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21.

22.

Engineer in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Professional
Engineer's expense, by Professional Engineer to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Professional Engineer, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract must be retained by
Professional Engineer for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Professional Engineer shall promptly remit and
deliver the materials, at Professional Engineer's expense, to the City of Nashua. Professional
Engineer shall not use, willingly allow or cause to have such materials used for any purpose other
than the performance of Professional Engineer's obligations under this contract without the prior
written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional
Engineer (including those remitted to the City of Nashua by Professional Engineer pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefmitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Engineer
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at
its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Engineer
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Engineer in writing that the whole of the work was
completed on the date indicated in the notice or provide Professional Engineer with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,

GC 9 of 11

23.

24.

25.

26.

Professional Engineer shall promptly complete the work and the final acceptance procedure shall
be repeated. The date of final acceptance of a project by the City of Nashua shall be the date upon
which the Board of Public Works or other designated official accepts and approves the notice of
completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Professional Engineer shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Professional Engineer warrants that no officer or employee of the City of Nashua has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this
contract or in the business of Professional Engineer. If any such interest comes to the attention of
Professional Engineer at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Professional Engineer also warrants that it
presently has no interest and that it will not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed under
this contract. Professional Engineer further warrants that no person having such an interest shall
be employed in the performance of this contract. If City of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City of
Nashua may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer shall be liable to the City of Nashua for any costs
incurred by the City of Nashua in completing the work described in this contract. At the
discretion of the City of Nashua, these sanctions shall also be applicable to any such conviction
obtained after the expiration or completion of the contract.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the
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.

GC 10 of 11

EQUIPMENT LIST FOR AREAS SHOWN Labine Park Softball
: Nashua, NH
GRID SUMMARY
Name Softball
See: invegaler 278 275 / 265°
Spacing: DO x DO

|b queramteed per your Musco Weeranty document and

| includes 2 0.95 dirt deprecation factor.

Field Messurements: Individual Geld ereasat erments mey very
from cormeuter<calculeted predictions and should be taken
ip accordance with ESA #9415.

| Hectrical System Requirerests fefer to Arrperage
Draw Chart and/or the “Musco Control Sytem Summary”
for electrical sizing.

- inatallation Requiremests. Results essume + 3%
nominal voltage at line side of the driver and structures
located within 3 feet (im) of design locations

—
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5+

——

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Not te be reproduced in whote or pet witout the writer cormert of Musso
Spore Ughtng, LLC. ©0361, 202% Museo Sports Lighting, LLC

ILLUMINATION SUMMARY

ENGINEERED DESIGN By: - File #208204 (A-LS5} -

27.

28.

29.

30.

31.

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 rights, 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 11 of 11

(gees THE CITY OF NASHUA “The Cate City”

i

Financial Services

Purchasing Department

November 21, 2019
Memo #20-060

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR WET WEATHER INFLUENT SCREENING UPGRADE —
CONSTRUCTION SERVICES (VALUE: $1,237,677)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated November 21, 2019 for the information related to this contract.

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 formai, written contract from the lowest responsible bidder, after due notice inviting bids.

The Superintendent Wastewater Department, the Board of Public Works (November 21, 2019 meeting)
and the Purchasing Department recommend the award of this contract in an amount of $1,237,677 to
Waterline Industries Corporation of Seabrook, NH.

Respectfully,
a Qo

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:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: November 21, 2019

David L. Boucher, Superintendent
Wastewater Department

Wet Weather Influent Screening Upgrade

To approve the contract with Waterline Industnes Corporation of Seabrook, NH in an
amount of $1,237,677 for replacing the screen and rakes in the Wet Weather Facility.
Funding will be through: Department: 169- Wastewater; Fund: Wastewater: Activity:
Wet Weather Facility Influent Screening Upgrade.

The Wet Weather Facility located at 2 Sawmill Road in Nashua is designed to treat flows
at the wastewater facility above 50 million gallons per day. Over the years, the facility
has experience issues with its two influent screens. Parts of the screen fields have
become bowed allowing large material to pass through and clog pumps within the Wet
Weather Facility. Another issue is that the rake mechanisms do not remove debris
properly from the screen field allowing flow to back-up into the interceptor creating other
issues and causing the Wet Weather Facility to be ineffective. Several interim solutions
have been tried to correct the issues with little success.

The Wet Weather Facility screens and rakes need to be replaced in order for the facility
to operate correctly. In addition to this project, other upgrades include: improving above
ground access hatches, installing access ladders partially down each screen vault and
installing hoists at the wet well to aid in the maintenance of the lower portion of the
screening units.

This project went out to bid on September 26th. Two bids were received at the bid
opening on October 28th: TBuck in the amount of $1,728,507 and Waterline Industries in
the amount of $1,237,677.

References provided by Waterline Industries were checked by consultant Wright Pierce
and all were favorable. Wright Pierce also provided a recommendation to award the
project to Waterline Industries.

BID SET No.

CITY OF NASHUA, NEW HAMPSHIRE

CONTRACT DRAWINGS FOR

WET WEATHER FLOW TREATMENT FACILITY
INFLUENT SCREENING UPGRADE

SEPTEMBER 2019

DRAWING INDEX
GENERAL
SS oteanat
STRUCTURAL
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a
27
2
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PROCESS
my NOTLE, LIGEHD, AHO AEEATYEATIONS
mI WATT WUATICE Pave STATION DERROUTION PAH At AECHON
mM. WAT WEATHTE PUMP STATION MODSRILAIOM LAM AMET TECIION:
INSTRUMENT. ATION
1 ASTORIA THOM NOTTS, UGG, ABORIVIATION,
soreeeenegnares ues
ELECTRICAL
uu TLECTICAL LEGEMU, MOTLE. ABBREVIANOVEL PUMA AND
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te ENGEL CAG RAMS
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is COMTPOL AND HSTEUEAENTATION WIRING DIARRA
. TLATTRCAS SOUESAETCS.
a FLACTROCAL DATARS AND SOME ES

LOCATION PLAN
Sn ee

WRIGHT-PIERCE =

Engineering a Better Environment FOR REVIEW _ JULY 2049

888.621.8156 | www.wright-pierce.com

WP PROJECT Ne. 13891

FOR BIDDING SEPTEMBER 2619

vnatecnine

STRUCTURAL NOTES

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DAWN 4

TAPP DATE

TEAS SOM SREVTEONS:

Engineering 3 Setter Envieoament

WRIGHT-PIERCE =
688.621.8156 | www.wright-plerce.com

CITY OF NASHUA, NEW HAMPSHIRE
WET WEATHER FLOW TREATMENT FACILITY
INFLUENT SCREENING UPGRADE
WET WEATHER PUMP STADON:
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WET WEATKIA Dawe STADION
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PARTIAL TOP DEMOLITION PLAN

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CITY OF NASHUA, NEW HAMPSHIRE
WET WEATHER FLOW TREATMENT FACILITY
INFLUENT SCREENING UPGRADE

BRAWING
5-3