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ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

Services to be Performed by the ENGINEER

A. Upon execution of this AGREEMENT, the EN-
GINEER shall proceed with the general administration
of construction and—fel part-time inspection by
qualified personnel of the contractor's work to assure
compliance with the contract documents and any
coincident or subsequent changes or change orders for
the construction of the treatment works tor the (Fewnt
City) of NASHUA, NEW_HAMPSHIRE, Scope of
Work attached as Exhibit A and Fee Schedule attached
as Exhibit B and incorporated by reference as if fully
set forth herein.

Said services shall include, but shall not necessarily be
limited to:

1. General Construction Administration

a. Updating and modifications of
contract documents to meet changed site
and project conditions or variations in
State or Federal requirements.

d. Checking detail construction, shop
and erection drawings submitted by the
contractor.

e. Reviewing laboratory, shop, and
mill test reports of materials and equip-
ment.

f. Preparation of drawings and techni-
cal material as required supplementing
and/or clarifying the contract documents.

g. Review, verification, and approval
of estimates for periodic and final pay-
ments to the contractors for submittal to
the OWNER and the DIVISION.

h. Periodic inspection of work and
final inspection.

Construction Phase Engineering
WWYTE SCADA System Upgrades

Page 2 of 6

L Observing and reporting perfor-
mance and qualifying tests required by
specifications.

i Keeping daily records of construc-
tion progress and compiling same into
progress reports for submission to the
OWNER and DIVISION.

k. Verifying and keeping records of
construction items of work accomplished.
for use.as a basis of checking contractors’
monthly estimates.

L Consultation and advice during
construction.

m. Determination of need for and
preparation of change orders for approval
by the OWNER and DIVISION based on
conditions found during construction
and/or additions or modifications to the

-work requested by the OWNER and ap-

proved by the ENGINEER and the DIVI-
SION and implemented at a price recom-
mended by the ENGINEER as equitable.
For change order items exceeding
$10,000, the ENGINEER shall prepare an
independent cost estimate.

n. Determination of “equality” for
substitution of materials and equipment
specified and securing DIVISION ap-
proval thereof.

p. Preparation of application, support-
ing and associated documents for Federal,
State, and other grant or loan programs,
including monthly reimbursement re-
quests.

q. Preparation of certificate of sub-
stantial completion and contract comple-
tion.

r. Assist the OWNER in obtaining the

required project related approvals of State
and Federal agencies.

08/20/07

ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

II.

2. Resident Inspection and Other Special
Services

a. The ENGINEER agrees to provide
at least one Registered Professional Civil
Engineer on the project site and one or
more inspectors as necessary (Adler part
time) to assist the ENGINEER in the work
of General Administration as described
under I (A) and in observing construction
activity for compliance with the contract
documents and any associated change
orders. The DIVISION shall be notified
in writing of the name of the resident
engineer, assistant engineers, and con-
struction inspectors, and shall be provided
with a brief history of the resident engi-
neer's construction experience. The resi-
dent engineer and his inspectors shall be
in the employ of and under direct control
of the ENGINEER. It is further agreed
that failure of the resident engineer to ad-
minister the PROJECT to the satisfaction
of the DIVISION or OWNER is deemed
to be sufficient basis for his removal from
the PROJECT and replacement.

b. |The ENGINEER agrees to provide
supervision of initial start-up and opera-
tion and for services during the twelve-
month warranty period and to prepare the
Project Performance Certification and
associated documentation.

c. Preparation of an Operation and
Maintenance Manual for approval by the
DIVISION. After DIVISION approval,
the ENGINEER agrees to supply five (5)
sets of the completed manual, one (1) of
which will be for the DIVISION.

d. Preparation of record drawings of
the work as constructed. Three (3) sets of
prints to be furnished, one (1) of which
shall be for the DIVISION.

The OWNER'S Responsibilities

A. Assist the ENGINEER by placing at his disposal
all available information pertinent to the PROJECT, in-
cluding previous reports and other data relative to the

reports.
B. Make provisions for the ENGINEER to enter
upon public and private lands, municipal facilities and

Construction Phase Engineering
WWTF SCADA System Upgrades

Til.

