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21.

22.

Public Records Law, Copyrights, and Patents Professional Engineer expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Professional
Engineer (including those remitted to the City of Nashua by Professional Engineer pursuant
to paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and
copying by any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or
other materials including but not limited to those contained in media of any sort (e.g.,
electronic, magnetic, digital) prepared by or supplied to Professional Engineer in the
performance of its obligations under this contract shall be the subject of any application
for a copyright or patent by or on behalf of Professional Engineer. The City of Nashua shall
have the right to reproduce any such materials.

Professional Engineer expressly and indefinitely waives all of its rights to bring, including
but not limited to, by way of complaint, interpleader, intervention, or any third party
practice, any claims, demands, suits, actions, judgments, or executions, for damages or any
other relief, in any administrative or judicial forum, against the City of Nashua or any of its
officers or employees, in either their official or individual capacity of the City of Nashua,
for violations of or infringement of the copyright or patent laws of the United States or of
any other nation. Professional Engineer agrees to indemnify, to defend, and to hold
harmless the City of Nashua, its representatives, and employees from any claim or action
seeking to impose liability, costs, and attorney fees incurred as a result of or in connection
with any claim, whether rightful or otherwise, that any material prepared by or supplied
to Professional Engineer infringes any copyright or that any equipment, material, or
process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to
substitute at its expense non-infringing materials, concepts, products, or processes, or to
modify such infringing materials, concepts, products, or processes so they become non-
infringing, or to obtain the necessary licenses to use the infringing materials, concepts,
products, or processes, provided that such substituted or modified materials, concepts,
products, or processes shall meet all the requirements and be subject to all the terms and
conditions of this contract.

Final Acceptance Upon completion of all work under the contract, Professional Engineer
Shall notify the City of Nashua in writing of the date of the completion of the work and
request confirmation of the completion from the City of Nashua. Upon receipt of the
notice, the City of Nashua shall confirm to Professional Engineer in writing that the whole
of the work was completed on the date indicated in the notice or provide Professional
Engineer with a written list of work not completed. With respect to work listed by the City
of Nashua as incomplete, Professional Engineer shall promptly complete the work and the
final acceptance procedure shall be repeated. The date of final acceptance of a project by
the City of Nashua shall be the date upon which the Board of Public Works or other
designated official accepts and approves the notice of completion.

GC 11 of 13

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Taxes Professional Engineer shall pay all taxes, levies, duties, and assessments of every
nature due in connection with any work performed under the contract and make any and
all payroll deductions required by law. The contract sum and agreed variations to it shall
include all taxes imposed by law. Professional Engineer hereby indemnifies and holds
harmless the City of Nashua from any liability on account of any and all such taxes, levies,
duties, assessments, and deductions.

Non-Waiver of Terms and Conditions None of the terms and conditions of this contract
Shall be considered waived by the City of Nashua. There shall be no waiver of any past or
future default, breach, or modification of any of the terms and conditions of the contract
unless expressly stipulated to by the City of Nashua in a written waiver.

Rights and Remedies The duties and obligations imposed by the contract and the rights
and remedies available under the contract shall be in addition to and not a limitation of
any duties, obligations, rights, and remedies otherwise imposed or available by law.

Prohibited Interests Professional Engineer shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Professional Engineer warrants that no officer or employee of the City of Nashua
has any direct or indirect interest, whether contractual, noncontractual, financial or
otherwise, in this contract or in the business of Professional Engineer. If any such interest
comes to the attention of Professional Engineer at any time, a full and complete disclosure
of the interest shall be immediately made in writing to the City of Nashua. Professional
Engineer also warrants that it presently has no interest and that it will not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this contract. Professional
Engineer further warrants that no person having such an interest shall be employed in the
performance of this contract. If City of Nashua determines that a conflict exists and was
not disclosed to the City of Nashua, it may terminate the contract at will or for cause in
accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees
acting with its authority) is convicted of a crime involving a public official arising out or in
connection with the procurement of work to be done or payments to be made under this
contract, City of Nashua may terminate the contract at will or for cause in accordance with
paragraph 8. Upon termination, Professional Engineer shall refund to the City of Nashua
any profits realized under this contract, and Professional Engineer shall be liable to the City
of Nashua for any costs incurred by the City of Nashua in completing the work described
in this contract. At the discretion of the City of Nashua, these sanctions shall also be
applicable to any such conviction obtained after the expiration or completion of the
contract.

Professional Engineer warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Professional Engineer to any officer or
employee of the City of Nashua with a view toward securing a contract or securing
favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City of Nashua

GC 12 of 13

27.

28.

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determines that such gratuities were or offered or given, it may terminate the contract at
will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as
a waiver of any other rights or remedies available to the City of Nashua under this contract
or at law.

