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ENGINEER'S
ESTIMATE

4 om M A CITY OF NASHUA, MEW HAMPSHIRE

&

: 7 = Heritage Rail Trail East
1

ENGINEERS NASHUA 41742

CMA Engineers, Inc.

Labor Hours Matrix

HOURS

LABOR
cosT

Prin. In Project | QO ENG | Senior Project Admin.
Charge E neer Assit.
ASK DESCRIPTION $56.60 $42.63 $47.63 $37.61 $30.01 $24.27

3.01 Final Plans

3.02 Structural Final

3.03 and Architecture
3.04 Final Activities

3.05 Contract Documents

3.06 Final EOPC

3.08 Final PS&E Submittal
3.09 4 Months
3.1 Bid Assistance
Construction Documents for Bidders
Advertisement
Pre-Bid
Active Bid
Bid

Overhead/Burden (1.765): $20,410
Subtotal: $31,974

Fixed Fee (10%): $3,197
Expenses: $1,300

FINAL DESIGN TOTAL $36,471

P-2947 Nashua Fee 190524 (ENG) 5/24/2019

ASK DESCRIPTION

.0 - ENGINEERING STUDY

F-2947 Nashua Fee 190524 (ENG)

CITY OF NASHUA, NEW HAMPSHIRE

Heritage Rail Trail East
NASHUA 41742

Hayner/Swanson, Inc.
Labor Hours Matrix

HOURS

Principle Sur. Proj. Senior Senior Senior Junior
Surveyor Tech| Cad Tech | Field Tech | Field Tech
1.50 50 .00

TOTAL
HOURS

ENGINEER'S
ESTIMATE

Overhead/Burden (1.2683): $14,102
Subtotal $25,221
Fixed Fee (10%): $2,522
Expenses:
STUDY 183
HOURS COSTS ($)
1.0 - ENGINEERING STUDY 339 $28,183
2.0 - PRELIMINARY DESIGN 0 $0
3.0 - FINAL DESIGN 0 $0
" DESIGNPHASE TOTAL 33a | 528,183
5/24/2019

ENGINEER'S
; ESTIMATE
CITY OF NASHUA, NEW HAMPSHIRE

Heritage Rail Trail East
NASHUA 41742

Terracon Consultants, Inc.

Labor Hours Matrix

HOURS

; : . 4 TOTAL LABOR
Prin. In Project Project Staff Admin HOURS COST

Charge Scientist | Scientist | Level 2
ASK DESCRIPTION $60.00 $37.50 $25.96 $21.88 $23.75

1.0 - ENGINEERING STUDY
1.07 Environmental Assessment
a. Initial Site Recon.; Data Review; Dev. Rec.
Set -off
Site Visit

Surficial Soil
SHASP
Field -
Soil Collection

Overhead/Burden (1.8635): $5,348
Subtotal: $8,218
Fixed Fee (10%): $822

Expenses: 855
TOTAL ©

HOURS | COSTS ($)
1.0 - ENGINEERING STUDY 94 $15,895
Surficial Soil Services 6,555.00 2.0 - PRELIMINARY DESIGN 0 $0
3.0 - FINAL DESIGN 0 $0
“ DESIGNPHASE TOTAL | © 94 ~| $15,895.
Total of Direct Costs 6,855.00 Uae ahem eee Bee Babess

P-2947 Nashua Fee 190524 (ENG) 5/24/2019

ASK DESCRIPTION

0 - ENGINEERING STUDY

P-2947 Nashua Fee 190524 (ENG)

Direct

CITY OF NASHUA, NEW HAMPSHIRE

Heritage Rail Trail East
NASHUA 41742

Ironwood Design Group, LLC
Labor Hours Matrix

HOURS

Prin. In Project Cadd
Charge GIS
$48.50

Overhead/Burden (0.7264):
Subtotal:
Fixed Fee (10%):

Overhead/Burden (0.7264):

Subtotal:
Fixed Fee (10%):
Expenses:

Overhead/Burden (9.7264):

Subtotal:
Fixed Fee (10%):
Expenses:

$1,454

$3,455

$346
$175

[ HOURS | COSTS (S) |
1,0 - ENGINEERING STUDY 88 $7,135
2.0 - PRELIMINARY DESIGN 51 $3,948
3.0 - FINAL DESIGN 53 $3,976
© DESIGN PAHSE TOTAL : 492 $15,059

ENGINEER'S
ESTIMATE

5/24/2019

ENGINEER'S
ESTIMATE

Cc A fh A CITY OF NASHUA, NEW HAMPSHIRE
ew LY ELD
ENGINEE RS Heritage Raii Trail East

CMA Engineers, Inc.

