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22.

23.

24.

25.

26.

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 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.

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.

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.

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.

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.

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.

GC 11 of 13

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 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 securing a contract or securing 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.

27. Third Party Interests and Liabilities. The City of Nashua and Professional Engineer, including

28.

29.

30.

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.

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.

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.

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.

GC 12 of 13

31. 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.

GC 13 of 13

ot

i . A A i

\

Education
M.S, Gvil Engineering,
University of Maine

B.S, Environmental
Engineering, Rensselaer
Polytechnic Institute

Professional Registration
Maine

Massachusetts

New Hampshire

Experience
37 Years

Joined Firm
1987

Professional Affiliations
New England Water
Environment Association
(NEWEA)

Water Environment
Federation (WEF)

New England Biosolids and
Residual Association (NEBRA)

International Association on
Water Quality

Publications and

Presentations

Murawski, J, McNamara, M,
Pinnette, J, Giles, B., “Multi-
Phase Improvements to
Address Peak Wet Weather
Flows and Nutrient Limits at
the Fitchburg Easterly
Wastewater Treatment
Facility, NEWEA Annual
Conference, January 28,2020

WRIGHT-PIERCE

Engineering a Better Environment

Jeffrey Pinnette, PE

Project Assignment: Senior Project Manager

Experience Summary

Jeffrey is a senior project manager in the Massachusetts Practice Group at Wright-
Pierce with a strong background in wastewater treatment, residuals management,
and odor control. He currently manages projects for the Massachusetts Water
Resources Authority (MWRA); the city of Lowell; the city of Nashua, New Hampshire;
the city of Manchester, New Hampshire; and the South Essex Sewerage District in
Salem, Massachusetts. He has authored numerous articles on wastewater
treatment, residual management, and odor control including the biofiltration and
biotrickling filter sections in "TR-16: Guides for the Design of Wastewater Treatment
Works,” published by the New England Interstate Water Pollution Control
Commission.

Relevant Project Experience

« Wastewater Treatment Facility Ran, Nashua, NH

« &reening Upgrade, Wet Weather Hows Treatment Facility, Nashua, NH

« Primary Caritier Upgrade, WWTF, Nashua, NH

« Asset Management Program Development, Winnipesaukee River Basin
Program (WRBP), NH

« _Headworks Screening Upgrade, Nashua, NH

« Main Electrical Upgrade at Franklin WWTF, WRBP, NH

« Aeration System Upgrade, Manchester, NH

« Update of Sandard Operating Procedures at Nashua WWTF, Nashua, NH

« HVAC Upgrade, Nashua, NH

« Wastewater Equipment Replacement Fund Update for Nashua WWTF,
Nashua, NH

« Grit Removal Upgrade, Nashua, NH

« WWTF Improvements, Plymouth, NH

« Facility Pan Evaluation, Pymouth, NH

« Phase 3 Assessments and Upgrades, Duck Island WWTF, Lowell, MA

« Process Operations Review and Optimization, South Essex Sewerage District
(SESD), Salem, MA

« WWTPAssessment, Rockland, MA

« WWTF Upgrade, Pepperell, MA

« Secondary System Upgrade, Fitchburg, MA

« Asset Management Program Development, Fitchburg, MA

« Local Limits Evaluation, Fitchburg, MA

« Capital and Debt Cost Allocation among Member Communities, Greater
Lawrence Sanitary District, North Andover, MA

Denis, B.M., Pinnette, JR
Tobiason, D.F., McNeil, F,
and Robertson, R.
“Manchester, New
Hampshire, Retools Its
Aeration System for the Next
Generation” NEWEA Journal,
Summer 2017

Pinnette, JR, “Odor Control
for Wastewater Utilities,”
MWUA Annual Trade Show,
Portland, Maine, February 8,
2017

Pinnette, JR, “Value
Engineering: What Projects
Need It, Why It’s Important,
When to Start the Process,
and How to Do It,” MeWEA
Spring Conference, Bangor,
Maine, April 15, 2016

Capano, D.E and JR.
Pinnette, “Odor Control Case
Study: Evaluation and
Corrective Action at the
Stamford WPCP” NEWEA
Annual Conference, Boston,
January 27, 2016

Finnette, JR, and Cockburn,
D.L, “Planning for Cimate
Change at Your Wastewater
Treatment Facility: What You
Should Be Doing Now,”
NEWEA Annual Conference,
Boston, Massachusetts
January 27, 2015

Peckenham, JM., Pinnette,
JR, and MacDonald, G., "The
Biosolids White Paper -
Making Objective Science
Accessible", International
Water Association Specialist
Conference on Biosolids,
Moncton, New Brunswick,
June 25, 2007

