Search

4. 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
Independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Independent
Contractor's performance under the contract. Independent Contractor shall provide to the City of
Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal
for a change shall provide enough detail, including personnel hours for each sub-task and cost
breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The
City of Nashua will then determine in writing if Independent Contractor should proceed with any
or all of the proposed change. If the change causes an increase or a decrease in Independent
Contractor's cost or time required for performance of the contract as a whole, an equitable
adjustment shall be made and the contract accordingly modified in writing. Any claim of
Independent Contractor for adjustment under this clause shall be asserted in writing within 30
days of the date the City of Nashua notified Independent Contractor of the change.

When Independent Contractor seeks changes, Independent Contractor shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Independent Contractor should proceed with any or all of the proposed change.

Except as provided in this paragraph, Independent Contractor shall implement no change unless
the City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shall be confirmed in
writing as soon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination.

6. CITY OF NASHUA COOPERATION ‘The City of Nashua agrees that its personnel will cooperate
with Independent Contractor in the performance of its work under this contract and that such
personnel will be available to Independent Contractor for consultation at reasonable times and
after being given sufficient advance notice that will prevent conflict with their other
responsibilities. The City of Nashua also agrees to provide Independent Contractor with access to
City of Nashua records in a reasonable time and manner and to schedule items that require action
by the Board of Public Works and Finance Committee in a timely manner. The City of Nashua
and Independent Contractor also agree to attend all meetings called by the City of Nashua or
Independent Contractor to discuss the work under the Contract, and that Independent Contractor
may elect to conduct and record such meetings and shall later distribute prepared minutes of the
meeting to the City of Nashua.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Independent Contractor warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua’s resolution of each matter is satisfactory to
Independent Contractor. All future questions Independent Contractor may have conceming
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Independent Contractor's question or position. The City of Nashua representative shall render

GC3 of 11

3. Place no further orders or sub-contracts for materials, services, or facilities, other than
as may be necessary or required for completion of such portion of work under the
contract that 1s not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or sub contracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the City of Nashua to resume performance.

In the event of a termination for cause, Independent Contractor shall receive all amounts due and
not previously paid to Independent Contractor for work satisfactorily completed in accordance
with the contract prior to the date of the notice, less all previous payments. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work. Any
such payment may be adjusted to the extent of any additional costs occasioned to the City of
Nashua by reasons of Independent Contractor's failure. Independent Contractor shall not be
relieved of liability to the City of Nashua for damages sustained from the failure, and the City of
Nashua may withhold any payment to the Independent Contractor until such time as the exact
amount of damages due to the City of Nashua is determined. All claims for payment by the
Independent Contractor must be submitted to the City of Nashua within 30 days of the effective
date of the notice of termination.

If after termination for the failure of Independent Contractor to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua,
to complete or make sufficient progress on the work in a timely and professional manner, it is
determined that Independent Contractor had not so failed, the termination shall be deemed to
have been a termination at will. In that event, the City of Nashua shall, if necessary, make an
adjustment in the compensation paid to Independent Contractor such that Independent Contractor
receives total compensation in the same amount as it would have received in the event of a
termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party
or otherwise. In the event Independent Contractor shall cease conducting business, the City of
Nashua shall have the right to solicit applications for employment from any employee of the
Independent Contractor assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Independent Contractor's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within
Independent Contractor's control.

DISPUTE RESOLUTION The parties shall attempt to resolve any dispute related to this contract
as follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City of Nashua Representative and a Independent Contractor
Representative. At all times, Independent Contractor shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination or direction of the City of Nashua. If the parties are unable to resolve their dispute

GC 5 of 11

13.

14.

15.

16.

occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault
or willful misconduct, whether active or passive, of Service Provider or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. Service Provider’s indemnity and hold harmless obligations, or portions thereof, shall
not apply to liability caused by the sole negligence or willful misconduct of the party indemnified
or held harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this
contract.

Nothing in this contract shall be construed to provide Service Provider with a right of payment
over any other entity. Any funds obligated by the City of Nashua under this contract that are not
paid to Service Provider shall automatically revert to the City of Nashua’s discretionary control
upon the completion, termination, or cancellation of the agreement. The City of Nashua shall not
have any obligation to re-award or to provide, in any manner, the unexpended funds to Service
Provider. Service Provider shall have no claim of any sort to the unexpended funds.

COMPENSATION Review by the City of Nashua of Service Provider's submitted monthly invoice
forms and progress reports for payment will be promptly accomplished by the City of Nashua. If
there is insufficient information, the City of Nashua may require Service Provider to submit
additional information. Unless the City of Nashua, in its sole discretion, decides otherwise, the
City of Nashua shall pay Service Provider in full within 30 days of approval of the submitted
monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Service Provider, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Service
Provider shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City of Nashua in writing of any changes to the same relating to or
affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

NONDISCRIMINATION [f applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Service Provider agrees to the following terms. Service Provider will
not discriminate against any employee or applicant for employment because of physical or mental
handicap in regard to any position for which the employee or applicant for employment is
qualified. Service Provider agrees to take affirmative action to employ, advance in employment,
or to otherwise treat qualified, handicapped individuals without discrimination based upon
physical or mental handicap in all employment practices, including but not limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff,
termination, rates of pay, or other forms of compensation and selection for training, mcluding
apprenticeship.

