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City of Nashua, Public \

To: Board of Public Works Meeting Date: March 24, 2016

From: David A. Simimons, Superintendent
Wastewater Department

Re: Headworks Upgrade Project

C. Motion: To award the Headworks Upgrades contract in the amount of $2,848,222 to TBuck
Construction of Turner, ME. Funding will be through: Department: 169 Wastewater;
Fund: SRF Loan; Activity: Headworks Upgrades.

Atiachments: TBuck’s Bid

Discussion: The headworks facility at the wastewater facility removes inorganic material in the
entering wastewater before it enters downstream processes. It was last upgraded in
1999. The equipment is at the end of it useful life due to the corrosive environment and
constant use. The existing layout consists of an intermediate floor where collected
debris has to be transported to the upper (ground) level using heavy minor carts and
overhead hoist making this operation cumbersome, labor intensive and risky.

In January 2015, the City hired consultant Wright Pierce to being the design work. The
various components of this project include new stainless steel screens and rake arms
long enough to remove entering debris from the lower level to the ground floor, wash
presses, odor conirol system, overhead mechanical hoist, relocation of hallway and
women’s locker room to allow room for the screens at pround level, installation of a
new women’s locker room and upgrades to the effluent flow metering vaults.

A total of 8 contractors bid on this project. The following is a summary of the various
contractors and their bids, received on March 2, 2016:

Contractor Bid Amount
T Buck Construction $2,848,222
Penta Corporation $2,851,700
Winston Builders $3,020,889
D&C Construction $3,046,250
Kinsmen Corporation $3,246,000
Waterline Industries $3,297,677
Kingsbury Companies $3,546, 156.68

The bid of the low bidder, T Buck Construction, was carefully checked. In addition,
the references of T Buck were carefully checked and found to be favorable. They have
also completed the Dewatering and Grit Systems Upgrades project at the Wastewater
Facility in 2014 and these upgrades have been working satisfactorily since installed.

This project is an SRF funded project and the City will be seeking a State Aid Grant
(SAG) in the amount of 20% of the costs should such funding become available.

TABLE OF CONTENTS

DIVISIONS
1 BID FORM wince cece reece eect renee ene Een EEE OnE e Een E Eee enone dade nent eee te eeeteeeeaeeeete
BID SCHEDULE occ een eee enn renee en Eee enn nE eee cone tadeteneeee te nneeteseneaeeeeee
BID BOND wince eect ee ree enn EEE eA Ee en Eee Ec nE Eee ecnnt dade fone eeeteeeeteeeaeeeeee
CONTRACTOR’S QUALIFICATIONS 0... eeccecccceeeeeeeceeeeeeeeeeecceseeeseeeeccesneeseeeseceentesieeeees
2 PAYMENT BOND oui. eccccccee ec ente eect tte e een ne ee ented erent ee een nt eee tent teeeneneeeeneeneetenenneeeeee
PERFORMANCE BOND u0... ce cececeeette cee tene ee eet nnee erent ie eee entne eee ceneteeeseneeeenennetesennneeeeee
CERTIFICATE OF LIABILTY INSURANCE ooo. cceeeceteeeeeeeneeeeeeeneeesenieeessneitereentaeegs
3 CONTRACT AGREEMENT, .....eeccccccceeeecteeeeeeneteeeeentieeeecnneeeeencneeeeseeneesesenieeeesennitereennaeags
4 GENERAL CONDITIONS 0c entre nent ents ee ieee renieeeteniiterennieteeennies
5 SUPPLEMENTARY CONDITIONS... eccentric r enti eee tiiieeesiniieeseniiereeniteeeenies
6 EXHIBITS ooo ececcee eect eee eee een e eee E eee Eee EEE OnE ee Een E Eee eee t ede eneete te nneeteeeaeeeeee
A. NOTICE OF AWARD
B. NOTICE TO PROCEED
C. CHANGE ORDER
D. CERTIFICATE OF SUBSTANTIAL COMPLETION
E. CERTIFICATE OF FINAL COMPLETION
F. CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
7. TECHNICAL SPECIFICATIONS 0. ccc eeerre en ti errr enee erent eeeeneneeeetetieeetentitenesnieeeeennnes

