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Board Of Aldermen - Agenda - 8/11/2020 - P127

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
127
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

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

5, CHANGES TO SCOPE OF WORK The City of Nashua may, al 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 cast of Professional Engineer's
performance under the contract. Professional Engineer shal! provide to the City of Nashua 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 of Nashua to be able to adequately analyze the proposal. The City of Nashua
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 shail 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 of
Nashua 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 of Nashua 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 of Nashua
to be able to adequately analyze the proposal. The City of Nashua 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 of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, 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 of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination.

6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Professional Engineer in the performance of its work under this contract and that such
personne] 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 of Nashua also agrees to provide Professional Engineer with access io City of Nashua
records in a reasonable time and manner and to schedule items that require action by the Board of
Public Works and Finance Committee in a timely manner. The City of Nashua and Professional
Engineer also agree to attend al! meetings called by the City of Nashua or Professional Engineer
io discuss the work under the Contract, and that Professional Engineer may elect to conduct and
record such meetings and shall later distribute prepared minutes of the meeting to the City of
Nashua.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of cach matter is satisfactory to
Professional Engineer. All future questions Professional Engineer may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Professional Engineer's question or position. The City of Nashua representative shall render a

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Board Of Aldermen - Agenda - 8/11/2020 - P127

Board Of Aldermen - Agenda - 8/11/2020 - P128

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
128
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

Gecision within 15 calendar days. The City of Nashua's decision on the matter is final. Amy work
affected by a conflict, error, omission, or discrepancy which has been performed by Professional
Engineer prior to having received the City of Nashua's resolution shall be at Professional
Engineer's risk and expense. At all times, Professional Engineer shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract
or determination of the City of Nashua. Professional Engineer is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its failure to
do so,

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. Ifthe City of Nashua choases to terminate, abandon, or suspend all or part of the
project, it shall provide Professional Engineer 10 day’s written notice of its intent to do so.

Ifall or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional Engineer
shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts 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 nol terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms

satisfaciory to the City of Nashua of all orders or subconiracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or subcontracts specified in the notice, and
revoke agreements specified in the notice.

4, Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the City of Nashua te resume performance.

in the event of a termination, abandonment, or suspension at will, Professional Engineer shall
receive all amounts due and not previously paid to Professional Engineer for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for
work thereafter completed as specified in the notice. No amount shail be allowed or paid for
anticipated profit on unperformed services or other unperformed work,

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day's written notice to Professional Engineer in the event of a failure by Professional
Engineer 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 of Nashua, to complete or make sufficient progress
on the work in a timely and professional manner. Professional Engineer shall be given an
opportunity for consultation with the City of Nashua prior to the effective date of the termination.
Professional Engineer may terminate the contract on 10 calendar days written notice if, through
no fault of Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45
days after the date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Professional Engineer shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the City of Nashua with a list of all unperformed services.

GC 4 of i1

Page Image
Board Of Aldermen - Agenda - 8/11/2020 - P128

Board Of Aldermen - Agenda - 8/11/2020 - P129

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
129
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

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 Nashua 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 of Nashua any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice.

Not resume work after the effective date of a notice of termination unless and until

receipt of a written notice from the City of Nashua to resume performance.

ta

In the event of a termination for cause, Professional Engineer shall receive all amounts due and
not previously paid to Professional Engineer for work satisfactorily completed in accordance with
ihe 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 unperfonned work. Any
such payment may be adjusted to the extent of any additional costs occasioned to the City of
Nashua by reasons of Professional Engineer's failure. Professional Engineer shall not be relieved
of liability to the City of Nashua for damages sustained from the failure, and the City of Nashua
may withhold any payment to the Professional Engineer until such time as the exact amount of
damages due to the City of Nashua is determined. All claims for payment by the Professional
Engineer must be submitted to the City of Nashua within 30 days of the effective date of the
notice of termination.

If after termination for the failure of Professional Engineer to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua,
to complete or make sufficient progress on the work in a timely and professional manner, it is
deiermined that Professional Engineer had not so failed, the termination shall be deemed to have
been a termination at will, In that event, the City ef Nashua shall. if necessary, make an
adjustment in the compensation paid to Professional Engineer such thai Professional Engineer
receives total compensation in the same amount as it would have received in the event of a
termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party
or otherwise. In the event Professional Engineer shall cease conducting business, the City of
Nashua shall have the right fo solicit applications for employment from any employee of the
Professional Engineer assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent thai performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable contro! of such party. Delays arising from the actions or
inactions of one or more of Professional Engineer's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within
Professional Engineer's control.

