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To:

From:

Re:

E. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 8, 2018

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

2018 Street Paving Program - Pavement Cores

To approve the contract for an amount not to exceed $30,000 to S.W. Cole
Engineering for the installation of cores on City of Nashua streets. Funding will
be through: Department: 161 Street; Fund: General; Activity: Paving;
Department: 161 Street; Fund: Trust; Account Category: 54 Property Services.

Approximately, 140 residential streets and arterial/collector roads (i.e.
approximately 29 miles) will be paved in 2018. S. W. Cole Engineering
(S.W.Cole) is being hired to cut 335 cores in various locations that will be
specified by engineering field staff. S.W. Cole will record the thickness of all of
the cores and provide a summary of findings to Engineering department. This will
assist us to specify the milling depths for the paving contractor.

In addition, S.W. Cole will provide consultation regarding pavement
rehabilitation. The streets go through varying degrees and types of deterioration
and the optimal rehabilitation method may not be clear. Due to lack of resources
to support street-by-street study and analysis, a general approach will be used. It
will be more beneficial and cost effective. S. W. Cole’s expertise will be used on
an on-call basis to support City’s efforts to address different types of
deterioration, as well as to work to further standardize the approach used in the
selection of specific pavement rehabilitation methods for individual streets.

We are seeking a contract approval for an amount not-to-exceed $30,000 which
will hopefully cover the unknown conditions. S.W. Cole has successfully
completed a number of pavement core installations and asphalt testing in our 2017
Paving contract.

>) THE CITY OF NASHUA The Gate City’

Financial Services

Purchasing Department

May 10, 2018

Memo #18-143

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: ENGINEERING SERVICES FOR IMPROVEMENTS TO THE GREELEY PARK BOAT
RAMP (VALUE $79,984)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: GRANTS FUND

Please see attached communication from Sarah Marchant, Community Development Division Director,
dated May 7, 2018 for information related to this contract award.

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 Community Development Division Director and the Purchasing Department recommend the award of
the contract to Stantec Consulting Services, Inc. of Bedford, NH in the amount of $79,984.

Respectfully

ae Kooken

Purchasing Manager

Cc: S. Marchant J. Graziano

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

° Community Development
City of Nashua Planning and Zoning
. sas Building Safety
Community Development Division Code Enforcement

Urban Programs

City Hall, 229 Main Street, PO Box 2019 Conservation Commission
Nashua, New Hampshire 03061-2019 Transportation
www.nashuanh.gov FAX

589-3095
589-3090
589-3080
589-3100
589-3085
589-3105
880-0100
589-3119

Date: May 7", 2018

To: John Griffin, CFO; Daniel Kooken, Purchasing Manager

From: Sarah Marchant, Director Community Development Division

Re: Contract for Engineering Services for Improvements to the Greeley Park Boat Ramp

The boat ramp at Greeley Park is the only public access site to the Merrimack River in Nashua
and the only trailer boat access to the river between Bedford and the Massachusetts border. The
boat ramp has fallen into disrepair and basic amenities such as a parking area are lacking.

Previous attempts to obtain funding to improve this important recreation area were unsuccessful
due to the uncertain status of the railroad crossing necessary for access to the site. In December
2016, the City of Nashua and PanAm Railways came to an agreement that the railroad crossing
is public which made it possible to obtain grant funding to improve the site. In October 2017, the
City of Nashua was awarded a Land and Water Conservation Fund to improve the Greeley Park
boat ramp. This grant was accepted by R-17-152.

The objective of this project is to improve the boat ramp by replacing the damaged pavement
surface of the boat ramp with concrete and extend the boat ramp further into the river, re-locate a
stormwater outfall that is in conflict with the location of the boat ramp, create a parking area
associated with the boat ramp, and add a seasonal dock. In addition, we will create a new direct
access road. The existing access road is circuitous which encourages dumping and other illicit
activities. This boat ramp is also the only access to the Merrimack River for the Nashua Fire
Department to conduct water rescues. The current access road adds significantly to their response
time and it is a priority for them to have a new direct route to the boat ramp as part of this
project.

