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THE CITY OF NASHUA “The Cate City’

Financtal Services

Purchasing Department

ASIST LTE oe RAR ROBISON REN

May 31, 2018
Memo #18-161

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PAVEMENT MANAGEMENT SERVICES FOR 2018 PAVING PROGRAM (VALUE:
$328,675)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated May 31, 2018
for information related to this purchase.

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 City Engineer, Board of Public Works (May 31, 2018 meeting) and the Purchasing Department

recommend the award of this contract in the amount of $328,675 to Hayner/Swanson, Inc. of Nashua,
NH.

Respectfully,

an Kooken
Purchasing Manager

Cc: S Dookran L Fauteux

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

To:

From:

Re:

E. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: May 31, 2018

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

Pavement Management
Engineering Services

To approve the engineering services contract with Hayner/Swanson. Inc. of Nashua,
NH in the amount of $328,675 for the management and construction administration
of the paving program. Funding is contingent upon the approval of the bonds that
will be funding the multi-year paving project. Department: 160 Admin/Engineering;
Fund: Bond; Activity: Paving.

HSI Proposal

This year, Public Works has taken on a very extensive paving program that includes a
$6.7 Million contract with Newport Construction. $1.1 Million for Brox to pave
streets from last year. $4.4 Million of Federal Highway funds to pave some arterials,
as well as micro surfacing and crack sealing contracts.

A professional services contract which Hayner Swanson (HSI) is necessary to assist
City Engineering staff with the overall management, coordination, construction
administration and observation. The effort in construction coordination is significant
given that there will be multiple crews in several locations at the same time.

HSI’s contract includes preparing for next year’s (2019) paving program, street
selection and evaluating coordination with utilities and preparing plans and bid
documents. This contract will run from July 1, 2018 to March 1, 2019 at which time,
we expect to be awarding the 2019 construction contract. More details of HSI’s
services are in their proposal (attached). DPW continues to recommend HSI for these
types of services because of their experience, their attention to cost control and their
responsiveness to the City’s needs.

CLTST
UV Hayner/Swanson, Inc.

Civil Engineers/Land Surveyors

May 24, 2018

Ms. Lisa Fauteux
Director of Public Works
9 Riverside Street
Nashua, NH 03062

Dear Ms. Fauteux:

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 an earlier contract, this work will be performed as an extension of the City Engineering
Department.

The term of this proposed contract will be from July 1, 2018 through March 1, 2019. Itis
anticipated that the extent to which support will be needed during the 2019 construction season
will be assessed in January 2019.

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, design, bid phase support 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:

¢ Overall coordination related to programming and scheduling project work

* Coordination with Stantec as the specification for pavement repairs is finalized for each
roadway segment

* Preparing, tracking and updating the overall program timeline

« Preparing budget updates as bids are received

¢ Coordination with privately owned utilities in advance of bidding, as well as in advance
of construction

3 Congress St. Nashua, NH 03062-3301 +» (603) 883-2057/5057 (fax) - www hayner-swanson.com

* Assisting in preparation of bid documents including plans, specifications, estimates and
contract requirements

e Review of existing conditions to identify issues such as ADA concerns, existing
driveway or walk puddles, and utility concerns

e Review of bid results, analysis of unit prices and preparation of recommendations for
award

e Assistance during construction start-up including kick-off meetings and establishment of
working and reporting practices with contractors

e Construction observation including measuring and tracking quantities, as well as
preparation of comprehensive daily reports

e Supervision of the construction observation effort, whether performed by HSI or by City
staff

e Compilation of project records

e Administration and support of the construction contract closeout process

We understand that our services in this proposed contract will be expanded from the role we
have played in the past year in several respects:

e With a very significant increase in the amount of pavement preservation and
rehabilitation under contract in the City, HSI will provide more field staff for observation
and coordination of construction.

e HSI will take on a greater role in utility coordination.

e HSI will take on a greater role in coordination with NHDOT/FHWA on contracts which
are funded with remaining federal Parkway funding.

e HSI will take on a greater role in managing the contract of Stantec as they update their
pavement condition database.