DISPUTE RESOLUTION ‘The parties shall attempt to resolve any dispute related to this contract
as follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City of Nashua Representative and a Professional Engineer
Representative. At all times, Professional Engineer shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination or direction of the City of Nashua. If the parties are unable to resolve their dispute

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Board Of Aldermen - Agenda - 8/11/2020 - P129

Board Of Aldermen - Agenda - 8/11/2020 - P130

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
130
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

as described above within 30 days, the parties’ reserve ihe right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may he limited by
the terms of this contract.

. NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation,

or adjustment of any kind shall be made to Professional Engineer for damages because of
hindrances or delays in the progress of the work from any cause, and Professional Engineer
agrees to accept in full satisfaction of such hindrances and delays any extension of time that the
City of Nashua may provide.

. ENSURANCE Professional Engineer shall carry and maintain in effect during the performance of

services under this contract:

» General Liability insurance in the amount of $1,000,000 per occurrence; $2,060,000
aggregate:
31,000,060 Combined Single Limit Autemobile Liability;
*Coverave must include all owned, non-owned and hired vehicles.
>» $1,000,000 Profession Liability;
* and Workers’ Compensation Coverage in comphance with the State of New
Hampshire statutes, $100,000/$500,000/$ 100,000.

¥

Professional Engineer shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by Professional Engineer are intended io and shall not in any manner limit
er qualify the Hhabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional
Engineer, Subcontractors are subject to the same insurance requirements as Professional Engineer
and it shall be the Professional Engineer’s responsibility to ensure compliance of this
requirement.

Professional Engineer will provide the City of Nashua with certificates of insurance for coverage
as listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City of Nashua issues the notice of award. The City of Nashua requires thirty days
wrilten notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the insurer and who is
licensed by the State of New Hampshire. General Liability and Auto Liability policies must
name the City of Nashua as an additional insured and reflect on the certificate of
insurance. Professional Engineer is responsible for filing updated certificates of insurance with
the City of Nashua's Risk Management Department during the life of the contract.

* — All deductibles and self-insured retentions shai! be fully disclosed in the certificate(s) of
insurance.

» If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Professional Engineer must maintain umbrella liability insurance of at
least $1,000,060. All aggregates must be fully disclosed on the required certificate of
insurance.

v

The specified insurance requirements do not relieve Professional Engineer of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Professional Engineer is encouraged to purchase such additional
insurance, as it deems necessary.

» The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.

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Board Of Aldermen - Agenda - 8/11/2020 - P130

Board Of Aldermen - Agenda - 8/11/2020 - P131

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
131
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

13.

14,

16,

v

Professional Engineer is responsible for and required to remedy al] damage or !oss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed. or supervised by Professional
Engineer.

. INDEMNIFICATION Regardless of any coverage provided by any insurance, Professional Engineer

agrees to indemnify and hold harmless the City of Nashua. its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of
action, legal or administrative proceedings, arbitrations, claims, demands, damages, Habilities.
interest, attorney's fees, costs and expenses of any kind or nature in any manner caused,
occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault
or willful misconduct. whether aclive or passive, of Professional Engineer or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the performance
of this contract. Professional Engineer’s indemnity and hold harmless obligations, or portions
thereof, shal] not apply to liability caused by the sole negligence or willful misconduct of the
party indemnified or held harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this
comract.

Nothing in this contract shall be construed to provide Professional Engineer with a right of
payment over any other entity. Any funds obligated by the City of Nashua under this contract
that are not paid to Professional Engineer shall automatically revert to the City of Nashua’s
discretionary contro] upon the completion, termination, or cancellation of the agreement. The
City of Nashua shall not have any obligation to re-award or to provide, in any manner, the
unexpended funds to Professional Engineer. Professional Engineer shall have no claim of any sort
to the unexpended funds. ‘

COMPENSATION Review by the City of Nashua of Professional Engineer's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of
Nashua. lf there is insufficient information, the City of Nashua may require Professional
Engineer to submit additional information. Unless the City of Nashwa, in its sole discretion,
decides otherwise, the City of Nashua shall pay Professional Engineer in full within 30 days of
approval of the submitted monthly invoice forms and progress reports.

