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KE. Meticr:

Attachment:

Discussion:

City of Nashua, Public Werks Division

Board of Public Works Meeting Date: March 28, 2019

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

Pavernent Management Support Service

To approve the engineering contract with Stantec Consulting Services, inc. of
Burlington, MA in an amount of $28,900. Department: 160 Admin/Engineering;
Fund: Bond; Activity: Paving.

3-Year Optional Pavement Management Support Service Proposal

The City has been using Stantec Consulting Services, Inc. since 2016 to provide
assisiance in evaluating the pavement condition of the 300 mile road network and
to make recommendation on rehabilitation and preservation methods. Protecting
the City’s Pavement Management system investment with providing system
maintenance services to maintain the City’s pavement management database
system. Using their expertise, Stantec has provided assistance in developing the
necessary protocols for preventative maintenance, their costs and decision trees
when selecting a prioritized list of roadways to pave.

in the Summer/Fall of 2017, the pavement condition of the southern road network
of City of Nashua was surveyed and evaluated. In the Summer/Fall of 2018, the
pavement condition of the northern road network was surveyed and evaluated.
Stantec has recommended that one-third of the network needed to be updated
every year.

Stantec wiil annuaily re-survey 33% of the City’s roadway network,
approximately 101 centerlines miles each year to update the pavement surface
condition (PCD) ratings using CartéGraph’s PAVEMENT view® Plus software.

This contract is for updating the road network in the first-third of the next three
yeaz proposal at a cost of $28,900.

Sieniec Consulling Services ine,
5 Burlingion Woods Drive Suite 210, Burlington MA 01803-4571

February 22, 2019

Stephen Dookran, P.E.
City Engineer

9 Riverside Street
Nashua, NH 03042

Reference: 3-Year Optional Pavernen! Managemen! Support Services Propesel

Dear Mr. Dookran:

Per your request, Stantec Consulting Services, Inc. (Stantec) has prepared the following
Pavement Management Services Proposal to ensure and proteci the City’s municipal
pavement management system investment with providing system maintenance services
to maintain the City’s pavement management database system.

We hereby propose to maintain the City’s Cartegraph pavement management system
(PMS) in Cartegraph's Navigator, Stantec will update work history, conduct pavemeni
conditions surveys, and perform data modeling and analysis on behalf of the City.
Stantec will maintain the City’s pavement management database and provide exports
compatible with your GIS.

Below are specific work tasks proposed to support Nashua in continuing their pro-active
approach to managing its pavement assets. Ihe intent of these tasks will be to update
the City’s pavement management database on an annual basis by utilizing ongoing
asset facility distress surveys, conduct data analysis for future capital improvement
planning and monitor system-wide metrics on Nashua's roadways.

WORK TASKS:

Pavement Management Sysiem Upciale:

Stantec will annually re-survey 33% of the City’s roadway network, approximately
101 centerline miles each year to update the pavement surface condition (PCH)
ratings using CartéGraph’s PAVEMENTview@Plus software. No data will be
collected on indices other than pavement condition. For each pavement
segment, Stantec will capture a digital picture image and link to the database.

Stantec staff will enter and update new work history repair records for the past
construction season, update distress inspection records, and conduct modeling
and analysis of upcoming fiscal year roadway repair plan. This service includes
attendance at one (1} meeting at Nashua DPW, a written annual summary
describing Nashua’s pavement condition network and financial needs, and GIS
shapefile export.

City of Nashua, NH February 22, 2019
3-Year Optional Pavement Management Support Services Proposal Page 2

SCHEOULE:

Stantec will initiate the proposed work tasks immediately upon receipt of an
executed copy of this agreement/Notice to Proceed such that work tasks can be
performed as soon as possible. This project is expected to require approximately six
{6} months from start to completion of each annual update.

