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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

July 28, 2021
Memo #22-154

TO: Mayor Donchess
Finance Committee

SUBJECT: Construction Engineering for Phase 2 of the Pump Station Upgrade Project in the amount
not to exceed $427,600 funded from accounts 81700 Infrastructure Improvements

Please see attached communications from David Boucher, Superintendent of the Wastewater Department,
dated July 22, 2021 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item: Installation of and 2 year contract to monitor 4 flow meters on interceptors within
the Wastewater collection system

Value: $427,600

Vendor: Wright Pierce of Topsham, ME

Department: 169 Wastewater
Source Fund: 53107 Architect & Engineering Services

Ordinance: Pursuant to § 5-84 Special purchase procedures. A/ (5) Purchases from a sole
manufacturer, where it is determined to be more efficient and economical to
reduce costs of maintenance of additional repair parts, supplies or services.

The Board of Public Works (7/22/21 BPW meeting), Division of Public Works: Wastewater, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: D Boucher
C O'Connor

To:

From:

Re:

D. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: July 22, 2021

David L. Boucher, Superintendent
Wastewater Department

Pump Station Upgrades Phase II — Construction Phase Services

To approve the contract with Wright Pierce of Thompson, ME in an amount not
to exceed $427,600 for construction administration services for the Pump Station
Upgrades Phase II Project. Funding will be through: Department: 169-
Wastewater; Fund: SRF Loan; Activity: Pump Station Upgrades Phase II.

Wright Pierce Engineering Cost Summary

The Phase II Pump Station Upgrades Project will be for upgrades to the remaining
8 pump stations. The first six pump stations, which were part of the Phase I Pump
Station upgrades were completed in May 2021. Wright Pierce provided
construction phase services for the Phase I project. They have managed the project
satisfactorily and came in under budget for final costs. This motion is to award the
construction phase services of the Phase II project to Wright Pierce.

Construction is estimated to last 21 months and will be a bigger project than the
Phase I upgrades. Wright Pierce’s services include residential engineering and
construction administration. Their cost proposal, at approximately 8% of the
$5,413,475 construction costs, is reasonable at $427,600.

Page 1 of 2

ENGINEERING CONSTRUCTION PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITY AFOMAN OF NASHUA, NEW HAMPSHIRE

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

2021, by and between City4oewrof NASHUA, NEW HAMPSHIRE hereinafter called the OWNER, and WRIGHT-PIERCE
hereinafter called the ENGINEER.

WITNESSETH:

WHEREAS, the OWNER intends to construct Treatment Works in accordance with the contract drawings and bidding

documents for the "Wastewater Pump Station Upgrades - Phase 2" dated May 2021 and prepared by Woodard &
Curran,
Hereinafter called the PROJECT, and

WHEREAS, professional sanitary engineering services will be required for construction administration, resident
engineering and related services, 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:

Construction Phase Engineering Rev 9/2020
Pump Stations Upgrades — Phase II

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 2 of 6
For Professional Services for Treatment Works

|. SERVICES TO BE PERFORMED BY THE ENGINEER

A. Upon execution of this AGREEMENT, the ENGINEER shall proceed with the general administration of
construction and (faltime part-time) inspection by qualified personnel of the contractor's work to assure
compliance with the contract documents and any coincident or subsequent changes or change orders for the
construction of the treatment works for the (Fewa/City) of Nashua, New Hampshire, Wastewater Pump
Stations Upgrades — Phase 2. Said services shall include, but shall not necessarily be limited to:

1. General Construction Administration
a. Updating and modifications of contract documents to meet changed site and project conditions or
variations in State or Federal requirements.

Completion of formal contract documents for the award of contracts.

Checking detail construction, shop and erection drawings submitted by the contractor.

Reviewing laboratory, shop, and mill test reports of materials and equipment.