Without limitation of the foregoing, Service Provider's attention is directed to “Title 41°Public
Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to Public
Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor’ which, by this reference, is incorporated in this contract.

GC 7 of 11

17,

18.

19,

20.

Service Provider agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Service Provider under this contract.

In connection with the performance of work under this contract, Service Provider agrees not to
discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for traming,
including apprenticeship.

Service Provider agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any applicable
provision by Service Provider shall constitute a material breach of the contract.

ENDORSEMENT Service Provider shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Service Provider or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Service Provider shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Service Provider related to this contract shall be subject to inspection,
examination and audit by the City of Nashua, including, but not limited to, the contracting
agency, the Board of Public Works, Corporation Counsel, and, if applicable, the Comptroller
General of the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS 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 Service Provider
in the performance of its obligations under this contract shali be the exclusive property of the City
of Nashua and all such materials shall be remitted and delivered, at Service Provider's expense,
by Service Provider to the City of Nashua upon completion, termination, or cancellation of this
contract. Alternatively, if the City of Nashua provides its written approval to Service Provider,
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 Service Provider in the performance of its
obligations under this contract must be retained by Service Provider 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 Service
Provider shall promptly remit and deliver the materials, at Service Provider's expense, to the City
of Nashua. Service Provider shall not use, willingly allow or cause to have such materials used

GC 8 of 11

21.

22.

23,

for any purpose other than the performance of Service Provider's obligations under this contract
without the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Service Provider expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Service Provider
(including those remitted to the City of Nashua by Service Provider 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 Service Provider 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 Service Provider. The City of Nashua shall have the right to reproduce any such
materials.

Service Provider 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. Service Provider
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 Service Provider infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Service Provider infringes any patent.

Service Provider 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.

FINAL ACCEPTANCE Upon completion of all work under the contract, Service Provider 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 Service Provider in writing that the whole of the work was completed on
the date indicated in the notice or provide Service Provider with a written list of work not
completed, With respect to work listed by the City of Nashua as incomplete, Service Provider
shall promptly complete the work and the final acceptance procedure shall be repeated. Fhe 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 Service Provider 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 ail payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Service Provider 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.

GC 9 of 11

24, NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract

25.

26.

27,

28.

29.

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 Service Provider 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.
Service Provider warrants that no officer or employee of the City of Nashua has any direct or
indirect interest, whether contractual, noncontractual, fmancial or otherwise, in this contract or in
the business of Service Provider. If any such interest comes to the attention of Service Provider
at any time, a full and complete disclosure of the interest shall be immediately made in writing to
the City of Nashua. Service Provider 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. Service Provider 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 Service Provider (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,
Service Provider shall refund to the City of Nashua any profits realized under this contract, and
Service Provider 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.

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider 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 awarding or
amending or making of any determinations with respect to the performance of this contract. Lf
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 Nashna and Service Provider,
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 Service Provider.

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

GC 10 of 11

30.

31.

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 Service Provider. 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 $th Circuit Court—Nashua and not elsewhere.

GC 11 of 11

ATTACHMENT B
SCOPE OF WORK

The Engineer has prepared this Contract Agreement for services relative to the Nashua
Transit Center Retrofit Project. The project is anticipated to include an addition in the
rear of the building to accommodate a driver break area, improvements to the platform
roof, sidewalk improvernents, pavement reconstruction, drainage investigation and
upgrades, curb relocation and height adjustments, improved pedestrian access and traffic
patterns, and other miscellaneous improvements at the Transit Center.

The specific work items are further detailed as follows:
INITIAL PROJECT SCOPING COMPLETED

Prior to the commencement of any other work, the Consultant will meet with the City to
review the current and proposed layout of the site and building of the Transit Center.
From this meeting, a specific program will be developed consisting of all changes
discussed. These changes will be incorporated into a conceptual master plan for the
Transit Center and a detailed cost estimate will be developed for the City’s review. The
master plan will include improvements to the Transit Center site, building, and platform
roof canopy. It is assumed that the master plan will be developed using information
currently available, including but not limited to aerial imagery, GIS information, record
drawings, and base mapping previously prepared by the City.

The Consultant will meet with the City to review the master plan and associated detailed
cost estimate and discuss the project budget for construction of these improvements,
including engineer and construction services. Based on this budget, a scope of work will
be established to be included in this project or expand the project to include a study of
additional scope items that will require a larger budget to be implemented in the future.

This phase of the project will establish the scope of work for the remainder of the project.
The following is a brief outline of the work items anticipated to be required as a part of
this project, however this scope is anticipated to be further refined after completion of
this phase.

ENGINEERING / FEASIBILITY STUDY / PRELIMINARY PLANS

Once a scope of work is identified through the Initial Project Scoping, the Consultant will
prepare a detailed scope of work and associated fee. Generally, the scope of work to be
undertaken is anticipated to include the following work items.

