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To:

From:

Re:

G. 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 — Castings

To approve the purchase of manhole and catch basin castings from Concord Winwater
Works Co. of Concord, NH in the amount of $362,038.50. Funding will be through:
Department: 169 Wastewater; Fund: Wastewater; Activity: Sewer Structures.

Casting Quantity Quote Sheet

Approximately 23 miles of roadways will be paved this year as part of the annual
paving program, completed under two contracts. Associated work includes replacing
all broken and non-standard manhole and catch basin castings. To minimize material
costs, the City purchases the castings in bulk and supplies them to paving contractors
for installation.

Concord Winwater was selected via bidding in 2019 has successfully supplied the City
with castings for the last two years, ensuring uniformity in castings from year to year.
We find their pricing to be competitive and all castings meet DPW specifications.

City of Nashua
DPW - Engineering Department
2021 Paving Program - Castings

Item No. Quantity Units DESCRIPTION Unit Price 2021 = Total Price
1 720 EA Catch Basin Grates
_$ 76.69 $ 55216.80
2 210 EA Drain Manhole Covers with Raised Letters "DRAIN",
$ 153.33 $ 32,199.30
3 630 EA Sewer Manhole Covers with Raised Letters "SEWER".
$ 153.33 $ 96,597.90
4 250 EA 4 Flange Catch Basin Frames with 4" Rise
$ 111.24 $ 27,810.00
5 370 EA 3 Flange Catch Basin Frames with 4” Rise
$ 105.69 $ 39,105.30
6 50 EA 4 Flange Catch Basin Frames with 8" Rise
8 $ 135.31 §$ 6,765.50
7 50 EA 3 Flange Catch Basin F ith 8” Ri
nge Catc sin Frames wi ise $ 127.49 § 6,374.50
8 840 EA Manhole Frames with 6" Rise $ 116.63 $ 97,969.20
TOTAL BID PRICE IN FIGURES $ 362,038.50

Total of Bid Items Thee hued Sixty tes HoemA Ph ints Quphr
(words)
Pola park Py conte,

*All units shall be US products.

“All units shail be Heavy Duty.

“Prices are to be quoted FOB delivered to the City of Nashua laydown yard at 6 Riverside St, Nashua, NH 03062.

*Shop Drawings and Certificates of Comp iance will be required.

upplier: Caner Wistatar Co,

uthorized Signature: blogs.

ate: i - 24-2!

ddress: /2 Strlavist St: Concord, Nt OBB!
none G07- 243-Gato

nail Address: Larhuserns @ DSTA tte pore S, qn,

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 #21-099

TO: Mayor Donchess
Finance Committee

SUBJECT: Engineering Services for 2021 Sewer Rehabilitation Program in the amount not to exceed
$249,494 funded from bond fund account 81700 Infrastructure Improvements

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

Item: Engineering to assist with the sewer rehabilitation program to address aging,
deteriorating and failing sewer infrastructure.

Value: not to exceed $249,494

Vendor: Hayner Swanson Inc

Department: 169 Wastewater
Source Fund: Bond/81700 Infrastructure Improvements

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:

E. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 25, 2021

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

2021 Sewer Rehabilitation - Engineering Services

To approve the engineering services contract for assistance with the sewer
rehabilitation program with Hayner Swanson, Inc. of Nashua, NH in an amount not
to exceed $249,494 pending bond approval. Funding will be through Department
169 Wastewater; Fund: Bond; Activity: Sewer Infrastructure Improvements.

In 2018, the budget for sewer rehabilitation was expanded to $5 million dollars per
year to address aging, deteriorating, and failing sewer infrastructure. The City
engaged Hayner Swanson Inc. (HSI) to provide sewer rehabilitation program
design and construction services support. The work is closely coordinated with the
City’s paving program, which HSI also helps support.