Direct Expense Summary

Direct
DESCRIPTION Quantity || Expense
Total

& White

Format
travel to Nashua from Manchester (5 45 mi round
ravel to from 115 mi round
tavel to Concord from Manchester 45 mi round
ravel to Concord from Portsmouth (1 130 mi round
Environmental Review Fee

and Deliveries
Miscellaneous
& White
Format

ravel to Nashua from Manchester (5 45 mi round
ravel to Nashua from Portsmouth 115 mi round

& White

ravel to Nashua from Manchester (5 45 mi round
ravel to Nashua from Portsmouth 115 mi round

Plans & 50 350
and Deliveries
Miscellaneous

P-2947 Nashua Fee 190524 (ENG) 5/24/2019

APPENDIX A-1

_ Adjestable Burdened Nourly Rates C Itant Name: CMA Engineers, Inc
Adjustable Burdened Yourly Rates - Fixed Overhead Date: 72018 .

~~" Fixed Burdened Hourly Rates
Cos? Per Unit of Work

“X_ Cost Plus Fixed Fee

— Luztp Sum

Piease indicate the Employce Names/Classifications and rates that will be used to fulfill the requirements of this contract.

Allowable Dircet
Actual Rate Paid} = Labor Hourly Burdened Hourly

Employce Name & Classification * Rate Overhead ProfitFixed Fee Rate

*] certify that this rate is the actual rate paid to this employee under this firm's payroll.

By: . 2 TAROYD
Craig b% Musselman, President

{Name/Title Printed]

| certify that the foregoing signature Is true and accurate, and if electronic, | further certify that it (a) is intended to have the same
force as a manual signature, (b) is unique to myself, (c) is capable of verification, and (d) .s under the sole control of myself.

CMA ENGINEERS, INC.

TERMS AND CONDITIONS
Agreement with City of Nashua, NH
For Heritage Rail Trail East CMAQ Project
Design Phase Engineering Services

The terms and conditions presented below are incorporated, by reference, into the letter agreement
("Agreement") between CMA Engineers, Inc. ("CMA") and the City of Nashua (Client). In the event that any
of the terms and conditions below contradict any statements in the Agreement, the terms stated in the
Agreement shall rule with respect only to such contradicting statements.

CMA and Client agree as follows:

1. Services: CMA shall provide client with the services outlined in the Agreement with respect to the
project identified. Additional technical services beyond those specifically outlined will be rendered only
following an amendment of the Agreement signed by both CMA and Client.

2. Invoices and Payment: Client will pay CMA for services rendered in accordance with the rates
and charges set forth in the Agreement and as described herein. Invoices will be submitted on a two-week
or four-week basis, at the option of CMA. Payment to CMA will be due for invoices that are complete and
fully compliant with LPA requirements and received by the 15" of each month within thirty (30) calendar
days of invoice date. Fully compliant invoices received after the 15" of the month will be paid within forty-
five (45) calendar days of invoice date. If there are unpaid balances remaining thirty (30) days after the
invoice date, CMA may, upon giving ten (10) days written notice to Client, elect to temporarily or
permanently terminate services under the Agreement until such invoices are paid in full. Such a temporary
or permanent termination of services shall not constitute a waiver of other rights or claims against Client
and no liability to Client shall be incurred by such termination.

3. Time and Materials Provisions: Where the Agreement specifies that payment is to be due on a
time and materials basis (i.e., hourly rates plus reimbursable expenses), fees shall be invoiced based on
hours actually expended plus reimbursable expenses. The minimum time segment for invoice purposes
shail be one quarter hour for office time, field work, and out-of-office meetings. Hourly charges shall include
time in transit. The overhead rate shall be fixed for the duration of the project.

Expenses properly chargeable to Client which are reimbursable at cost shall include: travel
(including automobile mileage at the maximum current IRS rate); project related drafting and clerical
supplies; communication (including telephone), shipping, printing, and other reproduction costs; computer
software if specially acquired (with Client's prior approval) for Client's project; and expendable materials
and supplies purchased specifically for Client's project.

