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20. DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or

21.

other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Professional
Engineer's expense, by Professional Engineer to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Professional Engineer, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract must be retained by
Professional Engineer for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Professional Engineer shall promptly remit and
deliver the materials, at Professional Engineer's expense, to the City of Nashua. Professional
Engineer shall not use, willingly allow or cause to have such materials used for any purpose other
than the performance of Professional Engineer's obligations under this contract without the prior
written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional
Engineer (including those remitted to the City of Nashua by Professional Engineer pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Engineer
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at
its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

GC 9 of 11

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FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Engineer
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Engineer in writing that the whole of the work was
completed on the date indicated in the notice or provide Professional Engineer with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,
Professional Engineer shall promptly complete the work and the final acceptance procedure shall
be repeated. The date of final acceptance of a project by the City of Nashua shall be the date upon
which the Board of Public Works or other designated official accepts and approves the notice of
completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. 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 of Nashua in a written waiver.

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.

PROHIBITED INTERESTS Professional Engineer shall not allow any officer or employee of the
City of Nashua 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 of Nashua 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 of Nashua. 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 of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, 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 of
Nashua may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer shall be liable to the City of Nashua for any costs
incurred by the City of Nashua in completing the work described in this contract. At the
discretion of the City of Nashua, 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 of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the

GC 10 of 11

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awarding or amending or making of any determinations with respect to the performance of this

contract. If City of Nashua 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 of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua 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
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Professional Engineer.

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.

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.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua 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.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the
State of New Hampshire and any claim or action brought relating to this contract, the work
performed or contracted to be performed thereunder, or referable in anyway thereto shall be
brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in
the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC 11 of 11

CLD | Fuss & O'Neill

June 14, 2018

Mtr. Joe Mendola

City of Nashua

Division of Public Works
9 Riverside Street
Nashua, NH 03062

Re: Canal St. over Nashua River Bridge Repairs
Scope of Work and Fee Proposal — Weep Hole Installation & Concrete Repaits
CLD | Fuss & O’Neill Reference No. 20160362.000

Dear Mr. Mendola:

CLD | Fuss & O’Neill is pleased to submit the enclosed revised Scope of Work and Fee Proposal to
complete contract plans and construction services for the weep hole installation, and the concrete
repairs of the abutment and pier of the Canal Street Bridge over the Nashua River. ‘The scope has
been revised based on the City’s comments.

Haley and Aldrich has been retained on an on-call basis if further geotechnical services are needed,
please see their attached Scope of Work and Fee Proposal for a detailed description of their services.
Also included with this letter is CLD | Fuss & O”Neill’s Task List with Estimated Hours and Fee.

CLD | Fuss & O’Neill’s work will be separated into two stages; the first stage will consist of the
weep hole installation, and the second stage will be the concrete repairs of the abutment and the
pier. The scope of work shall include:

e Preparation of Contract Plans — Weep Hole Installation: A detail for the installation of
the weep holes at the east abutment will be prepated; plans are expected to consist of one
sheet that includes the installation detail and all applicable notes. One submission to the City
for review is anticipated. Plans will be revised based on the City’s comments.

e Field Inspection: Conctete inspection of the east abutment and pier will be conducted to
determine the limits of the concrete repairs. Inspection will consist of visual inspection and
hammer sounding of accessible surface. The area of repair will be estimated based on the
visual findings only for inaccessible surface, i.e. if the pier cannot be reached due to water
conditions.

e Preparation of Contract Plans — Concrete Repairs: Details for concrete repairs of the
eastern abutment and pier will be prepared. One submission to the City for review is
anticipated. Plans will be revised based on the City’s comments.

e Preparation of Bid Form and Special Provisions: CLD | Fuss & O’Neill will prepate the

bid form and special provisions, for both the weep hole installation and the concrete repairs,
to be included in the Contract Documents. Standard NHDOT will be used as applicable;

CONNECTICUT | MAINE | MASSACHUSETTS | NEW HAMPSHIRE | NEW YORK | RHODE ISLAND | VERMONT

540 Commercial Street @ Manchester, NH 03101 © ph: 603.668.8223 © fx: 603.668.8802 © www.cldengineers.com

CLD | Fuss & O'Neill

Mr. Joe Mendola

CLD | Fuss & (Neill Reference No. 20160362.000
June 14, 2018

Page 2 of 3

special provisions will be provided for non-standard items only. The City will prepare all
other necessary Contract Documents.

