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City of Nashua

Financial Services Division

229 Main Street - Nashua, NH 03060 (603) 589-3171
Fax (603) 589-3209

_ September 14; 2016

TO: Mayor Donchess
Finance Committee

FROM: John Griffin, Chief Financial Officer/Comptroller

SUBJECT: Notification of entry into contract with a3™ party supplier for natural gas supply.

On Thursday, September 9" 2016, Financial Services, in conjunction with the Nashua School District,
competitively solicited and entered into an agreement with a 3m party energy supplier for the tariff-
controlled supply portion of its natural gas utility bills. Pursuant to the communication approved at the
September 7", 2016 Finance Committee meeting, please find attached the executed contract (“Exhibit
A”), as well as the Commodity Master Agreement (“Exhibit B”), which is referred to within the executed
contract.

Contract Terms:
Fixed Price: $5.280 per dekatherm
Fixed Term: 36 months beginning June 1, 2017

SDMSTRUCTION ROTES:

1. The Work a shown ont Clement Street (Pran Sheet #4} shill oe pectonnedt
betwoen June tang Juy 34 curing tha summer rocaas af Romar UniaWEdy
The singing anna fer norertscueon 16 lenin to inet deh a9 Shite on he pio,
Tre CoeHracior stat aubenit @ pian (oe this lartindeary by phe of sanage fows,
fav rerwbeiet abc apeetecat By Che Che
4 Tne Contractor snob auteit a Tebthe Control Pian (7CP} ane achadue for tr
swith in Devel Weber Highway for-awew and approval by the Cay. the TOP
aha include -masmaye Doarda to advow of consbuichatn dctestle ME BAUS.
Al waek fromm Sta Sot 16 02S ahnlt bir paetocrined at ight betwee he hors at

Cd

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a nal

REUOUG AND REINSTALL ; we

“we
$0 Pat and 5 AM. . dvooas Puwbnis !

8 The Contactos ynpu Inkad erodion fgstre dings en shaun on the plans peor of ‘ REGUPREDY |
126 thearing aed aarthorsthy Ve

7% The Conrgtor shall cat and Grub he newer route cae Wd of 20 fest and

COMTHAGTOR

-— CLEAR A OAUS UMITS ean ge “
PROPOSED SILT FENCE o STRUCT
a #8 PveSEnr 1

Propeparct GMb {1}
86 FLOW FILED
wot

GAY TO:
mee Samanennr ss aes
CLEAR & O80 LMITS.
Seooomaty bah, Minis end countngs wn the eovabeig water muir: at + i Le REMOVE AND REINSTALL,

lattes apprixintately 700 feet aguth on the Thing wan anain cronmnig, . fe ee an oa FONCS AS NEEDED
‘The amu valve in Jocaind #7 & gress ahouidar slongsia Qaniet Wecates os . : ve
figbway, nad shal be “cuban” tothe axuting Wourch cast otal aipeL A 2
wars sit iy ib alter repre at Bs login (See Cestird}
Mone: The aitditine of yay gate voher will afer a compre shuttewe af ine
Hist wate main duneg eptsebie aed boon hil of Pre nropasadt inch,
Server Fit}

Pros to croamag ia manning 1anch waiter mies as AMM Btu Uda, Ibo

Contactor shat qut and tendve a gainoa of he TBinch water main The

engl ed dpoatang 18nd igen te be removed ia appromerarety 0 inear

feet, od Shall Aba thy Mewnt trnoch excauaton 'o & noint Slee minim

beyord the lireia of tho trench excavauen on each ado. The wising

16°K18" Tee maak be removed and ssteyend 12 PVE

The sewer main Bes 4 witty

the prejact 0 addin, 3 vt mae

sod Confort ta the Uetutihs de ibe trie, acet BhaE chi of crushed

girtves (MEESKOY tte 204 Dy, ceampusctig ins 12-inch he to B55 ASTM

D159, Method G The Engister ahratl have # technician perform

compuckon fastng during nes operation.