. COMPLIANCE WITH APPLICABLE LAWS Professional Engineer, at all times, shall fully and

completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Professional
Engineer shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City of Nashua in writing of any changes to the same relating to or
affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for

GC 7of 11

Page Image
Board Of Aldermen - Agenda - 8/11/2020 - P131

Board Of Aldermen - Agenda - 8/11/2020 - P132

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
132
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

17.

TS.

19.

20.

employment is qualified. Professional Engineer agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer. recruitment,

(raining, including apprenticeship.

Without limitation of the foregoing, Professional Engineer's attention is directed to “Title
41°Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs. Equal
Employment, Department of Labor” which, by this reference, is incorporated in this contract.

Professional Engineer agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Professional Engineer under this contract.

In connection with the performance of work under this contract, Professional Engineer agrees not
to discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not 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.

Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by Professional Engineer shall constitute a material breach of the contract.

ENDORSEMENT Professiona] Engineer shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Professional Engineer or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Engineer shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Professional Engineer related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, Corporation Counsel, and, if applicable, the Comptroller General of the
United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or

other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional

GC 8 of li

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Board Of Aldermen - Agenda - 8/11/2020 - P132

Board Of Aldermen - Agenda - 8/11/2020 - P133

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
133
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

Hayner/Swanson, Inc.

Call Engineers/Land Surveyors

March 6, 2020
Mr. Tim Cummings
Director of Economic Development

229 Main Street
Nashua. NH 03060

Dear Mr. Cummings:

Hayner/Swanson, Inc. (HSI) is pleased to submit this proposal to the City of Nashua for
professional services related to the Nashua Downtown Riverfront Implementation Project.
Services to be provided shall include the following:

Project Management Support Services

HSI shall provide services as needed and as requested in support of the City’s overall project

management for this project. Services may include:

¢ Support of the City’s coordination with the project Consulting Team including review of
schedules. progress and process

e Support of the City’s coordination with stakeholders

e Support of the City’s efforts to coordinate with the owners of utilities within the project
area

e Assistance in identifying constraints and reasonable timelines associated with the
numerous potential construction contracts. Key concerns include contract specific
strategies for design development, cost estimation and procurement approach.

® Support to the City’s internal coordination efforts between departments

It is anticipated that project management support will be provided primarily by John Vancor,
P.E. (Principal Engineer) and Scott Murphy, P.E. (Senior Engineer).

Early Priority Survey Support
HSI will work with the City to identify the highest priority survey tasks for the overall effort.

¢ HSI will perform research and boundary determination as requested.

e HSI will perform high priority topographic survey as requested.

3 Congress St. Nashua, NH 03062-3301 » (603) 883-2057 /5057 (fax) + wwwhayner-swanson.com

Page Image
Board Of Aldermen - Agenda - 8/11/2020 - P133

Board Of Aldermen - Agenda - 8/11/2020 - P134

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
134
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

® Survey data and plan information will be transmitted to both the City and to the project
Consulting Team.

Services will be billed in accordance with the attached Fee Schedule with the following
exceptions:

® The billing rate for Principal Engineer will be reduced to $165.00/hour.
e The billing rate for Senior Engineer will be reduced to $130.00/hour,
© HSI will not markup expenses or subcontractor services.

Total billings for labor and expenses shall not exceed $24,000 under this proposal. It is
anticipated that HSI and the City of Nashua will work together to identify the total scope of
survey to be performed for the overall project. We understand that we may be requested to
submit a follow up proposal to perform these services, as well as additional project management
support.

Thank you for the opportunity to submit this proposal. Please contact me with questions or
concerns.

Singer ely... om,

Say,
Seek Ag \ * * io hy
pn

RS wt pia ‘\
“John C. Vancor, P.E.
Vice President/Principal Engineer

Page Image
Board Of Aldermen - Agenda - 8/11/2020 - P134

Finance Committee - Agenda - 1/19/2022 - P35

By dnadmin on Sun, 11/06/2022 - 21:39
Document Date
Thu, 01/13/2022 - 13:22
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
35
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011920…

administration of this DOT-assisted contract, Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy, as
the City deems appropriate, Each subcontract the Contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).

The Contractor will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance,

The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the Contractor's receipt of payment for that work from
the City,

The Contractor must promptly notify the City whenever a DBE subcontractor performing work related to this
contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate without prior written consent
of the City.

