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imposed by law. Professional Engineer hereby indemnifies and holds harmless the City from any
liability on account of any and all such taxes, levies, duties, assessments, and deductions.

25. | NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this
contract shall be considered waived by the City. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless expressly
stipulated to by the City in a written waiver.

26. RIGHTS AND REMEDIES. The duties and obligations imposed by the contract and the rights
and remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

27. PROHIBITED INTERESTS. Professional Engineer shall not allow any officer or employee
of the City to have any indirect or direct interest in this contract or the proceeds of this contract.
Professional Engineer warrants that no officer or employee of the City has any direct or indirect
interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of Professional Engineer. If any such interest comes to the attention of Professional
Engineer at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City. Professional Engineer also warrants that it presently has no interest and that it
will not acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required to be performed under this contract. Professional Engineer
further warrants that no person having such an interest shall be employed in the performance of
this contract. If City determines that a conflict exists and was not disclosed to the City, it may
terminate the contract at will or for cause in accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City may
terminate the contract at will or for cause in accordance with paragraph 8. Upon termination,
Professional Engineer shall refund to the City any profits realized under this contract, and
Professional Engineer shall be liable to the City for any costs incurred by the City in completing
the work described in this contract. At the discretion of the City, these sanctions shall also be
applicable to any such conviction obtained after the expiration or completion of the contract.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer to any officer or employee of the City with
a view toward securing a contract or securing favorable treatment with respect to the awarding or
amending or making of any determinations with respect to the performance of this contract. If
City determines that such gratuities were or offered or given, it may terminate the contract at will
or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City under this contract or at law.

28. | THIRD PARTY INTERESTS AND LIABILITIES. The City and Professional Engineer,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, powers, or
intcrest in any third party and this agreement is entered into for the exclusive benefit of the City
and Professional Engineer.

GC 12 of 13

29. SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of the parties that
by their nature survive termination or completion of this contract shall remain in full force and
effect.

30. SEVERABILITY. In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

31. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the
entire contract between the City and Professional Engineer. The parties shall not be bound by or
be liable for any statement, representation, promise, inducement, or understanding of any kind or
nature not set forth in this contract. No changes, amendments, or modifications of any terms or
conditions of the contract shall be valid unless reduced to writing and signed by both parties.

32. CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws of

the State of New Hampshire and any litigation shall be brought in a court located in the State of
New Hampshire.

GC 13 of 13

EXHIBIT B
Scope of Services

Construction Phase

Consultant shall:

C-1. | Prepare Notice to Proceed (NTP) for Client signature and issuance te the Contractor.

C-2. Coordinate, attend and lead a Pre-Construction Meeting at Client Offices and prepare
meeting minutes.

C-3. Provide construction contract administration, shop drawing / product submittal reviews
and process pay requisitions.

C-4. Furnish a near full-time Resident Project Representative (RPR) to observe the progress of
the construction work.

C-5. Provide on-call consultation to address Contractor or Client questions or concerns and
provide clarification to contract documents.

C-6. Provide administration of a Quality Assurance Program for the project.

C-7. Perform measurement and documentation of quantities and assist in reviewing
applications for payment submitted by the Contractor.

C-8. Summarize our observations by filling out daily reports of those times while on site.

C-9. _ Engage and coordinate the services of a subconsultant materials testing firm and review
testing reports.

C-10. Attend and lead monthly on-site construction progress meetings and prepare meeting
minutes (3 meetings are assumed).

C-11. Assist in Contractor close-out operations including one final field observation and
preparation of a “punch-list” of outstanding work items to be completed by the Contractor.

C-12. Provide one set of "Record" drawings (prints) to Client and one electronic set in PDF and
TIF format to the NHDOT.

C-13. Copies of all project records that must be maintained for Federal Reimbursement will be
provided to Client.

C-14. Provide overall project management including scheduling, client coordination and

allocation of resources.

Page 1

K:\902603\0-Contract\Construction Phase\Exhbit B - Scope of Services.doc

Assumptions

Consultant assumes:

A-1.

