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The contract amendment changes the language in Section 5. Compensation a. Contracting Fee —

Variable Costs and,

I, Alllanguage referring specifically to 5. Compensation a. Contracting Fee— Variable

Costs; shall be changed to the following:

Variable Costs; Year 1 Year 2 Year 3 Year 4 Year 5 Totals
Jul. 1,2G-— | Dec. 1, 20—-
Nov. 30,20} Jun. 30, 21
Original Variable Rate $28.90 $30.85 $30.85 $32.29 $33.69 $35.33 $33.04
Average
New Variable Rate $ 28.90 $ 30.85 $ 33.82 $ 34.83 $ 35.96 $ 37.06 $35.42
Average
Rate Adjustment $0.00 $0.00 $2.97 $2.54 $2.27 $1.73 $1.62
Average
Rate Adjustment Impact $0.00 $ 0.00 $ 74,523 $ 115,734 | $103,299 | $78,501 | $372,056
based on Estimated Hours

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First Amendment to Agreement

By and between
City of Nashua, NH and First Transit

An agreement was made by and between the City of Nashua, whose address is 229 Main Street,
Nashua, NH 03061 (“City”) and First Transit, whose address is 1020 Center Street, Suite 16
Horseheads, NY 14845 on the 5 day of June 2019 (“Agreement”) .

WHEREAS, Section 5 of the Agreement set forth compensation; and,

WHEREAS, Section 30 of the Agreement provides that all amendments to the Agreement be in
writing and executed by beth parties specified the City agrees to pay the Contractor a variable

cost only for hourly costs the Contractor incurs while operating the service at a rate as follows:

NOW THEREFORE, in consideration of the mutual promises herein, the parties hereby mutually
agree as follows:

1. Section 5 a. “Contracting Fee” of the Agreement shall be amended by deleting the
following language:

Variable Costs; Year 1 Year 2 Year 3 Year 4 Year 5
$ 28.90/hr $ 30.85/hr $32.29/nr $33.69/mr $ 35.33/hr

and replacing it with this language:

Year 1 Year 2 Year? Year 3 Year 4 Year 5
Variable (7/1/20 — (12/1/20 -
Costs; 11/30/20) 6/30/21)

$28.90/nr $30.85/nr $33.82/hr $34.83/hr $35.96/nr $37.06/hr

2. All other terms and conditions of the Agreement not changed by this or prior
amendment(s) remain in full force and effect.

Effective Date:

City of Nashua First Transit

By: By:

Jim Donchess
Mayor « City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: November 2, 2020 ,

Re: Multi Year Contract Award — Architect & Engineering Services

Pursuant to NRO: § 5-74/B: A contract that ‘extends from the current fiseal year into succeeding
fiscal year(s) in which no funds have b end Orc herwise designated for this purpose

City.

The Finance Committee

Value:

Vendor:
Purchasing
Contract T

Thank you,

229 Main Street + PO Box 2019 + Nashua, New Hampshire 03061-2019
603.589.3260 = fax 603.594.3450 » NashuaMayor@NashuaNH. gov
www.NashuaNH.gov

gs) THE CITY OF NASHUA “The Gate City"

Administrative Services
Purchasing Departsent

October 28, 2020
Memo #21-043

TO: Mayor Donchess
Finance Committee

SUBJECT: CSO Flow Monitoring Services Funded From Budget Account 53107 Architect &
Engineering Services

Please see attached communications from David Boucher, Superintendent of the Wastewater
Department, dated October 20, 2020 for project specific details related to this purchase. Below please
finda summary of the purchase approval request:

Item: 3 Year Contract Extension for Combined Sewer Overflow Monitoring Program
Value: $158,400
Vendor: Flow Assessment from Auburn NH

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

Ordinance: Pursuant to § 5-84 Special purchase procedures A/(7) Purchases under extensions
of contracts when no price increase exceeds 10% per year

A competitive bid opportunity was not issued for this purchase as we are requesting an extension to the
current contract and this vendor, Flow Assessment, has agreed to offer the same pricing for the new
contract term.