The services of professional and technical subconsultants shall be invoiced and payable at cost.
5 : . .

4. Nature of Fee and Schedule Estimates: Unless otherwise specifically presented in the
Agreement, the estimated total fees proposed represent CMA's estimate of the level of effort required to
perform the proposed services. It is understood by Client that the services provided by CMA at times involve
conceptual engineering, preparing regulatory permit applications, meetings, negotiations, and other types
of services all of which are not fully definable and involve services over which CMA does not have control
over the amount of time (affecting both fees and project schedule) required to effectively accomplish Client's
objectives. As the project progresses, CMA will keep Client informed of factors beyond the control of CMA
which may alter the project schedule as outlined in the Agreement and CMA will apprize Client in writing in
the event that total fees required to perform the proposed services will be in excess of the fee estimates
presented in the Agreement. CMA will not exceed approved contract values without prior written
authorization from the Client in the form of a contract Amendment.

CMA shall not be liable for any delay or failure by CMA to perform any of its obligations under
the Agreement, if such delay or failure arises from any cause beyond CMA's control (including Client's
failure to comply with the provisions of Section 5 below).

P-2947-Nashua-C-190722-Heritage Rail Trail Design Terms rn ar
g
CMA

ENGINEERS

Page 2 of 3

5. Client's Responsibilities: Client shall provide full information as to Client's requirements for Project;
designate a person to act with authority on Client's behalf in respect of all aspects of the Project; examine
and respond promptly to CMA's submissions; and give prompt written notice to CMA whenever Client
observes or otherwise becomes aware of any defect in the work.

Client shall also do the following and pay all costs incident thereto:

A. When required in connection with the services to be provided by CMA under the
Agreement, and upon request by CMA, furnish to CMA copies of available historic
borings, probings, and subsurface explorations, hydrographic surveys, laboratory
tests and inspections of samples, materials and equipment; appropriate
professional interpretations of all of the foregoing; environmental assessment and
impact statements; property, boundary, easement, right-of-way, topographic and
utility surveys; property descriptions; zoning and deed restrictions, all of which
CMA may rely upon in performing services hereunder.

B. Guarantee access to and make all provisions for CMA, its agents, employees, and
subconsultants to enter upon public and private property, as required to carry out
the services outlined.

C. Provide such legal, accounting, independent cost estimating, and insurance
counseling services as may be required for the Project.

6. Standard of Professional Practice: Client acknowledges that CMA’s services require the
application of engineering judgment and that decisions and recommendations are not always, or often,
clear matters of engineering and science. Client acknowledges the inherent risks incurred by Client in
undertaking the proposed project and, in accepting CMA's proposal, has selected CMA to assist in
furthering Client's stated objectives through applying such engineering judgment. CMA will perform its
services in accordance with generally accepted professional practice, as existing at the time of providing
such services, based upon CMA's experience, qualifications, and professional judgment. Client
acknowledges that CMA's services will be rendered without any other warranty or guarantee, express or
implied, beyond CMA's observance of the above Standard of Professional Practice.

7. Insurance: CMA maintains, at its own expense, Worker's Compensation insurance, public liability
and property damage insurance, and Engineer's Professional Liability insurance. CMA shall provide to
Client Certificates of Coverage for all coverages. CMA agrees to maintain during the performance of the
Services under this agreement, at least the kinds and minimum amounts of insurance as follows:

1) Comprehensive General Liability - $1,000,000 per occurrence/ $2,000,000 Aggregate
2) Motor Vehicle - $1,000,000 liability/ $1,000,000 property damage

3) Personal Injury — $1,000,000 per occurrence/ $2,000,000 Aggregate

4) Professionai Liability — $1,000,000

5) Workers’ Compensation — As required by State of New Hampshire.

Client acknowledges that CMA will not be liable to Client for any loss, damage, cost, or expense which, in
the aggregate, exceed the amounts of CMA's insurance coverage limits, inclusive of such exclusions and
conditions of the insurance policies maintained, unless CMA is determined by a final judgment of a court

uct or gross negli

P-2947-Nashua-C-190722-Heritage Rail Trail Design Terms gf RK i
E

City of Nashua

S3 Benefits Interfaces pt. 2 4 CLEARSKY
July 11, 2022

Page 8 of 9

Provide User IDs and Passwords for all relevant instances of Lawson. Provide remote
connection and access to relevant server(s). Provide User ID and Password to InforXxtreme.com

6.3. Client Consultant Onsite Responsibilities

Provide workspace for onsite consultant with access to the network and the internet if onsite
consulting is required.