Page 3 of 6

industrial establishments as required to perform work
under this AGREEMENT.

C. The OWNER also agrees to comply with DI-
VISION and Federal (Where applicable) requirements
as they relate to this project.

Compensation to be Paid the ENGINEER
A. Method of Payment Amount of Fee

1. Payment to the ENGINEER, for services
rendered, shall be according to the following
schedule:

Statements will be rendered (with modi-
fications ifnecessary) monthly with billing
by the hour and rate by labor category with
mark-up and incidental expenses in accor-
dance with the attached fee schedule.

2,. The OWNER agrees to pay and the ENGI-
NEER agrees to accept for all services under
this AGREEMENT, a fee not to exceed

Fifty-Nine Thousand Four Hundred and
Eighty Dollars ($59,480).

B. Limits of All Payment

1. The ENGINEER further agrees that the
following fee for his services under I (A)(1), for
Construction Administration on this PROJECT,
(exclusive of work performed by. resident engi-
neering staff) is adequate to complete the work
and shall not exceed

Twenty-Seven Thousand and Ejighty-Two
Dollars ($27,082).

2. Payment to the ENGINEER for Resident
Engineering and other special services shail be as
follows:
a. Resident Engineering and support-
ing staff (as agreed to by the OWNER
and DIVISION) as described under I
(A)(2)(a) for a period of _20. working
days, an amount not to exceed
Seventeen Thousand One Hundred and Seventy-

Seven Dollars ($17,177)

08/20/07

Overtime shall be converted to equivalent
fractions of 8-hour days. If the number of
working days for inspection personnel
stated above is not sufficient to provide
adequate inspection of the PROJECT, it is
agreed that the additional cost of resident
services may be negotiated with the
OWNER and the DIVISION.

b. For supervision of initial start-up
and operation of the project and Project
Performance Certification as described
under I (A)(2)(b), during a period of
twelve (12) months, an amount not to ex-
ceed

Twelve Thousand Two Hundred and

Twenty-Five Dollars ($12,225).

c. For preparation of the Manual as
described under I (A)(2)(c) and instruc-
tions on its use, an amount not to exceed

One Thousand Four Hundred and Sixty -
One Dollars ($1,461).

d. For special services, including in-
house programming of SCADA
components prior to startup and
workshops with Owner to develop HIM
screens and other requirements, an amount
equal to the actual cost of such work.
The actual cost shall include compens-
ation to the ENGINEER for his work on
these services. The ENGINEER also as-
sures the OWNER that the moneys to be
paid under this item are adequate for the
work proposed and shall not exceed

Not Applicable

e. For preparation of the Record
Drawings as described under I (A)(2)(d),
an amount not to exceed

One Thousand Five Hundred and Thirty-
Six Dollars ($1,536)

Construction Phase Engineering
WWTF SCADA System Upgrades

ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

IV.

Page 4 of 6

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 a “qualified sanitary engineer” is
as defined under the DIVISION'S “Rules and Regula-
tions for the Prequalification of Consulting Engineers.”
The Project Engineer shall be*

Christopher Perkins, P.E.
(name and address)

100 International Drive, Suite 152,
Portsmouth, NH 03801

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

Any proposed change in identity of the Project Engi-
neer on the PROJECT shall first be approved by the
DIVISION before transfer of responsibility is made.
Failure of the Project Engimeer to administer the
PROJECT to the satisfaction of the OWNER and/or
DIVISION is deemed sufficient basis for his removal
and replacement.

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 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
liability insurance in amounts adequate to provide
reasonable protection from claus for bodily injury,
death or property damage which may arise from his
performance and the performance of his employees un-
der 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; they shall be transmitted to the OWNER in clean
and orderly condition on demand by the OWNER;
however, these may be left in the possession of the EN-
GINEER at the OWNER'S discretion.

