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21. DISPOSITION OF CONTRACT MATERIALS. Any 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
exclusive property of the City of Nashua and all such materials shall be remitted and delivered,
at Professional Engineer's expense, by Professional Engineer to the City of Nashua upon
completion, termination, or cancellation of this contract. Alternatively, if the City of Nashua
provides its written approval to Professional Engineer, any 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 must be retained
by Professional Engineer for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Professional Engineer shall promptly remit and
deliver the materials, at Professional Engineer's expense, to the City of Nashua. Professional
Engineer shall not use, willingly allow or cause to have such materials used for any purpose
other than the performance of Professional Engineer's obligations under this contract without the
prior written consent of the City of Nashua.

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 21), 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

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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.

23. | 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.

24. 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.

25. | 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.

26. 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.

27. 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

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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 sccuring a contract or sccuring 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 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.

28. 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.

29. | 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.

30. 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.

31. 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.

32. 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

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EXHIBIT A
SCOPE OF SERVICES

City of Nashua, New Hampshire
Division of Public Works
Wastewater Treatment Facility

Revision of Capacity Analysis
ee TT

Hazen and Sawyer, P.C. will perform professional engineering services in conjunction with revising the
capacity analysis of the Nashua Wastewater Treatment Facility (WWTF) that was performed in 2013 and
2014. The project is in response to effluent limitations defined in NPDES permit NHO100170 and possible
future flaws and loads to the plant. An amendment to the existing capacity technical memorandum will
be prepared summarizing the results of the revised analysis.

SCOPE OF WORK

Task 1 — Historical Data Review and Data Collection

Hazen and Sawyer will:

« Conduct data review of historical data for the period June 2014 through June 2016. This effort
will be used to revise findings from the data summary performed as part of the 2013/2014
capacity analyses.

» Updated data will be used to revise influent wastewater characteristics and peaking factors.

* Maximum one (1) day in the field to collect updated solids data at the Nashua WW'TF for use
in the model update and analysis, as required.

Task 2 — Plant Analysis
Hazen and Sawyer will use the updated data from Task 1 to perform updated capacity
evaluations on liquids and solids process at the WWTF. The processes that will be included in the
evaluation will be limited to:
1) Aeration tanks,
2) Aeration system,
3) Secondary clarifiers,
4) Primary anaerobic digester.

Updates to existing planning level cost estimates for infrastructure modification will not be
provided in this effort.

Task 3 - Draft and Final Report and Workshop
Hazen and Sawyer will develop an amendment to the existing capacity technical memorandum.
The amendment will provide information regarding the revised capacity of each unit process and
the overall WWITF capacity under current design conditions.

Nashua Capacity Analysis Revision Contract Exhibit A- Scape of Work-NJE + FIA docx

Page 1 of 2

Hazen and Sawyer will

1) Furnish six (6) copies of the draft report for review by the City.

2) Meet with representatives of the City to present the findings of the study as presented in the
draft report. Furnish six (6) copies of the final report with electronic copy.

3) Furnish the amended report by September 1, 2016 (or 2 months from Notice to Proceed.)
Maintaining the project schedule is predicated upon receiving sampling record information

from the City.

Task 4 — Project Management
Perform overail project management services so the work remains focused on the project

objectives.

Nashua Capacity Analysis Revision Contract Exhibit A - Scope of Work-NJE + FJA.doex

Page 2 of 2

TABLE A- 1: Fee Scheduls
CITY OF NASHUA PUBLIC WORKS DIVISION
NWTF Capadlty A Update

Principal- $1,Principal| Principal TOTAL | TOTAL
Description Project | Engineer | Engineer| Engineer | GUTS! TOTAL) LaBoR | INDIRECT | LABOR ey bone
fTRG | Manager | Scientist DOLLARS| COSTS DOLLARS

THE CITY OF NASHUA The Gate City’

Financial Services

Purchasing Department

June 30, 2016
Memo #17-005

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: SEWER AND DRAIN PIPE AND STRUCTURE INSPECTION (VALUE: $113,423)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
ACTIVITY DESCRIPTION: SEWER REHAB

Please see the attacned communication from Stephen Dookran, P.E., City Engineer dated June 23, 2016
for the information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The City Engineer, Board of Public Works (6/23/2016 Meeting) and the Purchasing Department

recommend the award of this contract in an amount of $113,423 to Ted Berry Company, Inc. of
Livermore, ME.

