Cemetery Brook Drain Tunnel (CBDT) Project

Agency:	City of Manchester
State:	New Hampshire
Type of Government:	State & Local
NAICS Category:	236220 - Commercial and Institutional Building Construction 237110 - Water and Sewer Line and Related Structures Construction 237990 - Other Heavy and Civil Engineering Construction
Posted Date:	Dec 6, 2023
Due Date:	Jan 30, 2024
Solicitation No:	FY24-270-23
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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CITY OF MANCHESTER, NEW HAMPSHIRE

DEPARTMENT OF PUBLIC WORKS

CEMETERY BROOK DRAIN TUNNEL PROJECT

PROGRAM MANAGER

REQUEST FOR PROPOSALS

PROCUREMENT NUMBER: FY24-270-23

Issued Date: December 6, 2023

Proposal Deadline Date/Time: January 30, 2024 at 5pm EST

Proposal Submission Information:

Submitted electronically to: tclougherty@manchesternh.gov

Email Subject Line: DPW Program Manager RFP Proposal (#FY24-270-23)

Proposal Contact:

Timothy J. Clougherty

Public Works Director, City of Manchester Department of Public Works

City of Manchester Department of Public Works, 475 Valley St, Manchester, NH 03103

tclougherty@manchesternh.gov

Request for Proposal – Manchester, New Hampshire DPW

Dated: December 6, 2023

Table of Contents

1.0 INTRODUCTION........................................................................................................................... 3

2.0 SCOPE OF WORK......................................................................................................................... 4

3.0 GENERAL INFORMATION ...................................................................................................... 11

4.0 GENERAL SUBMISSION PROVISIONS ................................................................................. 14

5.0 EVALUATION & AWARD......................................................................................................... 17

6.0 PROPOSAL FORMAT REQUIREMENTS .............................................................................. 21

APPENDIX A – PROPOSER’S LEGAL STATUS DISCLOSURE ................................................ 24

APPENDIX B – DEBARMENT, PERFORMANCE AND NON-COLLUSION

CERTIFICATION ................................................................................................................................ 28

APPENDIX C – RESPONSE TO QUESTIONS & INFORMATION REQUESTS....................... 29

APPENDIX D – CONTRACT TERMS AND CONDITIONS.......................................................... 32

APPENDIX E – PROJECT SCHEDULE – SUBJECT TO CHANGE............................................ 41

Page 2 of 42

Request for Proposal – Manchester, New Hampshire DPW

Dated: December 6, 2023

1.0 INTRODUCTION

1.1 Definitions, Background, Purpose and Specifications

1.1.1 General Definitions

The City of Manchester, New Hampshire Department of Public Works will

hereinafter be referred to as the “City” or “Owner.”

The “Project” is the Cemetery Brook Drain Tunnel Project.

The “Project Engineer” is CDM Smith.

Entities that submit an “Intent to Propose” as set forth in Section 4.2, shall be

referred to as “Respondent” or collectively as “Respondents.”

The Respondent with whom the City executes a contract shall be referred to as the

“Program Manager.”

1.1.2 Background

Overview

The Owner is the largest city in New Hampshire.

The Project is part of the City’s consent decree between the City of Manchester,

the United States and the State of New Hampshire issued by the United States

District Court for the District of New Hampshire in USA et al v. Manchester, NH,

City of, Case No. 1:20-cv-00762-SM, entered July 15, 2020 (the “Consent

Decree”) to complete a $300+ million, 20-year Combined Sewer Overflow

(“CSO”) mitigation program. The Project will remove Cemetery Brook drainage

flows from the City’s combined sewer system and will ultimately support the

future sewer separation in the City’s largest drainage basin over the next 20 years.

The Project will improve water quality in the Merrimack River by reducing CSO

discharge during heavy rain events and reduce average daily flows to the

Manchester Wastewater Treatment Facility.

The Project includes the Cemetery Brook Drain Tunnel (“CBDT”), which will be

approximately two miles long starting at the Merrimack River south of the Queen

City Bridge and ending on Mammoth Road. The CBDT will be 12 feet in diameter

and constructed at depths of 30 feet to 80 feet below ground surface. The majority

of construction activity will be at the CBDT launch site adjacent to the Merrimack

River, at seven drop shaft sites along the CBDT route, and at the CBDT

termination site on Mammoth Road.

1.1.3 Proposed Project Schedule

Proposed Project Schedule is attached as Appendix E. This schedule is subject to

change.

Page 3 of 42

Request for Proposal – Manchester, New Hampshire DPW

Dated: December 6, 2023

1.2 Purpose

The purpose of this Request for Proposals (“RFP”) is to solicit proposals from qualified

entities or organizations to serve as Program Manager (“PM”) to assist Owner in the

performance of its obligations and enforcement of its rights during the design and

construction of the Project. The Program Manager shall work with Owner’s Department of

Public Works, the Project Engineer, related consultants, designers/engineers, and the

construction contractor to, among other things, administer the contracts between these

entities and the Owner, as executed or later executed (collectively, the “Project Contracts”)

on behalf of Owner, to assure that the Project is designed and constructed in accordance

with the applicable design and construction standards, Owner’s needs and priorities, and

the Project Contracts, and that the Project is completed on schedule, on budget, and to a

level of quality commensurate with Owner’s requirements and also as required by the

following “Contract Documents”: (.1) the Consent Decree, (.2) the design/engineering

drawings and specifications, (.3) the Project Contracts, and (.4) the Geotechnical Baseline

Report; (.5) Geotechnical Data Report; and (.6) Environmental Data Report.