The Superintendent of Wastewater, The Board of Public Works (10/22/20 BPW Meeting) and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: D Boucher
C O'Connor

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

To:

From:

Kea:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: October 22, 2020

David L. Boucher, Superintendent
Wastewater Department

Cotnbined Sewe: Oveifluw low Momtoring Progiain

To approve Amendment 3 in the amount of $158,400 to extend the contract for three
years with Flow Assessment of Auburn, NH for the Combined Sewer Overflow
Monitoring Program. Funding will be through Department: 169 - Wastewater; Fund:
Wastewater; Account Classification: 53 Professional Services.

Flow Assessment Cost Proposal

The Combined Sewer Overflow (CSO) Monitoring Program monitors flow at all of
the CSO discharge structures and three rain gauges throughout the City. The data
collected provides information for reporting to the USEPA and the NH Dept. of
Environmental Services as required by the National Pollutant Discharge Elimination
System (NPDES) permit for the Wastewater Treatment Facility.

Flow Assessment has been providing CSO flow monitoring services since 2018 and
for many years prior to 2015. They have provided excellent reporting and have a
user friendly web site. Their equipment is already in place and will remain so until
the new contract starts. There rates have not gone up since 2018, and there are some
savings if the City choses a 3-year contract instead of the normal 1-year contract. It
is beneficial to the City to continue with this service provider, so it is recommended
that they be awarded a new three-year contract. The total cost for monitoring all the
CSO sites for 3-years ts $158,400, which results in a savings of $9,900 by not going
with a l-year contract renewed every year.

Attn: Willam Keating

ASSESSMENT SERVICES

September 30, 2020

Re: 36 month continuation of contract for CSO Flow Monitoring, Data Analysis & Alarming

Dear Bill,

Please find below the scope and fee schedule for the extension of the CSO Flow Monitoring and
Data Analysis. The extension duration of this project would start on July 1, 2020 and continue until
June 30, 2023. This project will be billed at $4,400.00 per month.

Thanks very much for the opportunity to continue working with the City of Nashua on your CSO
monitoring program. Please give us a call if you have any questions regarding the proposal.

FEE SCHEDULE
Jiem Description of Tasks Total Unit Cost Total
# Quantity Cost
j Operation, Maintenance & Rental 396 Site $400.00 | $158,400.00
(Including Monthly Data Analysis, Data Web Manths

Hosting and Cellular Charges)
11 Sites x 36 Months = 396 Site Months

Best regards,
Flow Assessment Services, LLC

Lf Gp—

Paul P. Casey
Managing Partner

Board of Aldermen
February 23, 2016 Page 6

R-16-004
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE APPROPRIATION OF $9,282 FROM ACCOUNT #107-51 “CITY CLERK —
SALARIES & WAGES” INTO NEW ACCOUNT #107-71 “CITY CLERK — EQUIPMENT” FOR
THE PURCHASE OF A COLOR LASER PRINTER
Given its second reading;

President McCarthy

| had made a motion at the Budget Review Committee meeting to change the title from “appropriation” to
“transfer” because it really is a transfer. In a subsequent discussion with the legal department it is also an
appropriation because the line item that the transfer goes into does not exist so we will be requiring a two-
thirds vote and | would ask that the amendment from the committee not be moved forward because the original
legislation was correct.

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-16-004
A Viva Voce Roll Call vote was taken which resulted as follows:

Yea: Alderman Clemons, Alderman Deane, Alderman Cookson, 13
Alderman Dowd, Alderman Caron, Alderman Siegel,
Alderman Schoneman, Alderman McGuinness, Alderman LeBrun,
Alderman Moriarty, Alderman O’Brien, Alderman Lopez,
Alderman McCarthy

Nay: 0
MOTION CARRIED
Resolution R-16-004 declared duly adopted.

R-16-005
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman June M. Caron
Alderman Benjamin M. Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,000 FROM THE STATE
OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT
PROGRAM” INTO EMERGENCY MANAGEMENT GRANT ACTIVITY “2015 HOMELAND SECURITY
GRANT PROGRAM”
Given its second reading;

MOTION BY ALDERMAN SCHONEMAN FOR FINAL PASSAGE OF R-16-005
MOTION CARRIED

Resolution R-16-005 declared duly adopted.

