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ENGINEERING CONSTRUCTION PHASE CONTRACT Page 5 of 6
For Professional Services for Treatment Works

condition on demand by the OWNER; 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 OWNER or his
authorized agent in providing the DIVISION 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 construction 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 facilities within rights-of-way and other lands under its jurisdiction.

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-civi-engineer and DIVISION approved inspectors (fulttime,
part time) as needed with the experience and other approved background to assist the ENGINEER in the work of
General Administration and to assure contractor’s conformance with the plans and specifications and any
approved coincident or subsequent changes or change orders related to the PROJECT. The resident registered
engineer for the life of this contract shall be

Michael C. Patrick, Wright-Pierce, 230 Commercial Way, Suite 301, Portsmouth, NH 03801
(Name and Address)
(Append resume describing Candidate’s qualifications)

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 who 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 DIVISION’S Roster of Prequalified
Engineers.

V. OWNER'S TERMS AND CONDITIONS

Exhibit B - City of Nashua Professional Services General Terms and Conditions is hereby incorporated by
reference as if fully set forth herein.

Construction Phase Engineering Rev 11/2020
Pump Stations Upgrades — Phase II

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 6 of 6
For Professional Services for Treatment Works

IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals at HILLSBOROUGH County, New Hampshire,
the day, month, and year first above written.

ENGINEER:

WRIGHT-PIERCE

By: Date:
(Authorized Representative’)

OWNER:

CITY OF NASHUA, NEW HAMPSHIRE

By: Date:
(Authorized Representative’)

APPROVED:?

DEPARTMENT OF ENVIRONMENTAL SERVICES: Water Division

By: Date:
(Authorized Representative’)

1 Signatures should be supported by appropriate document.

2 itis agreed that as an act in furtherance of its statutory authority to approve engineering agreements for treatment works, the DIVISION's approval does not impose
any contractual obligation or liability on the State of New Hampshire, the Department of Environmental Services or the Division.

Construction Phase Engineering Rev 11/2020
Pump Stations Upgrades — Phase II

230 Commerce Way, Suite 302
Portsmouth, NH 03801
603.430.3728 | www.wright-pierce.com

|, Ryan T. Wingard, hereby certify that | am the duly elected Clerk of Wright-Pierce.

| certify that the following is a true copy of a vote taken at a meeting of the board of directors of the
corporation, duly called and held on April 22, 2021, at which a quorum of the board was present and voting.

VOTED:

That any one or all of the following officers of Wright-Pierce, on behalf of the corporation, are authorized to
execute all Wright-Pierce contracts, both service agreements and general contractual obligations:

e Paul F. Birkel, Executive Vice President

e John W. Braccio, President/CEO

« Richard N. Davee, Vice President

e Steven C. Hallowell, Vice President

e Edward J. Leonard, Vice President

e Christopher N. Pierce, Vice President

e Richard G. Protasowicki, Vice President

« Laura J. Riley, Vice President/Treasurer/CFO
e« Timothy R. Vadney, Vice President

« RyanT. Wingard, Vice President/Clerk

| hereby certify that said vote has not been amended or repealed and remains in full force and effect.

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Engineering a Better Environment

Page 1 of 2

Cost or Price Summary Format for Sub-agreements Under NH SAG and SRF

Part I: General

Grantee/Loanee Name: City of Nashua

Grant/Loan #: CS-330158-32

Contractor/Subcontractor Name: Wright-Pierce

Proposal Date: 05-20-2021

Contractor/Subcontractor Address:

230 Commercial Way, Suite 301, Portsmouth, NH 03801

Street name and number City/Town

State ZIP

Services Furnished:

Nashua Wastewater Pump Station Upgrades -
Phase 2: Construction Administration, Resident
Services, O&M Manual, Record Drawings, and
Start-up Services