Table of Contents Page 1 of 1

CITY OF NASHUA

WWTF HEADWORKS UPGRADE

BID NO. IFB1093-022416

WRIGHT-PIERCE =

Engineering a Better Environment
320 Commerce Street, Suite 302,

Portsmouth, NH USA 03801

BID TAB Tel: 603-430-3728 Fax: 603-430-4083
WP Project No. 13089B
3/2/2016 BIDDER'S NAME
TBuck Penta Winston D&C Wright-Pierce Kinsmen Waterline Kingsbury
Construction Corporation Builders Construction 8 Corporation __|Industries Companies
BID QUANTITIES ENG.
| Item UNIT BID BID BID BID EST. BID BID BID
BASE BID
4 [Headworks Upgrade Project, complete, except for $2,276,972.00 | -$2,240,450.00] —_$2,449,639.00] ——-$2,475,000.00| —_§2,528,750.00] —$2,674,750.00| —_$2,726,427.00] $2,974, 506.68
items 2 through 8 listed below. Lump Sum
2 [Supnly of (2) RakeMax Multi-Rake Bar Screens by $320,000.00 $320,000.00 $320,000.00 $320,000.00 $320,000.00 $320,000.00 $320,000.00 $320,000,00
Huber (as specified in Section 11330). Allowance
3 | aruméiinion & Covitclenondinetion wiih Huber | asnaance $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00
4. [Supply of Screening Wash Compactors by Vulean (as $136,000.00 $136,000.00 $136,000,00 $136,000.00 $136,000.00 $136,000.00 $136,000.00 $136,000.00
specified in Section 11331). Allowance
5 |, . a $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00
instr & Comrol with Vulcan Allowance
g [Cabon Replacement for the Oder Control System (as $32,000.00 $32,000.00 $32,000.00 $32,000.00 $32,000.00 $32,000.00 $32,000.00 $32,000.00
specified in Section 11259). Allowance
7 {Owner's Programmer (as specified in Section 15440 & $44,250.00 $44,250.00 $44,250.00 $44,250.00 $44,250.00 $44,250.00 $44,250.00 $44,250.00
13441) Allowance
a. | Venturi Flow Meter Rehabitition (as specilied in Section $19,000.00 $19,000.00 $19,000.00 $19,000.00 $19,000.00 $19,000.00 $19,000.00 $19,000.00
13440) Allowance
SUB TOTAL (BASE BID) 52,848,222.00 | $2,851,700.00] —_53,020,889.00] —_$3,046,250.00] ——_§3,100,000.00] —_§3,246,000.00] —§3,297,677.00 | —_—§3,546,156.68
[ro TAL BID (ITEMS 1-8) $2,848,222.00 | §2,851,700.00] ——83,020,889.00/ ——_$3,046,250.00] —$3,100,000-00} ——$3,246,000.00] ——_83,297,677.00 | _-$3,546,156.68

Page 1 of

1

130RDA_Nashua_BidTab

‘ THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

rae

March 31, 2016
Memo #16-128

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONSTRUCTION PHASE SERVICES FOR HEADWORKS UPGRADE PROJECT
(VALUE: NOT TO EXCEED $323,300)
DEPARTMENT: 169 WASTEWATER; FUND: SRF LOAN
ACTIVITY: HEADWORKS UPGRADES — ENGINEERING SERVICES

Please see the attached communication from David Simmons, Wastewater Department Superintendent
dated March 24, 2016 for the 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 Wastewater Department Superintendent, Board of Public Works (March 24, 2016) and the
Purchasing Department recommend the award of this contract in an amount not to exceed $323,300 to
Wright Pierce of Portsmouth, NH.

