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ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

Additional Covenants

A. The ENGINEER agrees to provide in active
charge of this PROJECT for the life of the contract a
Project Engineer who is a permanent employee of the
ENGINEER and who is a “qualified sanitary engineer”
as defined under the DIVISION'S “Rules and Regula-
tions for the Prequalification of Consulting Engineers.”
The Project Engineer shall be*

(name and address)
Woodard & Curran, 41 Hutchins Drive, Portland, ME

* Resume clearly describing the candidate's qualifications for
the assignment is appended for convenience of reference.

Any proposed change in identity of the Project
Engineer on the PROJECT shall first be approved by the
DIVISION before transfer of responsibility is made.
Failure of the ENGINEER to abide by the above cove-
nant may be considered basis for debarment of the EN-
GINEER from the DIVISION'S Roster of Prequalified
Consulting Engineers as provided for under New
Hampshire Code of Administrative Rules Eny-Wq
603.08.

B. |The ENGINEER agrees to be solely responsible
for all bills or claims for payment for services rendered
by others and for all services and materials employed in
his work, and to indemnify and save harmless the
OWNER, and all of the OWNER'S officers, agents and
employees against all suits, claims or liability of every
name and nature arising out of or in consequence of the
negligent acts or failures to act of the ENGINEER or
others employed by him in the performance of the work
covered by this AGREEMENT.

C. The ENGINEER further agrees to procure and
maintain at his expense such workmen's compensation
insurance as is required by the statutes and public liabili-
ty insurance in amounts adequate to provide reasonable
protection from claims for bodily injury, death or
property damage which may result from his performance
and the performance of his employees under this
AGREEMENT.

D. All documents, including original drawings, de-
sign calculations, work sheets, field notes, estimates,
and other data shall remain the property of the OWN-
ER, and shall be transmitted to the OWNER in clean
and orderly condition on demand: however, these may
be left in the possession of the ENGINEER at the
OWNER'S discretion.

Water Booster Upgrades Design Engineenng Contract - Woodard & Curran,doc

Page 4 of 6

E. | The ENGINEER shall not sublet, assign or trans-
fer any part of the ENGINEER's services or obligations
(except surveys and borings and other special services)
under this AGREEMENT without the prior approval
and written consent of the OWNER.

F. Itis further agreed that the ENGINEER will assist
the OWNER or his authorized agent in providing the
DIVISION with clear documentation certifying that the
necessary easements, options or outright purchases of
land have been secured to provide for location of
treatment works and other associated structures and
equipment as shown on the contract plans or described
in the specifications. Similar documentation will be
submitted on approvals from the State Department of
Transportation and/or other state agencies regarding
location of treatment works within rights-of-way and
other lands under their jurisdiction.

G. It is further agreed the City of Nashua’s
“CONTRACT FOR PROFESSIONAL SERVICES”
terms and conditions that were mutually agreed upon on
March 3, 2016 with changes are part of this agreement
and attached as Exhibit A.

Termination

02/08/06

ENGINEERING DESIGN PHASE CONTRACT
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:

By:

(Authorized Representative*)

Date:

OWNER:

By:
(Authorized Representative*)

Date:

APPROVED: **

DEPARTMENT OF ENVIRONMENTAL SERVICES
Water Division

By:

(Authorized Representative)

Date:

* Signatures should be supported by appropriate document.

bad /t is 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.

Water Booster Upgrades Design Engmeenng Contract - Woodard & Curran.doc

Page 5 of S

02/08/06

Governmental Activities

(In Thousands)
Total Cost ofServices Net Cost of Services
2021 2020 2021 2020
General government $ 27.675 $§ 39590 $ 12,106 $ 28,901
Police 42,345 38,682 38,763 36,529
Fire 33,418 28,524 31,666 26,974
Water fire protection
services 3,173 3,053 3,173 3,053
Education 191,548 178,945 128,459 121,617
Public works 16,592 15,824 12,979 10,654
Heaith and human services 4,074 3,596 2,128 2,361
Culture and recreation 6,595 7,641 4,602 6,627
Community development 35,619 10,964 25,292 2,959
Communications 1,527 1,390 1,505 1,044
Hydroelectric 891 941 (136) (362)

$ 363,457 $ 329,150 $ 260,537 $ 240,357

Business-Type Activities
Overall, business-type activities increased the City’s net position by $2.9 million or 2.7%.