Respectfully,

(eGo

n Kooken
-Purchasing Manager

Cc: S Dookran L Fauteux

bee Main Street « Nashua, New Hampshire 03061 « Phone (603) 589-3330 e Fax (603) 589-3344

JEFF STEVENS, cem, mer

VICE PRESIDENT, EMERGENCY MANGEMENT

Jeff serves as iParametrics’ Vice President of Emergency Management. In this role, he works
closely with our clients to improve their resilience and enhance their recovery efforts, Jeff is
hands-on leader known for his dogged advocacy on behalf of the communities we serve. He
constantly identifies opportunities to ensure that our clients are leveraging all possible avenues to
enhance their preparedness or build back better after a disaster. Jeff has experience in higher
education from his time at New York University and also in healthcare leadership from his time
serving on the HIN pandemic team in Rhode Island. Jeff is a Certified Emergency Manager and
FEMA Master Exercise Practitioner. He holds numerous Incident Management Team
certifications and is also a volunteer firefighter, Jeff has 15 years of experience.

EDUCATION
« MA, International

Relations, Salve Regina
University

BA, Administration of
Justice, Salve Regina
University

CERTIFICATIONS

Certified Emergency
Manager

Master Exercise
Practitioner

FEMA Type Ill All-Hazard
IMT

Finney County, Kansas, COVID-19
Pandemic Response. Jeff is leading a
team of disaster response specialists to
apply for $1.8 million in new state grants
and launching four grant programs for the
County.

Seward County, Kansas, COVID-19
Pandemic Response. Jeff 's leading a
team of disaster response specialists to
assist the County to apply federal grants to
recover from the COVID-19 pandemic.
City of Lowell, Massachusetts, COVID-
19 Pandemic Response. Jeff 's leading a
team of disaster response specialists to
assist the City with COVID-19 recovery,
including applying for CARES Act funding
reimbursements and planning for vaccine
distribution,

Cranston, RI, COVID-19 Pandemic
Response. Jeff s assisting with disaster
response to assist the City with their
applications for reimbursement related to
the COVID-19 pandemic.

Narragansett, RI, COVID-19 Pandemic
Response. eff is assisting with disaster
response ta assist the Town with their
applications for reimbursement related to
the COVID-19 pandemic.

Mecklenburg County, North
Carolina, COVID-19 Pandemic
Response. Jeff is currently leading a team
assisting Mecklenburg County with
documenting and applying for FEMA
reimbursements related to the COVID-
19 pandemic.

2009 - 2610 HINI Pandemic, Rhode
Island. Responsible for the Rhode Island
Healthcare Service region concept surge
planning and mass vaccination strategies
in coordination with the Hospital
Association of Rhode Island.

New Jersey Central East Healthcare
Coalition 5-Year Strategy, New
Jersey. Program Manager for the
development of a 5-year strategy which
was adopted by all regional healthcare
facilities amid the prospect of shrinking
Hospital Preparedness Program grant
funds.

Northern New Jersey UASI Hospital
Evacuation Framework, New Jersey.
Project Manager and lead author in
creating a hospital evacuation framework,
intended for adoption by all hospitals in a
7-county region serving more than 3

a

million New Jersey residents.

To:

From:

Re:

G. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 23, 2016

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

Paving Program
Sewer and Drain Pipe and Structure Inspection

To approve the contract for Sewer and Drain Pipe and Structure Inspection to Ted
Berry Company, Inc. of Livermore, ME in the amount of $113,423. Funding will
be through: Department 169 Wastewater; Fund: Wastewater; Activity: Sewer
Rehab.

This project will inspect and investigate sewer and drain infrastructure focusing
on streets included as part of the annual Paving Program and includes pipe
cleaning, video inspection, structure cleaning and structure inspection.
Information obtained will be used to determine the need for repairs to sewer
mains, storm drains, catch basins, and catch basin laterals and manholes prior to
paving. This inspection data will be used as part of the assessment of the
collection systems and included in the Cartegraph Asset Management System data
base.

The project was advertised on April 29, 2016. Four bids were received on June 9,
2016 and are as follows:

Ted Berry Company, Inc. $ 113,423
Eastern Pipe Service $ 116,250
National Water Main Cleaning $ 180,998
Heitkamp, Inc. $ 397,421

Ted Barry Company is the qualified, low bidder. The bid price is reasonable and
compares favorably to the engineers estimate. Ted Berry Company has
satisfactorily completed other projects for the City.

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: Ted Barry Company, Inc.

and its successors, transferees and assignees
(together “CONTRACTOR”)

For the following Project: Sewer and Drain Pipe and Structure Inspection

(IFB0844-060916)

ARTICLE 1 - THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this
project. The documents consist of:

1,

NAARWN

8.

This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

Scope of Work — IFB0844-060916 and addendums issued;

Drawings and Specifications provided in the bid documents;

Ted Barry Co, Inc.- Bid Proposal and Schedule of Values, dtd June 8, 2016;

Change Order Form;

Insurance Certificate;

Written change orders for minor. changes in the Work issued after execution of: this
Agreement; and

Fully Executed OWNER Purchase Order

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 Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

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