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Scope of Services

2016 DW Highway Vehicle Detection

Project Site: © DW Highway between Poisson northerly to Graham Drive
Nashua, New Hampshire 03060

The City of Nashua is hiring a traffic signal contractor to restore vehicle detection areas along DW
Highway where damage has been done by the paving program and where the pavement condition is
bad and loops are not working.

Scope of Services:

The City of Nashua is requesting bids to install vehicle detection at the following locations along the
DW Highway:

A. DW Highway at Graham Drive
There is already video detection at this intersection for the DW Highway northbound and
southbound approaches. This contract would add video detection at the Graham Drive
approach and the Auto Dealer Drive approach. This contract would add the necessary
hardware and software such as camera processor card(s), harnesses, surge protection,
cameras, mounting hardware and video cable.

B. DW Highway at Veterans Drive
There are a total of six (6) underground loops that will be damaged by the City paving
project. There are two (2) underground loops on Veterans drive that have failed due to poor
pavement condition. There are also two underground loops at Shaw’s driveway that need to
be addressed. This contract will add 4 Iteris video cameras and associated equipment (or
equal to Iteris brand).

C. DW Highway at Circumferential “K/L ramps”
There are 7 underground loops that will be cut by the paving project work. This contract will
install video detection equipment and cameras to cover all four intersection approaches. The
cameras and associated equipment shall be Iteris brand (or equal).

D. DW Highway at Southbound “S” off ramp
There are 3 underground loops on the DW Highway southbound off ramp “S ramp”
That will be damaged by the paving project. These 3 underground loops shall be replaced
with 3 new underground loops to restore vehicle detection at the completion of the paving
project.

E. DW Highway at Autumn Leaf
There: are six underground loops along DW Highway that will be damaged by the paving
project. Iteris brand video detection (or equal) and associated hardware and equipment shall
be installed to cover all four intersection approaches.

F. DW Highway at Poisson Ave/Royal Ridge
There are 7 underground loops that will be damaged by the paving project. Iteris brand (or
equal) video detection and associated equipment shall be installed to cover all four
intersection approaches.

Scope of Services Page 1 of 1 January 28, 2016

e
ACORD
Ware

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDIYYYY}
5/26/2016

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

certificate holder in fieu of such endorsement(s).

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies} must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and canditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the

PRODUCER

THE ROWLEY AGENCY INC.
45 Constitution Avenue
P.O. Box 511

Concord NH 03302-0511

WWSURED mmo swe SSS T e es sen
Electric Light Company, Inc.

Coastal Traffic, Inc.

One Morgan Way

Cape Neddick ME 03902

Namen Susan Gilman

PRONE (603) 224-2562

FAX
(AIC, No, Ext): {AIC, Ng): (503) 224-8012
| ADDRESS: 5“ sgilman@r rowleyagency . com

E-MAIL

INSURER(S} AFFORDING GOVERAGE _

INSURERA:Travelers Prop Cas Co of Amer

INSURERB:Charter Oak Fire Ins Co 25615
INSURER C ‘Travelers Indemnity Co of CT 25666
INSURER D:

INSURER E: a

INSURER F :

COVERAGES

CERTIFICATE NUMBER:15-16 all lines

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

Covering electrical contracting operations of the insured.
general liability, auto liability and umbrella when required by written contract with named insured.

INSR ADDLISUBR POLICY EFF | POLICY EXP
LTR TYPE OF INSURANCE ins! ee POLICY NUMBER (MM/DDIYYYY} | (MMIDDIVYYY) LERITS
A | X | COMMERCIAL GENERAL LIABILITY CO66271688TIL15 12/31/2015 | 12/31/2616 | EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
} CLAIMS-MADE x OCCUR PREMISES (Ea occurrence) $ 300,000
_X | €G0001 20/2001) MED EXP (Any one person} $ 10,000
Po PERSONAL &AOVINJURY 1 2,000,000
| GEN. AGGREGATE Lina APPLIES PER: GENERAL AGGREGATE _ $ _ 2,000,000
|__| POLICY [x] 58 SECT J Loc PRODUCTS - COMP/OP AGG | & 2,000,000
OTHER: Employee Benefits $ 1,000,900
Bp | AUTOMOBILE LIABILITY "| 81066271 756COF15 12/33/2015 | 12/31/2016 | GOMBINED SINGLELIMIT Ig 1,000,000
X | any auto i BODILY INJURY (Per person) | $
ALL OWNED Sotee BODILY INJURY (Per accident)} $
xX _ X | NON-OWNED PROPERTY DAMAGE $
| * | HIRED AUTOS AUTOS {Per accident)
| I Medical payments $ .