Key elements of this change are as follows:

The Wastewater Fund increased its total net position by $0.8 million. Wastewater operations
generated an operating income of $0.1 million. Capital contributions less transfers out account
for the remaining $0.7 million. The operating income is largely due to a 20% user rate increase
effective January 1, 2021 for both demand and flow charges. An additional 15% increase will be
effective January |, 2022.

The Solid Waste Fund increased its total net position by $2.1 million resulting in an overall
positive net position. This increase is largely due to the subsidy provided by the City to
supplement Solid Waste operations. The subsidy is raised through property taxation for the
residential costs of collection and disposal. There is currently no separate fee charged to the City’s
residential population.

The Solid Waste Fund negative unrestricted net position of $4.8 million is primarily due to the
fund’s non-capital (landfill closure costs) related debt, as well as the GAAP requirement to
record closure and post closure care liability (the amount the City would be required to spend
should the landfill cease operations).

25

COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER NH SAG & SRF

Form Approved
DES 02/06

PART L- GENERAL

|. GRANTEE / LOANEE
City of Nashua, New Hampshire

2, GRANT/LOAN NO.

3. NAME OF CONTRACTOR OR SUBCONTRACTOR

Woodard & Curran, Inc.

4. DATE OF PROPOSAL
December 16, 2016

5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP)

6. TYPE OF SERVICE TO BE FURNISHED

PART II - COST SUMMARY

HOURLY ESTIMATED
7. DIRECT LABOR (Specify labor categories) HOURS RATE COST TOTALS
Client Manager - 18 $82.00 $1,476.00
Project Manager 64 $57.00 $3,648.00
Lead Project Engineer 148 $37.00 $5,476.00
Sr. Technical Advisor 16 $82.00 $1,312.00
SCADA Engineer 60 $45.00 $2,700.00
Sr. Electrical Engineer 12.5 $57.00 $713.00
Electrical Engineer 110 $37.00 $4,070.00
Staff Engineer 211 $27.00 $5,697.00
Sr. Structural Engineer 8 $57.00 $456.00
Structural Engineer 60 $37.00 $2,220.00
Cost Estimator 24 $49.00 $1,176.00
Technical Specialist HVAC 40 $46.00 $1,840.00
Project Specialist 30 $28.00 $840.00
$31,624.00
ESTIMATED
8. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = COST
2.02 $31,624.00 $64,226.00
INDIRECT COSTS TOTAL: $63,881.00
9. OTHER DIRECT COSTS
a. TRAVEL ESTIMATED
COST
(1) TRANSPORTATION $545.00
(2) PER DIEM
TRAVEL COSTS TOTAL: $545.00
b. EQUIPMENT, MATERIALS, SUPPLIES ESTIMATED
(Specify categories) QTY COST COST
EQUIPMENT SUBTOTAL:
Cc. SUBCONTRACTS ESTIMATED
COST
SUBCONTRACTS SUBTOTAL:
d. OTHER (Specify categories) ESTIMATED
COST
OTHER SUBTOTAL:
e. OTHER DIRECT COSTS TOTAL: $545.00
10. TOTAL ESTIMATED COST $96,050.00
Il. PROFIT $9,550.00

12. TOTAL PRICE

$105,600.00

Page | of 2

PART II - PRICE SUMMARY

COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES

(Indicate basis for price comparison)

MARKET
PRICE (S)