WRIGHT-PIERCE

Engineering a Better Environment

Jeffrey Pinnette, PE

Primary and Aeration System Improvements, Greater Lawrence Sanitary District,
North Andover, MA

CEPT and Interim Phosphorus Removal, Fitchburg, MA

POTW Optimization Study, Fitchburg, MA

Chelsea Screen House, Dewberry / Massachusetts Water Resources Authority,
Chelsea, MA

Secondary System Evaluation, Greater Lawrence Sanitary District,

North Andover, MA

Secondary System Capacity Improvements, Fitchburg, MA

New Headworks Facilities, Rtchburg, MA

Evaluation of Buy-in Fee, Greater Lawrence Sanitary District,

North Andover, MA

WW'TF Improvements for CSO Abatement, Greater Lawrence Sanitary District,
North Andover, MA

WWTF Upgrade, Manchester-by-the-Sea, MA

Westerly WWTP Expansion, Marlborough, MA

Value Engineering, Waterbury, CT

Value Engineering of Headworks and Secondary System Upgrades,

Norwalk, CT

New Variable Soeed Drives and Blowers, Metropolitan District Commission,
Hartford, CT

WWTP Preliminary Design Report, Sonington, CT

Facility Ran Amendment, Woonsocket, Ri

Aeration System Blowers, Lewiston-Auburn Water Pollution Control Authority,
Lewiston, ME

Wet Weather Flow Capacity, Lewiston-Auburn Water Pollution Control
Authority, Lewiston, ME

Capital Improvement Plan, Yarmouth, ME

Activated Gudge Secondary Treatment System Upgrade, Lewiston-Auburn Water
Pollution Control Authority, Lewiston, ME

Facility Plan Update, South Portland, ME

Industrial Impacts Evaluation at Rockland WWTF, Rockland, ME

Facility Plan Update and Energy Audit, Greater Augusta Utility District,
Augusta, ME

Wet Weather Facility Upgrade, South Portland, ME

Energy Audit and Physical Asset Evaluation, Biddeford, ME

Preliminary Design of WWTF Capacity Improvements, Kennebec Sanitary
Treatment District, Waterville, ME

WWTTF Capacity Evaluation, Kennebec Sanitary Treatment District,

Waterville, ME

WWTF Capacity Evaluation, Rockland, ME

WWTTF Capacity Evaluation, Lewiston-Auburn Water Pollution Control Authority,
Lewiston, ME

WWTF Blower Control Design, Bangor, ME

City of Nashua

Purchasing Department

Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

March 30, 2022
Memo #22-252

TO: Mayor Donchess
Finance Committee

SUBJECT: Paving: Management & Construction Administration in the amount not to exceed
$227,300 funded from 54210 Construction Services/Bond

Please see attached communications from Daniel Hudson, City Engineer, dated March 24, 2022 for project
specific details related to this purchase. Below please find a summary of the purchase approval request:

Item:
Value:
Vendor:

Department:
Source Fund:

Ordinance:

Paving: Management & Construction Administration
$227,300

Hayner Swanson Inc.

160 Admin/Engineering

54210 Construction Services/ Bond

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 Board of Public Works (3/24/2022 BPW meeting), Division of Public Works: Engineering, and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson

Purchasing Manager

Ce: D Hudson
C O'Connor

To:

From:

Re:

J. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: March 24, 2022

Daniel Hudson, P.E., City Engineer
Engineering Department

2022 Paving Program — Engineering Services

To approve the engineering services contract amendment with Hayner/Swanson, Inc.
of Nashua, NH in the amount of $227,300 for the management and construction
administration of the paving program. Department: 160 Admin/Engineering; Fund:
Bond; Activity: Paving.

14 miles of roadways are planned to be paved this year as part of the 2022 annual
paving program at a cost of approximately $4.6 million. The paving program includes
~3 miles of carryover work from 2021 contracts. Due to the scale of the project, a
professional services contract amendment with Hayner/Swanson, Inc. (HSI) is
necessary to assist City Engineering staff with the overall program management,
coordination, construction administration and observation.

The engineering services required are varied, and HSI’s responsibilities may be
adjusted by the City, based upon the specific needs and City staff workload. As in
previous years, HSI will work as an extension of City staff as a valuable team member,
due to their extensive experience with successfully completing other City projects, their
attention to cost control, and responsiveness to the City’s needs.

AMENDMENT No. 2
TO
CONTRACT FOR PROFESSIONAL SERVICES

BETWEEN
CITY OF NASHUA
AND
HAYNER/ SWANSON, INC.
This Amendment No.3 made the day of 2022, by and between The City of

Nashua, New Hampshire (hereinafter called OWNER), and Hayner/Swanson, Inc (hereinafter called
ENGINEER).

WHEREAS, an AGREEMENT was entered into on May 7, 2020 and amended on April 9, 2021, between the
OWNER and ENGINEER, which AGREEMENT is entitled “Pavement Management Engineering Services”.

hereinafter referred to as AGREEMENT.

