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\ THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

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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.

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- ' Dan Kooken
Purchasing Manager

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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.

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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

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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

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te

Bidder and Surety. jointly and severally, bind
themselves, their heirs, cxecuters, administrators,
successors, and assigns to puy to OWNER upon
default of Bidder the penal sum sct forth on the face
of this Bond.

Default of Bidder shall occur upon the failure of
Bidder © deliver within the time required by the
Bidding Documents (or any extension thereof’
agreed to in writing by OWNER) te executed
Agreement required by the Bidding Documents and
any performance and payment bonds required by
the Bidding Documents and Contract Documents.

This obligation shall be null and void if:

3.1. OWNER accepts Bidder’s bid and Bidder
delivers within the time required by the
Bidding Documents (or any extension thereof
agreed to in writing by OWNER) the executed
Agreement required by the Bidding Documents
and any performance and payment bonds
required by the Bidding Documents and
Contract Documents, or

3.2 Allbids are rejected by OWNER, or

3.3 OWNER fails @ issue a notice of award to
Bidder within the time specified in the Bidding
Documents (or any extension thercofagrced to
in writing by Bidder and, if applicable,
consented to by Surety when required by
paragraph 5 hereof).

Payment under this bond will be due and payable
upon default by Bidder und Within 30 celendar days
ofter receipt by Bidder and Surety of written notice
of default from OWNER, which notice will be
given with reasonable promptness, identifying this
Bond and the Project and including a statement of
the amount duc.

Surety waives notice of and any and all defiznses
based on or arising out of any time extension to
issuc notice of award agreed to in writing by
OWNER il Bidder, provided that the time for
issuing Notice of Award including extensions shall
not in the agercgate exceed 120 days fromBid Duc
Date without Surcty's writtenconsent.

No suit or action shall be commenced under this
Bond prior 10 30 calendar days after the notice of
default required in paragraph 4 above is received by
Bidder and Surety, und in n0 case [ster than one year
afler Bid due date.

7.

Any suit or action under this Bond shall be
commenced only in 9 court of competent
jurisdiction located in the state in which the Project
is located.

.& Notice required hereunder shall be in writing and sent

to Bidder and Surety a their respective addresses
shown on the face of this Bond. Such notices may
be sent by personal delivery, commercial courier or
by United States Registered of Certified Mail,
return receipt requested, postage pre-paid, and shall
be deemed to be effective upon receipt by the party
concemed,

Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing
the authority of the officer, agent or representalive
who executed this Bond on behalf of Surety to
execute, seal and deliver such Bond and bind the
Surety thereby.

10. This Bond is intended to conform ¢ all applicable

statulory requirements. Any applicable requirement
of any applicable statute that hos been omitted from
this Bond shalt be deemed to be included herein as
if sct forth et length. If any provision of the Bond
conflicts with uny applicable provision of any
applicable statute, then the provision of said statute
shall govern and the remainder of this Bond that is
not in conilict therewith shall continue in full force
and effect.

The term "Bid" as used herein includes a Bid, offer
Or proposal ss applicable

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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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30. SEVERABILITY GC--12
31. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT GC--12

32. CHOICE OF LAW AND VENUE GC--13

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GENERAL CONDITIONS

1, DEFINITIONS. Unless otherwise required by the context, "Professional Engineer” includes any of
the Professional Engineer's consultants, sub consultants, contractors, and subcontractors

2. PROFESSIONAL ENGINEER STATUS AND PROVISION OF WORKERS’ COMPENSATION
COVERAGE. The parties agree that Professional Engineer shall have the status of and shall perform all
work under this contract as a Professional Engineer, maintaining control over all its consultants, sub
consultants, contractors, or subcontractors. The only contractual relationship created by this contract is
between the City and Professional Engineer, and nothing in this contract shall create any contractual
relationship between the City and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City employee and that there
shall be no:

(1) Withholding of income taxes by the City:

(2) Industrial insurance coverage provided by the City;

(3) Participation in group insurance plans which may be available to employees of the
City;

(4) Participation or contributions by either the Professional Engineer or the City to the
public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City;

(6) Unemployment compensation coverage provided by the City.