Respecttully,

Re 7 Cae +

ee

( Dan K6oken
Purchasing Manager

Cc: D Simmons L Fauteux

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

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: March 24, 2016

Dave Simmons, Superintendent
Wastewater Department

Headworks Upgrade Project — Construction Phase Services

To award the contract to Wright Pierce for construction phase services for the Headworks
Upgrade project at the Nashua Wastewater Treatment Plant in an amount not to exceed
$323,300. Funding will be through: Department: 169 Wastewater; Fund: SRF Loan;
Activity: Headworks Upgrades — Engineering Services.

The Nashua Wastewater Treatment Facility (NWTF) headworks facility has exceeded its
useful life and is in need of a complete overhaul. Wright Pierce has completed the design
of the upgrades and has prepared bid plans and specifications. Concurrent with the award
of the construction of this project, the construction management of this project needs to
be awarded. As has been done in the past, the NHDES prefers that the construction phase
services be performed by the design engineer.

The construction phase services will occur for the length of the construction which is
expected to take 12 months. It will involve a full time resident engineer on-site and
extensive engineering support from Wright Pierce’s main office.

Their fee of not-to-exceed $323,000 is approximately 10.4% of the total estimated
construction cost of $3,100,000, and approximately 11.4% of the low bidders. This
percent is typical for this type of plant rehabilitation project.

Wright Pierce provided construction phase services for the Dewater and Grit System
Upgrades project as well as other smaller projects at the Plant. They have provided
quality construction services for these projects.

This project is an SRF funded project and the City will be seeking a State Aid
Grant (SAG) in the amount of 20% of the costs should such funding become
available.

ENGINEERING CONSTRUCTION PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITY OF NASHUA, NEW HAMPSHIRE

This AGREEMENT made and entered into at Hillsborough County, New Hampshire, this
day of

eee

_ __..... 2016, by and between the City of Nashua 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 "Nashua Wastewater Treatment Facility - Headworks Upgrade"
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 for Treatment Works Rev, 2/00

I.

ENGINEERING CONSTRUCTION PHASE CONTRACT

For Professional Services for Treatment Works

A.

Services to be Performed by the ENGINEER

Upon execution of this AGREEMENT, the
ENGINEER shall proceed with the general
administration of construction and full-
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 City of Nashua.
Said services shall include, but shall not
necessarily be limited to:

General Construction Administration

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

bo ——Assistitee in scenring canstruc-
ten—bids, conduct bid-opening, tabula-
thon-and-anabysis—of -bids,--and-reeom
saendation vegerding- award of contract:
A-eepy-of- the-bid-analysis-wilt-be- fie
nished-to- the Depurtment-of- Enviren-
mental--—-Services;—Water—Division;
hereinefier--called-the-DHHSION,—and
BPA. here-applesble)

a Completion of formal contract
documents for the award of contracts.

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

e. Reviewing laboratory, shop, and
mill test reports of materials and equip-
ment.

f. Preparation of drawings and
technical material as required to suppl-
ement and/or clarify the contract docu-
ments.

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

h. Periodic inspection of work and
final inspection.

Page 2 of bi

i. Observing and reporting perfor-
mance and qualifying tests required by
specifications.

j. Keeping daily records of construc-
tion 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.

I. Consultation and advise during
construction.

m. Determination of need for and
preparation of change orders for ap-
proval by the OWNER and DIVISION
based on conditions found during con-
struction and/or additions or modifica-
tions to the work requested by the
OWNER and approved by the ENGI-
NEER and the DIVISION and imple-
mented at a price recommended by the
ENGINEER as equitable. For change
order items exceeding $10,000, the EN-
GINEER shall prepare an independent
cost estimate.

n. Determination of "equality" for
substitution of materials and equipment
specified and securing DIVISION ap-
proval thereof.

0. Brevide-and-maintein construction
control -tines-and-grades:Fer-sewers--
plant-and—pumping -station~sHes —-base

p. Preparation of application, sup.
porting and associated documents for
Federal, State, and other grant or loan
programs, including monthly reimburs-
ement requests.

q. Preparation of certificate of sub-
stantial completion and contract comple-
tion.

