EXHIBIT B
Scope and Fee
Nashua Transit Center
NASHUA TRANSIT CENTER CONSTRUCTION PHASE SERVICES
SCOPE OF WORK
The Engineer has prepared this Contract Agreement for services related to construction of the Nashua
Transit Center Retrofit Project. This Scope of Work includes only Construction Services, with all
previously contracted work being complete at this time, including Initial Project Scoping, Engineering /
Feasibility Study / Preliminary Plans, Final Plans, and Bidding Services.
The following Scope of Work has been established for Construction Services to be performed by the
Engineer, based on discussions with the City, to date.
CONSTRUCTION SERVICES
The following Scope of Work is anticipated to be required by the Engineer during construction of the
Nashua Transit Center Retrofit Project. All work described below represents services and level-of-effort
anticipated to be required on this project, based on our understanding of the City’s expectations and
our experience on similar projects. Furthermore, for estimating purposes, the Engineer has assumed
that construction will be completed over a 17-week or 120-day period.
Construction Administration
The Engineer will provide construction administration services relative to the retrofit improvements. This
work is anticipated to include the following:
e Conduct a pre-construction meeting with the City of Nashua, project stakeholders, impacted
utility owners, and the contractors;
e Review and approval of shop drawings;
e Consultation with the City and project stakeholders;
e Respond to Requests for Information (RFI) and Change Orders from the Contractor;
e Participation at weekly construction progress meetings (when requested);
e Consultation and advice during construction;
e Attendance at a final inspection;
e Preparation of a punch list upon substantial completion;
e §=6Certification that all work is completed in accordance with the Contract Documents; and
e Conduct Project Close Out, including final pay estimate and compilation of record documents.
The following level-of-effort is anticipated by the Engineer, based on a 17-week construction schedule:
Task Hours/Week Weeks Total Hours
Pre-Construction Conference 6 1 6
Shop Drawing Review 10 4 40
Meetings/Change Orders 2 17 34
Field Consultation 2 17 34
Punch List, Final Inspection & Certification 8 2 16
Project Close Out 25 2 50
Total: 180
Based on this Scope of Work, 180 hours have been budgeted for construction administration and related
services. Please note, these hours could change based on the Contractor’s operations, manpower, and
schedule. Any substantial changes to the scope of work as described herein will require a Contract
Amendment to complete the additional services.
Construction Inspection
The Engineer will provide full-time construction inspection services, through a Resident Engineer being
assigned to the project, throughout construction of the retrofit improvements. The Resident Engineer
will communicate and coordinate with the City frequently to ensure City and Transit staff are notified of
upcoming significant operations, while minimizing impact to the transit operations, including bus service.
In addition to coordination with the city and inspection and oversight of the construction operations, the
Resident Engineer will be responsible for the following:
e Daily and Weekly Reporting
e Daily Quantity Tracking
e Preparation of Monthly Pay Estimates to Contractor
e Coordination of Materials Testing Subconsultant
e Coordination of Building Inspection Subconsultant
e Funding Source Tracking for Pay Quantities
For budgeting purposes, the work is assumed to be completed over a 17-week, 45-hour per week
construction schedule, where full-time inspection will be necessary. Furthermore, 765 hours have been
estimated for the Resident Engineer to provide full-time construction inspection services. Should
additional hours or services be required based on the actual schedule and sequence of construction
operations, a Contract Amendment will be prepared for the City’s review and approval, prior to additional
services being provided.
Building Renovation Construction Services (Subconsultant)
The Engineer, through an architectural subconsultant, will provide construction services, relative to the
building renovation. The Scope of Work for the building renovation related construction services is
anticipated to include the following:
e Approximately 8 site visits during construction, including final punch list review
e =Review all required contractor shop drawings and submittals
e Review contractor’s requisitions for payment for the work on the transit center building
e Prepare report of observations after each site visit
e Reply to contractors Requests for Information (RFI)
e Prepare clarification drawings or for minor changes to the work requested by the client
e Prepare punch list of remaining work by contractor
e Issue substantial completion certificate
Based on this Scope of Work, 96 hours have been estimated for the building renovation construction
services. Please note, these hours could change based on the Contractor’s operations, manpower, and
schedule. Any substantial changes to the level of effort anticipated will require a Contract Amendment
to complete the additional services.