Professional Engineer agrees, if applicable and before commencing any work under the contract, to
complete and to provide the following written request to its insurer:

Wright-Pierce has entered into a contract with the City of Nashua to perform work upon
receipt of an Executed Contract_and_a valid Purchase Order issued from the City and requests
that the Insurer provide to the City of Nashua 1) a certificate of coverage, and 2) notice of any
lapse in coverage or nonpayment of coverage that the Professional Engineer is required to
maintain. The certificate and notice should be mailed to:

Risk Management
City of Nashua
229 Main Street
Nashua, NH 03060

Professional Engineer agrees, if not exempt, to maintain required workers’ compensation coverage
throughout the entire term of the contract. If Professional Engineer does not maintain coverage
throughout the entire term of the contract, Professional Engineer agrees that City may, at any time the
coverage is not maintained by Professional Engineer, order the Professional Engineer to stop work,
suspend the contract, or terminate the contract. For each six-month period this contract is in effect,
Professional Engineer agrees, prior to the expiration of the six-month period, to provide another written
request to its insurer for the provision of a certificate and notice of lapse in or nonpayment of coverage. If
Professional Engineer does not make the request or does not provide the certificate before the expiration
of the six-month period, Professional Engineer agrees that City may order the Professional Engineer to
stop work, suspend the contract, or terminate the contract.

3. STANDARD OF CARE. Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this contract.
Professional Engineer warrants that all work shall be performed with the degree of professional skill,
care, diligence, and sound practices and judgment that are normally exercised by recognized professional
firms with respect to services of a similar nature. It shall be the duty of Professional Engineer to assure at
its own expense that all work is technically sound and in conformance with all applicable federal, state,

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and local laws, statutes, regulations, ordinances, orders, or other requirements. In addition to all other
rights which the City may have, Professional Engineer shall, at its own expense and without additional
compensation, re-perform work to correct or revise any deficiencies, omissions, or errors in the work or
the product of the work or which result from Professional Engineer's failure to perform in accordance
with this standard of care. Any approval by the City of any products or services furnished or used by
Professional Engineer shall not in any way relieve Professional Engineer of the responsibility for
professional and technical accuracy and adequacy of its work. City review, approval, or acceptance of, or
payment for any of Professional Engineer's work under this contract shall not operate as a waiver of any
of the City's rights or causes of action under this contract, and Professional Engineer shall be and remain
liable in accordance with the terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under this
contract. The City reserves the right to approve key personnel assigned by Professional Engineer to
perform work under this contract. Approved key personnel shall not be taken off of the project by
Professional Engineer without the prior written approval of the City, except in the event of termination of
employment. Professional Engineer shall, if requested to do so by the City, remove from the job any
personnel whom the City determines to be incompetent, dishonest, or uncooperative.

4, CITY REPRESENTATIVE. The City may designate a City representative for this contract. If
designated, all notices, project materials, requests by Professional Engineer, and any other communication
about the contract shall be addressed or be delivered to the City Representative.

5. CHANGES TO SCOPE OF WORK. The City may, at any time, by written order, make changes to
the general scope, character, or cost of this contract and in the services or work to be performed, either
increasing or decreasing the scope, character, or cost of Professional Engineer's performance under the
contract. Professional Engineer shall provide to the City within 10 calendar days, a written proposal for
accomplishing the change. The proposal for a change shall provide enough detail, including personnel
hours for each sub-task and cost breakdowns of tasks, for the City to be able to adequately analyze the
proposal. The City will then determine in writing if Professional Engineer should proceed with any or all
of the proposed change. If the change causes an increase or a decrease in Professional Engineer's cost or
time required for performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Professional Engineer for adjustment under this
clause shall be asserted in writing within 30 days of the date the City notified Professional Engineer of the
change.

When Professional Engineer seeks changes, Professional Engineer shall, before any work commences,
estimate their effect on the cost of the contract and on its schedule and notify the City in writing of the
estimate. The proposal for a change shall provide enough detail, including personnel hours for each sub-
task and cost breakdowns of tasks, for the City to be able to adequately analyze the proposal. The City
will then determine in writing if Professional Engineer should proceed with any or all of the proposed
change.

Except as provided in this paragraph, Professional Engineer shall implement no change unless the City in
writing approves the change. Unless otherwise agreed to in writing, the provisions of this contract shall
apply to all changes. The City may provide verbal approval of a change when the City, in its sole
discretion, determines that time is critical or public health and safety are of concern. Any verbal approval
shall be confirmed in writing as soon as practicable. Any change undertaken without prior City approval
shall not be compensated and is, at the City's election, sufficient reason for contract termination.

6. CITY COOPERATION. The City agrees that its personnel will cooperate with Professional
Engineer in the performance of its work under this contract and that such personnel will be available to
Professional Engineer for consultation at reasonable times and after being given sufficient advance notice
that will prevent conflict with their other responsibilities. The City also agrees to provide Professional
Engineer with access to City records in a reasonable time and manner and to schedule items that require

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