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ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

3. It is again agreed that payment to the EN-
GINEER for services in relation to subsurface
exploration, including borings, probings or
seismic surveys, shall be at actual cost as defined
in IV (B) 2. The ENGINEER further agrees that
the work proposed under this item is enough to
satisfactorily complete the contract documents
and that the moneys to be paid under this item
are adequate for the work proposed and shall not
exceed

To Be Determined

Dollars

($__TBP).

4-——ltis-alse-agreedthat paymenttethe ENGE
NEER-fer-serviees-in-relationte-eadastral-sur
veys-anc-ethersvercassecinted-with-the acquisi-
tion—-of-lands—_easements,—_and—rights-ef way
essential_te—the-eenstruetion_of the PROJECT
shall-be-at-eetual-east-as-defined in IV(B}2-The
ENGINEER -further-ageces-that—thewerle_pre-
posed-underthis tem s-eneugh te-previde-ade-
quate—sites,—easements,—and_tights-ef way—te
pennitthe-usenemmbered -construction,-epera-
tien-and-maintenanee-ofthe-cempleted_project
without_interference-tn_any—ways—Pre-ENGE
NEER-alse-assures the OMNER-+that the moneys
te-be-paid-underthis-item-are-adequatefer the
work prapesed-and-shall net exceed

——,

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

(name and address)

Woodard & Curran, 4) Hutchins Drive, Portland, ME
* 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 ENGINEER to abide by the above
covenant may be considered basis for debarment of the

2016 05.27 Pump Stations Upgrade Prelim Design Contract

Page! of 7

ENGINEER from the DIVISION'S Roster of
Prequalified Consulting Engineers as provided for
under New Hampshire Code of Administrative Rules
Eny-Wq 603.08.

B. The ENGINEER agrees to be solely responsible
for all bills or claims for payment for services rendered
by others and for all services and materials employed
in his work, and to indemnify and save harmless the
OWNER, and all of 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 result from his
performance and the performance of his employees un-
der this AGREEMENT,

D. All documents, . including original drawings,
design calculations, work sheets, field notes, esti-
mates, and other data shall remain the property of the
OWNER, and shall be transmitted to the OWNER in
clean and orderly condition on demand; however,
these may be left in the possession of the ENGINEER
at the OWNER'S discretion.

E. The ENGINEER shall not sublet, assign or
transfer any part of the ENGINEER’s services or
obligations (except surveys and borings and other
special services) under this AGREEMENT without the
prior approval and written consent of the OWNER.

F, It is further agreed that the ENGINEER will
assist the OWNER or his authorized agent in providing
the DIVISION with clear documentation certifying
that the necessary easements, options or outright
purchases of land have been secured to provide for
location of treatment works and other associated
structures and equipment as shown on the contract
plans or described in the specifications. Similar
documentation will be submitted on approvals from
the State Department of Transportation and/or other
state agencies regarding location of treatment works
within rights-of-way and other lands under their
jurisdiction,

G, This AGREEMENT shall be governed exclusively
by the laws of the State of New Hampshire and any
litigation shall be brought in a court located in New
Hampshire.

02/08/06

ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

VI.

Insurance

A. ENGINEER shali carry and maintain in effect
during the performance of services under this contract:
Professional liability insurance in the amount of
$1,000,000; General liability insurance in the amount
of $1,000,600 per occurrence; $2,000,000 aggregate;
$1,000,000 Combined Single Limit Automobile
Liability; and Workers’ Compensation Coverage in
compliance with the State of NH Statutes,
$100,000/$500,000/$100,000. ENGINEER - shall
maintain in effect at all times during the performance
under this contract all specified insurance coverage
with insurers and forms of policy satisfactory to the
OWNER, acceptance of which shall not he
unreasonably withheld. None of the requirements as to
types, limits, and approval of insurance coverage to be
maintained by ENGINEER are intended to and shall
not in any manner limit or qualify the liabilities and
obligations assumed by ENGINEER under the
AGREEMENT. The OWNER shall not maintain any
insurance on behalf of ENGINEER. Any subcontractor
used is the agent of the ENGINEER and not the
OWNER. Subcontractor’s are subject to the same
insurance requirements as the ENGINEER.

B. ENGINEER will provide the OWNER with

-certificates of insurance for coverage as listed below

and endorsements affecting coverage required by the
contract within ten (10) calendar days after the
OWNER issues the Notice of Award. The certificates
and endorsements for each insurance policy are to be
signed by a person authorized by the insurer and who
is licensed by the State of New Hampshire. Certificates
must name the City of Nashua as an additional insured.

