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ENGINEERING CONSTRUCTION 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:
WRIGHT-PIERCE
By:

(Authorized Representative*}

Date:

OWNER:
CITY OF NASHUA
By:

(Authorized Representative)
Date:

APPROVED: **

DEPARTMENT OF ENVIRONMENTAL SERVICES
Water Division

By:

(Authorized Representative)
Date:

* Signatures should be supported by appropriate doctanent.

ae itis agreed that as an act in furtherance of its statutory authority to
apprave engineering agreements for treatment works, the DIVE-
SION's approval does not impose any contractual obligation or
liability on the State of New Hampshire, the Department of Environ-
mental Services ar the Division,

Construction Phase Engineering

Page 6 of 6

08/20/07

WRIG Hi T= Pi i RC E ew WATER ~ WASTEWATER ~ STORMWATER ~ INFRASTRUCTURE

Engineering a Better Environment

WRIGHT-PIERCE
CERTIFICATE OF VOTE
i, Walter J. Flanagan III, hereby certify that | am the duly elected Clerk of Wright-Pierce.

I certify that the following is a true copy of a vote taken at a meeting of the board of directors of the
corporation, duly called and held on April 11, 2018, at which a quorum of the board was present and
voting.

VOTED:

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

John W. Braccio, President

Paul F. Birkel, Vice President
Richard N. Davee, Vice President
Jonathan C. Edgerton, Vice President
Walter J. Flanagan II, Vice President
Michael D. Giggey, Vice President
Jeffrey P. Musich, Vice President
John R. Nelson, Vice President
Christopher N. Pierce, Vice President
Steven C. Hallowell, Vice President

I hereby certify that said vote has not been amended or repealed and remains in full force and effect.

Attest:

Seal
Recognized for Engineering Excellence ~ Selected for Service & Value 250 Commercial Street — Suite 4014
www. wright-pierce.com Manchester, NH 03101

Phone: 603.606.4420 | Fax: 603.218.6082

EXHIBIT: FEE SCHEDULE

FUND
PART 1- GENERAL

. APPLICANT -
of Nashua

. NAME OF CONTRACTOR OR SUBCONTRACTOR -

. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR ( Include ZIP
Commercial Way, Suite 302, Portsmouth, NH 03801

. DIRECT LABOR (S labor

echnical Advisor

Architect

- Mechanicai
- Instrument.
- Electricat

Assistant
DIRECT LABOR TOTAL:

INDIRECT COSTS indirect cost RATE
187,.97%

DI
TRAVEL

1} TRANSPORTATION
Resident Services - T| allowance
TRAVEL COSTS TOTAL:
EQUIPMENT, MATERIALS, SUPPLIES

etc.

OTHER (Specify categories)

Resident

OTHER SUBT
é. OTHER DI
10. TOTAL ESTIMATED COST
11. PROFIT
12. TOTAL PRICE

6. TYPE OF

Form

DES W96

2. GRANT/LOAN NO.

4. DATE OF PROPOSAL

ETO BE

RNI

ED

Nashua WWTE - Primary Tank Upgrade -
Construction Administration, Resident
Services, O&M Manual, Record Drawings,

x BASE =
117,665.33

TED
COST
00
352.00
4,824.00
0
it Re
1,620.00
584.00
280.00

ESTIMATED
COST
197,642.46

ESTIMATED
COST

99

10,444.44

15,654.43

ESTIMATED
COST

COST
10,000,00

19,000.00
ESTIMATED
COST

197,642

COMPETITOR'S CATALOG LISTINGS, IN-HOUSE
(Indicate basis for price comparison) PRICE PRICE

ERT THE RIATE WORK CATEGORY IN THE TABLE BELOW. WORK CA
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 SE

ork
category Task
—>

Estimates | Average| Estimated
Hours Rate Cost

Construct.
Resident

Principal-in-Charge 10) 3 69.00 690.00
Project Manager $ 58.00 8,352.00

echnical Advisor § 38.00 1,824.00
Sr. Project Engineer $ 42.00 33,348.00

Project Engineer $ 28.00 11,200.00

.P Engineer -
Civil $ 45.00 1,620.00

Sr. Project Architect $ 38.00 2,084.00

roject ineer -
Structural
n i
Mechanical
roject ineer -
Instrument.