A x UMBRELLA LIAB | * | OCCUR CUP6G881269TILIS 12/31/2015 | 12/31/2016! EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
peo | X | RETENTIONS 10,000 $

C |WORKERS COMPEKSATION UB6G271812TCTI5S 42/32/2015|12/31/2016| ¥ | PER OTH-

AND EMPLOYERS' LIABILITY YIN (33/ (suf | starure |__| ee

ANY PROPRIETORIPARTNER/EXECUTIVE [ 3A States: CT MA ME NH VT E.L. EACH ACCIDENT $ 500,000

OFFICER/MEMBER EXCLUDED? [NO NTA

(Mandatory in NH) — E.L, DISEASE - EA EMPLOYER $ 500,000

ff yes, describe under

DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | & 500,006
A | Leased/Rented Equipment CO6G271688TILIS 12/31/2015 | 12/31/2016} Limit of Liability 100,000

installation Floater Limit of Liability 200,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

City of Nashua is an additional insured on

GERTIFICATE HOLDER

CANCELLATION

City of Nashua
229 Main Street
Nashua, NH 03060

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

Susan Gilman/SJG Ke eaem/ Dr hran)

ACORD 25 (2014/01)
INSO25 2014015

© 1988-2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

| THE CITY OF NASHUA “the Gate City”

Financial Services

Purchasing Department

July 28, 2016
Memo #1 7-022

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: NWTF AIR HANDLER REPLACEMENT PROJECT (VALUE: $67,093)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
ACTIVITY: CONTROL BUILDING HVAC UPGRADES

Please see the attached communication from David Simmons, Wastewater Department Superintendent
dated July 26, 2016 for the information related to this purchase.

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 Wastewater Department Superintendent, Board of Public Works (July 26, 2016 meeting) and the

Purchasing Department recommend the award of this contract in an amount of $67,093 to Wright Pierce
of Topsham, ME.

Res, ectfully, .

‘Dan Kooken
Purchasing Manager

Ce: D Simmons L Fauteux

229 Main Street ¢ Nashua, New Hampshire 03061 * Phone (603) 589-3330 » Fax (603) 589-3344

To:

From:

Re:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: July 26, 2016

David A. Simmons, Superintendent
Wastewater Department

NWTF Air Handler Replace Project

D. Motion: To approve the design phase services for the Air Handler Upgrades project to

Attachments:

Discussion:

Wright Pierce of Topsham, ME in the amount not to exceed $67,093. Funding
will be through: Department: 169 Wastewater; Activity: Control Building
HVAC Upgrades.

Wright Pierce Scope of Work and Fee.

The Wastewater Treatment Facility (WWTF) has air handling units designed
to bring fresh air in from outside and either heat the air (during winter) or cool
it (during warm conditions) depending on location. Most of these units were
installed during the 1972 or 1988 plant upgrades. Although maintenance and
repairs have occurred over the years, some units have failed beyond repair.
This project proposes to replace 4 units, 2 in the contro] building that provide
both heating and cooling and one in each of the sludge processing and grit
buildings. In addition, the design will include a new air conditioning unit for
the 1* floor office in the control building that houses the computer server.
Currently an inside portable AC unit is being used to cool that office until a
permanent installation is made.

A request for qualifications (RFQ) was sent to 6 consultants. Two of the
consultants expressed an interest in the project and were interviewed. A
committee picked Wright Pierce as the consultant for this project, based on
their better experience and familiarity with the NWTF.

