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ENGINEERING CONSTRUCTION PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITY OF NASHUA, NEW HAMPSHIRE

This AGREEMENT made and entered into at HILLSBOROUGH County, New Hampshire, this
day of 2018, by and between City-Lewn-of NASHUA, NEW HAMPSHIRE
Hereinafter called the OWNER, and WRIGHT-PIERCE hereinafter called the ENGINEER.

WITNESSETH:
WHEREAS, the OWNER intends to construct Treatment Works in accordance with the contract
drawings and bidding documents for the “Primary Tank Upgrade” Hereinafter called the PROJECT, and

WHEREAS, professional sanitary engineering services will be required for construction administration,
resident engineering and related services, and

WHEREAS, such services are of a distinct professional nature and hence not subject to the bidding
process,

NOW THEREFORE, in consideration of these premises and of the mutual covenants herein set forth,
the OWNER hereby employs the ENGINEER to furnish the following engineering services in connection with
the proposed PROJECT; and it is agreed by and between the OWNER and the ENGINEER as foliows:

Construction Phase Engineering

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ENGINEERING CONSTRUCTION PHASE CONTRACT Page 2 of 6
For Professional Services for Treatment Works
I. Services to be Performed by the ENGINEER 1. Observing and reporting perfor-

A. Upon execution of this AGREEMENT, the EN-
GINEER shail proceed with the general administration
of construction and (full or 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 for the

(Fewn/City) of
Nashua, New Hampshire Primary Tank
Upgrade :

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.

c, Completion of formal contract
documents for the award of contracts.

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

contractor,

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

f. Preparation of drawings and
technical 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 imspection of work and
final inspection.

Construction Phase Engineering

mance and qualifying tests required by
specifications.

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

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

lL, 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 appHeatier, support-
ing and associated documents for Federai,
State, and other grant or loan programs,

quests: See Exhibit A — Federal and
State Reporting Requirements

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

2. Resident Inspection and Other Special
Services

a. The ENGINEER agrees to provide
at least one Registered Professional Cit
Engineer Resident Project

Representative (RPR) on the project site
and-one-or-more-inspectors as necessary
(f4ll—-er—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 RPR Resident Encineer,

assistant—ensineers,—and—censtruction
daspeeters, and shall be provided with a
brief history of the RPR’s Resident Ensi-
neers construction experience. The RPR

FS
shall be in the employ of and under direct
contrel of the ENGINEER. It is further
agreed that failure of the RPR Resident
Engineer to administer 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.

e. Special Services: ENGINEER

shail previde through a sub-contractor
the necessary soil and concrete

materials testing during construction.

Construction Phase Engineering

ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

Ik.

HI.

Page 3 of 6

The OWNER'S Responsibilities

A.

Assist the ENGINEER by placing at his dis-

posal all available information pertinent to the PRO-
JECT, including previous reports and other data rela-
tive to the reports.

B.

c.

Make provisions for the ENGINEER to enter
upon public and private lands, municipal
facilities and industrial establishments as
required to perform work under this AGREE-
MENT.

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 if necessary) monthly with bill-
ing by the hour and actual direct labor
rates times a net multiplier of 2.9477
(ndirect Rate of 167.97% with mark-
up of 10%) rate-by labor category with
mark-up and incidental expenses in ac-
cordance with the attached fee schedule.

2. The OWNER agrees to pay and the
ENGINEER agrees to accept for all services
under this AGREEMENT, a fee not to exceed
Three-hundred-seventy-five thousand,

three hundred Dollars

($375,300.00)

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
One-hundred-ninety-nine thousand, one

hundred Dollars
$199,100.00

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ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works

Page 4 of 6

2. Payment to the ENGINEER for resident e. For preparation of the Record
engineering and other special services shall be Drawings as described under I (A)(2)(d),
as follows: an amount not to exceed

a, Resident engineering and support
inesteff (as agreed to by the OWNER and
DIVISION) as described under I (A)(Q2-
)(a) for a period of 130 working days, an
amount not to exceed

One-hundred-two thousand Dollars

($102,000.00)

Overtime shall be converted to equivalent
fractions of 8-hour days. Ifthe 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

Thirty-eight thousand, seven hundred

IV.