Preparation of drawings and technical material as required to supplement and/or clarify the contract

documents.

g. Review, verification, and approval of estimates for periodic and final payments to the contractors for
submittal to the OWNER and the DIVISION.

h. Periodic inspection of work and final inspection.

i. Observing and reporting performance and qualifying tests required by specifications.

j. Keeping daily records of construction progress and compiling same into progress reports for submission
to the OWNER and DIVISION.

k. Verifying and keeping records of construction items of work accomplished for use as a basis of checking
contractors’ monthly estimates.

|. Consultation and advice during construction.

m. Determination of need for and preparation of change orders for approval by the OWNER and DIVISION
based on conditions found during construction and/or additions or modifications to the work requested
by the OWNER and approved by the ENGINEER and the DIVISION and implemented at a price
recommended by the ENGINEER as equitable. For change order items exceeding $10,000, the ENGINEER
shall prepare an independent cost estimate.

n. Determination of “equality” for substitution of materials and equipment specified and securing DIVISION

approval thereof.

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p. Preparation of application, supporting and associated documents for Federal, State, and other grant or
loan programs, including monthly reimbursement requests. Refer to Exhibit A — Federal and State
Reporting Requirements.

q. Preparation of certificate of substantial completion and contract completion.

r. Assist the OWNER in obtaining the required project related approvals of State and Federal agencies.

Construction Phase Engineering Rev 11/2020
Pump Stations Upgrades — Phase II

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 3 of 6
For Professional Services for Treatment Works

Resident Inspection and Other Special Services

a. The ENGINEER agrees to provide atleast ene Registered Professional Cit Engineer a part-time Resident

Project Representative (RPR) on the project site and one or more inspectors as necessary (fulter part
time) to assist the ENGINEER in the work of General Administration as described under | (A) and in
observing construction activity for compliance with the contract documents and any associated change
orders. The budgeted effort is based on 2 days per week over a 78 week period for RPR services (total
of 1,248 hours). The DIVISION shall be notified in writing of the name of the RPR residentengineer,
assistantengineers, and construction inspecters-and shall be provided with a brief history of-the RPR

residenterngineers construction experience. The RPR resident engineerandhisinspecters shall be in the
employ of and under direct control of the ENGINEER. It is further agreed that failure of the RPR resident

engineer to administer the PROJECT to the satisfaction of the DIVISION or OWNER is deemed to be
sufficient basis for his removal from the PROJECT and replacement.

b. The ENGINEER agrees to provide supervision of initial startup and operation and for services during the
twelve-month warranty period and to prepare the Project Performance Certification and associated
documentation.

c. Preparation of an Operation and Maintenance Manual for approval by the DIVISION. After DIVISION
approval, the ENGINEER agrees to supply four (4) sets of the completed manual to the OWNER, and an
electronic version of the document for the DIVISION.

d. Preparation of record drawings of the work as constructed. Two (2) sets of prints to be furnished to the
OWNER, and an electronic version of the stamped and signed drawings for the DIVISION.

Il. 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.

C. The OWNER also agrees to comply with DIVISION and Federal (Where applicable) requirements as they relate to
this project.

Ill. 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:

Statements will be rendered (with modifications if necessary) monthly with billing by the hour and rate by
labor category with mark up and incidental expenses in accordance with the attached fee schedule.

2. The OWNER agrees to pay and the ENGINEER agrees to accept for all services under this AGREEMENT, a fee
not to exceed Four Hundred Twenty-Seven Thousand Six Hundred Dollars ($427,600.00).

B. Limits of All Payment

1. The ENGINEER further agrees that the following fee for his services under | (A)(1), for Construction
Administration on this PROJECT, (exclusive of work performed by resident engineering staff) is adequate to
complete the work and shall not exceed Two Hundred Fifty Thousand Six Hundred Dollars($250,600.00).

Construction Phase Engineering Rev 11/2020
Pump Stations Upgrades — Phase II

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 4 of 6
For Professional Services for Treatment Works

2. Payment to the ENGINEER for resident engineering and other special services shall be as follows:

a. Resident engineering and supporting staff (as agreed to by the OWNER and DIVISION) as described
under | (A) (2) (a) for a period of 156 working days, an amount not to exceed One Hundred Twenty-Five
Thousand Three Hundred Dollars ($125,300.00).

b. Overtime shall be converted to equivalent fractions of 8-hour days. If the number of working days for
inspection personnel stated above is not sufficient to provide adequate inspection of the PROJECT, it is
agreed that the additional cost of resident services may be negotiated with the OWNER and the
DIVISION.

c. For supervision of initial start-up and operation of the project and Project Performance Certification as
described under | (A) (2) (b), during a period of twelve (12) months, an amount not exceed Twenty-Two
Thousand One Hundred Dollars ($22,100.00).

d. For preparation of the Manual as described under | (A) (2) (c) and instructions on its use, an amount not

to exceed Seventeen Thousand Three Hundred Dollars ($17,300.00).