The project will have various phases during the design beginning with a
preliminary design report (PDR), which will be completed within 30 days of a
signed contract. Next is the 65% design completion which will be completed
within 25 of the PDR. Next is the 90% design which will be completed within
25 days from the 65% design. Construction documents will be ready in seven
days following acceptance of the 90% design. Overall, Wright Pierce should
have construction documents ready in about 3 months following a signed
contract.

Wright Pierce is ready to begin this project and has developed an accelerated
schedule for having bid documents completed in a timely manner. They have
completed numerous HVAC projects in many wastewater plants including
some at the NWTF during past upgrades and are well qualified for this work.

CONTRACT FOR PROFESSIONAL SERVICES

AIR HANDLING UNIT UPGRADES PROJECT
RFQ0265-052416

A CONTRACT BETWEEN

THE ClTY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

WRIGHT-PIERCE
and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER

230 COMMERCE WAY, PORTSMOUTH, NH 03801
ADDRESS OF PROFESSIONAL ENGINEER

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

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

WHEREAS, Professional Engineer 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

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.

AG 1 of3

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer 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.

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work within the time
periods set forth and may only be altered by the parties by a written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Professional Engineer shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

4. COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to exceed
Sixty-Seven Thousand Ninety-Three and 00/100 Dollars ($ 67,093.00)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of Exhibit
B or unless Professional Engineer has received a written exemption from the City of Nashua. Professional
Engineer shall submit monthly requests for payment for services performed under this agreement directly to

City of Nashua

Attn: Accounts Payable

PO Box 2019

Nashua, NH 03061-2019
Atten: William Keating, P.E.

To facilitate the proper and timely payment of applications, the City of Nashua requires that all
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, Professional Engineer 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 Professional Engineer. The City of
Nashua will pay Professional Engineer 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.

5, EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved by
the City of Nashua.

AG 2 of 3

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:

William Keating, P.E. Jeffrey R. Pinnette, P.E.
Wastewater Treatment Facility Wright-Pierce

2 Sawmill Road 230 Commerce Way, Suite 302
Nashua, NH 03060 Portsmouth, NH 03801

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 Professional Engineer 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) Wright-Pierce (signature)

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

Date Date

AG 3 of 3

aA Aw FY YM Pe

oo

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER 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

FEDERAL SUBCONTRACTING REQUIREMENTS
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

GC lof 11

GC--2
GC--2
GC--2
GC--3
GC--3
GC--3

1,

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer’) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

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

Professional Engineer 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
Professional Engineer to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Engineer without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Engineer shall, if
requested to do so by the City of Nashua, remove from the job any personne! whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

GC 2 of 11

4. CiTyY 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
Professional Engineer, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Professional Engineer's
performance under the contract. Professional Engineer shall provide to the City of Nashua within
10 calendar days, a written proposal for accomplishing the change. The proposal for a change
shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of
tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua
will then determine in writing if Professional Engineer should proceed with any or all of the
proposed change. If the change causes an increase or a decrease in Professional Engineer's cost
or time required for performance of the contract as a whole, an equitable adjustment shall be
made and the contract accordingly modified in writing. Any claim of Professional Engineer for
adjustment under this clause shall be asserted in writing within 30 days of the date the City of
Nashua notified Professional Engineer of the change.

When Professional Engineer seeks changes, Professional Engineer shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Professional Engineer should proceed with any or all of the proposed change.

Except as provided in this paragraph, Professional Engineer shall implement no change unless the
City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shall be confirmed in
writing as soon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination.

6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Professional Engineer in the performance of its work under this contract and that such
personnel will be available to Professional Engineer for consultation at reasonable times and after
being given sufficient advance notice that will prevent conflict with their other responsibilities.
The City of Nashua also agrees to provide Professional Engineer with access to City of Nashua
records in a reasonable time and manner and to schedule items that require action by the Board of
Public Works and Finance Committee in a timely manner. The City of Nashua and Professional
Engineer also agree to attend all meetings called by the City of Nashua or Professional Engineer
to discuss the work under the Contract, and that Professional Engineer may elect to conduct and
record such meetings and shall later distribute prepared minutes of the meeting to the City of
Nashua.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to
Professional Engineer. All future questions Professional Engineer may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Professional Engineer's question or position. The City of Nashua representative shall render a

GC 3 of 11