Materials Testing
The Engineer will retain the services of a materials testing subconsultant to perform quality assurance and
acceptance testing of various construction materials, including but not limited to: asphalt, concrete, and
gravel. These services will be performed in accordance with the construction contract documents, at the
discretion of the Resident Engineer. Based on experience on similar projects, an initial upset limit of
$5,000 has been included in this contract for materials testing services.
April 13, 2021
G PI City of Nashua
April 13, 2021
CSSER AUS HOUSE SSE Transit Center Retrofit Project
Greenman-Pedersen, Inc.
WORK-HOURS
TOTAL
Princi Princi Architect HOURS TOTAL COST
Resident
AVERAGE CLASSIFICATION RATES: $ 78.00 $ 57.00 $ 53.50 $ 38.50 $ 36.50 $ 64.32 $ 50.42 $ 50.42
Direct Labor Totals: $ - $ 4,275.00 $ 1,337.50 $ 1,540.00 $ 29,382.50 $ 2,572.80 $ 2,016.80 $ 806.72 $ 41,931.32
Overhead Totals: $ - $ 6903.27 $ 2,159.80 $ 2,486.79 $ 36,731.06 $ 4154.56 $ 3,256.73 $ 1,302.69 $ 56,994.90
Fee Totals: $ - $ 1,117.83 $ 349.73 §$ 402.68 $ 6,611.36 $ 672.74 §$ 527.35 $ 210.94 $ 9,892.62
Direct Expenses: $ - $ - $ - $ - $ - $ 12,000.00
Project Total: $ - $ 12,296.10 $ 3,847.02 $ 4,429.47 $ 72,724.92 $ 7,400.09 $ 5,800.88 $ 2,320.35 $ 120,818.84
Office Overhead Rate: 161.48%
Field Overhead Rate: 125.01%
Fee: 10%
GPITOTAL $ 93,297.51 SDA TOTAL $ 15,521.33
Direct Expenses:
$ 7,000.00
$ -
Materials
Testing $ 5,000.00
SUBTOTAL: $ 12,000.00
GRAND TOTAL $ 120,818.84
EXHIBIT C
FTA Clauses
Nashua Transit Center
Exhibit C - Federal Clauses — Transit Center
1. No Federal Government Obligation to Third Parties.
The City and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the City, the Contractor, or any other party (whether or not a party
to that contract) pertaining to any matter resulting from the underlying contract.
The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions. Incorporate FTA Terms
2. Termination and Suspension.
The City, in its sole discretion, shall have the right to terminate, abandon, or suspend all or part of the
project and contract at will. If the City chooses to terminate, abandon, or suspend all or part of the project,
it shall provide Contractor thirty (30) day’s written notice of its intent to do so. If all or part of the project is
suspended for more than ninety (90) days, the suspension shall be treated as a termination at will of all or
that part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Contractor shall:
a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the City with a list of all unperformed services.
c. Place no further orders or sub-contracts for materials, services, or facilities, other than as may be
necessary or required for completion of such portion of work under the contract that is not
terminated.
d. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the City
of all orders or sub contracts to the extent they relate to the performance of work terminated,
abandoned, or suspended under the notice, assign to the City any orders or sub contracts
specified in the notice, and revoke agreements specified in the notice.
e. Not resume work after the effective date of a notice of suspension until receipt of a written notice
from the City to resume performance.
In the event of a termination, abandonment, or suspension at will, Contractor shall receive all amounts due
and not previously paid to Contractor for work satisfactorily completed in accordance with the Contract
Documents prior to the date of the notice and compensation for work thereafter completed as specified in
the notice. No amount shall be allowed or paid for anticipated profit on unperformed services or other
unperformed work.
TERMINATION FOR CAUSE
This agreement may be terminated by the City on ten (10) calendar day’s written notice to Contractor in the
event of a failure by Contractor to adhere to any or all the terms and conditions of the contract or for failure
to satisfactorily, in the sole opinion of the City, to complete or make sufficient progress on the work in a
timely and professional manner. Contractor shall be given an opportunity for consultation with the City prior
to the effective date of the termination.
Upon receipt of notice of termination for cause, Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the City with a list of all unperformed services.
3. Place no further orders or sub-contracts for materials, services, or facilities, other than as may be
necessary or required for completion of such portion of work under the contract that is not
terminated.
4, Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the City
of all orders or sub contracts to the extent they relate to the performance of work terminated,
abandoned, or suspended under the notice, assign to the City any orders or sub contracts
specified in the notice, and revoke agreements specified in the notice.
5. Not resume work after the effective date of a notice of termination unless and until receipt of a
written notice from the City to resume performance.
In the event of a termination for cause, Contractor shall receive all amounts due and not previously paid to
Contractor for work satisfactorily completed in accordance with the contract prior to the date of the notice,
less all previous payments. No amount shall be allowed or paid for anticipated profit on unperformed
services or other unperformed work. Any such payment may be adjusted to the extent of any additional
costs occasioned to the City by reasons of Contractor's failure. Contractor shall not be relieved of liability to
the City for damages sustained from the failure, and the City may withhold any payment to the Contractor
until such time as the exact amount of damages due to the City is determined. All claims for payment by
the Contractor must be submitted to the City within 30 days of the effective date of the notice of termination.
If after termination for the failure of Contractor to adhere to any of the terms and conditions of the contract
or for failure to satisfactorily, in the sole opinion of the City, to complete or make sufficient progress on the
work in a timely and professional manner, it is determined that Contractor had not so failed, the termination
shall be deemed to have been a termination at will. In that event, the City shall, if necessary, make an
adjustment in the compensation paid to Contractor such that Contractor receives total compensation in the
same amount as it would have received in the event of a termination-at-will.
GENERAL PROVISIONS FOR TERMINATION
Upon termination of the contract, the City may take over the work and prosecute it to completion by
agreement with another party or otherwise. Upon termination, City shall be entitled to all work and goods
produced or received as of the date of termination, unless otherwise returned or rejected by the City. Upon
termination of the contract or in the event Contractor shall cease conducting business, the City shall have
the right to solicit applications for employment from any employee of the Contractor assigned to the
performance of the contract. Neither party shall be considered in default of the performance of such
obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control
of such party. Delays arising from the actions or inactions of one or more of Contractor's principals,
officers, employees, agents, subcontractors, sub consultants, vendors, or suppliers are expressly
recognized to be within Contractor’s control.
3. Program Fraud and False or Fraudulent Statements or Related Acts.
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C.§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the Contractor
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the penalties
of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government
deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C.§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C.§
1001 and 49 U.S.C.§ 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except
to identify the subcontractor who will be subject to the provisions.
4. Records.
Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and
readily accessible records related in whole or in part to the contract, including, but not limited to, data,
documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party
agreements of any type, and supporting materials related to those records.
Retention Period. The Contractor agrees to comply with the record retention requirements in accordance
with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required
under this contract for a period of at not less than three (3) years after the date of termination or expiration
of this contract, except in the event of a dispute, or litigation or settlement of claims arising from the
performance of this contract, in which case records shall be maintained until the disposition of all such
dispute, litigation, appeals, claims or exceptions related thereto.
Where the City is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the City, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives
sufficient access to any books, documents, papers and records of the Contractor which relate to this
contract for the purposes of inspection, making audits, examinations, excerpts and transcriptions as
reasonably may be required. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA
Administrator or his or her authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
Access to the Sites of Performance. The Contractor agrees to permit the City, the FTA Administrator, the
Comptroller General of the United States or any of their authorized representatives and contractors access
to the sites of performance under this contract as reasonably may be required.
5. Civil Rights.
a. Title VI of the Civil Rights Act of 1964
The Contractor agrees to comply with all requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000d section 303 of the Age Discrimination Act of 1975, 42 U.S.C. §6102, section 202 of the Americans
with Disabilities Act of 1990, § 12132, and Federal transit law at 49 U.S.C. § 5332, all as amended as well
as USDOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation", 49 CFR Part 21. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
b. Equal Employment Opportunity
The Contractor will not discriminate against any employee or applicant for employment because of race,
color, creed, sex, disability, age, or national origin. The Contractor agrees to take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without regard to
their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor shall insert the foregoing provision (modified only to show the particular
contractual relationship) in all its third party contracts, except contracts for standard commercial supplies or
raw materials and construction contracts, and shall require all such third party contractors to insert a similar
provision in all subcontracts, except contracts for standard commercial supplies or raw materials.
c. Access Requirements for Individuals with Disabilities
The Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with
disabilities have the same rights as other persons to use mass transportation services and facilities and
that special efforts shall be made in planning and designing those services and facilities to implement that