HSI has provided satisfactory service to date, as such, we are requesting to again
contract with HSI to continue their sewer rehabilitation program efforts. The scope
of services includes, but is not limited to, prioritizing sewer segments for inspection
and rehabilitation based on record information, reviewing sewer video inspection
reports and making recommendations for rehabilitation, coordinating with utility
projects and the paving program, preparing plans and specifications for bidding
and/or contract change orders, and providing construction administration. HSI's
current work on the City’s paving program makes the coordination of sewer, paving
and utility projects more efficient.

10/23/2017 Unofficial Property Record Card

Unofficial Property Record Card - Nashua, NH
General Property Data

Parcel ID 0000B-01058 Account Number 4458
Prior Parcel !D -B-1058-HCRD 1966
Property Owner BOUDREAU, BIRNA REV TRUST Property Location L NEW SEARLES RD
BOUDREAU, BIRNA TRUSTEE Property Use RES ACLNDV
Mailing Address 25 NEW SEARLES RD Most Recent Sale Date 11/24/2015
Legal Reference 8810-879
City NASHUA Grantor BOUDREAU, BIRNA,
Mailing State NH Zip 03062-3444 Sale Price 2,667
ParcelZoning R9 Land Area 0.275 acres

Current Property Assessment

Card 1 Value Building Value 0 Xtra Features Value 0 Land Vaiue 81,000 Total Value 81,000
Building Description

Building Style N/A Foundation Type N/A Flooring Type N/A
# of Living Units N/A Frame Type N/A Basement Floor N/A
Year Built N/A Roof Structure N/A Heating Type N/A
Building Grade N/A Roof Cover N/A Heating Fuel N/A
Building Condition Average Siding N/A Air Conditioning 0%
Finished Area (SF) N/A Interior Wails N/A # of Bsmt Garages 0
Number Rooms 0 # of Bedrooms 0 # of Full Baths 0
# of 3/4 Baths 0 # of 1/2 Baths 0 # of Other Fixtures 0

Legal Description

Desc: HCRD 1966
Narrative Description of Property

This property contains 0.275 acres of land mainly classified as RES ACLNDV with a(n) N/A style building, built about N/A , having N/A exterior and N/A roof cover, with N/A unit(s), 0 room(s), 0
bedroon((s), 0 bath(s), 0 half bath(s).

Property Images _
ie IMAGE —

No Sketch |

Disclaimer: This information is believed to be correct but is subject to change and is not warranteed.

hitp://assessing.gonashua.com/RecordCard.asp 1/2

CONTRACT FOR PROFESSIONAL SERVICES

2021 SEWER REHABILITATION PROGRAM
ENGINEERING SERVICES

A CONTRACT BETWEEN

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

HAYNER/SWANSON, INC.
and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER

3 CONGRESS STREET, NASHUA, NH 03062
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; and
Exhibit B—Hayner/Swanson Proposal dtd February 11, 2021

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.

AG 1 of 3

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.

DESCRIPTION OF WORK:

To provide professional services in support of the City of Nashua's Rehabilitation Program of
existing sewerage pipe and structures. The work shall focus on planning, investigation and
engineering related to the 2021 program.

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work by December
31, 2021 and shall 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

TWO HUNDRED FORTY-NINE THOUSAND FOUR HUNDRED NINETY-FOUR and 00/100 DOLLARS
($249,494.00)

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

Please_do 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:

AG 2 of 3

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:

CITY OF NASHUA REPRESENTATIVE: HAYNER/SWANSON REPRESENTATIVE:
Daniel Hudson, P.E. — City Engineer John Vancor, P.E. — Vice President

Division of Public Works, Engineering Hayner/Swanson, Inc.

9 Riverside Street 3 Congress Street

Nashua, NH 03062 Nashua, NH 03062

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) \_ Bpymer /Swanson, Inc. (signature)
James W. Donchess, Mayor John C. Vancor, P.E.
(Printed Name and Title) (Printed Name and Title)
41261202\
Date Date

AG 3 of3

SND Ww FY SN

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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
Ciry 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

GC 1 of 12

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, 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 nghts 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 1n 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.

GC 2 of 12