Eleven thousand, one hundred Dollars

($11,100.00)

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 project engineer” is
as defined under the DIVISION'S “Rules and Regula-
tions for the Prequalification of Consulting Engi-
neers.” The Project Engineer shall be*

Jeffrey R. Pinnette, PE, Wright-Pierce
(name and address)
11 Bowdoin Mill, Suite 140, Topsham, ME04086

* 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 Project Engineer to administer the
PROJECT to the satisfaction of the OWNER and/or
DIVISION is deemed sufficient basis for his removal

Dollars
and replacement.
($38,760.00)
: B. The ENGINEER agrees to be solely responsible
c. For preparation of the Manual as for all bills or claims for payment for services rendered

deseribed under I (A)(2}(c) and instruc-
tions on its use, an amount not to exceed
Fourteen thousand, four hundred

Dollars
$14,400.00

d. ‘For special services, as described
under I (A)(2)(e) an amount equal to the
actual cost of such work. The actual cost
shall include compensation to the
ENGINEER for his work on these
services. The ENGENEER—alse—assures
the-OWMER-thatthe moneys to be paid

under this item are-adecuate-fortheswerk
prepesed-and-shall not exceed

Ten thousand

($10,000.00)

Dollars

Construction Phase Engineering

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 claims for bodily injury,
death or property damage which may arise 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; they shall be transmitted to the OWNER in clean

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

and orderly condition on demand by the OWNER;
however, these may be left in the possession of the -—#§\_Fermination
ENGINEER at the OWNER'S discretion.

E. The ENGINEER shall not sublet, assign or any_reasen-whatseevericinterrupterterminate
transfer any part of the ENGINEER's services or thewerk required of the ENGINEFR-underthis
obligations (except special services} under this AGREEMENT —with-a—seven_()}- day aritten
AGREEMENT without the prior approval and written notice—of—such—interruptiener—termination
consent of the OWNER, and the contract shall be transmitted to the ENGENEER_by the OWNER.
binding upon and inure to the benefit of the parties, da—the—event—of—_termination—ofthis
their successors and assigns. AGREEMENT sithoutfault onthe part ofthe

ENGINGER, the ENGINEER shall be-entitled
F. It is further agreed that before any construction to—coampensation —as—deterntined —by—the
is undertaken the ENGINEER will assist the OWNER BBASION for—alt work _performed—to—the
or his authorized agent in providing the DIVISION satisfaction ofthe DIVESIOMN andthe CVF NER,
with clear documentation certifying that the purchases and-pursuant-to-this AGREEMENT tn order
of fand have been secured to provide for location of thatthe ENGINEER shall receive payment
the treatment works and other associated structures inati ice; ites,
and equipment as shown on the construction plans or HES; ; ; :
described in the specifications. Similar documentation ; +i ; :
shall be submitted on approvals from the State High- together-with-all-other-materials and -date-pre-
way Department regarding location of the treatment paredin-connection with he PROJECT shall be
works and other project related facilities within rights- transmitted-te-the OWNER ina -form eeceptable
of-way and other lands under its jurisdiction. tothe OWMER-and DAVISON.

G. The ENGINEER also agrees to provide in active
residence and full or part time contro! at the site of the VY. OWNER’S Terms and Conditions
proposed construction 2 DIVISION approved RPR

repistered_ebil_ensineer_and DPVISION appreved Exhibit B - City of Nashua Professional Services
inspectors-(fulltime-or-parttime) as needed with the General Terms and Conditions is hereby incorporated
experience and other approved background to by reference as if fully set forth herein.

assist the ENGINEER in the work of General
Administration and to assure contractor’s
conformance with the plans and 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 shail

be
TBD
(Name and Address)
laseribine Candidate’ |ifieations)

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
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:
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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