Third Party Interests and Liabilities The City of Nashua and Professional Engineer, including
any of their respective agents or employees, shall not be liable to third parties for any act
or omission of the other party. This contract is not intended to create any rights, powers,
or interest in any third party and this agreement is entered into for the exclusive benefit
of the City of Nashua and Professional Engineer.

Survival of Rights and Obligations The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and
effect.

Severability In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or
regulations, the invalidity or unenforceability of any particular provision of this contract
Shall not affect any other provision, the contract shall be construed as if such invalid or
unenforceable provisions were omitted, and the parties may renegotiate the invalid or
unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability.

Modification of Contract and Entire Agreement This contract constitutes the entire contract
between the City of Nashua and Professional Engineer. The parties shall not be bound by
or be liable for any statement, representation, promise, inducement, or understanding of
any kind or nature not set forth in this contract. No changes, amendments, or
modifications of any terms or conditions of the contract shall be valid unless reduced to
writing and signed by both parties.

Choice of Law and Venue This contract shall be governed exclusively by the laws of the
State of New Hampshire and any claim or action brought relating to this contract, the work
performed or contracted to be performed thereunder, or referable in anyway thereto shall
be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial
District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC 13 of 13

CLIST
WAY, Hayner/Swanson, Inc.

Civil Engineers/Land Surveyors
October 19, 2021

Ms. Lisa Fauteux

Director of Public Works

9 Riverside Street EXHIBIT B
Nashua, NH 03062

Dear Ms. Fauteux:

Hayner/Swanson, Inc. (HSI) is pleased to submit this proposal to provide professional services
in our continuing support of the City of Nashua’s rehabilitation program of existing sewerage
pipe and structures. The work shall focus on planning, investigation, engineering and
construction administration related to the completion of the 2020-21 Program; and design
services for the 2022 Sewer Rehabilitation Program. We understand that the services we
provide will effectively be performed as an extension of the City Engineering Department.

HSI will work with City staff in a highly integrated effort. This effort will be similar to services
we are presently providing in support of the City’s on-going sewer rehabilitation program.

We are proud that this unique arrangement has proven to be successful on the 2019, 2020 and
the 2021 programs. This work has been performed with significant savings for the City and with
the burden of administration by City staff minimized.

We understand that the services to be provided on this program will be varied and will include
management, administration, sewer line video assessment, design and construction
observation. At times, we will be the lead 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 be the key to success on this program, as it was key on past projects.

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 will undertake include:

e Coordinate with City Staff regarding known sewer issues.
Review record information including videos, record plans, permits, and resident

complaints.

e Provide sewer line video review in support of the City’s on-going CIPP Sewer Lining
Program.

e Provide recommendations for the 2022 Program to line, repair or replace sewers and
structures.

e Identify and coordinate efforts to obtain additional information needed including survey
of inverts, condition assessments, and video investigation.
Provide utility coordination.

e Assist the City in prioritizing remedial efforts.

e Prepare plans, specifications and Opinion of Probable Cost (OPC) for the 2022 Sewer
Replacement Project.

e Provide assistance and coordination during the bid period, and prepare addenda, if
required.

e Provide support to the City in updating the City’s GIS data to reflect on-going progress.

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

Board of Aldermen Page 26
July 12, 2016

Alderman Deane

Mr. President, | move to allow her to speak.

President McCarthy

If there are no objections we will allow it.
Ms. Olinson

My name is Elaine, and | have been a resident of Nashua for 30 years. I’m really excited about the
partnering of our twin sister. | think it's a wonderful opportunity. | had the opportunity of hosting one of
the sculptors as part of the Nashua International Sculpture Symposium, and had an opportunity to meet
with him for several weeks. Again, | think it’s an amazing opportunity for our wonderful City of Nashua.
Thank you for letting me share my thoughts.

President McCarthy

Alderman Deane, with respect to the street lights, as | understand the tariffs are based on the number of
hours of darkness when the lights are expected to be on times the wattage of each of the lights. When
we replace the inventory of lights, the bill will go down proportional to the difference in power
consumption of the new lights versus the old lights.

Alderman Deane
Where can | find that information?

President McCarthy

You'd have to look at the PUC tariffs. When we've talked about it before that’s the way they are based.
It’s pretty well known when the lights will go on and go off on each day of the year.

Alderman Deane

ls EverSource being challenged over charges by the City of Manchester?

President McCarthy

| have no idea. If they are, it’s likely on the fact that their inventory of the lights is not accurate or that the
rate that they are charging is viewed as excessive, but the bill is based on usage. | want to express my
sadness and frustration over the events that have taken place in the last couple of weeks that a number
of you commented on. | will be asking the Chief to come in and talk to us about policing initiatives and
why those things are not likely to happen here. | don’t plan to do that until after the summer schedule is
over so we don’t drag everybody in for an additional meeting. This may not be the best time to have that
conversation anyway, but | will ask the Chief to come in and talk about that at some point.

