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EDUCATION

MBA, Marshall University
BS, Engineering of Mines,
West Virginia University

CERTIFICATIONS

Professional Engineer-
West Virginia

Georgia Utility Manager
DHS Public Trust
Security Clearance
Active FEMA Badge

GARY VIOLA, PE

SENIOR ENGINEER

Gary Is a Professional Engineer with over 30 years of experience in project management, design,
contract management and disaster recovery. Since 2006 he has been working in FEMA disaster
recovery on numerous events throughout the US, and his disaster roles have included
Sanitary/Wastewater Engineer, Marine Debris Task Force Lead, Public Assistance Coordinator
(PAC), Project Specialist and State PAC. He is well versed in all aspects of federal, state and local
disaster recovery including the development of all categories of Project Worksheets, CEF
Estimates, Debris Removal, Hazard Mitigation, Alternate Procedures and FEMA policies and
regulations. Gary has experience with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards; cost recovery services; and complex program
management services.

EXPERIENCE

DR-4332, Hurricane Harvey, Texas, Served
as a Civil Engineer.

DR-4339, Hurricane Michael, Florida. Served
as a Sanitary/Wastewater Engineer.
DR-4085, Hurricane Sandy, New York
Served as the Marine Debris Task Force
Lead. Assisted the NJDEP to formulate bid
documents for waterway debris removal
and developed a team of specialists and
strategies to effectively and efficiently
provide overside to the NJ State Waterway
Debris Removal project within FEMA Policy
guidelines. Developed estimates for volumes
of vegetative debris, construction and
demolition debris, vessels, vehicles,
household waste, and sand for development
and formulation of project worksheets.
Developed all categories of Project
Worksheets and revisions.

DR-4301, Severe Winter Storms, Flooding,
& Mudslides, California, Program Manager.
Worked with 3 school distnicts, a mosquito
abatement district, and an irrigation district
while in this role.

DR-4337, Hurricane Irma, Florida.
Program Delivery Manager, serving as the
main point of contact for Applicants,
providing customer service and
programmatic guidance throughout the
grant process.

DR-4223, Severe Storms, Tomados,
Straight-Line Winds and Flooding, Texas.
Served as a project specialist. Worked
heavily with damage assessments to
county roads, bridges, and culverts in
addition to assisting applicants through
the PA process,

Louisiana Governor's Office of
Homeland Security and Emergency
Preparedness (GOHSEP). Developed
estimates and assisted with cost
reasonableness analysis and cost
estimating formats for large projects.
West Virginia Bureau for Public Health.
Served as a Program Manager and Staff
Engineer for the State Agency, which is
responsible for the Safe Drinking Water
Program and training water and
wastewater operators,

(ts)

respect to work listed by the City as incomplete, Protessionai Engineer shaii promptly complete

_the work and the final acceptance procedure shall be repeated. The date of final acceptance of a
project by the City shall be the date upon which the Board of Public Works or other designated
official accepts and approves the notice of completion.

24. 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 from any
liability on account of any and all such taxes, levies, duties, assessments, and deductions.

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

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

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

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

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

GC 12 of 13

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

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

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

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

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

32. | CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws of
the State of New Hampshire and any 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 13 of 13

EXHIBIT B
Scope of Services

Feasibility Study Phase

Consultant shall:

S-1.
S-2.

S-3.

S41.

S-8.
S-9.

S-10.

Obtain and review existing data (plans, reports, etc.) from the NHDHR and Client files.

Perform a site visit to observe existing conditions and obtain existing data (field
measurements, photography, etc.).

Coordinate subconsultant services for subsurface soil borings, topographic survey and
historic review services.

Prepare a Request for Project Review (RPR) Form and submit to the New Hampshire
Division of Historical Resources (NHDHR) and NHDOT Bureau of Environment, Cultural
Resources. Attend and present the project at one NHDOT Cultural Resource Committee
meeting at the NHDOT, Prepare meeting minutes and submit to the NHDOT.

Prepare a project “Purpose and Need” statement.

Present the project at a Local Concerns Meeting.

Prepare a draft Feasibility Study including a conceptual estimate of construction cost, for
submission to Client for review and approval.

Attend a project review meeting with Client staff in Nashua, NH.

Incorporate Client review comments into a revised Feasibility Study and submit to the
NHDOT for review.

Present the project at a regularly scheduled Aldermanic Infrastructure Committee
Meeting. This meeting will also serve as the LPA Alternatives Presentation meeting.

Preliminary Design Phase

Consultant shall:

P-1.

Attend one regularly scheduled meeting with the Nashua Conservation Commission to
discuss the proposed project.

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P-2.

P-3.

P-9.

Prepare and submit a Nashua Conservation Commission Wetlands Application for the
permit to construct the project.

Attend and present the project at one NHDOT Natural Resource Agency Coordination
meeting at the NHDOT. Prepare meeting minutes and submit to the NHDOT.

Prepare a special exception request for the wetlands ordinance to the Nashua ZBA and
attend a regularly scheduled meeting to discuss the request.

Prepare a NHDOT Traffic Control Committee (TCC) form.

Prepare a Categorical Exclusion document in accordance with the National Environmental
Policy Act (NEPA) and submit to the NHDOT.

Perform utility coordination with utilities affected by the project.