‘The water rents shail wih:

foot oF HGench Cinss 52 Qucuke icons [Zine Coated} water man, bell shart

ata wager main pews, and ove (2) ald godven,

Whaide init Bidding, BACAR and oll entorinla aed wadkmanan:a shalt

gordon t the ceteerminents af Peanlshuck Water Wonka, Tecnica

Specifications ior Water Meo, Pyeinant end Servica instatsann, Jaa

shade eoriccem ter irre deen ors Ube pars, :
9 VR ieee fot thy shul pawn ded sroposcd i TRENCH PATCH
ever onosaling of the existing 1¢-inen dlameter water mivin are ae fokews: (shd DETAR S]
&. The Contactor shal aubeit a demaken Worm Plas. Trott Control Hart :
{TCP}, and # Scheiuin for raven an xoproval fy the Chy anid PMA at
Wooot mires 23) weaons in amen Of worn, . wor
‘The Contractor shad tumish and ieatel a anus gee walve chung +f deg,

aia

a . “we
ete wi Ee
&¥ oe 7 os SN Reon exist ee ta THEE
. Emad f

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bd

APPRGS JOLFOF HDs PRE
ANG TWO (2) 18" SGUG SLEEVES

SEC ETAL “ATA
CONSTRUCTION MOTE Wa
FOR OWATER UNE WORK

DETAIL “A”

SCALE: f= 5

pera on rae gape

NAG rit Aire SEAT PLE SA

PLAN VIEW ee yee]

lease

a

a

teatev PROFILE VIEW
AQ GATE WALYe

iO. foe pap miveaitar @maAlGea’ o
EUG zt

AIR RE. EAGH ASSEMGLY (SEE OETAR} VERTICAL SCALE: 4" = 4"

Ps Shear roaooulod wit ine wor mtn wtadieg ene Teak” ane pats
vwalvr installation shat be consioered Lncutental to ald bstudied in the 12.
foen mower Se urd atten (err 13
Any PYAN Poon shad he pet dire ctty ty ine Guy,
70. Approsimanty 40 hnepe feet of goabeg 264het diner immediately dowesiream
ef OH #7059 shake caretuity senowed, amd nerauilled afte instaliahon ot 175
Nha ewer ine below,
"1 ‘ee na ‘Ench see ie ad machol shal be teed. acsordanine wth the
fexquitarronte of the: froject Snot
w The exdasry fanan ia he very of SM KGBTE anak be cweruly rene at
Receematy, and reseegraied fing tratatiatiet di de Sewet hd drain ies.
1. Upes cvtigledar of tee sewer inatatio fins, a pawarend onan stay bor WBE ee
taetipocatly patched, piso by 3 oo ef ass an peranans paver
patch after OO-tnya. wel prone
fear and seed Praccordance sth the derala or ara,

2. HGHBAY
PAVEMENT LTS

wee

V1
L

CRUSHED OALANEL,
tCRMAPAETEG ETE

+ Sea rath outcan tn co tie

TYPICAL 2° AIR RELEASE VALVE
INSTALLATION ON DUCTILE IRON

wero

* Tie mestoration of ardacape arene SRE Pieters rhe ae Cao :
eavele wal be paid tor teparomty unde the aparopiale 160
ROADWAY feStoRATON contrat hers

+ Fiowsble fi of the samaining Hianch newar inf in piace tnpll bo
fa for uncer Fary team & - Flownbee Pt tor Pro Abanaoned
I

TAM RLMOCkT PER
TIANBAA SICH

Tagen acorn e Sa

Pair tar

CONNECT TO
EXISTING Diet
Ani INS YALL
BRECK INVERT

4 TEMPORAAY
SP avtcbag nT PAE
saweu?

TRENGH abs
a

oe
~goamren sa * ian saye

: y
inte ‘Te iemanne 1 TE CLAY bogota catnace
MW QUT s 45H. YO PROPORED 1H" Pvt SDRIS) |

. fam tat
Uy CREDO GRAVEL

ERMANEMY PAVEMENT ACEH
WOT MikGD ARPA TOMAR Ie UT ot
PavpAaint Taetaegs /* MINN]

