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City of Nashua

Purchasing Department

Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233
September 9, 2021
Memo #22-169
TO: Mayor Donchess
Finance Committee
SUBJECT: Engineering Consulting in the amount not to exceed $2,600,000 funded from accounts

SFR Loan

Please see attached communications from Daniel Hudson, City Engineer, dated August 26, 2021 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item: Engineering Consulting for implementation of Phase Il of the Capacity,
Management, Operation and Maintenance (CMOM) plan

Value: $2,600,000

Vendor: Hazen and Sawyer

Department: 169 Wastewater
Source Fund: SRF Loan

Ordinance: 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 Board of Public Works (8/26/21 BPW Meeting), The Division of Public Works: Engineering, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: D Hudson
C O'Connor

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: September 9, 2021

Re: Contract Award in excess of S1M — Engineering Consulting

Pursuant to NRO: § 5-74/B: E. Approval by the Finance Committee of a contract award in excess of
$1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled meeting
for final approval prior to award of the contract.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the September 15, 2021 meeting and as such | am requesting the full Board
of Alderman approve the following contract:

Item: Engineering Consulting for implementation of Phase Il of the Capacity,
Management, Operation and Maintenance (CMOM) plan
Value: $2,600,000
Vendor: Hazen and Sawyer
Purchasing Memo#: 22-169 dated September 2, 2021
Contract Term: 1 year
Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www. NashuaNH.gov

To:

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: August 26, 2021

Daniel Hudson, P.E., City Engineer
Engineering Department

CMOM Plan Implementation — Phase I]

To approve the engineering consultant contract with Hazen and Sawyer of
Manchester, NH for the CMOM Implementation Phase I] in an amount not to
exceed $2,600,000. Funding for this contract will be through Department 169
Wastewater; Fund: SRF Loan; Activity: CMOM Phase II. (Pending approval)

As part of the City’s wastewater discharge permit, the EPA required a Capacity,
Management, Operation and Maintenance (CMOM) plan be developed to outline
an approach to find a practicable and affordable strategy to clean, repair and
maintain the wastewater and drainage collection systems so they can provide a
maximum level of service. A CMOM plan was completed by consultant
CDM/Smith in April 2018 to develop a process for inspecting and assessing the
over 497 miles of pipe comprising the wastewater and stormwater collection
systems. In October 2018, consultant Hazen and Sawyer was contracted to
implement the plan in two phases. During Phase I which was completed in February
2021, over 121,000 linear feet of the oldest and largest wastewater sewers and over
24,000 linear feet of storm drains and culverts were cleaned and inspected using
closed circuit television (CCTV). The condition of the pipes was rated and
recommendations for rehabilitation were made. In addition, Hazen updated the
City’s GIS collection system mapping with the findings, drafted standard operating
procedures and an Operation and Maintenance Manual for the collection system
infrastructure.

Phase II of the implementation will continue the CCTV inspection of the older and
largest pipes in the collection systems. Pipes located in difficult to reach locations
will also be investigated as well as associated infrastructure such as manholes,
headwails, and force mains. In anticipation of the necessary work, the City has
requested to enter into a $2.6 million State Revolving Fund (SRF) loan agreement
for the CMOM Implementation Phase II work, which is going through the NHDES
approval process. This contract will be awarded pending the acceptance of the loan
by the City.

ENGINEERING REPORT PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITY APOMAN OF NASHUA, New HAMPSHIRE

This AGREEMENT made and entered into at HILLSBOROUGH County, New Hampshire, this day of 2021,

by and between City/Town of NASHUA, NEW HAMPSHIRE hereinafter called the OWNER, and HAZEN and SAWYER
hereinafter called the ENGINEER.

