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May 11, 2017
Stephen Dookran, P.E.
Page 6 of 6

Reference: Pavement Management Support Services Proposal

FEE:

Our not fo exceed fee to complete the proposed scope of services as defined above is Fifty
Thousand Dollars ($50,000). Should the scope of services be expanded, STANTEC will discuss the
additional fee to accomplish the additional scope and an amendment to this Agreement will be

executed.
50% Pavement Condition Survey $36,800
Quality Assurance $3,600
Project Meetings/Data Analyses $6,400
Written Summary and Plan Update $3,200

INVOICES:

STANTEC will invoice the City on a monthly basis during the performance of our services. The amount
of each invoice will be based on the percentage completion for each work task at the time of work

performance.

Regards,

STANTEC CONSULTING SERVICES INC.

William R. Moore, P.E.

Senior Principal

Phone: (781) 221-1142
william moore a@stantec.com

Design with cormrnounity in mind

Bil Scarpali
Asset Management Specialist
Phone: {781} 221-1165

william scarpatha@stantec.com

THE CITY OF NASHUA The Gate City’

Financial Services

Purchasing Department

May 11, 2017
Memo #17-114

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PAVEMENT MANAGEMENT ENGINEERING SERVICES (VALUE: $245,000)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND
ACTIVITIES: PAVING

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated April 20, 2017
for information related to this purchase.

Pursuant to NRO § 5-83 Professional Services (A) 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.

The City Engineer, Board of Public Works (April 20, 2017) and the Purchasing Department recommend
the award of this contract to Hayner/Swanson, Inc. of Nashua, NH in an amount of $245,000.

Respectfully,

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‘Purchasing Manager

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229 Main Street e Nashua, New Hampshire 03061 * Phone (603) 589-3330 e Fax (603) 589-3233

To:

From:

Re:

E. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 20, 2017

Stephen Dookran, P.E., and City Engineer
Engineering Department

Pavement Management
Engineering Services

To approve the engineering contract with Hayner/Swanson. Inc. of Nashua, NH in the
amount of $ 245,000. Funding is contingent upon the approval of the bonds that will
be funding the muiti- year paving project. Department: 160 Admin/Engineering:
Fund: Bond; Activity: Paving

The Engineering Department is getting ready to execute $7.5 million per year in
paving. As the project is much larger than what DPW staff has experienced with on
an annual basis, a pavement consultant (Hayner/Swanson, Inc. [HSI]) with much
experience in the field of pavement will be hired.

Hiring the pavement consultant will not only assist DPW throughout the process of
bid specification and plan development, oversee, administer and inspect the
contractors work product but also will strengthen DPW’s internal skills. Prior to
starting the work, the network of roads will be re-assessed/evaluated using Stantec
who has developed the pavement management program for the city.

HSI will assist DPW with management, administration, design, bid phase support, bid
result analysis, construction observation, compilation of projects and administration
and support of the construction contract closeout process. In addition, they will
coordinate with privately owned utilities in advance of bidding as well as during
construction. They will also review existing conditions and utility concerns and assist
during construction start-up.

HSI has similar experience in other towns such as Brookline, NH; Lincoln, MA, and
Malden, MA. In addition, HSI has worked with City of Nashua on design and
construction of Broad Street Parkway, Harbor Avenue and Burke Street where they
worked in conjunction with City engineers and inspectors. HSI is local and is very
responsive to the City’s needs.

AMENDED
R-17-092

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF THIRTY-SEVEN MILLION FIVE HUNDRED
THOUSAND DOLLARS ($37,506,000) TO FUND THE FIRST FIVE YEARS OF A
MULTI-YEAR PAVING PROJECT

CITY OF NASHUA

In the Year Two Thousand and Seventeen

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issue and sell
general obligation bonds of the City in an aggregate principal not to exceed thirty-seven million
five hundred thousand dollars ($37,500,000). The proceeds of said bonds shall be used for the
first five years of a multi-year paving project. The useful life of the project is 15-20 years.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which requires a 2/3 vote for passage of this resolution.

The bonds shall be general obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

LEGISLATIVE YEAR 2017

RESOLUTION: R-17-092
PURPOSE: Authorizing the Mayor and City Treasurer to issue bonds not

to exceed the amount of thirty-seven million five hundred
thousand dollars ($37,500,000) to fund a multi-year paving
project

SPONSOR(S): Mayor Jim Donchess
Alderman-at-Large David W. Deane

Alderman Ken Siegel

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: Bonds will be issued over a period of years depending on the
annual status of the paving project. The first bond is anticipated to
be sold in FY18 with the first payment beginning in FY19.
Estimated interest rates are 3.5% - 4.0%. Each bond issued will be
in an amount not to exceed $7,500,000 for a total of $37,500,000.
Each bond will have a fifteen year term. Total bond payments are
estimated at $48,600,000 including interests. Bond payments are
anticipated to be made through the Special Road and Highway
Fund.

ANALYSIS

This resolution authorizes the Mayor and the City Treasurer to issue and sell general obligation
bonds of the City in an aggregate principal amount not to exceed $37,500,000 to fund a multi-
year paving project. The Division of Public Works has provided the following additional
information: The project will implement various pavement treatment and repair methods
including routine maintenance, preventative maintenance, structural improvement and base
rehabilitation. The project also includes work related to periodic pavement condition surveys,
analyses and reporting, management system updating, bidding documents, construction quality
contro] and material testing. The paving program followed by needed general maintenance
would extend the life of the road network by 20 years.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing”. Also see NH RSA 33:9, which requires a 2/3 vote for passage of this resolution.

This legislation should be referred to the Board of Public Works for its review and approval.

RESOLUTION

Approved as to account
structure, numbers and
amount:

Approved as to form:

R-17-092

» ho Le Division

Office of Corporation Counsel

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CONTRACT FOR PROFESSIONAL SERVICES

PAVEMENT MANAGEMENT ENGINEERING SERVICES

A CONTRACT BETWEEN

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

HAYNER/SWANSON, INC.
and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER

3 CONGRESS STREET
NASHUA, NH 03062
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 Service, 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.

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.

AG 1 of 3

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
TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS ($ 245,000.00)

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: Stephen Dookran P.E., City Engineer

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.

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:

AG 2 of 3

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Stephen Dookran, P.E. — City Engineer John Vancor, P.E. — Vice President
Division of Public Works, Engineering Hayner/Swanson, Inc.

9 Riverside Street 3 Congress Street

Nashua, NH 03062 Nashua, NH 03062

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) Hayner/Swanson, Inc (signature)

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

Date Date

AG 3 of 3

SAM FSF YY

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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

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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