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

2. Resident Inspection and Other Special
Services

a. The ENGINEER agrees to provide
at least one Registered Professional Civ
Engineer Resident Project

Representative (RPR) on the project site
sad-one-orsnors-inspesters as necessary
(ful—or part time) to assist the
ENGINEER in the work of General
Administration as described under I(A)}
and in observing construction activity for
compliance with the contract documents
and any associated change orders. The
DIVISION shall be notified in writing of
the name of the RPR resident-engineer;
sosistatt-- engineers; snd - construction
inspeeters, and shall be provided with a
brief history of the RPR's resident-engi-
rteer's construction experience, The RPR
resident engineer -ond tis inspeeters 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 start-up and opera-
tion 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 five (5)
sets of the completed manual, one (1) of
which will be for the DIVISION.

d. Preparation of record drawings of
the work as constructed. Three (3) sets
of prints to be furnished, one (1) of
which shall be for the DIVISION.

é. Special Services: . ENGINEER
shall provide through a sub-contractor
the necessary soil and concrete materials
testing during construction.

ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

i.

TE.

Page 3 of th

The CWNER'S Responsibilities

A. — Assist the ENGINEER by placing at his dis-
posal all available information pertinent to the PRO-
JECT, including previous reports and other data rela-
tive ta 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 DI-
VISION and Federal (Where applicable)
requirements as they relate to this project.

Compensation to be Paid the ENGINEER
A. Method of Payment - Amount of Fee

lL. Payment to the ENGINEER, for services
rendered, shall be according to the following
schedule:

Statements will be rendered (with modi-
fications if necessary) monthly with bill-
ing by the hour and rate by labor
category with mark-up and incidental ex-
penses 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 fec not to exceed

Three-hundred-twenty-three
hundred

($323,300.00).

thousand, three

Dollars

B. Limits of All Payment

{. The ENGINEER further agrees that the
following fee for his services under I(A)(1), for
Construction Administration on this PRO-
JECT, (exclusive of work performed by
resident engineering staff) is adequate to com-
plete the work and shall not exceed

One-hundred-fourty thousand, four hundred Dollars

($140,400.00).

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

One-hundred-thirty-five _
hundred
($135,400.00).

a. Resident engineering and support-
ing staff (as agreed to by the OWNER
and DIVISION) as described under
I{A){2)(a) for a period of 112 working
days, an amount not to exceed

thousand, four

_... Dollars

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.

b. For supervision of initia] start-up
and operation of the project and Project
Performance Certification as described
under I (A)(2}(b}, during a period of
twelve (12) months, an amount not to ex-
ceed

Twenty-three thousand, eight hundred Dollars

($23,800.00).

c. For preparation of the Manual as
described under J (A)(2)(c) and instruc-
tions on its use, an amount not to exceed
Twelve thousand - Dollars

($12.000.00).

d. For preparation of the Record
Drawings as described under I (A)(2)(d),
an amount not to exceed

Eight thousand, two hundred Doilars
($8,200.00).

e, For special services as described
under I(A)(2\(e), an amount equal to the
actual cost of such work. The actual
cost shall include compensation to the
ENGINEER for his work on these
services. The SNCHNEER~alse--assures
the- OONER-thet-the moneys to be paid
under this item are-adequate-fer-the werk
propesed-and-shall not exceed

Three-thousand, five hundred
($3,500.00),

Dollars

ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professiona] Services for Treatment Works

IV.

Page 4 of 13

Additional Covenants

A. The ENGINEER agrees to provide in active
charge of this PROJECT for the life of the contract a
Project Engineer wha is a permanent employee of the
ENGINEER and who is a "qualified sanitary engi-
neer" as defined under the DIVISION'S "Rules and
Regulations for the Prequalification of Consulting
Engineers", The Project Engineer shall be*

Jeffrey RB, Pinnette, Wright-Pierce
(name and address)

99 Main Street, Topsham, ME 04086

Resume clearly describing the candidate's qualifications

for the assignment is appended for convenience of refer-
ENCE.

