Search

CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran

14. COMPENSATION. — Review by the City of Professional Engineer's submitted monthly invoice
forms and progress reports for payment will be promptly accomplished by the City. If there is insufficient
information, the City may require Professional Engineer to submit additional information. Unless the
City, in its sole discretion, decides otherwise, the City shall pay Professional Engineer in full within 30
days of approval of the submitted monthly invoice forms and progress reports.

15. COMPLIANCE WITH APPLICABLE LAWS. Professional Engineer, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations, ordinances,
orders, or requirements of any sort in carrying out the obligations of this contract, including, but not
limited to, all federal, state, and local accounting procedures and requirements, all immigration and
naturalization laws, and the Americans With Disabilities Act. Professional Engineer shall, throughout the
period services are to be performed under this contract, monitor for any changes to the applicable laws,
statutes, regulations, ordinances, orders, or requirements, shall promptly notify the City in writing of any
changes to the same relating to or affecting this contract, and shall submit detailed documentation of any
effect of the change in terms of both time and cost of performing the contract.

16. NONDISCRIMINATION. If applicable or required under any federal or state law, statute,
regulation, order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of physical or
mental handicap in regard to any position for which the employee or applicant for employment is
qualified. Professional Engineer agrees to take affirmative action to employ, advance in employment, or
to otherwise treat qualified, handicapped individuals without discrimination based upon physical or
mental handicap in all employment practices, including but not limited to the following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay, or other forms of
compensation and selection for training, including apprenticeship.

Without limitation of the foregoing, Professional Engineer's attention is directed to 41 C.F.R. § 60-1.4,
and the clause entitled "Equal Opportunity Clause" which, by reference, is incorporated into this contract,
to 41 C.F.R. § 60-250 et seq. and the clause entitled "Affirmative Action Obligations of Professional
Engineers and Subcontractor for Disabled Veterans and Veterans of the Vietnam Era," which, by
reference, is incorporated in this contract, and to 41 C.F.R. § 60-471 and the clause entitled "Affirmative
Action Obligations of Professional Engineers and Subcontractors for Handicapped Workers," which, by
this reference, is incorporated in this contract.

Professional Engineer agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub consultants to
participate to the extent possible, consistent with their qualification, quality of work, and obligation of
Professional Engineer under this contract.

In connection with the performance of work under this contract, Professional Engineer agrees not to
discriminate against any employee or applicant for employment because of race, creed, color, national
origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.

GC 9 of 13

CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran

Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any applicable
provision by Professional Engineer shall constitute a material breach of the contract.

17. FEDERAL SUBCONTRACTING REQUIREMENTS. If Professional Engineer awards a subcontract
under this contract, Professional Engineer, if applicable, shall use the following alternative steps:

A. Using the services of the Small Business Administration and the Minority
Business Development Agency of the United States Department of Commerce,
as appropriate; and

B. Requiring the subcontractor, if it awards subcontracts, to take the affirmative
steps set forth in paragraph A.

If applicable, Professional Engineer agrees to complete and submit to the City a Minority Business
Enterprise/‘Woman Business Enterprise (MBE/WBE) Utilization Report (Standard Form 334) within 30
days after the end of each fiscal quarter until the end of the contract.

18. ENDORSEMENT. Professional Engineer shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared by
Professional Engineer or under its direction as required under the laws of the State of New Hampshire.

19. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING. Professional Engineer shall
not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract without
the prior written consent of the City. Any such assignment, transfer, delegation, or subcontracting
without the prior written consent of the City is void. Any consent of the City to any assignment, transfer,
delegation, or subcontracting shall only apply to the incidents expressed and provided for in the written
consent and shall not be deemed to be a consent to any subsequent assignment, transfer, delegation, or
subcontracting. Any such assignment, transfer, delegation, or subcontract shall require compliance with
or shall incorporate all terms and conditions set forth in this agreement, including all incorporated
Exhibits and written amendments or modifications. Subject to the foregoing provisions, the contract
inures to the benefit of, and is binding upon, the successors and assigns of the parties.

20. CITY INSPECTION OF CONTRACT MATERIALS. The books, records, documents and accounting
procedures and practices of Professional Engineer related to this contract shall be subject to inspection,
examination and audit by the City, including, but not limited to, the contracting agency, the Board of
Public Works, Corporation Counsel, and, if applicable, the Comptroller General of the United States, or
any authorized representative of those entities.

21. DISPOSITION OF CONTRACT MATERIALS, 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 shall be the exclusive property of the City and all
such materials shall be remitted and delivered, at Professional Engineer's expense, by Professional
Engineer to the City upon completion, termination, or cancellation of this contract. Alternatively, if the
City 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

GC 10 of 13

CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran

closed. If, at any time during the retention period, the City, 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. 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.

22. PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS. Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City by Professional Engineer (including
those remitted to the City by Professional Engineer pursuant to paragraph 21), 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 shall have the right to reproduce any such materials.

Professional Engineer expressly and indefinitely 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 or any of its officers or employees, in either their official or individual capacity, 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, 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.

23. FINAL ACCEPTANCE. Upon completion of all work under the contract, Professional Engineer
shall notify the City in writing of the date of the completion of the work and request confirmation of the
completion from the City. Upon receipt of the notice, the City 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
as incomplete, 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 shall be the date upon
which the Board of Public Works or other designated official accepts and approves the notice of
completion.

24. 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.

GC 11 of 13

CiTy OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran

Professional Engineer hereby indemnifies and holds harmless the City from any liability on account of
any and all such taxes, levies, duties, assessments, and deductions.

25. NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract
shall be considered waived by the City. 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
in a written waiver.

26. 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.

27. PROHIBITED INTERESTS. Professional Engineer shall not allow any officer or employee of the
City 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 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. 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 determines that a conflict exists and
was not disclosed to the City, 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 may terminate the
contract at will or for cause in accordance with paragraph 8. Upon termination, Professional Engineer
shall refund to the City any profits realized under this contract, and Professional Engineer shall be liable
to the City for any costs incurred by the City in completing the work described in this contract. At the
discretion of the City, 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 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 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 under this contract or at law.

28. THIRD PARTY INTERESTS AND LIABILITIES. The City 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 and Professional Engineer.

GC 12 of 13

CIry OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran

29. 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.

30. 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.

ai. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire
contract between the City 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.

32. CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws of the

State of New Hampshire and any litigation shall be brought in a court located in the State of New
Hampshire.

GC 13 of 13

THE CITY OF NASHUA "The Gate City"

Purchasing Department

December 29, 2016
Memo #17-086

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT AWARD FOR ENGINEERING SERVICES FOR THE EVALUATION OF
THE WET WEATHER FACILITY (VALUE: NOT TO EXCEED $35,100)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Noelle Osborne, Wastewater Department Operations
Supervisor, dated December 29, 2016 for the information related to this purchase.

Pursuant to NRO § 5-83 Frofessicnai 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 (12/29/2016 meeting) and
the Purchasing Department recommend this contact award in an amount not to exceed $35,106 to
Wrighi Pierce of Porismouth, NH.

ep ney
Slo Lob) oo
Ban Kooken

Purchasing Manager

Cc: N Osborne L Fauteux

229 Main Street » Nashua, New Hampshire 03061 © Phone (603) 589-3330 ° Fax (603) 589-3233

To:

From:

Attachments:

Discussion:

Citv of Nashua, Public Works Division
i f

Board of Public Works Meeting Date: December 29, 2016

Noelle Osborne, Operations Supervisor
Wastewater Department

Wet Weather Facility Evaluation

To approve a contract to Wright Pierce for professional services for a complete
evaluation of the wet weather facility in an amount not to exceed $35,100.
Funding will be through: Department: 169 Wastewater; Fund: Wastewater;
Account Classification: 53 — Professional & Technical Services.

Wright Pierce Scope of Work and Fee.

The Nashua Wastewater Treatment Facility (NWTF) has a Wet Weather
Treatment Facility (WWTF) that treats high flow conditions during storm
events that are in excess of the design capacity of the plant. The WWTF was
constructed and put into operation in 2009. This facility only operates when
flows exceed 5OMGD to the main plant, causing very infrequent operation.
The facility can run an average of 10 times a year for a brief period of time
(less than 12 hours at a time, depending on the storm flow). With infrequent
operation, it is difficult to test, trouble shoot and determine appropriate
corrections. Over the years the operational components have failed to work
worked properly. The EPA has recently stated to the City that they do not
consider our Consent Decree for CSO abatement complete until this facility is
fully functioning. Since the WWTF is complex and has many processes
ongoing when in operation, it needs to be evaluated by a qualified engineering
firm to determine the appropriate corrective action.

In addition to operational difficulties, there has been an overflow at a manhole
outside of the WWTF for 2 consecutive years. This manhole is for an
incoming interceptor and has an inner diameter vortex in it that is suspected to
not be able to handle excessive flows, causing a backup to ground surface.

The NWTF would like to use the services of Wright Pierce to evaluate our
ongoing issues with this facility. The intent is for them to begin by looking at
the design of the facility and evaluate the influent flows and hydraulics of the
interceptor vortex. From there, the City will determine what the appropriate
next stage will be and how to best approach the WWTF evaluation. Wright
Pierce has been used for numerous projects at the NWTF over the past 5 years.
They have a good understanding of the entire plant and are well qualified to
evaluate and provide the corrective actions needed.

Wright Pierce has provided a total cost of $35,100 which the City proposes to

award in phases to ensure that the evaluation is both fiscally responsible and
provides that the appropriate corrective actions are taken. They are ready to
begin this evaluation immediately.