08/20/07

ENGINEERING CONSTRUCTION PHASE CONTRACT Page 5 of 6
For Professional Services for Treatment Works

E. The ENGINEER shall not sublet, assign or trans- 34 —_Termination

fer any part of the ENGINEER’s services or obligations

(except special services) under this AGREEMENT o—_The COV MEP shall heve the tightatans tine for
without the prior approval and written consent of the any roacerrnatsocver-te-iiiesuptectorminate
OWNER, and the contract shall be binding upon and the-swork-required ofthe ENGINEER -under-this
inure to the benefit of the parties, their successors and AG PIERRE —ith-a_soyer-O—das- ancitten,
assigns. notico of such—iniomupiion—or_iomninetion

G. The ENGINEER also agrees to provide in active ER-in-a—form-_aceeptablete—the-OW NER-and
residence and full time control at the site of the pro- PHRASION.

posed construction a DIVISION approved registered ;
civil engineer and DIVISION approved inspectors (fat V. OWNER’S Terms and Conditions
time, part time) as needed with the experience and

other approved background to assist the ENGINEER in Exhibit_C - City of Nashua Professional Services
the work of General Administration and to assure General Terms and Conditions is hereby
contractor’s conformance with the plans and incorporated by reference as if fully set forth herein.

specifications and any approved coincident or
subsequent changes or change orders related to the
PROJECT. The resident registered engineer for the
life of this contract shall be

(Name and Address)
(Append resume describing Candidate’s qualifications)

Any Proposed change in the identity of the resident
engineer on this PROJECT must first be approved by
the DIVISION before transfer of responsibility is made.
Additionally, if it is found by the DIVISION that a
resident engineer (or inspector) cannot or will not
administer the PROJECT in a manner satisfactory to the
DIVISION, the ENGINEER agrees to replace him
promptly upon receipt of a written request from the
DIVISION with a qualified resident engineer who will
acceptably administer the PROJECT. It is further
agreed that failure of the ENGINEER to abide by the
above covenant is sufficient cause for removal from the
DIVISION’S Roster of Prequalified Engineers.

Construction Phase Engineering
WWTF SCADA System Upgrades 08/20/07

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:

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.

= It 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.

Construction Phase Engineering
WWYTF SCADA System Upgrades

Page 6 of 6

08/20/07

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

Form Approved
DES 02/06

PART I- GENERAL

1. GRANTEE / LOANEE

CITY OF NASHUA, NH

2. GRANT/LOAN NO
SAG PROJ # D2016-1002.

3. NAME OF CONTRACTOR OR SUBCONTRACTOR
WESTON and SAMPSON

4. DATE OF PROPOSAL
October 30, 2017

5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP)
100 International Drive, Suite 152, Portsmouth, NH 03801

6. TYPE OF SERVICE TO BE FURNISHED
Construction Phase Engineering

PART II - COST SUMMARY

HOURLY ESTIMATED
7. DIRECT LABOR (Specify labor categories) HOURS RATE COST TOTALS
Principle In Charge 6 $83.75 $503 Deen
Team Leader 16 $56.75 $908 ae
Project Manager 174 $51.50 $8,961
Electrical /SCADA 80 $49.75 $3,980
Project Engineer 122 $29.50 $3,599
Admin $21.50 $129 iy
DIRECT LABOR TOTAL: ee emery $18,080
ESTIMATED oe
8. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = COST
1.85 $17,272 $31,951
INDIRECT COSTS TOTAL: " $33,448
9. OTHER DIRECT COSTS Teese
a. TRAVEL ESTIMATED
COST
(1) TRANSPORTATION $2,800
(2) PER DIEM
TRAVEL COSTS TOTAL: $2,800
b. EQUIPMENT, MATERIALS, SUPPLIES ESTIMATED
(Specify categories) QTY COST COST
EQUIPMENT SUBTOTAL:
c. SUBCONTRACTS ESTIMATED
COST
SUBCONTRACTS SUBTOTAL:
d. OTHER (Specify categories) ESTIMATED
COST