C ENGINEER is responsible for filing updated
certificates of Insurance with the City of Nashua’s Risk
Management Department during the life of the
contract. The OWNER requires thirty (30) days written
notice of cancellation or material change in coverage.

1. All deductibles and self-insured retentions shall
be fully disclosed in the certificates of insurance.

2. If aggregate limits of less than $2,000,000 are
imposed on bodily injury and property damage, the
ENGINEER must maintain umbrella liability
insurance of at least $1,000,000. All aggregates
must be fully disclosed on the required certificate of
insurance.

3. The specified insurance requirements do not
relieve ENGINEER of its responsibility or limit the
amount of its liability to the OWNER or other
persons, and ENGINEER is encouraged to purchase
such additional insurance, as it deems necessary.

2016 05 27 Pump Stations Upgrade Prelim Design Contract

VII.

Page | of 7

4. Engineer agrees to indemnify.and hold Owner, its
officials, officers, employees,, and assigns harmless
from and against all claims, damages, causes of
actions, and fines to the extent such claims,
damages, causes of action and fines are based on or
arise out of Engineer's or others employed by the
engineer negligent acts or negligent omissions.

5. Owner agrees to indemnify and hold Engineer, its
directors, shareholders, employees, or others
employed by the engineer and assigns harmless
from and against all claims, damages, causes of
actions, and fines to the extent such claims,
damages, causes of action and fines are based on or
arise out of Owners negligent acts or negligent
omissions.

6. Neither party shall be responsible or held liable to
the other for special, indirect, or consequential
damages, including, but not limited to, toss of profit,
loss of investment, loss of product, business
interruption, or liability for loss of use of facilities
or Owners existing property, however the same may
be caused.

D. ENGINEER shail not allow any officer or employee
of the OWNER to have any indirect or direct interest
in this contract or the proceeds of this contract.
ENGINEER warrants that no officer or employee of
the OWNER has any direct or indirect interest,
whether contractual, non-contractual, financial or
otherwise, in this contract or in the business of the
ENGINEER. 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.
ENGINEER further warrants that no person having
such an interest shall be employed in the performance
of this contract. If any such interest comes to the
attention of the ENGINEER at any time, a full and
complete disclosure of the interest shall be
immediately made in writing to the OWNER. If the
OWNER determines that a conflict exists and was not
disclosed to the OWNER, it may terminate the contract
at will or for cause.

Termination

A. The OWNER shall have the right at any time for
any reason whatsoever to interrupt or terminate any
part of or all of the work required of the ENGINEER
under this AGREEMENT, with a seven (7) day written
notice of such interruption or termination transmitted
ta the ENGINEER by the OWNER. In the event of
termination of any part of or all of this AGREEMENT,
without fault on the part of the ENGINEER, the

02/08/06

ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

ENGINEER shall be entitled to compensation for all
work performed to the satisfaction of the DIVISION
and the OWNER, and pursuant to this AGREEMENT.
In order that the ENGINEER shall receive payment
under termination notice of any part of the work, ali
plans, drawings, tracings, field notes, estimates,
specifications, proposals, sketches, diagrams, and
calculations, together with all other materials and data
collected or prepared in connection with the PROJECT
shall be transmitted to the OWNER in a form
acceptable to the OWNER and DIVISION.

IN WITNESS WHEREOF, the parties hereto have affixed
their hand and seals at

County, New Hampshire, the day, month, and year first above
written.

ENGINEER:

By:

Date:

(Authorized Representative*)

OWNER:

By:

Date:

(Authorized Representative*)

APPROVED: **

DEPARTMENT OF ENVIRONMENTAL SERVICES
Water Division

By:

Date:

{Authorized Representative)

Signatures should be supported by appropriate document.

it is agreed that as an act in furtherance of its statutory authority io
approve engingering agreements for treatment works, the DIVI-
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.