SS.

i BF

‘

A Hey gar ieee ED, en Wp gO Weer
Vv = i ir t m tr i i: hee Ee ee WATER ~ WASTEWATER ~ STORMWATER ~ INFRASTRUCTURE

Dm a

Engineering a Better Environment

November 18, 2016
W-P Project No. T11295

Nis. Noelle Osborne
City of Nashua NWTF
2 Sawmill Road
Nasnua, NH 03060

Subject: Letter Proposal for Influent Hydraulic Analysis & Evaluation of the Wet Weather
Treatment System

Dear Ms. Osborne

We are pleased to respond to your request for assistance with analysis of the Wastewater Treatment
Facility influent hydraulics, and evaluation of the wet weather treatment system. The following
paragraphs cutline relevant project background, our current understanding of the issues, proposed
scope of services, schedule and the estimatec fee.

PROJECT BACKGROUND

The Nashua Wastewater Treatment Facility includes a wet weather treatment system that was put in
service in 2009. The Wet Weather Fiow Treatment Facility project included modifications of the
treatment facility’s influent piping system, a below grade diversion structure, a wet weather pump
station, a wet weather sedimentation facility, and modifications to the City’s existing hypochlorite
contact chamber. More specifically, these improvements included:

e Site Piping Modifications — Installation of a drop shaft vortex manhole and new 48” piping to
connect the 48” Salmon Brook Interceptor to the 72” Merrimack Interceptor just upstream
of the Main influent Pump Station.

® Wet Weather Pump Station — Hydraulically actuated influent gates, two mechanical bar
screens, four 21 mgd submersible pumps, and a magnetic flow meter on the 42-inch force
main to the wet weather sedimentation facility.

Wet Weather Sedimentation Facility - A Kruger Actiflo System that includes chemical and

ballasted floc mixing, coagulation and maturing tanks, prior to lamella clarifiers. The system
discharges to a 48-inch gravity line to the chlorine contact tank.

@

® Hypochlorite Contact Chamber — The modification to the chlorine contact tank included new
influent piping with isolation sluice gates, new rotating scum collection pipes and fixed FRP
weirs.

On October 21°, Nashua experienced a rain event of nearly 3 inches over a time of 3 hours. During one
hour they received 1.8 inches. The plant influent hydraulics were overwhelmed by this flow, surcharging

Recognized for Engineering Excellence ~ Selected for Service & Value 230 Commerce Way, Suite 302
Portsmouth, NH 03801

www.wright-pierce.com
Phone: 603.430.3728 | Fax: 603.430.4083

Ms. Osborne
November 18, 2016

Page 2of5

and overflowing the influent sewers. The overflow flooded the paved parking area on the north side of
the wet weather pump station, significantly eroded the adjacent banking, and flowed into the adjacent
wetlands. A large electrical transformer was undermined and taken off line.

Wright-Pierce met with the Plant Operations Staff to discuss their observations of the rain event:

@

The drop shaft vortex manhole on the 48-inch Salmon Brock Interceptor (connected to the
72-inch North Merrimack Interceptor) was overflowing; it flooded the adjacent parking area,
and eroded the adjacent bank. The manhole rim is at about elevation 33.0.

The main influent pump station was receiving up to 56 mgd at one point, and was unable to
keep up with the peak flow.

The influent pump station wet well flooded the lower level to about elevation 15.0, within
approximately 3.6 feet of the intermediate floor level.

In response to the wet well flooding, the 72-inch influent gate to the main influent pump
station was closed from about 24 inches open to about 10 inches open. This further restricted
the flow to the pump station.

According to the level trending information in SCADA, the water surface elevation upstream
of the wet weather pump station influent gate and mechanical screens was 22.0.

Two wei weather influent pumps were operated (each pump rated at 21 mgd and 51-foot
TDH), and lowered the wet weather pump station wet well to below normal operating levels
(elevation of about -5.0). However, the recorded total peak flow rate of the wet weather
pump siation was measured at only 25 mgd. The total rated flow capacity of this pump
station is 60 mgd with 3 pumps operating. This indicates a possible hydraulic bottle neck
associated with either the influent gate or mechanical screens.

PROJECT OBLECTIVES
Based on our initial investigation of the rain event and existing conditions, we have identified seven
project objectives:

1.

Identify the issues that resulted in the overflow of untreated influent wastewater, and the
reasons why the wet weather pump station was only able to receive/pump about 25 mgd;

Evaluate modifications and control strategies that will minimize the potential for future
untreated wastewater overflcws;

Identify the necessary modifications required to facilitate the desired flow handling capacity;

Evaluate possible operational issues or limitations with the wet weather flow treatment
facility (Actiflo System) to effectively treat pumped wet weather flows up to 60 mgd;

Recommend modifications and operational changes to the wet weather flow treatment
system;