Dollarc {S )
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Orars

f. For preparation of the Record Drawings as described under | (A) (2) (d), an amount not to exceed Twelve
Thousand Three Hundred Dollars ($12,300.00).

ADDITIONAL COVENANTS

The ENGINEER agrees to provide 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*

Jeffrey R. Pinnette, PE, Wright-Pierce, 230 Commercial Way, Suite 301, Portsmouth, NH 03801

* 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 Project Engineer to administer the PROJECT to the
satisfaction of the OWNER and/or DIVISION is deemed sufficient basis for his removal and replacement.

The ENGINEER agrees to be solely responsible for all bills or claims for payment for services rendered by others
and for all services and materials employed in his work, and to indemnify and save harmless the OWNER, and all
the OWNER'S officers, agents and employees against all suits, claims or liability of every name and nature arising
out of or in consequence of the negligent acts or failures to act of the ENGINEER or others employed by him in
the performance of the work covered by this AGREEMENT.

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 arise from his performance and
the performance of his employees under this AGREEMENT.

All documents, including original drawings, design calculations, work sheets, field notes, estimates, and other
data shall remain the property of the OWNER; they shall be transmitted to the OWNER in clean and orderly

Construction Phase Engineering Rev 11/2020
Pump Stations Upgrades — Phase II

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 5 of 6
For Professional Services for Treatment Works

condition on demand by the OWNER; however, these may be left in the possession of the ENGINEER at the
OWNER'S discretion.

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

F. It is further agreed that before any construction is undertaken the ENGINEER will assist the OWNER or his
authorized agent in providing the DIVISION with clear documentation certifying that the purchases of land have
been secured to provide for location of the treatment works and other associated structures and equipment as
shown on the construction plans or described in the specifications. Similar documentation shall be submitted on
approvals from the State Highway Department regarding location of the treatment works and other project
related facilities within rights-of-way and other lands under its jurisdiction.

G. The ENGINEER also agrees to provide in active residence and full time control at the site of the proposed
construction a DIVISION approved RPR registered-civi-engineer and DIVISION approved inspectors (fulttime,
part time) as needed with the experience and other approved background to assist the ENGINEER in the work of
General Administration and to assure contractor’s conformance with the plans and specifications and any
approved coincident or subsequent changes or change orders related to the PROJECT. The resident registered
engineer for the life of this contract shall be

Michael C. Patrick, Wright-Pierce, 230 Commercial Way, Suite 301, Portsmouth, NH 03801
(Name and Address)
(Append resume describing Candidate’s qualifications)

Any Proposed change in the identity of the resident engineer on this PROJECT must first be approved by the
DIVISION before transfer of responsibility is made. Additionally, if it is found by the DIVISION that a resident
engineer (or inspector) cannot or will not administer the PROJECT in a manner satisfactory to the DIVISION, the
ENGINEER agrees to replace him promptly upon receipt of a written request from the DIVISION with a qualified
resident engineer who will acceptably administer the PROJECT. It is further agreed that failure of the ENGINEER
to abide by the above covenant is sufficient cause for removal from the DIVISION’S Roster of Prequalified
Engineers.

V. OWNER'S TERMS AND CONDITIONS

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

Construction Phase Engineering Rev 11/2020
Pump Stations Upgrades — Phase II

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 6 of 6
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:

WRIGHT-PIERCE

By: Date:
(Authorized Representative’)

OWNER:

CITY OF NASHUA, NEW HAMPSHIRE

By: Date:
(Authorized Representative’)

APPROVED:?

DEPARTMENT OF ENVIRONMENTAL SERVICES: Water Division

By: Date:
(Authorized Representative’)

1 Signatures should be supported by appropriate document.

2 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.

Construction Phase Engineering Rev 11/2020
Pump Stations Upgrades — Phase II

230 Commerce Way, Suite 302
Portsmouth, NH 03801
603.430.3728 | www.wright-pierce.com

|, Ryan T. Wingard, hereby certify that | am the duly elected Clerk of Wright-Pierce.

| certify that the following is a true copy of a vote taken at a meeting of the board of directors of the
corporation, duly called and held on April 22, 2021, at which a quorum of the board was present and voting.