AMENDMENT No.3
TO
CONTRACT FOR INDEPENDENT CONTRACTOR

CSO FLOW MONITORING

BETWEEN
CITY OF NASHUA
AND
FLOW ASSESSMENT SERVICES, LLC

This AMENDMENT No. 3, dated is attached to and made part of the CONTRACT FOR
INDEPENDENT CONTRACTOR between the City of Nashua, New Hampshire and Flow Assessment,
LLC for CSO Flow Monitoring dated January 5, 2018 (“AGREEMENT”).

WHEREAS, Section 30 of the AGREEMENT’s General Terms and Conditions allows for written
amendments to the Agreement when signed by both parties;

WHEREAS, Section 3 of the AGREEMENT states the period of performance is from January 1, 2018 to
June 30, 2018 and Section 4 describes compensation; and

WHEREAS, both parties wish to extend the term and renew the pricing for an additional three (3) years.

NOW, therefore, in consideration of the mutual covenants contained herein, the parties hereby mutually agree
as follows:

1. That the period of performance of the AGREEMENT shall be extended for three (3) year, with
the first year commencing on July 1, 2020 and terminating on June 30, 2023.

Each extended year of the contract is subject to annual budget appropriations and at the City of
Nashua’s sole discretion. A separate/amended purchase order shall be issued for each year of the
extended contract.

2. INDEPENDENT CONTRACTOR agrees to perform the work, under thi AMENDMENT
No. 3, in accordance with Fee Schedule, attached as EXHIBIT A,, for a total cost not to exceed

ONE HUNDRED FIFTY-EIGHT THOUSAND FOUR HUNDRED and 00/100 DOLLARS
{for the three (3) year term
($158,400.00)

CSO FLOW MONITORING I
FLOW ASSESSMENT
Amendment #3

AMENDMENT No.3
TO
CONTRACT FOR INDEPENDENT CONTRACTOR

CSO FLOW MONITORING

BETWEEN
CITY OF NASHUA
AND
FLOW ASSESSMENT SERVICES, LLC

3, Ail other terms and conditions of the AGREEMENT shall remain in force until the
completion of the work authorized under this AMENDMENT No. 3.

4. This AMENDMENT No. 3, with attachments, along with the AGREEMENT,
AMENDMENT No. 1 dated July 18, 2018, and AMENDMENT No. 2 dated June 11, 2019

constitutes the entire AGREEMENT and understanding between the parties and supersedes all prior
agreements and understandings relating hereto.

OWNER: INDEPENDENT CONTRACTOR

aul P Caaeg,

City of Nashua, NH (signature) Flow Assessment Services,L.LC (signature)
James Donchess, Mayor Paul P. Casey Managing Partner
(Printed Name aud Title) (Printed Name and Title)
Oct. 22, 2020
Date Date
CSO FLOW MONITORING 2
FLOW ASSESSMENT

Amendment #3

Attn: William Keating

_ ASSESSMENT SERVICES

EXHIBIT A

September 30, 2020

Re: 36 month continuation of contract for CSO Flow Monitoring, Data Analysis & Alarming

Dear Bill,

Please find below the scope and fee schedule for the extension of the CSO Flow Monitoring and
Data Analysis. The extension duration of this project would start on July 1, 2020 and continue until
June 30, 2023. This project will be billed at $4,400.00 per month.

Thanks very much for the opportunity to continue working with the City of Nashua on your CSO
monitoring program. Please give us a call if you have any questions regarding the proposal.

Flow Assessment Services, LLC

GLP bp

Paul P. Casey
Managing Partner

FEE SCHEDULE
Item Description of Tasks Total Unit Cost Total

# Quantity Cost

] Operation, Maintenance & Rental 396 Site $400.00 | $158,400.00

(Including Monthly Data Analysis, Data Web Months
Hosting and Cellular Charges)
1] Sites x 36 Months = 396 Site Months

Best regards,