AAS oro

TYPICAL SECTION SEWER TRENCH TYPICAL SECTION
WITH PERMANENT PATCH WITH TEMPORARY PAVEMENT PATCH
aT Ta SGA BT YO SEALE

o+09 . +50 4400 1+50 2400 - beso
—

PREPARED FOR: CLEMENT STREET

Be

Ei fri! Hsploware/Land Sorvwpare

DIVISION OF PUBLIC WORKS

ns BD Compra Skeoer JS Afiddion

L227 SEWER “1
REPLACEMENT PROJECT | 2

12 JANUARY 2oes

CITY OF NASHUA

OS BMEEDE STREET oNAgAA New halsipebe Ooodd (O09) Shoe deat

beaLe tote feb tone = [onan Hae, Stoe—37 CfutAY S0utR~ a0 one
ed O98 Waar DOAWEN LOE LOM 22 SWANS
saan

8. Certificate of Insurance

9. Technical Specifications as listed in Table of Contents

10. Addenda (numbers to , inclusive);
11. Exhibits, as listed in the Table of Contents, to this Agreement

12. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:

a. Written Amendments
b. Change Order(s)

14. New Hampshire Department of Transportation “Standard Specifications for Road and Bridge
Construction”, latest edition, incorporated by reference or unless otherwise indicated.

15 “Manual of Uniform Traffic Control Devices”, latest edition, incorporated by reference.

16 City of Nashua, Standard Specifications for Sewers and Drains, Revised, Approved and Adopted
June 15, 1992, incorporated by reference.

17 City of Nashua, Standard Specifications for Road Construction, Approved and Adopted June 11,
1986, incorporated by reference.

18 City of Nashua, Standard Specifications for Sidewalk Construction, Approved and Adopted
August 28, 1995, incorporated by reference.

19 City of Nashua Ordinance O-03-219 (Amended), Approved November 14, 2003.
20 Fully Executed City of Nashua Purchase Order

B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted
otherwise above).

Cc. There are no Contract Documents other than those listed above in this Article 8.

D. The Contract Documents may only be amended, modified or supplemented as provided in paragraph
3.04 of the General Conditions.

ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on

another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to

AG - 5 0f 6

the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER
and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.

9.05 Choice of Law and Venue

A. This Agreement shall be governed by the laws of the State of New Hampshire, and any litigation shall be
brought in a court located in the State of New Hampshire.
Address for giving notices to Owner: Address for giving notices to Contractor:
Division of Public Works
9 Riverside Street
Nashua, NH 03062

Agent for service of process:

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.

CITY OF NASHUA — OWNER

James Donchess, Mayor City of Nashua

Date:

CONTRACTOR:

By:

(Authorized Representative)

Print Name:

Date:

AG -6 of 6

\ THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

Be seems oe eee ae ate ee arene te ee a ee ae ee ee ee ee =

February 25, 2016
Memo #16-110

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CITYWIDE INFILTRATION INFLOW ANALYSIS (VALUE: $168,893)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER
ACTIVITY: INFLOW AND INFILTRATION

Please see the attached communication from Steven Dookran, P.E., City Engineer, dated February 29,
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 (February 29, 2016) and the Purchasing Department
recommend the award of this contract in the amount of $168,893 to Wright-Pierce of Manchester, NH.

R |

Pe ly, °
ww! KS o
(FMetyCO2_
- ' Dan Kooken
Purchasing Manager

Coe: S Dookran L Fauteux

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

To:

From:

Re:

G. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 29, 2016

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

Citywide Infiltration/Inflow Analysis

To approve the engineering contract for the Citywide Infiltration/Inflow
Analysis to Wright-Pierce of Manchester, NH in an amount not to exceed
$168,893. Funding will be through: Department: 169 - Wastewater; Fund:
Wastewater; Activity: Inflow and Infiltration .

From the large volumes of wastewater being treated by the wastewater facility during
times when the total flow is expected to be low, the City suspects that about 25 to 30 %
of extraneous infiltration and inflow (I/I) are coming into the plant. In addition, the new
discharge permit for the treatment plant requires ongoing efforts to reduce 1/I in the sewer
system.

Extraneous flows including infiltration and inflow reduces the capacity of the wastewater
collection system and increase costs to treat the extraneous water at the Nashua
Wastewater Treatment Facility (NWTF). Also, the discharge at the NWTF is reaching
the flow limit where planning of facility improvements and/or expansion may be
required. The purpose of this phase of this I/I Analysis is to provide citywide metering of
the sewersheds during the spring season which typically has higher groundwater and wet
weather events. Results for this will analysis will identify sewersheds with high
infiltration and inflow and provide recommendations for further investigations and
removal of infiltration and inflow.

