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City of Nashua, Public Works Division

To: Board of Public Works Meeting Date: June 19, 2017
From: Jon Ibarra, Superintendent

Street Department
RE: FY17 Pavement Markings Contract

A. Motion: To approve the award of the FY17 Pavement Markings contract to Hi-Way Safety
Systems, Inc. of Rockland, MA in the amount of $162,000. Funding for this
contract is through Department 161: Streets; Fund: General; Account
Classification: 54 — Other Services

Attachments: Schedule of Prices

Discussion: Hi-Way Safety Systems, Inc. has been awarded the Pavement Markings Contract
for the past several years. During this period, Hi-Way Safety has continued to
provide reliable and responsive services. The contractor has agreed to maintain the
same unit costs as previously bid in the executed contract of September 14, 2014.

CITY OF NASHUA

ANNUAL PAVEWENT MARKINGS PROGRAM

REVROREFLECTIVE THERIMOPLASTIC AND PAINT PAVEMENT MARKINGS

Schedule of Prices
July 1, 2017 through June 30, 2018
Total Bid Value

item # Description Quantity UM Unit Price Amoint
632.0104 Retro reflective Paint Pavement Marking 4 inch line 1,400,000.00 LF $0.0375 $52,500.00

632.0112 Retro reflective Paint Pavement Marking 12 Inch line 2,200.00 LF $0.1500 $330.00

632.02 Retro refelctive Paint Words/Symbols 2,000.00 SF $1.0000 $2,000.00
/632.2 Pavement Marking Removal/grinding 2,593.30} LF $0.7500 $1,945.00

632.3104 Retro reflective Thermoplastic Payment Marking 4 inch line 2,000,00 ir $0,3000 $600.00
632.3112 Retro reflective Thermoplastic Pavement Marking 12 inch line 30,000.00 LF $1.3500 $40,500.00
632.32 Retro refelctive Thermo Wards/Symbols 9,000.00} SF $3.7500 $33,750.00
860.REO Solid Red Paint 67,500.00 SF $0.4500 $30,375.00
BID TOTAL $162,000.00

TOTAL BID PRICE WORDS:
One Hundred Sixty-Two Thousand Dellars and
zero Cents
Contractor: HI Way Safety Systems, Inc.
Authorized LK ) i
Signature: (a Vol pegs
it
Address: Rockview Way, Rockland, MA 02370
Phone: (781) 982-9229 Fan: (781}-982-9226
Emall Address: kdelongé hiwayss.com

=)\ THE CITY OF NASHUA an

Financial Services

Purchasing Department

June 15, 2017
Memo #17-139

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: WWTF HVAC UGRADES - CONSTRUCTION PHASE SERVICES (VALUE: $52,907)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Noelle Osborne, Wastewater Department Operations
Supervisor, dated June 22, 2017 for the 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 Wastewater Department Operations Supervisor, Board of Public Works (contingent upon approval at

the 6/22/2017 BPW meeting) and the Purchasing Department recommend the award of this coniract in
the amount of $52,907 to Wright Pierce of Topsham, ME.

Respectfully, -,

“i ae
AD VY
Lif Y

OCLs
-- Ban Koken
Purchasing Manager

Cc: N Osborne L Fauteux

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

To:

From:

Re:

I. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 22, 2017

Noelle Osborne, Plant Operations Supervisor
Wastewater Department

NWTF HVAC Upgrades Project

To approve the contract award for construction phase services for the HVAC
Upgrades project to Wright Pierce of Topsham, ME in the amount not to
exceed $52,907. Funding will be through: Department: 169 Wastewater;
Activity: Control Building HVAC Upgrades.

Wright Pierce Scope of Work and Fee.

The Wastewater Treatment Facility (WWTF) is in need of replacing four air
handling units that were originally installed during the 1972 or 1988 upgrades.
These units provide fresh air from outside that is either heated or cooled to
provide a comfortable working environment for plant personnel. Several of
the units have failed and are beyond repair.

Wright Pierce was contracted to design the upgrades to the HVAC system in
August 2016. Originally the project was to replace 4 major air handlers but
has since grown to include air conditioning and heating for 3 other offices, new
LED lights in the Admin building and new ceiling tiles to replace those being
demolished in the upgrade process.

The construction contract for this project was approved for award to the
Monadnock Building Company at the May BPW meeting.

Wright Pierce is ready to provide construction phase services promptly for this
project once approved. 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

HVAC UPGRADES PROJECT

CONSTRUCTION PHASE SERVICES

A CONTRACT BETWEEN

THE CITY 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.

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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
Fifty-Two Thousand Nine Hundred Seven and 00/100 Dollars ($ 52,907.00)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of Exhibit
C 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, City Hall
Attn: Accounts Payable
229 Main Street

Nashua, NH 03060

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.

AG 2 of 3

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:

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, NA (signature) Wright-Pierce (signature)

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

Date Date

AG 3 of 3

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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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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 personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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4. 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
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

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