Part Il: Cost Summary

Direct Labor (Specify labor categories) Hours Hourly Estimated Totals
Rate (Est.) Cost
Principal-in-Charge 10 $65.00 $650
Project Manager 80 $60.50 $4,840
Technical Advisor/Sr. Project Engineer 4 $62.00 $248
Lead Project Engineer 810 $45.00 $36,450
Project Engineer 648 $31.00 $20,088
Sr. Project Engineer - Civil 58 §52.00 $3,016
Sr. Project Architect 36 $56.50 $2,034
Sr. Project Engineer - Structural 62 $50.50 $3,131
Project Engineer - Mechanical 30 $45.75 $1,373
Sr. Project Engineer - Instrument. 200 $60.00 $12,000
Sr. Project Engineer - Electrical 180 $56.00 $10,080
CADD Operator 96 $31.00 $2,976
Admin. Assistant 116 $22.00 $2,552
Resident Project Representative 1248 $31.00 $38,688
Direct Labor Total $138,126
Indirect Costs (Specify indirect cost pools.) Rate X Base = Est. Cost
168.7% $138,126 $233,018
Indirect Costs Total $233,018
Other Direct Costs Est. Cost
Transportation $5,455
Resident Services — Transportation allowance $10,950
Travel Costs Total $16,405
Equipment Materials, Supplies (Specify categories.) Qty. Cost Est. Cost
Printing, postage, telephone, fax, etc. 1 $2,937.40 $2,937
Equipment Subtotal $2,937
Subcontracts | Qty. | Cost Est. Cost
Material Testing 50.00
Resident Services 50.00
Subcontractors Subtotal $0.00
Other (Specify categories.) Est. Cost
Other Subtotal $0.00
Other Direct Costs Total $19,342
Total Estimated Cost $390,486
Profit $37,114
Total Price $427,600
**Profit not permitted by City of Nashua on all Other Direct Costs, including subcontractors.
Construction Phase Engineering Rev 9/2020

Pump Stations Upgrades — Phase II

Page 2 of 2

Part III Price Summary

Competitors Catalog Listings, In-house Estimates, Prior Quotes
(Indicate basis for price comparison)

Market
Price(s)

Proposed
Price

Total

Part IV Direct Labor by Category

14. INSERT THE APPROPRIATE WORK CATEGORY IN THE TABLE BELOW. WORK CATEGORIES WOULD INCLUDE BUT NOT BE
LIMITED TO THOSE CATEGORIES SHOWN IN THE CONTRACT DOCUMENTS SUCH AS DESIGN, SURVEY, SUBSURFACE, CADASTRAL,
O&M MANUAL, ADMINISTRATION, INSPECTION, RECORD DRAWINGS, START-UP, SPECIAL SERVICES ETC.

Work Category ey au we

2 wo» 3 3 33 s z $ Estimated | Average | Estimated

FS Z zy

3 ce 4 2 ce = 5 S d Hours Rate Hours

ma oa|l| «ad aa os 2a
Principal-in-Charge 0 8 0 2 0 0 10 S 65.00 S 650.00
Project Manager 0 71 0 6 2 1 80 S 60.50 S 4,840.00
Technical Advisor/Sr. 0 4 0 0 0 0 4 $62.00 | $ 248.00
Project Engineer
Lead Project Engineer 0 724 0 56 24 6 810 S 45.00 S 36,450.00
Project Engineer 0 520 0 AO 60 28 648 S 31.00 S 20,088.00
ar roles Engineer - 0 56 0 2 0 0 58 $52.00 | $ 3,016.00
Sr. Project Architect 0 36 0 0 0 0 36 S 56.50 S 2,034.00
Sr. Project Engineer - 0 62 0 0 0 0 62 $50.50 | $ 3,131.00
Structural
Project Engineer -
Mechanical 0 30 0 0 0 0 30 5 45.75 S 1,373.00
sr. Project Engineer - 0 156 0 28 16 0 200 $60.00 | $ 12,000.00
Instrument
Sr. Project Engineer - 0 156 0 16 8 0 180 $56.00 | $ 10,080.00
Electrical
CADD Operator 0 4 0 0 12 80 96 S 31.00 S 2,976.00
Admin. Assistant 0 72 0 6 28 10 116 5 22.00 S 2,552.00
Resident Project
esigent Tole 0 0 1248 0 0 0 1,248 | $31.00 | $ 38,688.00
Representative