A request for proposal was emailed to three engineering consulting firms on December
31, 2015 and posted on the City’s website. Four proposals were received on January 26,
2016 from the following firms:

Weston & Sampson of Portsmouth, NH $ 206,980
Wright-Pierce of Manchester, NH $ 168,893
Hazen of Boston, MA $ 257,527
Woodward & Curran of Andover MA $ 279,000

All four firms are qualified to complete the work. The proposal by Wright Pierce was
thorough and they can complete the required tasks for the least proposed cost. The
Selection Committee recommends Wright Pierce for this study.

CONTRACT FOR PROFESSIONAL SERVICES

CITYWIDE INFILTRATION/INFLOW ANALYSIS

RFP1094-012616

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019

AND

WRIGHT-PIERCE

NAME AND TITLE OF PROFESSIONAL ENGINEER

75 WASHINGTON AVENUE, PORTLAND, ME 04101
ADDRESS OF PROFESSIONAL ENGINEER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire,
from time to time requires the services of a Professional Engineer ; and

WHEREAS, it is deemed that the services of a Professional Engineer herein specified are
both necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they are duly qualified, equipped, staffed,
ready, willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually
agree as follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated
herein and are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

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.

AG 1 of 3

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional
Engineer shall furnish all services, equipment, and materials and shall perform all operations
necessary and required to carry out and perform in accordance with the terms and conditions of
the contract the work described.

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work
according to the Project Schedule as submitted. The time periods set forth may only be altered
by the parties by a written agreement to extend the period of performance or by termination in
accordance with the terms of the contract. Professional Engineer shall begin performance upon
receipt of an Executed Contract and a valid Purchase Order issued from the City.

4. COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to
exceed
One Hundred Sixty-Eight Thousand Eight Hundred Ninety-Three Dollars _($ 168,893.00)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions
of the Fee Schedule as submitted or unless Professional Engineer has received a written
exemption from the City Professional Engineer shall submit monthly requests for payment for
services performed under this agreement directly to

City of Nashua

Attn: Accounts Payable

PO Box 2019

Nashua, NH 03061-2019

Atten: Stephen Dookran, City Engineer

To facilitate the proper and timely payment of applications, the City of Nashua requires
that all invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each
month and must include a detailed summary of the expenditures reported in a form that supports
the approved budget. Specifically, Professional Engineer agrees to provide the following with
each request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order
number, a listing of personnel hours and billing rates, and other expenditures for which
payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a
description of the work accomplished, problems experienced, upcoming work, any extra
work carried out, and a schedule showing actual expenditures billed for the period,
cumulative total expenditures billed and paid to date under the contract, and a comparison
of cumulative total expenditures billed and paid to the approved budget.

The City will pay for work satisfactorily completed by Professional Engineer. The City will pay
Professional Engineer within 30 days of approval by the City of the submitted invoice forms and

AG 2 of 3

progress reports. The City will make no payments until the invoice forms and progress reports
have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless
approved by the City of Nashua.

6. NoTIcEs. All notices, requests, or approvals required or permitted to be given under this
contract shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States
mail, postage prepaid, and registered or certified, and shall be addressed to:

CITY REPRESENTATIVE: REPRESENTATIVE:

Stephen Dookran, P.E., City Engineer Paul Birkel, P.E., Senior Vice President
City of Nashua, DPW Engineering Wright-Pierce

9 Riverside Street 75 Washington Avenue

Nashua, NH 03062 Portland, ME 04101

Any notice required or permitted under this contract, if sent by United States mail, shall be
deemed to be given to and received by the addressee thereof on the third business day after being
deposited in the mail. The City or Professional Engineer may change the address or
representative by giving written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be
legally bound thereby.

City of Nashua, NH (signature) Wright-Pierce (signature)

James Douchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 3

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS

PROFESSIONAL ENGINEER STATUS AND PROVISION OF WORKERS’
COMPENSATION COVERAGE

STANDARD OF CARE

CITY REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

FEDERAL SUBCONTRACTING REQUIREMENTS
ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS
PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON- WAIVER OF TERMS AND CONDITIONS
RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES

SURVIVAL OF RIGHTS AND OBLIGATIONS

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