A-7,

Hoyle, Tanner’s performance under this contract will be in general conformance with the
version of the NHDOT’s “Local Public Agency Manual for the Development of Projects” in
effect at the time of Hoyle, Tanner’s date of acceptance (signature). Should a revised
version of the procedures be issued during the duration of the project and new
requirements be enforced, Hoyle, Tanner may renegotiate the fee to perferm additional
services associated with the revisions.

Successful project completion requires Hoyle, Tanner to manage external and internal
team members for inter-discipline plan and permit development, by attending coordination
meetings with the Client and NHDOT, preparation of meeting minutes and notes, Client
invoices as well as Quality Assurance and Quality Control of documents prepared.

During the duration of the services performed under this Agreement, direct salaries may
be adjusted as part of Hoyle, Tanner’s company-wide salaries for cost of living and merit
increases and shall not be limited to employees working on this project

Direct salary rates will be capped at the NHDOT maximum of $60.00 per hour.

Hoyle, Tanner's Resident Project Representative (RPR) shall have the duties and
responsibilities outlined in Section 00800, Paragraph SC-9.10 in the document titled
“Bidding Requirements, Contract Documents and Technical Specifications” prepared by
Hoyle, Tanner for the above referenced project.

The Quality Assurance Program will follow the guidelines contained in the “NHDOT
Quality Assurance Program for Municipally Managed Federal-Aid Projects” and will
generally include the following services:

o Preparation of a Quality Assurance Program plan for the project.

o Preparation of a Construction Project Records Lab Book (Lab Book) which will
include the Quality Assurance Program and copies of all field and/or lab test
results, The lab book will also include copies of testing technicians credentials and
photographic ID.

Administration of subconsultants to complete the required testing for the project.
Off-site earthwork material sampling and testing and on-site testing.

On and off site concrete testing.

The quantity of Hot Mix Asphalt used on roadways is less than 500 tons, therefore
no sampling and testing is required.

0000

Shop drawings and working drawing reviews are assumed to include a maximum of two
reviews of the following:

o Shop Drawings for:
* Helical Piles
Steel Bollard
Reinforcing Steel
Prefabricated Steel Pedestrian Bridge
Precast Concrete Wingwall
Ramp Handrail
Wood Fence

Page 2

K:\902603\0-Contract\Construction Phase\Exhbit B - Scope of Services.doox

Prepared On: 7212022

| Su mmary (M RC) Expires On: 10/21/2022

Accelerate Il Quote ID 114259
Carrier Product Consolidated * Granite * Granite
Units Monthly Total Annual Total
GRANITE EPIK 74 $2,586.30 $31,035.60
TOTAL T4 $2,586.30 $31,035.60
* Cettain reguiatory fees included as indicated below.
Applicable taxes, surcharges, shipping and other non-recurring charges are addilional, except when indicated otherwise. Information contained in the Quote is confidential.
1S Cc
| Summary (NR
Carrier Product Locations Charge Description Amount
GRANITE EPIK 14 nstatlation $0.00
TOTAL $0.00
a .
| Granite Offering
EPIK Services
Location Name Address ary NPAINKX BTN WIN Product Line Non Pub/ 500 MB Guardian Total
Call Path Charge Listing {included) — (included)
36 Lake 1 6035943387 EPIK $34.95 $0.00 $0.00 $0.00 $34.85
Sueel
38 Lake 1 6035943401 EPIK $34.95 $0.00 $0.60 $0.00 $34.95
Street
124 1 6035943455 EPIK $34.95 $0.00 $0.00 $0.00 $34.95
Spitbrook
Road
124 1 6035943456 EPIK $34.95 $0.00 $0.00 $0.00 $34.95
Spitbrook
Road
177 Lake 7 6035943481 EPIK $34.95 $0.00 $0.00 $0.00 $34.95
Street
O Panther 1 6038943500 EPIK $34.95 $0.00 $0.00 $0.00 $34.95
Orive
Q Panther 1 6038864952 EPIK $34.95 $0.00 $0.00 $0.00 $34.95.
Orive
82 1 6038869256 EPIK $34.95 $0.00 $0.06 $0.06 $34.95
TECHNOLO
GY Way -
PD Stanley
Bldg
38 Lake 1 6038801708 EPIK $34.95 $0.90 $0.00 $0.00 $34.95
Steel
36 Lake i 6038817841 EPIK $34.95 $0.00 $0.00 $0.00 $34.95
Street
0 Panther 1 6038830188 EPIK $34.95 $0.00 $0.60 $0.60 $34.95
Orive
0 Panther 41 6036830486 EPIK $34.95 $0.00 $0.00 $0.00 $34.95
Drive
6 Panther 1 6038831761 EPIK $34.95 $0.00 $0.00 $0.00 $34.95
Drive
0 Panther 1 6038864951 EPIK $34.95 $0.00 $0.00 $0.00 $34.95
Orive

