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awarding or amending or making of any determinations with respect to the performance of this
contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional Engineer,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any nghts, powers, or
interest In any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Professional Engineer.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Professional Engineer. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any
kind or nature not set forth in this contract. No changes, amendments, or modifications of any
terms or conditions of the contract shall be valid unless reduced to writing and signed by both
parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the
State of New Hampshire and any claim or action brought relating to this contract, the work
performed or contracted to be performed thereunder, or referable in anyway thereto shall be
brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in
the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC Hof 11

Hayner/Swanseon, inc.
Civil Engineers/Land Surveyors

EXHIBIT B
January 15, 2020

Ms, Lisa Fauteux
Director of Public Works
9 Riverside Street
Nashua, NH 03062

Dear Ms, Fauteux:

Hayner/Swanson, Inc. (HS) is pleased to submit this proposal to provide professional services in
support of the City of Nashua’s paving program. Consistent with the services we have provided
in an earlier contract, this work will be performed as an extension of the City Engineering
Department.

We note that the term of our most recent contract was established to run through December 29,
2019. We project that remaining budget for that contract will provide for our services through

the end of February 2020.

The term of this proposed contract wili be from March 1, 2020 through December 1, 2020. It is
anticipated that the extent to which support will be needed during winter 2020/2021 will be

assessed in Fail 2020.

In this highly integrated effort, coordination and construction administration will be staffed by
both City staff and HSI personnel,

We understand that the services to be provided on the paving program will be varied and will
include management, adrninistration and construction observation. At times, we will be directly
responsible for tasks. At other times, we will work in direct support of City staff, Our
commitment to flexibility and to consistent and clear communication with the City will continue
to be a key element in this program.

We understand that our responsibilities may be adjusted by the City based upon the specific
needs and workload of the City staff. We anticipate that tasks which we may be called upon to

undertake include:
@ Overall coordination related to programming and scheduling project work

e Coordination with Stantec as they work to update their pavement condition database
« Coordination with privately owned utilities in advance of and during construction

3 Congress St. Nashua, NH 03062-3301 +» (603) 883-2057 /5057 (fax) « www hayner-swanson.com

* Review of existing conditions to identify issues such as existing driveway or walk
puddles, and utility concerns

e Assistance during construction start-up including kick-off meetings and establishment of
working and reporting practices with contractors

e Construction observation including measuring and iracking quantities, as well. as
preparation of comprehensive daily reports

e Supervision of the construction observation effort, whether performed by HSI or by City
staff

¢ Compilation of project records

¢ Administration and support of construction contract closeout process

¢ Additional oversight, recordkeeping and coordination with NHDOT/FHWA as required
for the remaining Federally funded contract

In performing these services, we understand that our efforts will always be as directed by the
City Engineer. At times, we may perform services which the City’s standard General Conditions
for construction contracts assign to the “Engineer”. We note that performing these duties will
not bestow upon us the role and responsibilities of “Engineer” as may be defined in contracts
with construction contractors.

HSI will not be given the authority to stop the Contractor’s work, nor to order the Contractor to
perform work beyond contract limits. Ifso directed by the City Engineer, we will deliver such
orders on the Engineer’s behalf.

On occasions when City staff may be working under the direst supervision of HSI, we
understand that the City staff will perform work with a standard of care equal to or exceeding the
standard we require of our own staff. City staff working under our supervision on construction
sites will be expected to always wear appropriate safety equipment and maintain detailed
records.

We understand that it is the City’s desire to establish a budget for HSI’s services which will be
performed as directed by the City Engineer. On a monthly basis, we will prepare a report on the
status of our overall budget and submit the report with our invoice. We anticipate that as work
progresses, the specific tasks we work on will vary dependent upon the workload of City staff, as
well as the budget remaining for our support.

We anticipate that our work will fall under four categories:

i. Principal Level: Work under this category will be administrative and supervisory
support. We anticipate that these services will primarily be provided by John Vancor,
P.E. and Paul Hayner, P.E.