WITNESSETH:

WHEREAS, the OWNER intends to continue with Phase Il of the Development and Implementation of a Capacity,

Management, Operation, and Maintenance (CMOM) Program hereinafter called the PROJECT, and
WHEREAS, professional sanitary engineering services are required to prepare an engineering report, and
WHEREAS, such services are of a distinct professional nature and hence not subject to the bidding process,
NOW THEREFORE, in consideration of these premises and of the mutual covenants herein set forth, the OWNER

hereby employs the ENGINEER to furnish the following engineering services in connection with the proposed PROJECT;
and it is agreed by and between the OWNER and the ENGINEER as follows:

ENGINEERING REPORT PHASE CONTRACT Page 2 of 5
For Professional Services for Treatment Works

|. SERVICES TO BE PERFORMED BY THE ENGINEER

A. The ENGINEER agrees to produce a complete and definitive Engineering Report to meet current division requirements
and to perform any and all engineering incidental thereto. The detailed scope of the work is as outlined in the attached
Exhibit A - Scope of Work for Engineering Services dated August 2021.

C. Furnish_hard copies and / or pdf files in accordance with Exhibit A deliverables ef+he-—Engineering Resert to the
OWNER and tve-2}-cepies to the New Hampshire Department of Environmental Services, Water Division, hereinafter
called the DIVISION. Additional copies to be available at cost.

E. Provide the DIVISION with one copy of design calculations, work sheets, field notes, estimates and other data generated
in preparing the Engineering Report in a form satisfactory to the DIVISION.

i. THE OWNER'S RESPONSIBILITIES

A. Assist the ENGINEER by placing at his disposal all available information pertinent to the PROJECT, including previous
reports and other data relative to the reports.

B. Make provisions for the ENGINEER to enter upon public and private lands, municipal facilities and industrial
establishments as required to perform work under this AGREEMENT.

Wl. Time of Completion

A. The ENGINEER agrees that he will submit to the DIVISION and the OWNER for approval after modification or revision
as recommended by the DIVISION and agreed to by the ENGINEER the completed report within 730 consecutive
calendar days following the acceptance of the contract by the OWNER, and deliver same to the OWNER within 60
calendar days following the date of final approval by the DIVISION.

B. Itis agreed by the parties to this contract that failure by the ENGINEER to complete the work within the time stipulated
under Ill, A, above may be considered sufficient basis for the debarment of the ENGINEER from the DIVISION'S Roster
of Prequalified Engineers as provided for under New Hampshire Code of Administrative Rules Env-Wq 603.08, or the
Assessment of liquidated damages as provided for under RSA 485A: 4, XII.

IV. COMPENSATION TO BE PAID THE ENGINEER
A. Method of Payment Amount of Fee
1. Payment to the ENGINEER, for services rendered, shall be according to the following schedule:

2. Monthly billing based on hours and rates by labor category with markup and incidental expenses in accordance
with the attached Exhibit B — Fee Schedule.

3. The OWNER agrees to pay and the ENGINEER agrees to accept for all services under this AGREEMENT, a fee not to
exceed Two Million Six Hundred Thousand and 00/100 Dollars ($2,600,000.00), and the ENGINEER agrees that the
work proposed is sufficient to satisfactorily complete the study and that the monies to be paid are adequate.

Rev. 2020-11

ENGINEERING REPORT PHASE CONTRACT Page 3 of 5
For Professional Services for Treatment Works

The attached fee schedule with labor category, hours, hourly rate, markup, incidental expenses, and fees for special
services, shall be the basis for billing for engineering services.

a. The ENGINEER agrees that prior to submitting the report to the DIVISION for formal approval he shall make
revisions in the report as recommended by the DIVISION and agreed to by the ENGINEER without additional
compensation. After formal approval if it becomes necessary to update the report for reasons beyond the
control of the ENGINEER, payment for such revision or revisions shall be made to the ENGINEER on a basis to be
negotiated with the DIVISION.

V. ADDITIONAL COVENANTS

A. The ENGINEER agrees to assign in active charge of this PROJECT for the life of the contract a Project Engineer who is a
permanent employee of the ENGINEER and who a “qualified sanitary engineer” is as defined under the DIVISION'S
“Rules and Regulations for the Prequalification of Consulting Engineers.” The Project Engineer shall be?