* HSI will take on a greater role in managing and scheduling the overall program.

In performing these services, we understand that our efforts will always be as directed by the
City Engineer. At times, we may perform services which the City’s standard General Conditions
for construction contracts assign to the “Engineer”. We note that performing these duties will
not bestow upon us the role and responsibilities of “Engineer” as may be defined in contracts
with construction contractors.

HSI will not be given the authority to stop the Contractor’s work, nor to order the Contractor to
perform work beyond contract limits. If so directed by the City Engineer, we will deliver such
orders on the Engineer’s behalf.

On occasions when City staff may be working under the direct supervision of HSI, we
understand that the City staff will perform work with a standard of care equal to or exceeding the
standard we require of our own staff. City staff working under our supervision on construction
sites will be expected to always wear appropriate safety equipment and maintain detailed
records.

We understand that it is the City’s desire to establish a budget for HSI’s services which will be
performed as directed by the City Engineer. On a monthly basis, we will prepare a report on the
status of our overall budget and submit the report with our invoice. We anticipate that as work
progresses, the specific tasks we work on will vary dependent upon the workload of City staff, as
well as the budget remaining for our support.

We anticipate that our work will fall under four categories:

1. Principal Level: Work under this category will be administrative and supervisory
support. We anticipate that these services will primarily be provided by John Vancor,
P.E. and Paul Hayner, P.E.

2. Engineering and Senior Construction Manager: Work under this category will include
utility coordination, review of technical concerns, preparation of bid documents and
contract coordination with contractors. We anticipate that these services will primarily
be provided by Scott Murphy, P.E. and Ray Gelinas. At times, we anticipate that Ethan
Holmes may be asked to work as a supervisor of City field staff. Such supervisory tasks
would fall under this category.

3. Construction Observation and Technical Support: Work under this category will include
fieid and office work directly associated with construction observation, as well as plan
preparation. We will assign Ethan Holmes and Denis Hayner to the field effort and will
supplement Ethan and Denis’s services with other staff as workload demands.

4. Administrative Support: Work under this category includes administrative efforts
including compilation of records and preparation of documents. This work will be
performed by Karen Blake.

As a basis for establishing the budget for the second year of the City’s five year paving program,

we have estimated an annual work effort by each category. Hourly rates are unchanged from
roles used last year.

Principal Level

Estimate 12 hours/week for 35 weeks = 420 hours

4202 hours x $160/hour = $67,200
Engineering and Construction Manager

Estimate 10 hours/week for 35 weeks = 350 hours

350 hours x $120*/hour = $42,000

*Composite rate used

Construction Observation Support/Coordination
Estimate 100 hours/week for 20 weeks = 2,000 hours
Estimate 40 hours/week for 15 weeks = 600 hours
(coordination during winter shutdown)

2,600 hours x $82*/hour = $213,200
*Composite rate used

Administrative Support

Estimate | hours/week for 35 weeks = 35 hours
35 hours x $65/hour = $2,275
Total Labor Budget = $324,675
Allowance for Expenses = $4,000
(including possible material testing)
Program Budget $328,675

We understand that the actual work performed will be as directed and that the split of work
between categories may vary significantly. We also understand that actual work performed will
be only as directed and may be less than the budget presented.

We propose to provide the services described herein in accordance with the same terms and
conditions used in our current contract to provide similar services.

If you have any questions or comments regarding this proposal, please contact me.
Sincerely,

SOD)

-. Vancor, P.E.
Vice President/Principal Engineer

CONTRACT FOR PROFESSIONAL SERVICES

PAVEMENT MANAGEMENT ENGINEERING SERVICES

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
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
Exhibit B--Scope of Service, 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.

The term of this contract will be July 1, 2018 through March 1, 2019.

4. COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to exceed
THREE HUNDRED TWENTY-EIGHT THOUSAND SIX HUNDRED SEVNTY-FIVE DOLLARS
($ 328,675.00)

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
Atten: Mandeep Gill

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: REPRESENTATIVE:

Stephen Dookran, 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) Hayner/Swanson, Inc (signature)
ty ig ys i

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

Date 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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