PROPOSED
PRICE

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 DWGS, START-UP, SPECIAL

SERVICES, ETC.
Work category =
3g bp Sp ob £ Bs
Sel el al Bb Bal rom
~ : 3
E g E A > A &— & <j} Hours | Rate Cost
> oo * 2 = 3 = E S
bet 2 wn = = a:
oF Ay a) wn a mt Be OO Ay
TOTAL HOURS 135 20 265.5 50 293 38 801.5
Client Manager 14 4 18 $82 $1,476
Project Manager 8 4 8 16 g 20 64 $57 $3,648
Lead Project Engineer 40 g 40 12 40 g 148 $37 $5,476
Sr. Technical Advisor 8 4 4 16 $g2 $1,312
SCADA Engineer 30 30 60 $45 $2,700
Sr. Electrical Engineer 65 6 12.5 $57 $713
Electrical Engineer 55 55 110 $37 $4,070
Staff Engineer 75 8 60 8 60 211 $27 $5,697
Sr. Structural Engineer 4 4 8g $57 $456
Structural Engineer 30 30 60 $37 $2,220
Cost Estimator 24 24 $49 $1,176
Technical Specialist 40 $1,840
HVAC 2D a S46
Project Specialist 4 8 8 10 30 $28 $840
$31,624

Total - Direct Labor Cost

Page 2 of 2

_
a> «4,
WOODARD
& CURRAN

COMMITMENT & INTEGRITY 40 Shattuck Road | Suite 110 T 866.702.6371

DRIVE RESULTS Andover, Massachusetts 01810 T 978.557.8150
www.woodardcurran,com F 978.557.7948
Via Electronic Mail
December 16, 2016

Mr. William Keating

Project Engineer

Nashua Wastewater Treatment Facility

2 Sawmill Drive

Nashua, NH 03061
Re: Water Booster Station Upgrades Project at NWTF: RFQ0265-060316

Dear Mr. Keating:

Woodard & Curran is pleased to offer the following scope of work to provide the City of Nashua, New
Hampshire (Client) specifications suitable for bidding to procure and install Water Booster Station
Upgrades at the Nashua Wastewater Treatment Facility. The Standard Terms and Conditions previously
approved by the Client shall become part of this letter Agreement.

SCOPE OF SERVICES
Phase 1 Design: Woodard & Curran shall perform the following tasks as part of the Design phase of

this project.

1. Use the existing information gathered from the hydraulic evaluation phase (performed as part of
a previous agreement) to develop a Preliminary Design Memo. This memo will identify critical
design components including but not limited to:

a.

b.
Cc.
d

Site constraints and preliminary layout;

Pump size and selection;

Building architecture appearance and materials; and
Location of line and emergency power generation.

2. Perform a detailed review of local and state permitting and regulations including and limited to:

a.
b.

Shoreland Protection Act
Assist with City of Nashua Planning Board if needed

3. Prepare 65% Design Documents. The results from the preliminary design memo will be included
in the 65% design document submittal. The major engineering information shall include:

Architectural: Work with the Client to consider building characteristics. For instance,
building may be similar to the hydrant pump house. That building appears to be a
prefab with brick fagade, ground level, well-lit and ventilated. The building appeared to
be well maintained and cleaned by the staff probably due to its ease of accessibility.

Structural: Propose a building with all pumps, valves and piping above the floor level
for ease of access and no confined space issues.

Process Mechanical: Finalize equipment layouts, hydraulics and access for
maintenance.

HVAC: Develop heating, ventilation and air conditioning (HVAC) design concepts.
Heating and ventilation design criteria will be finalized, including heaters and exhaust
fans for fresh air exchange. Energy sources including those available from the grit

is
a>. «4,
WOODARD
& CURRAN

building and areas to be dehumidified or air-conditioned will also need to be finalized
during detailed design.

e. Safety: Design will meet or exceed any and all regulatory requirements for the safe
operation of a water booster station.

f. Instrumentation and Controls: Work with the Client to develop a conceptual process
instrumentation and control strategy, and integrate with the newly upgraded
Supervisory Control and Data Acquisition (SCADA) system.

g. Electrical: Provide a power conditioning uninterruptable power supply (UPS) with
monitoring signals installed and visible in SCADA.

h. Construction cost estimate (Estimate of Probable Costs).