TOTALS 0 1,899 1,248 156 150 125 3,578
Total Direct Labor Costs: | $138,126.00

Construction Phase Engineering

Pump Stations Upgrades — Phase II

Rev 11/2020

TASK DESCRIPTIONS
T

TABLE B-1. SUMMARY OF ESTIMATED STAFF EFFORT (HOURS) AND COSTS BY TASK FOR HOME OFFICE SERVICES
CONSTRUCTION PHASE SERVICES FOR THE NASHUA WASTEWATER PUMP STATION UPGRADES PROJECT - PHASE 2
NASHUA, NH

Advisor/Sr. Sr. Project Sr. Project Project Sr. Project Sr. Project
Principal-in- Project Project Lead Project Project Engineer - Sr. Project it - ji - it - ji - CADD Admin.
Charge Manager Engineer Engineer Engineer Civil Architect Structural Mechanical Instrument. Electrical Operator Assistant HOURS} NON-LABOR
.00 00

Direct Labor
Indirect Labor
Non-Labor
Subcontractor
Sub Markup
Fixed Fee
Total Fee

SUBS

DIRECT
LABOR COST

$99,438
$167,751
$8,393

$0

$0

$26,719
$302,300.00

TOTAL

TABLE B-2. SUMMARY OF ESTIMATED STAFF EFFORT (HOURS) AND COSTS BY TASK FOR FIELD OFFICE SERVICES
CONSTRUCTION PHASE SERVICES FOR THE NASHUA WASTEWATER PUMP STATION UPGRADES PROJECT - PHASE 2

NASHUA, NH
Resident

Project Admin DIRECT

TASK DESCRIPTIONS Representative | Assistant RPR Assistant TOTAL HOURS} NON-LABOR SUBS LABOR COST
Labor Billing Rate $31.00
2B Resident Services 1248 0 0 1248 $10,950 $0 $38,688 90 weeks (~20.5 Months) total period. Assume 78 weeks,
2 diwk, 8.0 hrs/d on avg

TOTAL HOURS 1248 0 0 1248 $10,950 $0 $38,688
TASK 2B Direct Labor $38,688.00
Indirect Labor $65,266.66
Non-Labor $10,949.88
Subcontractor $0.00
Sub mark-up $0.00
Fixed fee $10,395
Total Fee $125,300.00

EXHIBIT A
FEDERAL and STATE
REPORTING REQUIREMENTS

Preparation of application, supporting and associated documents for Federal, State, and other grant or
loan programs, including monthly reimbursement requests.

Federal and State requirements to be handled by the ENGINEER include:

e Davis Bacon Weekly Contractor Log, which is a record of which contractors and
subcontractors are on site each week;

e Receipt and review of Certified Payrolls;
e Davis Bacon Interviews;

* Collection of MBE/WBE information from the CONTRACTOR for OWNER’S’s annual
reporting to DES of MBE/WBE Utilization;

e Monitoring the AIS De Minimis Waiver list on behalf of the OWNER;
e =Participation in DES on-site Davis Bacon and AIS reviews;

e Collection of AIS manufacturer certifications, for all submittals that include American
lron and Steel items; and

e Collection monthly of Davis Bacon and American Iron and Steel Certifications and
collecting de minimis list form and backup documentation (invoices) for OWNER’S
project records, from the CONTRACTOR, for attachment to CONTRACTOR’s monthly
payment application effort.

Federal and State requirements not to be handled by the ENGINEER include:

e Preparation of application, supporting and associated documents for State grant or loan
programs, including monthly disbursement reimbursement requests;

e For CWSRF funded projects, development and implementation of a fiscal sustainability
plan that includes the requirements below:

I. an inventory of critical assets that are a part of the treatment works;

ll. an evaluation of the condition and performance of inventoried assets or asset
groupings;

Ul. a certification that the recipient has evaluated and will be implementing
water and energy conservation efforts as part of the plan;

IV. a plan for maintaining, repairing, and, as necessary, replacing the treatment
works and a plan for funding such activities.

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EXHIBIT B

CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS and CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA 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

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
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS 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 of Nashua and Professional
Engineer, and nothing in this contract shall create any contractual relationship between the City
of Nashua and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City of Nashua
employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

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

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

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

(6) Unemployment compensation coverage provided by the City of Nashua.

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, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua 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 Nashua 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 of Nashua
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 of Nashua'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 of Nashua 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 of
Nashua, except in the event of termination of employment. Professional Engineer shall, if
requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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