7. COST AND PAYMENT
7.1 Pricing

The services are provided on a time and materials basis under this SOW plus reasonable
travel and expenses as agreed. Any additional work or fees exceeding the maximum amount
will be approved through a mutually agreed Change Order or new SOW. Client will be
invoiced for all hours actually used for the project.

EstimatedT&MHours. Rate ‘Total
Project Management 12 $180 $2,160
Development Consulting 108 $180 $19,440
Total Estimate 112 $21,600

7.2 Travel and Expense Costs

City of Nashua will reimburse ClearSky for reasonable direct and actual out-of-pocket travel and
expenses incurred while performing services under this SOW. Travel expenses are not included
in the hourly rates of service. If onsite assistance is required and travel expenses are incurred;
those costs will be billed to the client. Travel expenses include, but are not limited to: airfare,
parking, shuttle or taxi, car rental and fuel, lodging, internet access fees, mileage at current
business standard mileage rate published by the IRS, and $72.00 per diem to cover food
expenses.

7.3. Payment Terms

Payment terms on all ClearSky invoices are net 30 days. Late payments by Client shall be
subject to late penalty fees of 1.5 % per month from the due date until the amount is paid.

Page 8 of 9

Page 3 of 3

9. Ownership of Documents: All data, plans, drawings, tracings, estimates, specifications,
proposals, sketches, diagrams, calculations, reports or other documents collected, prepared, or undertaken
either manually or electronically by CMA Engineers, Inc., under the provisions of this Agreement, shall
become the property of the Client [and/or the New Hampshire Department of Transportation (NHDOT) and
the Federal Highway Administration (FHWA)], and when completed, shall bear CMA Engineers
endorsement. CMA Engineers shall surrender to the Client, upon demand at any time, or submit to its
inspection, any data, plan, drawing, tracing, estimate, specification, proposal, sketch, diagram, calculation,
report or document which shall have been prepared, collected, or undertaken by CMA Engineers, pursuant
to this agreement, or shall have been hitherto furnished to CMA Engineers by the Client. CMA Engineers
shall have the right, with the written approval of the Client, to use any of the data prepared by it and hitherto
delivered to the Client at any later stage of this project contemplated by this Agreement.

10. Termination: The obligation to provide further services under this Agreement may be terminated
by either party upon seven (7) days’ written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating party. In the event of any
termination, CMA will be paid for all services rendered to the date of termination and all Reimbursable
Expenses.

41. Controlling Law: This Agreement is to be governed by the law of the State of New Hampshire.

12. Successors and Assigns: Client and CMA each is hereby bound and the partners, successors,
executors, and administrators and legal representatives of Client and CMA are hereby bound to the other
party to this Agreement and to the partners, successors, executors, administrators, and legal
representatives (and said assigns) of such other party, in respect of all covenants, agreements, and
obligations of this Agreement.

Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement
to anyone other than Client and CMA, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of Client and CMA and not for the benefit of any other

party.

13. Arbitration: All claims, counterclaims, disputes, and other matters in question between the parties
hereto arising out of or relating to the Agreement or the breach thereof will be decided by arbitration in
accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then
obtaining. This Agreement so to arbitrate and any other Agreement or consent to arbitrate entered into in
accordance herewith will be specifically enforceable under the prevailing law of any court having jurisdiction.

Notice of demand for arbitration must be filed in writing with the other parties to the Agreement
and with the American Arbitration Association. The demand must be made within a reasonable time after
the claim, dispute, or the matter in question has arisen. In no event may the demand for arbitration be made
after the date when institution of legal or equitable proceedings based on such claim, dispute, or other
matter in question would be barred by the applicable statute of limitations.

No arbitration arising out of, or relating to, the Agreement may include, by consolidation, joinder,
or in any other manner, any person or entity who is not a party to the Agreement.

The award rendered by the arbitrators will be final, judgment may be entered upon it in any court
having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted
by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. 10, 11).

14. Severability: The provisions of these Terms and Conditions are severable. The invalidity of any

part of these Terms and Conditions shall not invalidate the remainder of these Terms and Conditions nor
the remainder of any portion hereof.

P-2947-Nashua-C-190722-Heritage Rail Trail Design Terms