New York, NY 10018

Date: sss ¥Y/ 9/09

[hereby certify that [ am the Clerk/Secretary of Hazen and Sawyer, P.C. and that the above vote

has not been amended or rescinded and remains in full force and effect as of this

Date: “y by / 7

¥ . e
Glerk/Secretary

COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER NH SAG & SRF Form Approved.
DES 02/06
PART I- GENERAL

1. GRANTEE / LOANEE 2. GRANT/LOAN NO.
CITY OF NASHUA, NH

3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL
HAZEN & SAWYER
5, ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP) 6. TYPE OF SERVICE TO BE FURNISHED
1750 ELM STREET, SUITE 402, MANCHES NH 03101 Professional Engineering Services
PART Il - COST SUMMARY

HOURLY ESTIMATED
7. DIRECT LABOR labor HOURS RATE COST TOTALS

ject Director 100 $77.23 $7,723
Project 422 $65.09 $27,468
Project Engineer 1110 $33.03 $36,663
Assistant Engi 336 $30.00 $10,080
IP Lead 186 $87.94 $16,357
R Lead 72 $62.74 $4,517
FCA Lead 194 $81.63 $15,836
Modeling Lead . 410 $55.68 $22,829
Cost Estimator 56 $60.10 $3,366

DIRECT LABOR TOTAL:

ESTIMATED
8. INDIRECT COSTS ify indirect cost ls X BASE= COST

$144,839
INDIRECT COSTS TOTAL: $257,234

9. OTHER DIRECT COSTS
a. TRAVEL ESTIMATED
COST
(1) TRANSPORTATION $3,970
2) PER DIEM
TRAVEL COSTS TOTAL:

b. EQUIPMENT, MATERIALS, SUPPLIES ESTIMATED
COST

7 Flow Meters , 12 Weeks $41,510

EQUIPMENT SUBTOTAL:

SUBCONTRACTS ESTIMATED
COST

SUBCONTRACTS SUBTOTAL:

d. OTHER (Specify categories) ESTIMATED
COST

OTHER SUBTOTAL:
e. OTHER DIRECT COSTS TOTAL: $45,480
10. TOTAL ESTIMATED COST $447
11. PROFIT $40
12. TOTAL PRICE $487,760

Page | of 3

PART LI - PRICE SUMMARY

COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PROPOSED
basis for price n PRICE PRICE

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, 0&M MANUAL, ADMINISTRATION, INSPECTION, RECORD DWGS, START-UP, SPECIAL

SERVICES, ETC.

Work category

Characterization | Alternatives | Integrated Pian Financial Permit Regulatory
Project Existing Info of Existing Analysis Framework Capability Requirement
Manage Data Review Conditions Analysis Assessment

Project Director 40 16 4

Project Manager 40 4
Project Engineer

Assistant Engineer

IP Lead

Regulatory Lead

FCA Lead

Modeling Lead

Cost Estimator

Page 2 of 3

Work category Scenario
wo Project ID and Modeling & | Draftand Total
Ranking Implem Plan | Final Report Hours Rate Cost
Project Director 40 100 $77.23 $7,723
Project Manager 8 8 120 422 $65.09 $27,468
Project Engineer 40 80 400 1110 $33.03 $36,663
Assistant Engineer 120 336 $30.00 $10,080
IP Lead 40 40 80 186 $87.94 $16,357
Regulatory Lead 16 72 $62.74 $4,517
FCA Lead 32 194 $81.63 $15,836
Modeling Lead 40 410 $55.68 $22,829
Cost Estimator 32 56 $60.10 $3,366

Page 3 of 3