Alberto Angles, Jr, P.E ,1750 Elm St, Suite 402, Manchester, NH 03101

Resume clearly describing the candidate's qualifications for the assignment is appended for convenience of reference.

Any proposed change in identity of the Project Engineer on the PROJECT shall first be approved by the DIVISION before
transfer of responsibility is made. Failure of the ENGINEER to abide by the above covenant is agreed to be sufficient
basis for debarment of the ENGINEER from the DIVISION'S Roster of Prequalified Consulting Engineers as provided for
under New Hampshire Code of Administrative Rules Env-Wq 603.08.

ef the—werkeevered_by this AGREEMENF Reference Exhibit C and Item 12 which contains the OWNER’S

Indemnification General Term and Condition clause.

C. The ENGINEER further agrees to procure and maintain at his expense such workmen's compensation insurance as is
required by the statutes and public liability insurance in amounts adequate to provide reasonable protection from
claims for bodily injury, death or property damage which may result from his performance and the performance of his
employees under this AGREEMENT.

D. All documents, including original drawings, design calculations, work sheets, field notes, estimates, and other data shall
remain the property of the OWNER and shall be transmitted to the OWNER in clean and orderly condition on demand;
however, these may be left in the possession of the ENGINEER at the OWNER'S discretion. ENGINEER may retain one
copy of the information produced under this Agreement for archival purposes.

E. The ENGINEER shall not sublet, assign or transfer any part of the ENGINEER'S services or obligations under this
AGREEMENT without the prior approval and written consent of the OWNER and the DIVISION, and the contract shall
be binding upon and inure to the benefit of the parties, their successors and assigns.

Vi. OWNER’S TERMS AND CONDITIONS

Exhibit C- City of Nashua Professional Services General Terms and Conditions, is hereby incorporated by reference as
if fully set forth herein.

1 See appended resume describing the candidate's qualifications for the assignment.

Rev. 2020-11

ENGINEERING REPORT PHASE CONTRACT Page 4 of 5
For Professional Services for Treatment Works

IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals at HILLSBOROUGH County, New Hampshire,
the day, month, and year first above written.

ENGINEER:

Hazen and Sawyer
J 09/01/2021

By: a Date:
(Authgrized Re presentative’)

OWNER:

City of Nashua, New Hampshire

By: Date:
(Authorized Representative?)

APPROVED:?
DEPARTMENT OF ENVIRONMENTAL SERVICES: Water Division

By: Date:
(Authorized Representative?)

2 Signatures should be supported by appropriate document.
3 itis agreed that as an act in furtherance of its statutory authority to approve engineering agreements for treatment works, the DIVISION's approval does not impose
any contractual obligation or liability on the State of New Hampshire, the Department of Environmental Services or the Division.

Rev. 2020-11

Page 5 of 5

CERTIFICATION OF VOTE

At a meeting of the Shareholders and Directors of Hazen and Sawyer held on_ April 24, 2021

uum

at which all the Partners/Directors were present, except nla

it was

VOTES: That all contracts may be signed by any one of the following:

Officers of the Firm, including Chairman of the Board, the President and all Vice Presidents.

A true copy
Attest: William Crayon

Place of Business: 498 Seventh Avenue, 11th Floor, New York, NY 10018

Date: _ July 30, 2021

| hereby certify that | am the Treasurer and Chief Financial Officer of Hazen and Sawyer, and
that the above vote has not been amended or rescinded and remains in full force and effect as

f Co
A “ f a

Treasurer and Chief Financial Officer

Date: July 30, 2021

NHDES-W-09-025

Cost or Price Summary Format for Sub-agreements Under NH SAG and SRF

Part |: General

Grantee/Loanee Name: City of Nashua

Grant/Loan #: CS-330158-XX (to be assigned)

Contractor/Subcontractor Name: Hazen and Sawyer

Proposal Date: August 2021

Contractor/Subcontractor Address:
1750 Elm Street, Suite 402,
Manchester, NH 03101