2016 05.27 Pump Stations Upgrade Prelim Design Contract

Page { of 7

02/08/06

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

Form Approved
DES 02/06

PART I - GENERAL

1. GRANTEE / LOANEE
City of Nashua, New Hampshire

2. GRANT/LOAN NO.

3. NAME OF CONTRACTOR OR SUBCONTRACTOR.
Woodard & Curran, Inc.

4. DATE OF PROPOSAL
Wednesday, Apri] 20, 2016

41 Butchins Drive
Portland, Maine 04102

§. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP}

6. TYPE OF SERVICE TO 8E FURNISHED
Engineering Study and Design

PART II - COST SUMMARY

HOURLY ESTIMATED
7. DIRECT LABOR (Specify labor categories) HOURS RATE COST a TOTALS
Principle in Charge / Client Manager 68 $67.73 $4,606 | Pace ed ae
Project Manager 64 $58.10 $3,718
Planner a4 $48.16 $4,046 | 3 1
Technical Manager 1% $51.48 $3912 foe 07. .
Lead Project Engineer 196 $48.16 $9,440
Project Engineer 172 $45.15 $7,766
Staff Engineer, Process 248 $33.11 $8,212 |
Project Engineer, Electrical 186 $41.84 $7,783 ,
Seniot Engineer, Structural 8 $58.10 $465
Staff Engineer, Structural 43 $36.72 $1,763
Senior Engineer, SCADA 114 $51.48 $5,968
Project Engineer, SCADA 68 $46.66 $3,173 |, ‘
Sr. Cost Estimator 152 $48.16 $7,321 |}. = :
Senior Gesigner 288 $39.13 $11,270 | ‘.
Designer 40 $31.61 $1,264
Staff Engineer, SCADA 196 $33.11 $6,490
Sr. Technical Advisor 40 $63.21 $2,529 ‘ a
Funding Specialist GQ $48.16 $0 = hes
Project Assistant 56 $21.67 $1,214 oi
DIRECT LABOR TOTAL: o ui he's $90,839
RATE X BASE = ESTIMATED Capri
8. INDIRECT COSTS (Specify indirect cost poots) Eos : tes.
2.02 $90,839 $183,495 | cy
INDIRECT COSTS TOTAL: $183,495
9. OTHER DIRECT COSTS oom
a. TRAVEL ESTIMATED
COST :
(TRANSPORTATION $10,636
(2)PER DIEM
TRAVEL COSTS TOTAL: $10,636
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) ESTIMATED
QTY COST oo
Fieid Supplies jump $8,250 $8,250 |-

City of Nashua (228730. 1¢)
2016.05.2 Pump Stations Upgrade Prelim Design Centract

EQUIPMENT SUBTCTAL: $8,250
c. SUBCONTRACTS ESTIMATED
COST “
Survey $109,280
Geotech for Northgate $33,000
Flowmetering “d
SUBCONTRACTS SUBTCTAL: $142,280
d. OTHER (Speci) categories) ESTIMATED
COST
Document Reproduction
Shipping
OTHER SUBTOTAL: |. °° * $0 .
t. OTHER DIRECT COSTS TOTAL: ef $161,166
10. TOTAL ESTIMATED COST $435,501
11. PROFIT (10% of Direct and Indirect Labor) $43,550
12. TOTAL PRICE $479,051

City of Nashua (228730.10)

2016.05.27 Pump Stations Upgrade Prelim Design Contract

PART III - PRICE SUMMARY

13. COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES
(Indicate basis for price comparison}

"MARKET
PRICE(S)

PROPOSED
PRICE

PART [V - DIRECT LABOR BY CATEGORY

14. INSERT THE APPROPRIATE WORK CATEGORY IN THE TABLE BELOW. WORK CATEGORIES WOULD INCLUDE BUT
NOT BE LIMITED TO THOSE CATEGORIES SHOWN IN THE CONTRACT DOCUMENTS SUCH AS DESIGN, SURVEY,
SUBSURFACE, CADASTRAL, 0&M MANUAL, ADMINISTRATION, INSPECTION, RECORD DWGS, START-UP, SPECIAL SER VICES, ETC.

Work category & | Ba Total

>» | 8 a in ol Hours Rate Cost

3 |O2| gee 2

2 a) mes!) sa

2 | #8) 888) es

3 | 2H/O5a) ge

fu = a 8 w A

oOo a QO 5
& es o<

Principle in Charge /
Client Manager 68 68 $67.73 $4,606
Project Manager 64 64 $58.10 $3,718
Planner 84 84 $48.16 $4,046
Technical Manager 76 76 $51.48 $3,912
Lead Project 196 196 | $48.16] — $9,440
Engineer
Project Engineer 172 172 $45.15 $7,766
Staff Engineer, 248 248 | $33.11] $8,212
Process
Project Engineer, 186 136 | $41.84] — $7,783
Electrical
Senior Engineer,
Structural p . Scene meee
Staff Engineer,
Structural 48 48 $36.72 $1,763
Senior Engineer,
SCADA 114 114 $51.48 $5,868
Project Engineer,
SCADA 68 68 $46.66 $3,173
Sr. Cost Estimator 152 152 $48.16 $7,321