Complete Coverage © OneSource, One Bill © Support 24/7 Granitenet.com © 866.847.1500

Stormwater Pollution Prevention Plan (SWPPP)
Video Inspection

Traffic Control Plan

Invasive Species Management Plan

Prefabricated Steel Pedestrian Bridge Erection Plan
Certificate of Compliance (13 Items)

Product Data (13 Items)

Concrete Mix Designs

Asphalt Mix Designs

00000000 0

A-8. Review and approval of shop drawings and/or working drawings does not extend to the
means and methods of construction nor to safety precautions and programs of the
Contractor.

A-9. Hoyle, Tanner will arrange for a construction testing agency to perform material testing
of cast-in-place concrete, precast concrete elements, and soil backfill compaction. All
soil materials will be tested by personnel certified in sampling and testing by the
NorthEast Transportation Training & Certification Program (NETTCP). All concrete
materials will be tested by personnel certified by the NETTCP, the American Concrete
Institute or the Prestressed Concrete Institute as appropriate. We intend to use S.W.
Cole, Inc. from Manchester, NH for these services. An estimate of the cost for these
services is included in our estimate of fee and reimbursable expenses indicated in Exhibit
C.

A-10. Measurement and documentation of quantities will include the following tasks:

o A Quantity and Record Book (2 separate documents) shall be prepared in advance
of construction for use in the field by the RPR.

o The RPR will measure all items constructed on a daily basis and record them in a
field book.

o The field measurements will then be cross-referenced into a Quantity Book and
brought forward to a summary spreadsheet for each pay period.

o Each pay requisition submitted by the contractor will be reviewed versus the
summary spreadsheet.

o The RPR shall track ongoing and future construction expenditures by completing
an “Engineer's Estimate of Balances and Excesses” as the project approaches 25%,
50%, 75% and 90% complete.

o ARecord Book of Quantities will be prepared by the RPR, which includes individual
item summary pages, substantiating documents and calculations pages.

o The Project Manager will visit the project site on a monthly basis to check the
Quantity Book, Field Measurements and Pay Requisitions.

o Itis assumed the RPR will be allowed to utilize the contractor's survey equipment
to complete earthwork measurements. It is further assumed that the contractor
will provide a rod man, if needed, to assist with these efforts.

A-11. Advertising the project for bidding will occur in the spring of 2018.

A-12, The Contractor's construction contract will have a duration of 170 calendar days (24
weeks) to achieve substantial completion and an additional 30 days (which equates to a
project total of 200 calendar days or 28 weeks) to achieve final completion starting during
the summer or fall of 2018 with all on-site work occurring between 7 AM to 7 PM, Monday
through Friday. The first 12 weeks of the construction contract duration are expected to

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A-13.

A-14.

A-15.

A-16.

A-17.

A-18.

A-19.

A-20.

be used for submittals, utility coordination and project start-up (i.e. no on-site work).
The Contractor's on-site construction duration is expected to require the remaining
contract days or 12 weeks to achieve substantial completion and an additional 4 weeks
(16 weeks total) to achieve final completion.

Our on-call consultation services by staff members other than the part-time RPR will be
based on the contractor's full contract duration of 200 calendar days (28 weeks) to
achieve final completion. On average, 2 hours of on-call consultation will be required per
week.

Dispute resolution during construction between Client and Contractor will not include
mediation, arbitration or litigation. Dispute resolution will be solely handled between the
Client, Contractor and Engineer as necessary. Should the dispute resolution escalate to
a point where mediation, arbitration or litigation is required, Hoyle, Tanner’s fees and
rates may be renegotiated should Client require participation in the proceedings.