Task Expected Compietion
scnedule

Executed Contract Notice to Proceed March 2019

2019 Pavement Management System 33% Update October 2019

Optional 2020 Pavement Management System 33% Update _| October 2020

Optional 2021 Pavement Management System 33% Update | October 2021

FEE:
Our not to exceed fee to complete the proposed scope of services as defined
above is Twenty-Eight Thousand and Nine Hundred Dollars ($28,900). Should the
scope of services be expanded, Stantec will discuss the additional fee to accomplish
the additional scope and an amendment to this Agreement will be executed. The
proposed scope of services as defined above is broken down as follows:
1, 2019 Pavement Network-Level Undate Task: § 28,900
2. Opiional 2020 Pavement Network-Level Update Task: $ 30,100
3. Optional 2021 Pavement Network-Level Update Task: $ 33,600
INVOICES:

Stantec will invoice the City on a monthly basis during the performance of our
services, the amount of each invoice will be based on the percentage completion
for each work task at the time of work performance.

Enclosed are two {2} originals. Please indicate your acceptance of this proposal by signing
and dating in the spaces provided and returning one signed copy to Stantec.

Regaras,

STANTEC CONSULTING SERVICES INC.

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Williarn P. Scarpati Wiliam ®. tdeore, ?.£.
Senior Project Manager Senior Principal
Phone: (781) 221-1165 Phone: (603) 263-4654

wiliam.scarpati@stantec.com dill mMoore@stantec.com

CONTRACT FOR PROFESSIONAL SERVICES

PAVEMENT MANAGEMENT SUPPORT SERVICE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

Stantec Consulting Services, Inc.
and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER

5 BURLINGTON WOODS DRIVE SUITE 210, BURLINGTON MA 01803-451
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

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.

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DESCRIPTION OF THE WORK:

Professional Engineer to maintain the City’s Pavement Management System (PMS) in Cartegraph’s
Navigator. Professional Engineer will update work history, conduct pavement conditions surveys, and
perform data modeling and analysis on behalf of the City. Professional Engineer will maintain the City’s
pavement management database and provide exports compatible with the City’s GIS. (the “WORK”)

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work by December
31, 2019 which date shall only be altered by mutually approved 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

TWENTY-EIGHT THOUSAND NINE HUNDRED DOLLARS
($28,900.00 )

The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work.

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 in
accordance with the values stated in the Agreement. Such requests shall be supported by such data
substantiating the Professional Engineer’s right to payment as the City of Nashua may reasonably require.
Professional Engineer shall submit monthly requests for payment for services performed under this
agreement shall be submitted as follows:

>» Electronically via email to VendorAPInvoices@NashuaNH.gov
OR
>» Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Pleasedo not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires that
all submitted 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

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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 shaii not become effective untii and uniess 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: PROFESSIONAL ENGINEER REPRESENTATIVE:

Division of Public Works, Engineering Stantec Consulting Services, Inc.
9 Riverside Street Witliam Scarpati, Asset Management Specialist
Nashua, NH 03062 5 Burlington Woods Drive, Suite 210

Burlington, MA 01803-4511

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, NH (signature) (signature)

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

Date Date

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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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N

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 shail 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 shail furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the nght 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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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.

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 Citv 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.

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.

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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decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any work
affected by a conflict, error, omission, or discrepancy which has been performed by Professional
Engineer prior to having received the City of Nashua's resolution shall be at Professional
Engineer's risk and expense. At all times, Professional Engineer shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract
or determination of the City of Nashua. Professional Engineer is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its failure to
do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Professional Engineer 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional Engineer
shall:

—

Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or subcontracts specified in the notice, and
revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a

written notice from the City of Nashua to resume performance.

In the event of a termination, abandonment, or suspension at will, Professional Engineer shall
receive all amounts due and not previously paid to Professional Engineer for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for
work thereafter completed as specified in the notice. No amount shall be allowed or paid for
anticipated profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Professional Engineer in the event of a failure by Professional
Engineer to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress
on the work in a timely and professional manner. Professional Engineer shall be given an
opportunity for consultation with the City of Nashua prior to the effective date of the termination.
Professional Engineer may terminate the contract on 10 calendar days written notice if, through
no fault of Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45
days after the date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Professional Engineer shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the City of Nashua with a list of all unperformed services.

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