City of Nashua (228730. 1t)
2016.05.27 Pump Stations Upgrade Prelim Design Contract

Senior Designer 288 288 $39.13 | $11,270
Designer 40 40 $31.61] $1,264
Staff Engineer, 196
OAD 196 $33.11 $6,490
Sr. Technical 40 40 $63.21 $2,529
Advisor
Funding Specialist ° 0 $48.16 $0
Project Assistant $8 56 $21.67 $1,214
Total Hours/Phase 2104 2104

2104
Total - Direct Labor
Cost $90,839

City of Nashua (228730.1¢}

2016.05.27 Pump Stations Upgrade Prelim Design Contract

$142,280

$19,786] £142,280

$00,530

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Silarchl Engine ing
Zlectriogl Design
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QO? | Funding Assktance

OOS |F attitting Invesi gation
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O13 |S thrantractnre

Nashua Wastewater Treatment Facility - Pump Stations Upgrade Project - Preliminary Design (DER)

Woodard & Curran

band Subsansuitant:

3 4
ui
City of Nashua (22873010)

2016.0§.2° Pump Stations Upgrade Prelim Design Contract

3470037)

ated Contract Prise

$2) THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

June 9, 2016
Memo #16-152

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF MOBILE LIFT COLUMNS (VALUE: $22,039)
DEPARTMENT: 161 STREETS; FUND: GENERAL
ACCOUNT CATEGORY: 71 EQUIPMENT

Please see attached communication from Jon Ibarra, Interim Street Department Superintendent dated
May 26, 2016 for the information related to this purchase.

Pursuant to NRO § 5-84 Special purchase procedures (A) (5) Purchases from a sole manufacturer,
where it is determined to be more efficient and economical to reduce costs of maintenance of additional
repair parts, supplies or services.

The Interim Street Department Superintendent, Board of Public Works (May 26, 2016) and the

Purchasing Department recommend the purchase of this equipment in the amount of $22,039 from Tool
and Equipment Connection, Inc. of North Attleborough, MA.

Respectfully,

Dan Kooken
Purchasing Manager

Ce: J Ibarra L Fauteux

229 Main Street « Nashua, New Hampshire 03061 » Phone (603} 589-3330 « Fax (403) 589-3344

:, eS te ee

FEMA PUBLIC ASSISTANCE

TECHNICAL ASSISTANCE CONTRACT | NATIONWIDE

The Federal Emergency Management Agency's (FEMA) Public Assistance Program provides aid in the wake of a major disaster to

state and local governments, and to certain non-profits, to help communities in their recovery efforts.As a subcontractor to the

Fluor Corporation, IParametrics has supported the FEMA Public Assistance program for the past I5 years, responding

to more than 60 presidentially-declared disasters throughout the United States and its territories.

CLIENT
The Federal Emergency
Management Agency

Sub to: Flour Corporation

REFERENCE

Eileen McLaughlin

FGG Management

2300 Clarendon Blvd.
Arlington, VA 22201

{703} 387-4826

Eileen. McLaughlin@Fluorcom

BUDGET
$50 million overall contract,
over five years

DURATION
2005 - Present

SITUATION
When disaster strikes anywhere in the United States or its territones, our team deploys within

48 hours to assist state and local jurisdictions affected by these devastating events. As part of this

effort, we have supported a broad range of tasks dealing with pre-disaster planning and post-

disaster recovery, Our applicants have included hundreds of states. cities, counties, townships, and

parishes throughout the United States.

TASK
Through the Public Assistance Program, ‘Parametrics supports federal disaster grant assistance

for debris removal, emergency protective measures, and the repair, replacement, or restoration

of disaster damaged property.

Our tasks include:

Performed damage assessments and
prepared Damage Descriptions and
Dimensions (DBDs)

Developed Scopes of Wark (SOW) for
repair or replacement

Calculated project cost estimates, including
costs for single-facility projects and fixed-
price estimates for multiple-facility projects
in accordance with Section 428 Public
Assistance Alternative Procedures

Reviewed /processed DDDs, SOWs, and
cost estimates in FEMA's Grants Manager

Assessed and prepared hazard mitigation
proposals for improvements to increase
facility resiliency against future events

Performed Audit and Review of the
grant for integrity, accuracy, and proper
documentation prior to a project being
submitted for public funding.

Ensured consistency and integrity in program
delivery/development of a quality project
and applicant compliance with requirements

Provided training on all functional
elements of the disaster

iS