Search

ARTICLE 10 -— LIABILITY

APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to
the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28
U.S.C. 1346(b), 2401(b), and 2671-2680).

ARTICLE 11 —- NON-DISCRIMINATION CLAUSE

The United States Department of Agriculture prohibits discrimination in all its programs and activities
on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status,
familial status, parental status, religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual’s income is derived from any public assistance
program. Not all prohibited bases apply to all programs.

ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS

This agreement shall become effective on July 1, 2021 and shall continue through June 31, 2022, not
to exceed five years. This Cooperative Service Agreement may be amended by mutual agreement of
the parties in writing. The Cooperator must submit a written request to extend the end date at least 10
days prior to expiration of the agreement. Also, this agreement may be terminated at any time by
mutual agreement of the parties in writing, or by one party provided that party notifies the other in
writing at least 30 days prior to effecting such action. Further, in the event the Cooperator does not
provide necessary funds, APHIS-WS is relieved of the obligation to provide services under this
agreement.

In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury
requires a Taxpayer Identification Number for individuals or businesses conducting business with the
agency.

City of Nashua Tax ID No.: 02-6000581
APHIS-WS’s Tax ID: 41-0696271

CITY OF NASUA, FOUR HILLS LANDFILL

James W. Donchess, Mayor - City of Nashua Date

UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES

David Allaben, State Director Date
USDA, APHIS, WS

59 Chenell Dr. Suite 7

Concord, NH 03301

Willie D. Harris Date
Director, Eastern Region

USDA, APHIS, WS

920 Main Campus Drive; Suite 200

Raleigh, NC 27606

WORK PLAN

In accordance with the Cooperative Service Agreement between the Cooperator and the United States
Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife
Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the
period of this agreement.

The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach
(sometimes referred to as IPM or “Integrated Pest Management”) in which a series of methods may be
used or recommended to reduce wildlife damage. These methods include the alteration of cultural
practices as well as habitat and behavioral modification to prevent damage. However, controlling
wildlife damage may require that the offending animal(s) are killed or that the populations of the
offending species be reduced.

Description of Damage:
The Four Hills Landfill is located in the City of Nashua. Accumulation of food waste at the landfill is

an attractant for gulls and turkey vultures. Birds attracted to the landfill have caused conflicts in
neighborhoods adjacent to and nearby the landfill.

Program Objective
To reduce on and off-site conflicts associated with large concentrations of gulls, turkey vultures,

starlings, and woodchucks attracted to the Four Hills Municipal Landfill, Nashua, New Hampshire
through the conduct of an integrated wildlife harassment and monitoring project.

Plan of Action

1. Wildlife Services will staff the integrated bird damage management and monitoring program
five working days (8-9 hours) from July 1, 2021 through June 30, 2022 except government
holidays, mandatory scheduled training days and under extreme weather conditions.

2. Wildlife Services will provide bird harassment training as required of landfill personnel.

3. Wildlife Services will assist the City in obtaining a USFWS depredation permit for 2021-
2022. Wildlife Services will assume responsibility for processing the USFWS permit
application for the City’s signature.

4. Wildlife Services will continue monitoring efforts of wildlife activity and presence at the
nearby Ledgewood Hills condominiums and other surrounding areas deemed to be of concern
to the City and impacted by gulls, starlings or other birds associated with Four Hills Landfill
activities to assess the effectiveness of the integrated gull harassment program. Wildlife
Services will also conduct harassment activities at the Ledgewood Hills condominiums and
other identified nearby properties as necessary and agreed upon, to reduce gull activity and
associated damage to property.

5. Wildlife Services will conduct woodchuck control activities on landfill property to reduce
burrowing activity and potential damage to landfill property as requested.

6. Wildlife Services will conduct starling, pigeon, and house sparrow control activities on
landfill property, as requested, to reduce damage to buildings and equipment.

7. Wildlife Services will provide the City and other interested parties a summary report including
recommendations of integrated harassment activities.

Effective Dates:
The cooperative agreement shall become effective on July 1, 2021 and shall expire on June 30, 2022.

FINANCIAL PLAN
2021-2022

Cost Element Full Cost
Personnel Compensation $60,595.60
Travel -
Vehicles $ 2,958.33
Other Services
Supplies and Materials $ 2,500.00
Equipment -
Subtotal (Direct Charges) $66,053.93
Pooled Job Costs 11.00% $ 7,265.93
Indirect Costs 16.15% $10,667.71
Aviation Flat Rate Collection -
Agreement Total $83,987.58
The distribution of the budget from this Financial Plan may vary as necessary to
accomplish the purpose of this agreement, but may not exceed: $83,987.58

Financial Point of Contact:

Jeff Lafleur, Superintendent
City of Nashua

Solid Waste Department
840W. Hollis St.