¢ Wetlands Permit: A wetlands permit will be required to access and complete the concrete
repairs to the pier. CLD | Fuss & O’Neill will prepare and submit the Wetland Permit by
Notification (PBN) to NHDES.

e Bidding Assistance: For each stage of the project CLD | Fuss & O’Neill will answer
contractor questions during the advertising period and issue addenda, if needed. CLD | Fuss
& O’Neill will prepare a tabulation of the bids received, evaluate the bids and recommend
award. The City will advertise the project, sell bid packages, and conduct the bid opening.

e Construction Inspection and Administration: For each stage of the project CLD | Fuss
& O’Neill will review shop drawings, ie. traffic control plans and concrete mix designs, for
compliance with the Contract Documents as well as provide consultation regarding design
intent or clarification of the plans and specifications. Periodic field inspections will be
conducted to ensure work conforms to the Contract Documents. Field visits will be based
on the work being completed.

CLD | Fuss & ONeill (herein known as the Engineer) will make visits to the site at intervals
appropriate to the various stages of construction as the Engineer deems necessary in order
to observe the progress that has been made and the quality of the various aspects of
Contractor’s executed work. Observations and site visits will be limited to the total time
amounts discussed above and in the Fee Estimate unless a further amendment is agreed to.
Based on information obtained during such visits and observations, the Engineer, for the
benefit of Municipality, will determine, in general, if the Work is proceeding in accordance
with the Contract Documents. Engineer will not be required to make exhaustive or
continuous observations on the site to check the quality or quantity of the Work. Engineer’s
efforts will be directed toward providing for the Municipality a greater degree of confidence
that the completed Work will conform generally to the Contract Documents. On the basis
of such visits and observations, Engineer will keep Municipality informed of the progtess of
the Work and will endeavor to guard Municipality against defective work.

Engineer will not supervise, direct, control, or have authority over ot be responsible for
Contractor’s means, methods, techniques, sequences, procedures of construction, or the
safety precautions and programs incident thereto, or for any failure of Contractor to comply
with Laws and Regulations applicable to the performance of the Work.

e Materials Testing: Concrete materials testing is anticipated for the concrete repairs. This
portion of the work will not be completed until next year; as such, a proposal for testing
services has not yet been obtained. CLD | Fuss & ONeill will retain a sub-consultant for
these services once the dates for construction have been determined. An estimated cost for
this service has been included.

CLD | Fuss & O’Neili

Mr. Joe Mendola

CLD | Fuss & ’Neill Reference No. 20160362.000
June 14, 2018

Page 3 of 3

¢ Weep Hole Monitoring: CLD | Fuss & O’Neill will make periodic site visits to monitor
leaking through the abutment after the weep hole installation is completed and prior to the
conctete repairs commencing. A field report documenting the field conditions will be
ptepared and sent to the City for your records. A total of 5 site visits has been included.

Summary of the Fee Proposal:
Weep Hole Installation: $11,488
Concrete Repairs: $31,055
TOTAL: $42,543

We look forward to continuing work with you and City of Nashua on this project. Please contact us
if you have questions of requite additional information.

Very truly yours,

Jaime French, P.E.
Project Manager

JE jE

Enclosures

CLD | Fuss & O'Neill

Cost Estimate

CITY OF NASHUA

CANAL ST BRIDGE - WEEP HOLE INSTALLATION

ESTIMATED WORK HOURS

Project | QA/QC | Project Tech. Total
Manager] Sr. Eng. | Engineer]Engineer| Tech. | Typist | Hours
Prepare Construction Details 1 1 4 6 12
Prepare Quantities and Estimate 1 2 4 7
Prepare Bid Form and Special Provisions 1 2 6 9
Bidding Assistance
Contractor Inquiries & Addenda 1 2 2 1 6
Review Bids, Quantities & Contractor 1 1 2 2 6
Prepare Contracts, NOA, NTP, Insurance & Bond 1 2 4 7
Review
Construction Inspection/Administration (3 site visits) 4 12 16
Weep Hole Monitoring (5 Site Vists and Reports) 1 10 11
Project Administration & Coordination (assume 1 4 2 > 8
meeting)
Hour Subtetal: 8 7 20 34 6 7 82

Project Manager

QC/QA & Senior Engineer
Project Engineer

Engineer

Technician

Technical Typist

20160362.000

ESTIMATED ENGINEERING COSTS

Work Estimated Estimated
Hours Hourly Rate Costs
8 $ 50.00 $ 400
7 52.18 365
20 50.00 1,000
34 35.84 1,219
6 25.99 156
7 22.05 154
| 82 Total Direct Labor $ 3,294
Indirect Costs @ 1.7 5,600
Subtotal $ 8,894
Fixed Fee $ 889
Subtotal $ 9,783
Direct Costs $ 205
CLD Total Estimated Cost: “$ 9,988
Haley & Aldrich, Inc. $ 1,500
TOTAL ESTIMATED COST: 11,488
-l- 6/2018