Respondents should review Section 2.0 Scope of Work. Though this RFP relates primarily to the Scope of

Work set forth in Section 2.0 below, Respondents should be prepared, by way of Change Order, to provide

additional services to the City to meet the purpose set forth herein.

2.0 SCOPE OF WORK

2.1 As set forth above, the Program Manager’s services shall generally include: (1) assisting

Owner in the performance of its obligations and enforcement of its rights during the

completion of the design and through the construction of the Project; (2) working with

Owner’s Department of Public Works, the Project Engineer, related consultants,

designers/engineers, and the construction contractor to, among other things, administer the

Project Contracts on behalf of Owner, to assure that the Project is designed and constructed

in accordance with the applicable design and construction standards, Owner’s needs and

priorities and the Contract Documents, and that the Project is completed on schedule, on

budget and to a level of quality commensurate with Owner’s requirements and the

requirements of the Contract Documents; and (3) coordinating and integrating the Project

with related work and projects by the City and other stakeholders. At minimum, the Scope

of Work requires the Program Manager to provide an individual (or individuals) to serve

in the roles of program manager/ point of contact, Professional Engineer(s) Registered in

the State of New Hampshire, and on-site construction and administrative staff. In addition

to the above, the Program Manager shall be responsible for the obligations of Owner set

forth in the Project Contracts and the Contract Documents that would typically be delegated

to Program Manager, as Owner’s representative. Except as set forth in the Program

Manager’s Contract with the Owner, the Program Manager shall have no authority to enter

into any contracts or otherwise to legally bind or obligate Owner. All approval authority

and signature authority for expenditure of funds shall remain with Owner. The Program

Manager will be an independent consultant and not an employee of Owner.

The City reserves the right to extend the Scope of Work to future contracts associated with

the Consent Decree for the provision of services within the general scope set forth in this

Section 2 by amendment to the Contract agreed to in writing by the City and Program

Manager.

Page 4 of 42

Request for Proposal – Manchester, New Hampshire DPW

Dated: December 6, 2023

Overall Coordination_____________________________________________________

2.1.1

2.1.2

2.1.3

2.1.4

2.1.5

2.1.6

2.1.7

2.1.8

The Program Manager shall advise Owner on procurement process for the Project

given Design-Bid-Build project delivery method.

2.1.1.1 Assist Owner and participate in selection and procurement of a

construction contractor and negotiation of contracts with

construction contractor and other contractors;

2.1.1.2 Assist Owner and participate in selection and procurement of major

material suppliers and negotiation of contracts with such entities for

Owner-supplied materials for the benefit of Owner, as applicable;

and

2.1.1.3 Assist Owner and participate in selection and procurement of

Owner’s direct consultants, including, if applicable, testing and

commissioning agents, and negotiation of contracts with such

entities for services for the benefit of Owner, as applicable.

The Program Manager shall coordinate between Owner, the Project Engineer,

major material suppliers, consultants, and the construction contractor as necessary,

including as set forth as responsibilities of “Owner”, “Owner’s Representative”

and “Program Manager” in the Project Contracts;

2.1.2.1 Assist Owner in the performance of its obligations and enforcement

of its rights during the design and construction of the Project,

including but not limited to under the Project Contracts; and

2.1.2.2 The Program Manager will be responsible for review of all

submittals and deliverables received and recommending to Owner

an appropriate action to take as to submittals and deliverables

received.

The Program Manager shall report to the City’s Department of Public Works,

including preparing Executive Briefings, at least monthly or at other appropriate

intervals.

The Program Manager shall coordinate with other Project stakeholders, including

but not limited to real property owners, on behalf of Owner with respect to the

Project and each such stakeholder’s interest therein.

The Program Manager shall assist the Owner, the Project Engineer and the

construction contractor with public presentations/meetings, and shall attend such

presentations/meetings as necessary.

Program Manager shall assist the Owner with the preparation of a quarterly

newsletter to familiarize staff, stakeholders, and the public of the Project’s

progress.

The Program Manager shall develop and provide an overall financial reporting

system for Owner’s use. This financial reporting system shall track Project-related

expenses and cost information, including but not limited to original budget,

original contract amount, change orders, potential and proposed change orders,

change directives, claims, payment applications, etc. The Program Manager shall

update the financial reporting on-going basis, with assistance as needed from

Owner, the Project Engineer and the construction contractor and in cooperation

with Owner’s designated representative. The system shall conform to Owner’s and

the Contract Documents’ requirements and format and Program Manager shall

provide Owner with a one-page summary report every month.

The Program Manager shall establish and maintain a Project Management

Information System to track and organize for Owner’s benefit detailed records of

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Cemetery Brook Drain Tunnel (CBDT) Project

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