4, Meet with the Client to deliver and discuss the 65% design. Incorporate comments and revisions
as part of the final design.

5. Develop 90%design plans and specifications for Client review including:

a. Final Drawings and Specifications
b. Updated Construction Cost (Estimate of Probable Costs)

6. Incorporate Client's final comments and deliver final design package.

ASSUMPTIONS

1. Scope of services does not include surveying or geotechnical investigations.
2. Anew electric service is not considered necessary at this time.

COMPENSATION
The Scope of Services will be completed for a total price of $105,600.00

Phase 1 — Design shall be billed hourly at the rates specified in the NH DES Contract, not to exceed
$105,600.00 This budget will not be exceeded without prior written authorization by the Client.

SCHEDULE
Woodard & Curran will complete the work for the above phase based on the following schedule:

Fon>

Preliminary Design Memo shall be completed within two months of the notice to proceed date.
65% design shall be completed within four months of the notice to proceed date.

90% design shall be completed within six months of the notice to proceed date.

Final design package shall be completed within eight months of the notice to proceed date if Client
provides final comments within 45 days of 90% design package delivery.

City of Nashua (228730.18) 2 Woodard & Curran
2016.12.13 Nashua Water Booster PS Proposal

R34

December 16, 2016

hte

od

WA oS

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran

EXHIBIT A
TABLE OF CONTENTS

DEFINITIONS
PROFESSIONAL ENGINEER STATUS AND PROVISION OF WORKERS’
COMPENSATION COVERAGE

STANDARD OF CARE

CiTy REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CiTy 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

FEDERAL SUBCONTRACTING REQUIREMENTS
ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
Ciry 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

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29.
30.
31.
32;

CITY OF NASHUA
PROFESSIONAL SERVICES

GENERAL TERMS AND CONDITIONS

SURVIVAL OF RIGHTS AND OBLIGATIONS

SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran

1. DEFINITIONS. Unless otherwise required by the context, "Professional Engineer” includes any
of the Professional Engineer's consultants, sub consultants, contractors, and subcontractors

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

(1) Withholding of income taxes by the City:

(2) Industrial insurance coverage provided by the City;

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

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

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

(6) Unemployment compensation coverage provided by the City.

Professional Engineer agrees, if applicable and before commencing any work under the contract, to
complete and to provide the following written request to its insurer:

Woodard & Curran has entered into a contract with the City of Nashua to perform work upon
receipt of an Executed Contract and a Valid Purchase Order issued from the City to Final
Completion and requests that the Insurer provide to the City of Nashua 1) a certificate of
coverage, and 2) notice of any lapse in coverage or nonpayment of coverage that the
Professional Engineer is required to maintain. The certificate and notice should be mailed to:

Risk Management
City of Nashua
229 Main Street
Nashua, NH 03060

Professional Engineer agrees, if not exempt, to maintain required workers’ compensation coverage
throughout the entire term of the contract. If Professional Engineer does not maintain coverage
throughout the entire term of the contract, Professional Engineer agrees that City may, at any time the
coverage is not maintained by Professional Engineer, order the Professional Engineer to stop work,
suspend the contract, or terminate the contract. For each six-month period this contract is in effect,
Professional Engineer agrees, prior to the expiration of the six-month period, to provide another written
request to its insurer for the provision of a certificate and notice of lapse in or nonpayment of coverage. If
Professional Engineer does not make the request or does not provide the certificate before the expiration
of the six-month period, Professional Engineer agrees that City may order the Professional Engineer to
stop work, suspend the contract, or terminate the contract.

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