We issued RFP 0265-021518 to request proposals for design, engineering, and permitting
services for this project. We received 5 proposals but 1 was not acceptable due to missing
addendum acknowledgement form. The 4 complete proposals received are listed below:

Firm name Office location Proposed cost
Meridian Land Services Amherst, NH $45,345
Stantec Bedford, NH $66,323.71
Loureiro Engineering Manchester, NH $66,735
McFarland Johnson Concord, NH $90,138.90

Prepared On: 72112022

| Granite Offering Expres On torzs2022

Accelerate I Quote ID 114259

MRC Grand Total $2,586.30

| Granite Non-recurring Charge(s)

Lecatlon Name Address BTH WIN Product Charge Description Term Total
6035943387 EPIK Installation 3 Years $0.00
6036943455 EPIK Installation 3 Years $0.00
6035943481 EPIK Installation 3 Years $0.00
6095943543 EPIK Installation 3 Years $0.00
6095943549 EPIK Installation 3 Years $0.00
6035943551 EPIK Installation 3 Years $0.00
6035943568 EPIK Instailation 3 Years $0.00
$035943645 EPIK Installation 3 Years $0.00
6098943646 ERIK Installation 3 Years $0.00
6035943650 EPIK Installation 3 Years $0.00
6036943655 EPIK Instatation 3 Years $0.00
6035948870 EPIK Instatlalion 3 Years $0.00
6038830188 EPIK Installation 3 Years $0.00
6038869256 EPIK Installation 3 Years $0.00

TOTAL $0.00

Installation includes: (1) a site survey of up to 2-hours onsile, if necessary; and (2) actual installation of up to 3 hours onsite. Additional time onsite will be charged al a rate of
$99.99 per hour and invoiced in 30 minute increments. Customer may elect lo selfinstall without additional charge.

NRC Grand Total $0.00

Complete Coverage © One Source, One Bill ® Support 24/7 Granitenet.com © 866.847.1500

A review committee of 4 City staff (2 from Community Development and 2 from DPW)
reviewed the proposals and evaluated them based on the following criteria: 1. Prior relevant
experience, 2. Proposed project approach, 3. Cost, and 4. References, reputation, and
performance of prior work for the City of Nashua. Stantec was chosen unanimously mainly for
their vast experience with similar projects as a contractor for NH Fish and Game.

However, the proposed scope by Stantec did not include the access road or an Alteration of
Terrain Permit. We asked Stantec to revise their scope and fee to include these items. The new
proposed cost was $89,597.25. In order to reduce the cost to the project, it was decided that
DPW would do the design, surveying, and engineering for the new access road. Stantec therefore
removed these items from their scope but will complete the Alteration of Terrain permit and
coordination with DPW to integrate the access road work into the permitting and plans for the
project. The final proposed cost for this contract is $79,984.01.

The Community Development Division recommends awarding the contract for engineering
services for improvements to the Greeley Park Boat ramp to Stantec Consulting Services in the
amount of $79,984.01.

CONTRACT FOR PROFESSIONAL SERVICES

ENGINEERING SERVICES FOR IMPROVEMENTS TO THE GREELEY PARK BOAT
RAMP

A CONTRACT BETWEEN

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

STANTEC CONSULTING SERVICES, INC. 288 SOUTH RIVER ROAD BUILDING C, BEDFORD, NH
03110

and its successors, transferees and assignees (together “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, Contract Time, 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
Dollars ($ 79,984.01 )

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

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:

Community Development Division
Waterways Manager

229 Main Street, PO Box 2019
Nashua, NH 03060

STANTEC REPRESENTATIVE:

Stantec Consulting Services
Bill Moore, Principal-inCharge
288 South River Rd, Building C
Bedford, NH 03110

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 addressec 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)

James Donchess, Mayor
(Printed Name and Title)

Date

(signature)

(Printed Name and Title)

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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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, completion in accordance with a mutually agreed upon schedule, 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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