Failure of the Contractor to comply with this section or to include itin any subcontract of any tier will constitute
a breach of contract and, after notification to the DOT, may result in termination of the Contract by the City
or such remedy as the City deems appropriate.

6. Incorporation of Federal Transit Administration (FTA) Terms,

The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether
or not expressly stated in the preceding contract provisions. All USDOT required contractual provisions, as
stated in FTA Circular 4220.1F, are hereby incorporated by reference, Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this contract. The Contractor shall not perform any act, fail to perform any act, or
refuse to comply with any request that would cause the City to be in violation of FTA terms and conditions.

7. Environmental Resource Conservation and Energy Conservation.

(a) Energy Conservation,
Contractor shall comply with mandatory standards and policies relating to energy efficiency that are

contained in the New Hampshire energy conservation plan issued in compliance with the Energy Policy
and Conservation Act, 42 U.S.C. § 6321 et seq.

(b) Clean Air.

1. Contractor shall comply with all applicable standards, orders or regulations pursuant to Section 306
of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other requirements of the Clean Air Act,
as amended, 42 U.S.C. §§ 7401 —7671q. Contractor shall report each violation to the City and
understands and agrees that the City will, in turn, report each violation as required to FTA and the
appropriate EPA Regional Office,

4|Page

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Finance Committee - Agenda - 1/19/2022 - P35

Board Of Aldermen - Agenda - 8/11/2020 - P135

By dnadmin on Sun, 11/06/2022 - 23:06
Document Date
Fri, 08/07/2020 - 15:09
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 08/11/2020 - 00:00
Page Number
135
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__081120…

HAYNER/SWANSON, INC,
Fee Schedule - January 1, 2026

Surveving & Engineering Staff (1)

Principal Engineer, PE
Principal Surveyor, LLS
Senior Engineer, PE
Senior Surveyor, LLS
Senior Project Manager
Project Manager

175.00/hour
145,00/hour
143.00/hour
130.00/hour
142, 50/hour
i14.0G¢hour

Survey Project Manager 120.00¢hour
Senior Construction Manager 120,00/ hour
Construction Manager 100,00/hour
Engineering Technician ] 105 .00shour
Survey Technician I 90.00/hour

Senior CAD Technician
CAD Technician J

107.50/hour
102.50¢hour

CAD Technician II 75. 00/hour
Survey Crew Member 82.50/hour
Survey Crew Member (HAZ WOPER} 110.00¢hour
Clerical Staff 60,00¢hour

Court Appearance/Expert Testimony

Expenses, preparation of case. and court appearance $ = 250.00/hour
MisceNaneous Reimbursable Expenses:
Copies (black and white) $ 0.10/each
Copies (celor} $ 6.50/each
Engineering Prints 5 0.33/sf
HP Design Jet Plot - Paper § 0.75/sf
HP Design Jet Plot - Film $ 5.00/sf
HP Design Jet Plot - Color § 3.00/sf
Mileage: Automobile (2) $ 0.575/mile
Survey Vehicle $ 0.80/mile

Telephone/Communications (3)
Reprographic Services
Postage/Courier Service
Parking / Tolls

Photos / Slides

Fees Paid for Client at cost plus 10%
Meals & Lodging at cost plus 10%
Survey Reimbursable Expenses:
Stakes/Hubs 3 1.50/each
Stakes/Bundle b 25.00/bundle
12” Galvanized Spikes 3 3.00/each
Stone Bounds: 4" x 4” $ 50.00/each
ox 6" 5 109.00/each
Iron Pipes / Pins 3 12.0G/each
GPS/Robat Equipment Use Charge § 45.00/hour
Confined Space Entry Equipment Charge $ 400,00/day

Subcontract Services:

at 1% labor cost
at cost plus 10%
at cost plus 10%
at cost plus 10%
at cost plus 10%

All subcontracted work will be invoiced to the Client at cost plus fifteen (15%) percent.

NOTES:
(1) Rates will be charged for time worked on the project and for the time required for travel between the office

and the meeting or project site.

(2) Automobile mileage expense shall be periodically adjusted consisient with ERS allowances.

(3) Telephone/Communications will be invoiced as a reimbursable expense at 1% of the total labor cost.

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Board Of Aldermen - Agenda - 8/11/2020 - P135

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