2. Engineering and Construction Manager: Work under this category will include utility
coordination, review of technical concerns, review of payment requisitions, resolution of
disputes and preparation of possible change order documentation, preparation of bid

documents and contract coordination with contractors. We anticipate that these services
will primarily be provided by Scott Murphy, P.E, and Ray Gelinas,

3. Construction Observation and Technical Support: Work under this category will include
field and office work directly associated with construction observation, as well as plan

preparation. We will assign Dan Brown and Denis Hayner to the field effort and will
supplement Dan and Denis’s services with other staff, including Ethan Beals and Steve
Auger, as workload demands.

4. Administrative Support: Work under this category includes administrative efforts
including compilation of records and preparation of documents. This work will be

performed by Karen Blake.

As a basis for establishing the budget for the 2020 construction season, we have estimated work
effort by each category.

Principal Level

Estimate § hours/week for 39 weeks = 312 hours
312 hours x $170/hour = $53,040
Enemeering and Construction Manager
Estimate 12 hours/week for 39 weeks = 468 hours
468 hours x $135*/hour = $63,180
“Composite rate used
Construction Observation Support/Coordination
Estimate 75 hours/week for 39 weeks = 2,925 hours
2,925 hours x $95*/hour : $277,875
*Composite rate used
Administrative Support
Estimate 1 hours/week for 39 weeks = 39 hours
39 hours x $65/hour $2,535
Total Labor Budget = $396,630
Allowance for Expenses = 51,600
Program Budget $398,230

We understand that the actual work performed will be as directed and that the split of work
between categories may vary significantly. We also understand that actual work performed will
be only as directed and may be less than the budget presented.

We propose to provide the services described herein in accordance with the same terms and
conditions used in our current contract to provide similar services.

If you have any questions or comments regarding this proposal, please contact me.

APPROVED BY:

Bed

Mayor C. Vanecor, PE.

THE CITY OF NASHUA “The Cate Cty’

Administrative Services

Purchasing Department

April 30, 2020
Memo #20-103

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PRIMARY TANK UPGRADE — CHANGE ORDER 4 (VALUE: $49,336)

DEPARTMENT: 169 WASTEWATER; FUND: WERF AND SRF LOAN
Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated April 23, 2020 for the information related to this contract.
Pursuant to § 5-78 Major purchases (greater than $10,600) 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 fram the lowest responsible bidder, after due notice inviting bids.
The Superintendent Wastewater Department, the Board of Public Works (April 23, 2020 meeting) and the
Purchasing Department recommend this change order in the amount $49,336 to Methuen Construction,

of Plaistow, NH.

Respectfully,

Dan Kooken
Purchasing Manager

Ce: D Boucher L Fautuex

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

To:

From:

Re:

B. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 23, 2020

David L. Boucher, Superintendent
Wastewater Department

Primary Tank Upgrade Project - CO4

To approve Change Order #4 to the contract with Methuen Construction in an amount of
349,335 for the construction of upgrades to the primary tanks at the Wastewater
Treatment Facility. Funding will be through Department: 169 Wastewater; Fund: WERF
and SRF Loan; Activity: Primary Upgrade Project.

Change Order #4

The Nashua Wastewater Treatment Facility is undergoing an upgrade of its primary
tanks. Methuen Construction was awarded the contract in the amount of $3,629,340.
Change order 1 was for using the preferred chain and flight manufacturer in the amount
of $20,000 to bring the contract amount to $3,649,340. Change order 2 was for an
increase in the Davis Bacon wage rates for electricians in the New Year in the amount of
$4,978.31. Change order 3 was for changing the primary gallery exhaust fan to a 2 starter
fan in the amount of $3,483.78. The new contract amount is currently $3,657,802.09.