Close to full-time construction observation services will be provided. For budgetary
purposes, Hoyle, Tanner’s intent is to staff the project by providing an Engineer III. For
budgetary purposes, this will include 34 hours per week, including 1 hour per day of
travel, with the amount of time in any one day adjusted to the work taking place at the
site. Individual time on site may vary from 2 to 8 hours depending upon construction
activities. 5 site visits for construction observation will be required every week for the
contractor's on-site construction duration of 12 weeks to achieve substantial completion.
Four, six-hour visits will also be included for Project Manager III. An additional 4 site
visits will be required during the time required for the contractor to achieve final
completion. Please note that depending upon the actual construction schedule, staff
availability and other factors, the personnel assigned to provide construction observation
services may differ from the above.

The Contractor will submit invoices on a monthly basis. If a smaller increment of payment
applications is requested (i.e. bi-monthly) and amendment to this Agreement may be
required.

Consultant shall not be responsible for acts or omissions of the Contractor(s).
Consultant shall not be responsible for site security or site safety.

Consultant shall not be responsible for failure of the Contractor to construct the project
in accordance with the construction Contract documents.

Approval of payment to Contractor represents the Consultants judgment based on
information available and does not mean the Consultant has performed an exhaustive
inspection of the Contractor’s work; nor does recommendation of payment impose any
responsibility on Consultant to supervise or direct any activities of the Contractor, nor
any responsibility for the Contractors means and methods, safety programs or
compliance with laws and regulations.

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Exhibit B
INSURANCE

Consultant has the following Insurance coverages:
a. Workers’ Compensation ¢ 500,000 Each Accident

and Employers’ Liability $ 500,000 Disease-Each Employee
$ 500,000 Disease-Policy Limit

b. General Liability ¢ 1,000,000 Per claim
Commercial Package ¢ 2,000,000 Annual Aggregate
c. Umbrella ¢ 10,000,000 Each Occurrence
$ 10,000,000 Aggregate
e. Business Auto ¢ 1,000,000 Each Occurrence
(Hired and Non-Owned) ¢ 2,000,000 General Aggregate
¢$ 2,000,000 Products- Comp/Op Agg
¢ 1,000,000 Personal & Adv Injury
¢ 10,000 Med Exp (any one person)
f. | Professional Liability ¢ 3,000,000 Per claim
¢ 3,000,000 Annual Aggregate

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EXHIBIT C
Compensation for Services

Client shall pay Consultant for services set forth in Exhibit A of this Agreement as follows:

Actual Cost Plus Percent Fee Method of Payment

Construction Phase $ 83,592.00 Estimated Amount
Total Compensation $ 83,592.00 Estimated Amount

The total amounts include the Consultant’s direct labor, overhead and percent fee of employees
engaged on the project, plus reimbursable expenses and Consultant’s subconsultants, if any.
During the term of this Agreement, direct salaries may be adjusted as part of Hoyle, Tanner's
companywide revisions due to increases in cost of living as well as merit and shall not be limited
to employees assigned to provide services under this Agreement.

Reimbursable expenses include such items as transportation, postage, telephone, fax, printing
and equipment rental.

With approval of Client, Consultant may modify the amounts for individual phases to reflect
services actually provided by phase, which approval by Client will not be unreasonably withheld;
however, Consultant shall not exceed the total compensation without the approval of the Client.

Consultant shall bill for services based on direct labor charges plus overhead and percent fee,
reimbursable and subconsultant charges during the billing period.

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NHDOT FUNDING SUMMARY

The following is a summary of the total estimated project costs to date:

eF

Preliminary Engineering (PE)

K:\902603\0-Contract\Construction Phase\Exhbit B - Scope of Services.docx

Feasibility Study Phase $36,547.20 $9,136.80 $45,684.00
Preliminary Design Phase $29,456.00 $7,364.00 $36,820.00
Final Design Phase $18,422.40 $4,605.60 $23,028.00
Bid Phase $3,464.00 $866.00 $4,330.00
PE Total $87,889.60 $21,972.40 $109,862.00
ROW Total
Construction (CON)
Construction Cost $274,240.00 $68,560.00 $342,800.00
Construction Engineering $66,873.60 $16,718.40 $83,592.00
TOTAL $429,003.20 $107,250.80 $536,254.00
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