VOTED:

That any one or all of the following officers of Wright-Pierce, on behalf of the corporation, are authorized to
execute all Wright-Pierce contracts, both service agreements and general contractual obligations:

e Paul F. Birkel, Executive Vice President

e John W. Braccio, President/CEO

« Richard N. Davee, Vice President

e Steven C. Hallowell, Vice President

e Edward J. Leonard, Vice President

e Christopher N. Pierce, Vice President

e Richard G. Protasowicki, Vice President

« Laura J. Riley, Vice President/Treasurer/CFO
e« Timothy R. Vadney, Vice President

« RyanT. Wingard, Vice President/Clerk

| hereby certify that said vote has not been amended or repealed and remains in full force and effect.

Ryan T Wingard, Clerk \\\ wy
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April 22, 2021

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Engineering a Better Environment

A regular meeting of the Board of Aldermen was held Tuesday, December 12, 2017, at 7:30 p.m. in the
Aldermanic Chamber.

President Brian S. McCarthy presided; City Clerk Patricia Piecuch recorded.
Prayer was offered by City Clerk Patricia Piecuch; Alderman Wilshire led in the Pledge to the Flag.

The roll call was taken with 13 members of the Board of Aldermen present; Aldermen Clemons and Siegel were
recorded absent.

His Honor, Mayor Jim Donchess, and Corporation Counsel Steven A. Bolton were also in attendance.

REMARKS BY THE MAYOR

Mayor Donchess

In the past week or so, Nashua was recognized as being the safest city in the United States, among 180 cities
who were rated by WalletHub. They rated all of these communities based on a number of criteria, not only the
crime rate but the rates of health insurance, unemployment rates and many other criteria. | think it’s a great
honor for us. It makes us feel safe in our homes and in our businesses. So | think this is in recognition of what
many people are doing across the community, not only in the city government but certainly our police
department is a big contributor. We’ve got some members of the police department here and many other
people who are working to make the community stronger.

It’s the holiday season, Mr. President. | wanted to mention some of the things that our departments are doing
to celebrate the holiday season. Park & Rec held Santa in the Park on Saturday for many years. Alderman
Schoneman was there, as usual, cooking chestnuts, which was very nice. In addition, the Park & Rec
department did the Senior Lunch at the Radisson on Sunday. Three hundred seniors were there and were able
to celebrate the holiday season with Alderwoman Mary Ann Melizzi-Golja, as well as Alderman June Caron,
and other members of the city staff. The fire department is also doing a lot. They will be distributing winter
coats and boots for children at five of the elementary schools, and | think that’s going to take place on
December 21. And then closer to Christmas, they will be distributing a whole number of turkey dinners to
families who are in need. The police department will be working to distribute toys very near to the Christmas
holiday. In addition to this, the police department was very involved in our Community Center holiday party for
seniors and kids, which was held a week ago Saturday. Members of the department picked up 70 Christmas
trees from the lot — as rent for the lease that we have with the Christmas tree lot on Broad Street — and
distributed those Christmas trees to 70 families in need, or who could not otherwise afford the trees, in the
Crown Hill neighborhood on that same day. At the Senior Center, the Lions Club did their annual holiday
breakfast. Alderman Caron was there, as well as Treasurer Fredette who both are very involved in the Senior
Center. They had the breakfast and they did the gingerbread house competition, which was really nice.

So there are many things that are going on with our departments and, of course, with many other independent
agencies throughout the communities to celebrate the holidays.

| did want to mention, Mr. President, R-17-160. | appreciate the endorsement by the Budget committee of that
resolution. It will help us to launch a one-year pilot regarding the recovery coaching of our project with Revive
Recovery, and will help us to strengthen the community’s response to the ongoing national opioid crisis.

Since this is the last meeting before the holidays, | want to wish each member and their families a wonderful
holiday season.

RESPONSE TO REMARKS OF THE MAYOR
Alderman Schoneman

| want to echo the Mayors comments about Santa in the Park. | think it's a great event. And just to call
attention to the Friends of Greeley Park who co-sponsored that event with Public Works and Parks & Rec to