OTHER SUBTOTAL: Seen ei
€. OTHER DIRECT COSTS TOTAL: $2,800
10. TOTAL ESTIMATED COST $54,328
11. PROFIT $5,153
12. TOTAL PRICE $59,480
**Profit not permitted by City of Nashua on all Other Direct Costs, including subcontractors,
Page | of 2

Form 5700-1

PART II - PRICE SUMMARY

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

13, (Indicate basis for price comparison) PRICE (S) 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 .- Const Admin Resident Start-Up O&M Record Total
Engineering Drawings Hours Rate Cost
Principle In Charge 6 6 $83.75 $503
Team Leader 16 16 $56.75 $908
Project Manager 94 72 4 4 174 $51.50 $8,961
Electrica] /SCADA 80 80 $49.75 $3,980
Project Engineer 66 40 8 8 122 $29.50 $3,599
Admin 6 6 $21.50 $129
Totals 188 120 72 12 12 404

Total - Direct Labor Cost

$18,080

Page 2 of 2

Form 5700-2

November 14, 2017

Weston (&) Sampson

100 International Drive, Suite 152, Portsmouth, NH 03801
Tel: 603.431.3937

Mr. William Keating, P.E.

Wastewater Project Engineer
9 Riverside Street

EXHIBIT A

Nashua, NH 03062
Sent via Email: keatingw@nashuanh.gov

Re:

Wastewater Treatment Facility SCADA Upgrades

Dear Mr. Keating:

Weston & Sampson is pleased to submit this proposal to provide engineering services during construction of the
above referenced wastewater treatment facility (WWTF) SCADA upgrades. Our team is prepared to provide prompt
and cost-efficient services to help the city implement the proposed upgrades.

We will achieve this by applying our:

Recent experience with similar projects. Our recent SCADA projects for communities such as Salisbury,
Peabody, and Southbridge have been similar in scope to Nashua’s project. We have used both
conventional and innovative technologies to identify the best solutions for the particular issues facing each
community. We also have a long history with your apparent low bidder, Ell, and have strong professional
relationships with their staff.

Proven team that knows Nashua’s facility. Our key staff, including John Sykora, Dana Webber, and | work
on New Hampshire wastewater and SCADA projects throughout the state. John and | have been involved
in the assessment of Nashua’s WWTF and pump stations, and are committed to providing you the high
level of service you expect from your consultants. Dana is our company-wide SCADA specialist and has
authored our company SCADA standards. She is involved in all our SCADA projects throughout New
England, from evaluation and design through construction. She works with our project managers to ensure
they are specifying and verifying compliance with ISA standards. We have included resumes for our key

staff.

The attached scope, samples of our extensive qualifications, and fee documents provides further information
about our experience, approach and qualifications. We welcome the opportunity to provide services to the City of
Nashua for this important project, and would be pleased to meet with you to further discuss how we can best meet

the City’s needs.

Please contact me at 603-431-3937 or perkinsc@wseinc.com if you have any questions regarding this submittal.

Sincerely,

WESTON & SAMPSON ENGINEERS, INC.

Christopher M. Perkins, PE
Vice President | Regional Manager

Attachments: | Scope and Approach

Qualifications
Fee Proposal

westonandsampson.com
Offices in: MA, CT, NH, VT, NY, NJ, PA, SC & FL

rae SCOPE AND APPROACH

In October 2017, the City of Nashua solicited public bids for the construction of Wastewater Facility SCADA
Systems Upgrades. Electrical Installations, Inc. (El!) of Moultonborough, New Hampshire, was the apparent low
bidder with a bid of $588,000. The city utilized a consultant for the design of these improvements but has elected
to retain another consultant for construction administration (CA) services.

The city provided a bullet list of requested services in an email dated October 18 2017, which serves as the
Request for Proposals (RFP). Subsequently, in an email dated October 26, 2017, the City modified the scope of
the RFP. The city has asked Ell to expand their scope of work to include programming and instrumentation tasks.
We have built our response on the assumption that Ell will assume those responsibilities.