$ 60.00 5,280.06
$ 42.00 7,638.00
$ 43.00 6,886.06
Electrical $ 60.00 7,920.00

CADD Operator $ 28.00 3,024.00

min. Assistant $ 22.00 2,244.00

ect

resentative 1,109 $ 28.00 | $ 34,061.33

0] 1,580/ 1,109; 293) 138 “

117,665.33

comments:

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Exhibit A

FEDERAL and STATE
REPORTING REQUIREMENTS

Preparation of application, supporting and associated documents for Federal, State, and other grant or
loan programs, including monthly reimbursement requests. Federal and State requirements to be handled
by the ENGINEER include:

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

® Receipt and review of Certified Payrolls;
« Davis Bacon Interviews;

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

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

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

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

General Terms and Conditions

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

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only contractual
relationship created by this contract is between the City of Nashua and Professional Engineer, and
nothing in this contract shall create any contractual relationship between the City of Nashua and
Professional Engineer's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that Professional Engineer is not a City of Nashua employee and that there shall be no:

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

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

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

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

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

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

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this contract.
Professional Engineer warrants that all work shall be performed with the degree of professional
skill, care, diligence, and sound practices and judgment that are normally exercised by recognized
professional firms with respect to services of a similar nature. It shall be the duty of Professional
Engineer to assure at its own expense that all work is technically sound and in conformance with
all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. In addition to all other mghts which the City of Nashua may have, Professional
Engineer shall, at its own expense and without additional compensation, re-perform work to correct
or revise any deficiencies, omissions, or errors in the work or the product of the work or which
result from Professional Engineer's failure to perform in accordance with this standard of care. Any
approval by the City of Nashua of any products or services furnished or used by Professional
Engineer shall not in any way relieve Professional Engineer of the responsibility for professional
and technical accuracy and adequacy of its work. City of Nashua review, approval, or acceptance
of, or payment for any of Professional Engineer's work under this contract shall not operate as a
waiver of any of the City of Nashua's rights or causes of action under this contract, and Professional
Engineer shall be and remain liable in accordance with the terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under this
contract. The City of Nashua reserves the right to approve key personnel assigned by Professional
Engineer to perform work under this contract. Approved key personnel shall not be taken off of
the project by Professional Engineer without the prior written approval of the City of Nashua,
except in the event of termination of employment. Professional Engineer shall, if requested to do
so by the City of Nashua, remove from the job any personnel whom the City of Nashua determines
to be incompetent, dishonest, or uncooperative.

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

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

EXHIBIT B
TABLE OF CONTENTS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

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

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FisCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS

General Terms and Conditions

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

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only contractual
relationship created by this contract is between the City of Nashua and Professional Engineer, and
nothing in this contract shall create any contractual relationship between the City of Nashua and
Professional Engineer's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that Professional Engineer is not a City of Nashua employee and that there shall be no:

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

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

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

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

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

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

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of ali work performed under this contract.
Professional Engineer warrants that all work shall be performed with the degree of professional
skill, care, diligence, and sound practices and judgment that are normally exercised by recognized
professional firms with respect to services of a similar nature. It shall be the duty of Professional
Engineer to assure at its own expense that all work is technically sound and in conformance with
all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. In addition to all other rights which the City of Nashua may have, Professional
Engineer shall, at its own expense and without additional compensation, re-perform work to correct
or revise any deficiencies, omissions, or errors in the work or the product of the work or which
result from Professional Engineer's failure to perform in accordance with this standard of care. Any
approval by the City of Nashua of any products or services furnished or used by Professional
Engineer shall not in any way relieve Professional Engineer of the responsibility for professional
and technical accuracy and adequacy of its work. City of Nashua review, approval, or acceptance
of, or payment for any of Professional Engineer's work under this contract shall not operate as a
waiver of any of the City of Nashua's rights or causes of action under this contract, and Professional
Engineer shall be and remain liable in accordance with the terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under this
contract. The City of Nashua reserves the right to approve key personnel assigned by Professional
Engineer to perform work under this contract. Approved key personnel shall not be taken off of
the project by Professional Engineer without the prior written approval of the City of Nashua,
except in the event of termination of employment. Professional Engineer shall, if requested to do
so by the City of Nashua, remove from the job any personnel whom the City of Nashua determines
to be incompetent, dishonest, or uncooperative.

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