CLD | Fuss & O'Neill Cost Estimate

CITY OF NASHUA

CANAL ST BRIDGE - CONCRETE REPAIRS

ESTIMATED WORK HOURS
Project | QA/QC | Project Tech. Total
Manager} Sr. Eng. |Engineer]Engineer| Tech. | Typist Hours
Prepare Construction Details 1 2 6 12 16 37
Field Inspection 6 6 6 18
Prepare NHDES PBN 1 1 4 16 12 34
Prepare Quantities and Estimate 1 2 4 7
Prepare Bid Form and Special Provisions 1 3 8 12
Bidding Assistance
Contractor Inquiries & Addenda 1 1 2 2 1 7
Shop Drawing Review 1 2 4 4 1]
Review Bids, Quantities & Contractor 1 1 2 2 6
Prepare Contracts, NOA, NTP, Insurance & Bond 1 > 4 7
Review
Construction Inspection/Administration (6 site visits) 1 8 24 33
Project Administration & Coordination (assume 1 4 > > g
meeting)
Hour Subtotal:| 12 13 44 70 34 7 180
ESTIMATED ENGINEERING COSTS
Work Estimated Estimated
Hours Hourly Rate Costs
Project Manager 12 $ 50.00 $ 600
QC/QA & Senior Engineer 13 52.18 678
Project Engineer 44 50.00 2,200
Engineer 70 35.84 2,509
Technician 34 25.99 884
Technical Typist 7 22.05 154
180 Total Direct Labor $ 7,025
Indirect Costs @ 1.7. 11,943
Subtotal $ 18,968
Fixed Fee $ 1,897
Subtotal $ 20,865
Direct Costs $ 190
CLD Total Estimated Cost: $ 21,055
Materials Testing $ 10,000
TOTAL ESTIMATED COST: 31,055,
20160362.000 -l- 6/2018

20160362.000

Mileage

Construction
Meetings
Monitoring

Reproductions

Full Size
11x17

8.5x11

DIRECT COSTS

CITY OF NASHUA
CANAL ST BRIDGE

Weep Hole Installation

No. Trips Miles
(round trip)
3 38
I 38
5 38
No. Sets** Plans per Set
5 1
10 1
5 15

** includes progress prints

Mileage

Construction
Meetings

Reproductions

Full Size
11x17

8.5x11

Concrete Repairs

No. Trips Miles
(round trip)
6 38
1 38
No. Sets** Plans per Set
5 3
10 3
5 25

** includes progress prints

Rate per Mile Total
$ 0.535 $ 60.99
$ 0.535 §$ 20.33
$ 0.535 $ 101.65
$ 182.97

Rate / Sheet Total
$ 1.10 $ 5.50
$ 0.30 § 3.00
$ 0.15 $ 11.25
$ 19.75
Grand Total $ 202.72

SAY $ 205.00 |

Rate per Mile Total
$ 0.535 §$ 121.98
$ 0.535 $ 20.33
$ 142.31

Rate / Sheet Total
$ 1.10 §$ 16.50
$ 0.30 $ 9.00
$ 0.15 $ 18.75
$ 44,25
Grand Total $ 186.56

| SAY $ 190.00 |

6/2018

HALEY & ALDRICH, INC.

3 Bedford Farms Drive
j Bedford, NH 03110
iCH 603.625.5353

6 June 2018
File No. 129653-001

Fuss & O’Neill, Inc.
540 Commercial Street
Manchester, NH 03101

Attention: Ms. Jaime French, PE
Senior Bridge Engineer

Subject: Geotechnical Engineering Services
Canal Street Bridge Drainage - Design Support
Nashua, NH

Dear Ms. French:

Haley & Aldrich is pleased to submit this proposal for geotechnical engineering services in connection
with the subject project. In accordance with our discussions, Haley & Aldrich will provide on-call
geotechnical support for the project. Our scope of services includes:

- Provide geotechnical review of the design drawings.
- Provide on-call geotechnical consultation.
- Attend meetings as requested.

Services will be provided in accordance with the attached Fee Schedule. For budgeting purposes, we
recommend an allowance of $1,500 for these services. If the above arrangements are satisfactory to
you, please issue us a change order to our current contract. We appreciate this opportunity to be of
further assistance on this project.

Sincerely yours,
HALEY & ALDRICH, INC.

get bp bo

John G. DiGenova, P.E.
Associate
Senior Geotechnical Engineer

Attachments:
Standard Fee Schedule 17-M5

G:\129653_Canal Street Bridge\001\Deliverables\2016-0830-HAI-Geotechnical Proposal Design Support Canal Street Bridge-REV.docx

www heleyaldrich.com