Given the limited response time, and for the sake of simplicity, we have built our Scope of Work off the modified
list of tasks in the RFP email. For each: item included in the CA scope of work below, we have added our
understanding, indicated the party assumed to provide the service, and noted assumptions that inform our level

of effort.

PHASE 001 CONSTRUCTION ADMINISTRATION
This phase includes the following scope of work items to be performed by Weston & Sampson:

1. Prepare for and attend pre-construction meeting. (8 hours)
2. Attend one (1) workshop to assist Owner with defining screens and review of control narrative (provided
by Others). (8 hours)
3. Utilize Bid Documents, prepared by Others, to compile I/O list. No site visit included in this task. (12 hours)
4. Utilize Bid Documents, prepared by others, to compile instrument list. No site visit included in this task. (4
hours)
5. Shop Drawing and Submittal Review will include the following scope: (36 hours)
Review SCADA map and other drawings
Review control panel design
Coordinate equipment procurement with contractor
Cross reference equipment received (in shop drawing submittal) with bill of materials in bid spec
and on bid drawings.
e. Review vendor equipment specifications
f. QA/QC the system before deployment
6. Review up to eight (8) pay requisitions. (12 hours)
7. Review and process up to four (4) charge orders. (16 hours)
8. Address up to three (3) Requests for Information. (12 hours)
9g
{

oO OP

_ Assist Owner with NHDES closeout documentation. (4 hours)
0. Prepare for and attend up to six (6) project management meetings with the Owner, NHDES, and

Contractor to review progress. (36 hours)
11. Project management. (40 hours)

Phase 001 Total: 188 hours

PHASE 002 RESIDENT ENGINEERING

This phase includes part-time resident inspection services to review major installation activities associated with
the construction contract (i.e. fiber optic installation, panel installation, electrical conduit and wiring instaltation).
This scope item is based upon the updated scope email received October 26, 2017 from the City of Nashua.

We have assumed the following part-time schedule to be performed during various critical activities:

westonandsampson.com Weston ®&) Sornreor
CORT OAL |

ert RIS SCOPE AND APPROACH

1. Installation of fiber optic media (2 days)

2. Installation of conduit and wiring (7 days)

3. Installation of control panel (5 days)

4. Modifications to control panels and existing SCADA system network components (4 days)
5. Miscellaneous (ceiling tiles, punchlist, etc.) (2 days)

Phase 002 Total: 20 days of inspection x 6 hours = 120 hours

PHASE 003 INITIAL START-UP

This phase includes the following scope of work items to be performed by Weston & Sampson:
1. One-day FAT testing at panel shop (8 hours)
2. Prepare for and attend kickoff meeting (8 hours)
3. Deploy and test all SCADA PCs
a. Verify and witness testing to be performed by Contractor (8 hours)
4. Testing of all remote site PLC panels
a. Verify and witness testing to be performed by Contractor (12 hours)
5. Coordinate cutovers with client and contractor (12 hours)
a. Review proposed cutover plan
b. Assist with coordination to ensure plant operation
6. Complete system testing verification (loop tuning, punch list, etc.) (16 hours)
a. Oversight of complete testing, coordinate punch list related to programming functions
b. Witness final testing — recommend acceptance
7. Operator training (8 hours)
a. Assist Contractor with coordination of training
b. Attend training performed by Contractor to ensure adequate

Phase 003 Total: 72 hours

PHASE 004 O&M MANUALS
This phase includes the following scope of work items to be performed by Weston & Sampson:

1. Review operation and maintenance manuals submitted by the Contractor for the construction contract
scope of work. Coordinate distribution of final operation and maintenance manuals to the Owner. (12
hours)

Phase 004 Total: 12 hours

PHASE 005 RECORD DRAWINGS
This phase includes the following scope of work items to be performed by Weston & Sampson:

4. Review record drawings for the new control panels provided by the Contractor. Coordinate distribution of
control panel record drawings to the Owner. (8 hours)

2. Compile construction drawing redlines from the Contractor and the part-time resident Inspector for
distribution to the Owner. (4 hours)

westonandsampson.com Oy gyn ae
Weston Q)Samosan