Services Furnished:
Professional Engineering Services

Street name and number City/Town State ZIP
Part Il: Cost Summary
Direct Labor (Specify labor categories) Hours Hourly Rate Estimated Totals
(Est.) Cost
PROJECT DIRECTOR 57 $90.00 $5,130
PROJECT MANAGER 1,067 $70.00 $74,690
SR. ASSOCIATE 618 $72.00 $44,496
ASSOCIATE 464 $53.00 $24,592
SR. PRINCIPAL ENGINEER 1,250 $48.00 560,000
PRINCIPAL ENGINEER 2,360 $43.00 $101,480
ENGINEER 2240 $37.00 $82,880
Direct Labor Total $393,268
Indirect Costs (Specify indirect cost pools.) Rate X Base = Est. Cost
179.0 % $393,268 $703,950
Indirect Costs Total $703,950
Other Direct Costs Est. Cost
Travel $9,256
Transportation
Per Diem
Travel Costs Total $9,256
Equipment Materials, Supplies (Specify categories.) Qty. Cost Est. Cost
Printing, postage, telephone, fax, etc. 1 $9,311
Student Manuals 1 $9,000
Equipment Subtotal $18,311
Subcontracts Est. Cost
NWMCC $1,326,000
CPl $14,450
Flow Assessment $25,044
Subcontractors Subtotal $1,365,494
Other (Specify categories.) Est. Cost
Other Subtotal SO
Other Direct Costs Total $1,393,061
Total Estimated Cost $2,490,278
Profit S 109,721
Total Price $2,600,000
Page 1 of 2

Part III Price Summary

Part III Price Summary

Competitors Catalog Listings, In-house Estimates, Prior Quotes
(Indicate basis for price comparison)

Market Price(s)

Proposed Price

Total

Part IV Direct Labor by Category

14. Insert the appropriate work category in the table below. Work categories would include but not be limited to those categories
shown in the Contract Documents such as design, survey, subsurface, cadastral, O&M Manual, administration, inspection, record

drawings, start-up, special services etc.

0 2 |S >
z £ 5 < 2
“ o = = o c
6 2 od 2 3 3 5 = z 2
a a > os =a =
eis |B |~e/8 |§ | aa = |e |2 zg | 2
Work = & > og 3 = ai 2 cc a 3 g
category ¥ e 5 Eg . < Ss g iL 5 n 3 2
o wn vo vo ° - on E oO oO a s
> < 7 = aa S eC, o & o . . c a
s/o |3 |a£/8 | 28) s8 |S) 8 | fe/2 |E /E | F
Z=is |S |>S2leul se ss U2 /F | SF) SelB | F 3
s|e /s | Fs] es flee |t |e | 2s #|/3 )/< | =
wv o °O fe 2m $o| gos a Y = 2 Es | s @ rs Q .
Se 5 |S | ss |§a/5 a ze\/2 |e |Se/sal}s | 2 | 8 | s 8
a oO oO vA va D> “wel £0 a “a a £& a D = oO E fc oO
Project 26 | 12 1 8 0 2 4 0 2 0 0 2 0 57 $90 | $5,130
Director
Project 339 | 84 24 260 108 12 16 4 24 96 72 16 12 1067 | $70 | $74,690
Manager
sr 76 | 24 0 273 24 8 34 0 48 94 12 25 0 618 $72 | $44,496
Associate
Associate | 0 0 0 225 60 0 0 60 |0 70 24 25 0 464 $53 | $24,592
Sr.
Principal 124 | 304 | 40 128 72 52 178 0 32 88 72 80 80 1250 | $48 | $60,000
Engineer
Principal =| 35 |o6 |o sse | 300 | 36 | 68 8 112 | 416 | 264 |50 |92 | 2360 | $43 | $101,480
Engineer
Engineer | 52 | 88 0 1126 | 284 0 0 0 96 332 92 90 80 2240 | $37 | $82,880
TOTALS | 8056 $393,268
Page 2 of 2

Rev. 2020-11