Nashua, NH 03062

Phone: (603)589-3410
Email: lafleur@nashuanh.gov

Lori Freeman

USDA, APHIS, WS

59 Chenell Drive, Suite 7
Concord, NH 03301
Phone: (603)223-6832

Lori.Freeman@usda.gov

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

March 31, 2021
Memo #21-096

TO: Mayor Donchess
Finance Committee

SUBJECT: Amendment to Engineering Services for2021 Paving Program in the amount of $242,500
funded from accounts 81704 Paving Bond

Please see attached communications from Daniel Hudson, City Engineer, dated March 25, 2021 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item: Amendment #1 for Engineering Services to the 2021 Paving Program
Value: Requested Amount: $242,500
Original contract approved amount: $398,230 approved 4/30/20 under Finance
Memo 20-102
Change Value | New Total
Amendment #1 $242,500 $640,730
Vendor: Hayner Swanson Inc

Department: 160 Engineering
Source Fund: 81704 Paving Bond

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 (3/25/21 BPW meeting), 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

To:

From:

Re:

I. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: March 25, 2021

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

2021 Paving Program — Engineering Services

To approve the engineering services contract amendment with Hayner/Swanson. Inc.
of Nashua, NH in the amount of $242,500 for the management and construction
administration of the paving program. Department: 160 Admin/Engineering; Fund:
Bond; Activity: Paving.

HSI Proposal (dated February 26, 2021)

Approximately 23 miles of roadways will be paved this year as part of the annual
paving program, completed under two contracts totaling approximately $8.8 million.
Due to the scale of the project, a professional services contract amendment with
Hayner/Swanson. Inc. (HSI) is necessary to assist City Engineering staff with the
overall program management, coordination, construction administration and
observation.

The engineering services required are varied, and HSI’s responsibilities may be
adjusted by the City, based upon the specific needs and City staff workload. HSI works
as an extension of City staff and has been a valuable team member due to their extensive
experience with successfully completing other City projects, their attention to cost
control, and their responsiveness to the City’s needs.

AMENDMENT No. 1

TO

CONTRACT FOR PROFESSIONAL SERVICES

BETWEEN
CITY OF NASHUA

AND

HAYNER/ SWANSON, INC.

This Amendment No.1 made the

ENGINEER).

WHEREAS, an AGREEMENT was entered into on May 7, 2020 between the OWNER and ENGINEER,

day of

2021, by and between The City of
Nashua, New Hampshire (hereinafter called OWNER), and Hayner/Swanson, Inc (hereinafter called

which AGREEMENT is entitled “Pavement Management Engineering Services”.

hereinafter referred to as AGREEMENT.

The AGREEMENT shall be amended to include this Amendment, a copy of which is attached as EXHIBIT A.

CHANGE IN CONTRACT PRICE:
Onginal Contract Price

$398,230.00

CHANGE IN CONTRACT TIMES:
Onginal Contract Times

Contract completion date: December 1, 2020

Net changes from previous Amendments

$0.00

Net change from previous Amendments

0 Days

Contract Price prior to this Amendment

$398,230.00

Contract Times prior to this Amendment

Contract completion date: December 1, 2020

Net Increase (decrease) of this Amendment

$242,500.00

Net Increase (deerease} of this Amendment

395 Days

Contract Price with all approved Change Orders

$640,730.00

Contract Times with all approved Change Orders

Contract completion date: December 31, 2021

Amendment 1 Page 1 of 2
Professional Services

Pavement Management Engineering Services

WITNESS WHEREOF, the parties hereto have made and executed this AMENDMENT to said AGREEMENT
as of the day and year first above written.

—

nC , ODA

HAYNER/SWANSON, INC (signature)

James W. Donchess, Mayor \alain C\funcor \lice ft -deyit

CITY OF NASHUA, NH (signature)

(Printed Name and Title) a Name and Title)
a C10)
Date Date
Amendment 1 Page 2 of 2

Professional] Services
Pavement Management Engineering Services

RATS T Hayner/Swanson, Ine.

Civil Engineers/Land Surveyors

February 26, 2021

EXHIBIT A

Mr. Daniel Hudson, P.E.
City Engineer

9 Riverside Street
Nashua, NH 03062

Dear Mr. Hudson:

Hayner/Swanson, Inc. (HSI) is pleased to submit this proposal to provide professional services in
support of the City of Nashua’s paving program. Consistent with the services we have provided
in earlier contracts, this work will be performed as an extension of the City Engineering
Department.

We note that the term of our most recent contract was established to run through December 1,
2020. We have been able to continue work beyond this date with a 2020 budget surplus. In this
proposal for the 2021 program, we have incorporated a credit for the remaining unused funds
from the 2020 budget.

The term of this proposed contract will run through December 31, 2021. It is anticipated that the
extent to which support will be needed for the 2022 program will be assessed in Fall 2021,

In this highly integrated effort, coordination and construction administration will be staffed by
both City staff and HSI personnel.

We understand that the services to be provided on the paving program will be varied and will
include management, administration and construction observation. At times, we will be directly
responsible for tasks. At other times, we will work in direct support of City staff. Our
commitment to flexibility and to consistent and clear communication with the City will continue
to be a key element in this program.

We understand that our responsibilities may be adjusted by the City based upon the specific
needs and workload of the City staff. We anticipate that tasks which we may be called upon to
undertake include:

e Overall coordination related to programming and scheduling project work
e Coordination with Stantec as they work to update their pavement condition database
e Coordination with privately owned utilities in advance of and during construction

3 Congress St. Nashua, NH 03062 - (603) 883-2057
131 Middlesex Turnpike, Burlington, MA 01803 - (781) 203-1501
www.hayner-swanson.com