This change order is for 3 items: 1) additional work with coating the existing weirs in the
thickened primary sludge tanks. The existing weirs are rusting and should be cleaned and
coated with new epoxy paint prior to installing new fiber glass weirs. 2) Some additional
costs incurred by the Contractor’s earth sub when it was decided to move the electrical
building to the north to keep away from an underground electric duct bank. 3) Upgrade
the PLC processor in the new electric building. The total of these items comes to
$49,335. The new contract amount following this change order comes to $3,727,146.09,

CHANGE ORDER
No. 4

PROJECT: Primary Tank Upgrade Project DATE OF ISSUANCE: —_ 3/16/20

OWNER: City of Nashua, New Hampshire
229 Main Street
(Address) ) OWNER’S Purchase Order No.
CONTRACTOR: Methuen Construction OWNER’s Project No. IFB 0285-112918

CONTRACT FOR: _ Primary Tank Upgrade Project ENGINEER —Wright-Pierce
ENGINEER’s Project No. 13774

You are directed to make the following changes in the Contract Documents.

Description: See attached backup from Methuen Construction for various PCOs. Wrighi-Pierce and the
City waived the requirement for Methuen to provide additional breakdown for PCOs-05 and -07 but will
require Methuen to provide all subcontractor breakdowns for all future change orders.

Purpose of Change Order: Change in contract price for additional work and deductions from credited
work

Attachments: Methuen PCO NO. 05 Weirs and Baffles, Methuen PCO NO. 06 Balancing Change Order,
Methuen PCO NO. 07 Electrical Building Relocation, PCO NO. 08 PLC Processor Upgrade

CHANGE IN CONTRACT PRICE

Original Contract Price
$ _3,629,340.00

CHANGE IN CONTRACT TIME

Original Contract Time
Subs. Completion: 6/18/20 / Final: 8/17/20

(days or date}

Previous Change Orders
$ 28,462.09

Net change from previous Change Orders
Subs. Completion: 0 / Final: 0

(days)

Contract Price prior to this Change Order
$ _3,657,802.09

Contract Time prior to this Change Order
Subs. Completion: 6/18/20 / Final: 8/17/20

(days or date)

Net Increase (Decrease) of this Change Order
$ 46,335.68

Net Increase (decrease) this Change Order
Subs. Completion: 35 / Final: 35

{days)

Contract Price with all approved Change Orders
$ _3,704,137.77

Contract Time with all Change Orders

Subs. Completion: 7/23/20 / Final: 9/21/20
(days or date}

This document will become a supplement to the CONTRACT and all provisions will apply hereto. The
attached Contractor’s Revised Project Schedule reflects increases or decreases in Contract Time as
authorized by this Change Order.

Stipulated price and time adjustment includes all costs and time associated with the above described change.
Contractor waives all rights for additional time extension for said change. Contractor and Owner agree that
the price(s) and time adjustment(s) stated above are equitable and acceptable to both parties.

RECOMMENDED: APPROVED: APPROVED: APPROVED:
By: By: Clecoph, tite, — By:
2 Owner "Contractor NHDES
4/15/2020 ANS [20

Date Date Date Date

CITY OF NASHUA, NH

PRIMARY TANK UPGRADES
CHANGE ORDER NO. 4
SUMMARY
ORIGINAL CONTRACT PRICE / DATE OF SUBSTANTIAL COMPLETION $
CONTRACT PRICE / TIME PRIOR TO CHANGE ORDER 5
PCO-0$ PCO-005 Weirs and Baffles 5
PCO-06 PCO 006 Balancing Change Order $
PCO-07 =FCO 007 Electrical Building Relocation $
PCO-08 PCO 008 PLC Processor Upgrade 5

Net Concract Price Increase of this Change Order (PCO-005, -006, -G07, =(08): 5

CONTRACT PRICE / TIME WITH ALL APPROVED CHANGE ORDERS: 8

3,629,340,00

3,637,802.09

Add / Deduet
36,522.35

1,534.72
5,256.86

3,023,75

46,335.68

3,704,137.77

34

SS2020

6/15/2020

days
days
days

days

days

1/23/2020

ACCEPTED BY THE POLICYHOLDER:

Signed at
Policyholder (correct legal name)

Date

By (Officer's signature and title)

(Print Name)

Signature Broker/Agent of Record

(Print Name)
ACCEPTED BY THE COMPANY:
Signed at Marblehead, Massachusetts
On behalf of the Company
Date Tara Krauss, Head of A&H

By (Officer's name and title)

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