Committee announcements:
Alderman Cookson
We will be having our Committee on Infrastructure this Thursday evening, the 14"", at 7:00 p.m. in these

Chambers. We had the David Deane Skate Park legislation on our agenda. | believe we are going to
propose that conversation to a later date seeing that Director Fauteux and Alderman Deane aren’t going

A special meeting of the Board of Aldermen was held Tuesday, August 8, 2017, at 7:01 p.m. in the
Aldermanic Chamber.

President Brian S. McCarthy presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman-at-Large Mark S. Cookson led in the
Pledge to the Flag.

The roll call was taken with 13 members of the Board of Aldermen present; Alderman Clemons and
Alderwoman Melizzi-Golja were recorded absent.

Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.
COMMUNICATIONS

MOTION BY ALDERMAN WILSHIRE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

From: Brian S. McCarthy, President, Board of Aldermen
Re: Special Board of Aldermen Meeting

MOTION BY ALDERMAN WILSHIRE TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

DISCUSSION

Discussion with Charles McIntyre, Director of the New Hampshire Lottery Commission regarding the keno
component of Senate Bill 191.

Director McIntyre

Good evening, and thank you for allowing me to attend. What you have before you is two different handouts.
One is a very basic description of how keno works, and one is a FAQ for would-be retailers from the State of
New Hampshire which runs through all the questions you may or may not have as to how the game operates.

In my past life, | was the Assistant Director of the Massachusetts Lottery. Before that | was an organized crime
prosecutor. | joke | went from discouraging bookies to becoming one. One of our jobs in Massachusetts was
to raise revenue. What we found was is about 2 % percent of all keno sales in Massachusetts are New
Hampshire residents focused on the borders. Five of the largest keno retailers in the world are on the borders
of New Hampshire and Massachusetts in Massachusetts, 3 actually form part of the border. In some cases the
parking is in New Hampshire and the building is in Massachusetts. VWWhat we found was we were selling a lot of
tickets to people from New Hampshire. | became the director of New Hampshire seven years ago. | moved
my family up here, my wife and two sons.

It was a good topic for a long time in Concord. They asked me about the math and numbers. The amount of
keno being spent in a location is very low. Its $5 - $10 is the most likely being spent. What is more likely is
people actually having a sandwich and a beer, spending more money in that respect. We found it actually
increases the overall spend of the location more than it does keno sales. This senate bill went 3 or 4 times
through and this latest version has the highest commission rate for stores in the US. There is no cost for
materials for the bars in question. The legislature wanted to make sure each jurisdiction that might have it or
has locations which are eligible which are pouring establishments only — no convenience stores, no
supermarkets — only those locations that actually pour liquor or spirits — beer and wine — and within the location
where those poured establishments pour. For example, Chili’s has a separate bar area. It would be only in the
bar, not in the restaurant. Those jurisdictions would have the ability of the vote of the citizens to approve or not
approve it, which is consistent with three years ago when the lottery was approved. It had to be voted on by
every city and town in New Hampshire. In fact there are still ten that have never authorized lottery sales for

2020-21 Sewer Replacement Program (Expanded Scope of Work)

HSI will provide additional services to complete our support services for the 2020-21
Sewer Replacement Project. The project scope was expanded to address significant
additional work requested by the City, which resulted in an increase to the construction
contract from the original $1,497,993 to $3,773,118. HSI estimates that our current
budget will cover our work through the end of November. Additional budget for services
will be needed to complete the field construction observation as well as the close out of
the current construction contract.

2020-21 Sewer As-Built Plans

HSI will prepare As-Built plans and provide sewer sketches for point repair/sewer
manhole replacement locations for the work performed in the 2020-21 Sewer
Replacement Project constructed during the 2021 Year. (Note: As-Built Plans and Sewer
Sketches of various point repairs/replacement manhole locations have previously been
provided to the City for the 2019 and 2020 construction periods)

As detailed in the attached spreadsheets, our proposed budget to complete our services
to support the expanded scope of the 2020 Sewer Replacement Project including As-
Built plans is $46,500.

2022 Sewer Replacement Program:

HSI Design Services:

HSI will assist in the effort to develop recommendations for sewer lines which need
replacement through review of CCTV video assessment performed under the on-going
CIPP Lining Program, video assessments from the City DPW crew, and/or other
contractors.

The design of the 2022 Sewer Replacement Project shall consist of the preparation of
plan & profile drawings for sewer lines to be replaced. The existing conditions information
shall be based on City GIS information, utility information provided by the various utility
companies (PWW, Liberty Utilities, Consolidated Utilities, etc.), and limited field survey,
if needed.