Any proposed change in identity of the Project
Engineer on the PROJECT shail 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.

B. The ENGINEER agrees to be solely re-
sponsible for all bills or claims for payment for ser-
vices rendered by others and for all services and
materials employed in his work, and to indemnify
and save harmless the OWNER, and all the OWN-
ER'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 fail-
ures to act of the ENGINEER or others employed by
him in the performance of the work covered by this
AGREEMENT.

Cc. The ENGINEER further agrees to procure and
maintain at his expense such workmen's compensa-
tion insurance as is required by the statutes and pub-
lic 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.

D. All documents, including origina! drawings,
design calculations, work sheets, field notes, esti-
mates, and other data shall remain the property of the
OWNER; they shall be transmitted to the OWNER in
clean and orderly condition on demand by the OWN-
ER; 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 OWN-
ER or his authorized agent in providing the DIVI-
SION 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 construc-
tion 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 facili-
ties within rights-of-way and other lands under its ju-
risdiction.

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-—civil engineer and-DIVISION
approved inspectors (full time, ~pert-tinte} as needed
with the experience and other approved background
to assist the ENGINEER in the work of General
Administration and to assure contractors
conformance with the plans and specifications and
any approved coincident or subsequent changes or
change orders related to the PROJECT. The RPR
resident-registered—engineer for the life of this
contract shall be

TBD
(Name and Address}

oak

tAppend+ deserting: “felt teatt

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 wha
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 DIVISIONS Roster of Prequalified Engineers.

HH. This |. AGREEMENT _ shall be governed
exclusively by the laws of the State of New

ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

V.

Page 5 of 11

Hampshire and_any litigation shall be brought in a
court located in New Hampshire.

insurance

A. ENGINEER shall carry and maintain in effect
during the performance _of services under this contract:
Professional liability insurance in the amount_of
$1,000,000; General liability insurance in the amount of
$1,000,000 _per_ occurrence; $2,000,000 agerepate:
$1,000,000 Combined Single Limit Automobile
Liability: and Workers’ Compensation Coverage _in
compliance with the State of NH Statutes,
$1,000,000/$500,000/$100.000. ENGINEER _ shall
maintain in effect_at all times during the performance
under this contract all specified insurance coverage
with insurers and forms of policy satisfactory to the
OWNER, acceptance of which shall not be
unreasonably withheld. None of the requirements as to
types, limits, and approval of insurance coverage to be
maintained by ENGINEER are intended to and id shall
not_in any manner Jimit or qualify the liabili
obligations. assumed _ by ENGINEER _ under. “the
AGREEMENT. The. OWNER, Shall fot maintain any

used_ is is the apent of the ENGINEER and not, the
OWNER, “Subcontractor’s are subject to the same
insurance requirements as the ENGINEER.

B. ENGINEER will provide the OWNER with
and endorsements affecting coverage required by the
contract within ten (10) calendar days after the
OWNER issues the Notice of Award. The certificates
and endorsements for each insurance policy are to be
signed by a person authorized by the insurer and who is
licensed by the State of New Hampshire. Certificates
must name the City of Nashua as an additional insured,

C._ ENGINEER is responsible. for filing updated
Certificates of Insurance with the City of Nashua’s Risk
Management Department « during ¢ the life of the contract.

The OWNER requires thirty (30} days written notice of
cancellation or material change in coverage.

1. All deductibles and self-insured retentions shall
be fully disclosed in the certificates of insurance.

2. If azgregate limits of less than $2,000,000 are
imposed on bodily injury and property damage,
the ENGINEER must maintain umbrella liability
insurance of at least $1,000,000. All agpregates
must be fully disclosed on the required certificate
of insurance.

3. The specified insurance requirements do not
relieve ENGINEER of its responsibility or limit