Feasibility Study

The Consultant will undertake a feasibility study of the project. Items to be reviewed as
part of this are anticipated to include environmental, cultural, historical, archaeological,
hazardous waste, topographic, and architectural concerns or sensitivities that may arise as
the project progresses to construction. The study will be based on data available at the
time of the study, including any state- or citywide GIS information and plans and records
available from the City. The results will be summarized in a Feasibility Study and
delivered to the City for review and discuss, as necessary. Any permits necessary to
construct the improvements will also be included in the Feasibility Study.

GC 12 of 11

Field Survey

The Consultant will perform a detailed topographic survey of the area to be affected by
the proposed improvements. At a minimum, it is assumed that topographic survey will
be required on the entire Transit Center property, however additional areas may be
required to be survey depending on the scope of work to be undertaken.

The detailed topographic survey will include all detail necessary to design the proposed
improvements, including but not limited to: surface features including curbing, drainage
and utility surface structures, fences, walls, signs, mailboxes, HVAC equipment,
buildings, foundations, and other ancillary items; spot grades and 1-foot contours; right-
of-way lines, property lines and ownership information; and all underground utility
information including pipe size, condition and mm elevation necessary to complete the
improvements.

It is assumed that record plans will be available for the existing platform canopy and
Transit Center building, detailing all materials, utilities, fixtures, and dimensions. These
record plans will be field verified by the architect for accuracy, but it is not anticipated
that a full survey of the building and platform canopy structure will be required as a part
of this project.

Meetings

Meetings with the City, as well as public presentations and assistance in technical or
procedural aspects of the project will be required as the project proceeds. Services for
meetings include coordination, preparation, travel, attendance, supporting graphics (when
required), and documentation in the form of meeting notes (when requested). Such
services will be provided at the request of the City.

An initial upset limit is included in this Contract Agreement for attendance at up to two
(2) public meetings, one (1) with the Planning Board and one (1) with the Infrastructure
Planning Committee, and two (2) project review meetings with the City team. Further, a
total of four (4) meetings are anticipated as a part of this phase of the project.

Preliminary Plans

Upon completion of the field survey, the Consultant will begin preparation of the
Prelimimary Plans. The Preliminary Plans will be developed to include the existing
facility layout, drainage, preliminary drainage calculations, schematic architectural plans
for design floor plans, exterior elevations and interior elevations, traffic and pedestrian
flow, landscaping and street furniture, and lighting plans. The plans will also include
construction details of any items requiring additional detailing. These plans will be
suitable for permitting with the City board(s). The Preliminary Plans will be submitted to
the City in Draft format for review and comment prior to submission to any board or
agency.

Planning Board Site Plan Review Process

Once the Preliminary Plans have been approved by the City, they will be filed with all
applicable boards, commissions, and agencies, along with any permit applications

GC 13 of 11

necessary. At this time, it is anticipated that this project will only require Site Plan
Review by the Planning Board. The Consultant will prepare the Planning Board
submissions and applications for the City’s signature and make the filings necessary for
this process,

FINAL PLANS

Once the Preliminary Plans are fully approved and permitted, a set of Final Plan will be
prepared. The Final Plans will include final architectural and engineering design, final
drainage calculations and construction details in accordance with Planning Board
approval specifications, and any other details necessary to construct the project.
Specifications will be included on the plans or as a separate document for all materials,
mechanical, electrical, plumbing equipment and finishes necessary as a part of the
improvements. A construction cost estimate will also be prepared of all work being
proposed. The Draft of the Final Plans and accompanying information will be submitted
to the City for review and approval prior to being finalized. The Final Plans will be
suitable for public bidding and construction.

BIDDING SERVICES

Once the City has reviewed and approved the Final Plans, the CONSULTANT will revise
the documents as necessary and incorporate the specification into a set of Bid
Documents. In addition to the plans and specifications, the Bid Documents will include a
bid form, prevailing wage rates, general conditions, and other documents to allow the
City to advertise the project. It is anticipated that the City will provide a standard Bid
Document template that the Consultant will utilize to incorporate all project specification
information into. The Consultant will work closely with the City’s Purchasing
Department to ensure that the project is bid appropriately.

Once the Bid Documents are issued, the Consultant will attend a Pre-Bid Meeting,
including preparation of an agenda and answering any questions that may arise. If
required, formal responses to bidder questions will be prepared to clarify the scope of
work or intent of the design.

Upon receiving the submitted construction bids, the Consultant will tabulate the bids and
review all submitted bonding information for each bidder to ensure sufficient bonding is
in place. The tabulated bids will be provided to the City along with a recommendation
from the Consultant on which bidder to engage into a contract with. The information will
be suitable for review by the FTA prior to contract award.

CONSTRUCTION SERVICES (Not in Contract)

For the purposes of this Scope of Work, Construction Administration, Inspection and
Oversight services excluded. These services may be provided by the Consultant upon
consideration of additional compensation. It is anticipated that if required at a later date,
a separate scope and fee will be negotiated with the City for these services.

GC 14 of 11