In addition, the construction contract will carry allowances for various point repair and
sewer manhole replacement in locations to be determined as the CIPP video assessment
program identifies issues that need to be addressed.

The design budget is based on an estimated $1,000,000 to $1,500,000 in sewer
replacement work for the 2022 Sewer Replacement Project.

As detailed on the attached spreadsheets, our proposed budget for this work is $88,000.

On-Going CIPP Lining Program:

HSI will review of CCTV video and assessment reports provided by the City, or provided
by National Water Main, Kenyon Pipeline Inspection and Green Mountain Pipeline
Services for the 2019/2021 Sewer CIPP Lining Projects, and will provide
recommendations for sewer lines that need lining, point repairs or replacement. HSI
shall prepare a spreadsheet of all videos reviewed, and list those that need lining,
reconstruction, or “no work”.

HSI will assist the City’s Engineering Department by extracting data from the sewer line
video inspection reports provided under the on-going CIPP Lining or video assessment
projects for uploading to the City’s GIS system.

As detailed in the attached spreadsheets, our proposed budget for this work is $96,000.

Estimated Budget

2020-21 Sewer Replacement Program $ 45,500.00
2022 Sewer Replacement Program $ 88,000.00
On-Going CIPP Lining Program $ 96,000.00
Total: $229,500.00

A proposal for construction services can be provided once the 2022 Sewer Replacement Project
has been awarded as follows:

e Provide construction observation and administration in support of the City during the
2022 construction season.

e Provide engineering support to the City’s Engineering staff to address unexpected sewer
and drainage issues and emergencies.

e Provide record as-built plans and/or sketches for uploading to the City’s GIS.

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

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

Sincerely,

Cc. Vancor, P.E.
resident/Principal Engineer

2020-21 Sewer Replacement Program - Construction Services & As-built Plans

TASK

John

Construction

Paul H CAD Manager
Denis H
$185.00 $175.00 $105.00 $100.00
Construction Services/As-built Plans:
Full Time Inspection 120
Coordination/Req Review/Periodic Visits 60
2021 As-built Plans/Sketches 4 10 40 80
2020-21 Contract Close Out 4 24 40
Total Hours: 8 94 40 240
Cost:| $1,480.00 $16,450.00 $4,200.00 $24,000.00 $46,130.00
Reimbursable Expenses:| $370.00
Total Estimated HSI Fees to Complete the 2020 Sewer Replacement Project: | $46,500.00

2022 Sewer Replacement Program - Design, Bid Assistance, Construction Services & As-built Plans

TASK John Paul H Engineering Survey CAD Construction
Tech 2 Man Crew Manager
$185.00 $175.00 $100.00 $180.00 $105.00 $100.00
Design Services/Bid Assistance:
Limited Support Survey 40 40
2022 Sewer Replacement - Design Plans 8 60 120 120 120
Review 8 16 16 8 16
Specifications 8 40 40
OPC & Bid Sheet 8 8 8 8
Bid Assistance (Pre-bid Meeting, Addenda) 10 10 16
Total Hours: 24 134 194 40 136 160
Cost:| $4,440.00 $23,450.00 $19,400.00 $7,200.00 $14,280.00 $16,000.00 $84,770.00
Reimbursable Expenses: $3,230.00
Total Estimated HSI Fees (Sewer Replacement Project): $88,000.00
2021 Sewer Lining Project - Review of CCTV Video
TASK Paul H Eng. Tech
S 175.00 | $ 100.00
Video Review & Coordination (20 Weeks):
Review Videos - Lineng Contract (GM 75,000 LF) 550
Allowance for Additional Video Review 100
Allowance for GIS Support 160
Coordination 80
Total Hours: 80 810
Cost:|$ 14,000.00 | $ 81,000.00 $ 95,000.00
Reimbursable Expenses:| § 1,000.00
Total Estimated HSI Fees (Lining Project): |$ 96,000.00

City of Nashua

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

November 22, 2021
Memo #22-193

TO: Mayor Donchess
Finance Committee

SUBJECT: Streamgage Equipment, Operation and Maintenance in the amount not to exceed
$25,850 funded from accounts 81700 Infrastructure Improvements

Please see attached communications from Daniel Hudson, City Engineer, dated November 18, 2021 for
project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: 3 Year agreement for streamgage installation, operation and maintenance on the
Merrimack River downstream of the confluence of the Nashua and Merrimack
Rivers and east of the Nashua levee.

Value: FY22: $11,000 + FY23: $7,350 + FY24 $7,500 to total $25,850

Vendor: U.S. Geological Survey (USGS)

Department: 169 Wastewater

Source Fund: 81700 Infrastructure Improvements

Ordinance: Pursuant to § 5-84 Special purchase procedures A/(3) Purchases which can be
procured through cooperative intergovernmental purchase agreements with
other governmental jurisdictions

The Board of Public Works (11/18/21 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