The AGREEMENT shall be further amended to include this Amendment, a copy of which is attached as

EXHIBIT A.

CHANGE IN CONTRACT PRICE:
Original Contract Price

$398,230

CHANGE IN CONTRACT TIMES:
Original Contract Times

Contract completion date: December 1, 2020

Net changes from previous Amendments

$242,500

Net change from previous Amendments

395 Days

Contract Price prior to this Amendment

$640,730

Contract Times prior to this Amendment

Contract completion date: December 31, 2021

Net Increase (deerease) of this Amendment

$227,300

Net Increase (deerease) of this Amendment

365 Days

Contract Price with all approved Change Orders

$868,030

Contract Times with all approved Change Orders

Contract completion date: December 31, 2022

Amendment 2
Professional Services
Pavement Management Engineering Services

Page 1 of 5

RATS /T Hayner/Swanson, Inc.

Civil Engineers/Land Surveyors

EXHIBIT A

February 24, 2022

Mr. Daniel Hudson, P.E.
City Engineer

9 Riverside Street
Nashua, NH 03062

Dear Mr. Hudson:

Hayner/Swanson, Inc. (HSI) is pleased to submit this proposal to provide professional services in
support of the City of Nashua’s paving program. Consistent with the services we have provided
in earlier contracts, this work will be performed as an extension of the City Engineering
Department.

We note that the term of our most recent contract was established to run through December 31,
2021. We have been able to continue work beyond this date with a 2021 budget surplus. In this
proposal for the 2022 program, we have incorporated a credit for the remaining unused funds
from the 2021 budget.

The term of this proposed contract will run through December 31, 2022. It is anticipated that the
extent to which support will be needed for the 2023 program will be assessed in Fall 2022.

In this highly integrated effort, coordination and construction administration will be staffed by
both City staff and HSI personnel.

We understand that the services to be provided on the paving program will be varied and will
include management, administration and construction observation. At times, we will be directly
responsible for tasks. At other times, we will work in direct support of City staff. Our
commitment to flexibility and to consistent and clear communication with the City will continue
to be a key element in this program.

We understand that our responsibilities may be adjusted by the City based upon the specific
needs and workload of the City staff. We anticipate that tasks which we may be called upon to
undertake include:

e Overall coordination related to programming and scheduling project work
e Coordination with Stantec as they work to update their pavement condition database
e Coordination with privately owned utilities in advance of and during construction

3 Congress St. Nashua, NH 03062 - (603) 883-2057 Page 2 of 5
131 Middlesex Turnpike, Burlington, MA 01803 - (781) 203-1501
www.hayner-swanson.com

e Review of existing conditions to identify issues such as existing driveway or walk
puddles, and utility concerns

e Assistance during construction start-up including kick-off meetings and establishment of
working and reporting practices with contractors

e Construction observation including measuring and tracking quantities, as well as
preparation of comprehensive daily reports

e Compilation of project records

e Administration and support of construction contract closeout process

e Close coordination with Contractor during reconstruction of ADA compliant sidewalk
ramps

In performing these services, we understand that our efforts will always be as directed by the
City Engineer. At times, we may perform services which the City’s standard General Conditions
for construction contracts assign to the “Engineer”. We note that performing these duties will
not bestow upon us the role and responsibilities of “Engineer” as may be defined in contracts
with construction contractors.

HSI will not be given the authority to stop the Contractor’s work, nor to order the Contractor to
perform work beyond contract limits. If so directed by the City Engineer, we will deliver such
orders on the Engineer’s behalf.

On occasions when City staff may be working under the direct supervision of HSI, we
understand that the City staff will perform work with a standard of care equal to or exceeding the
standard we require of our own staff. City staff working under our supervision on construction
sites will be expected to always wear appropriate safety equipment and maintain detailed
records.

We understand that it is the City’s desire to establish a budget for HSI’s services which will be
performed as directed by the City Engineer. On a monthly basis, we will prepare a report on the
status of our overall budget and submit the report with our invoice. We anticipate that as work
progresses, the specific tasks we work on will vary dependent upon the workload of City staff, as
well as the budget remaining for our support.

We anticipate that our work will fall under four categories:
1. Principal Level: Work under this category will be administrative and supervisory

support. We anticipate that these services will be provided by John Vancor, P.E. and
Paul Hayner, P.E.

2, Engineering and Construction Manager: Work under this category will include utility
coordination, review of technical concerns, review of payment requisitions, resolution of
disputes and preparation of possible change order documentation, preparation of bid
documents and contract coordination with contractors. We anticipate that these services
will primarily be provided by Scott Murphy, P.E. and Francisco Mota.

Page 3 of 5