Prepare Preliminary Plans by incorporating Feasibility Study Design and comments
received, refine an Estimate of Probable Construction Costs and submit to the NHDOT and
Client for review and comment.

Attend a project review meeting with Client staff in Nashua, NH.

Final Design Phase

Consultant shall:

F-1.

Prepare Final Plans, Specifications and an Estimate of Probable Construction Costs and
submit to the NHDOT and Client for review and comment.

F-2. Develop a Quality Assurance Program for the project.

F-3. | Prepare Contract Documents (plans and specifications) for bidding purposes and submit
same to Client's Legal Department and Risk Management Department for review and
approval. Revise Contract Documents as necessary.

Bid Phase

Consultant shall:

B-1. Attend and conduct a pre-bid meeting at Client offices.

B-2. Issue addenda (if necessary} to interpret or clarify bidding documents.

B-3. Review bids, bid bonds and other bid documents submitted for compliance with bid
requirements. Prepare a bid summary and assist Client with evaluation of bids.

B-4. Prepare Notice of Award for Client signature and issuance to the Contractor.

B-5. Review contractor bonds and certificates of insurance for compliance with Contract
Documents.

B-6. Prepare and distribute Agreement between Client and Contractor,

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Assumptions

Consultant assumes:

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

Hoyle, Tanner will arrange for a soil boring firm to take the necessary borings at the site.
We intend to use Miller Engineering & Testing, Inc. from Manchester, NH for these
services. The cost for these services is included in our fees indicated in Exhibit C. The
attaching hereto of submissions of the consultant is for the purpose of establishing costs
of those services and shall under no circumstances bind Client to any other provisions of
such submissions. Furthermore under no circumstances shall the Client become liable to
pay, either directly or indirectly, any living expenses, long distance phone, cable,
telegraph, specialized or rental equipment charges, outside personnel charges, or mark-
ups for charges of outside consultants or personnel without prior written approval of
Client.

Hoyle, Tanner will arrange for a survey firm to perform a topographic survey and wetland
delineation. We intend to use Doucet Survey, Inc. from Newmarket, NH and TES
Environmental Consultants, LLC of Bow, NH for these services. The cost for these services
is included in our fees indicated in Exhibit C. . The attaching hereto of submissions of
the consultant is for the purpose of establishing costs of those services and shall under
no circumstances bind Client to any other provisions of such submissions. Furthermore
under no circumstances shall the Client become liable to pay, either directly or indirectly,
any living expenses, long distance phone, cable, telegraph, specialized or rental
equipment charges, outside personnel charges, or mark-ups for charges of outside
consultants or personnel without prior written approval of Client.

Hoyle, Tanner will arrange for a historical resources firm to perform necessary research.
We intend to use Historical Documentation, Inc. from Portsmouth, RI for these services.
The cost for these services fs included in our fees indicated in Exhibit C. . The attaching
hereto of submissions of the consultant is for the purpose of establishing costs of those
services and shall under no cGrcumstances bind Client to any other provisions of such
submissions. Furthermore under no circumstances shall the Client become liable to pay,
either directly or indirectly, any living expenses, long distance phone, cable, telegraph,
specialized or rental equipment charges, outside personnel charges, or mark-ups for
charges of outside consultants or personnel without prior written approval of Client.

At this time, the services of an archaeological resources subconsultant are not included in
this proposal. Depending upon the outcome and the requirements of our initial NHDOT
Cultural Resources Meeting (S-4), a fee amendment may be submitted to engage these
subconsultants and for attendance at further meetings.

During the duration of the services performed under this Agreement, direct salaries may

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be adjusted as part of Hoyle, Tanner's company-wide salaries for cost of living and merit
increases and shall not be limited to employees working on this project.

e Billing for cost-plus-fixed fee type projects will be in accordance with the roster of
employees and direct labor rates on file with NHDOT at the date of the Agreement and as
amended during the duration of the Agreement (see assumption above). Direct salary
rates will be capped at the NHDOT maximum of $60.00 per hour.

e A kayak launch at the proposed pedestrian bridge site will be investigated as part of the
Feasibility Study. At the time of the preparation of this proposal, it has not been
determined if the launch will be incorporated into the project, therefore our proposal does
not include final design of this future project.

e Amaximum of two trail alignments will be presented in the Feasibility Study. An alignment
altemative approximately 450 feet in length will be evaluated on either side of Everett
Street.

e Bridge types to be studied and presented in the Feasibility Study are assumed to be limited
to:

o Prefabricated Steel Truss
o Steel Stringer / Concrete Deck
o Glulam Stringer / Glulam Deck

e CADD drawings to be included in the Feasibility Study indude a Trail Plan, a Typical Section
of each bridge alternative, and a General Plan and Elevation (Bridge) of the preferred
alternative, Trail plans will be developed at 1” = 20’.

e A hydrologic / hydraulic analysis of the proposed bridge will not be required..
e The design will be based upon our approved Feasibility Study for the project.

e Rectangular Rapid Flash Beacons (RRFB) (2 total) will be designed for the proposed
crossing of Ledge Street. These designs will include lighting design in accordance with
the “Informational Report on Lighting Design for Midblock Crosswalks”, publication
number FHWA-HRT-08-053, dated April 2008. As part of this design, a photometric plan
will be prepared and submitted as part of each project submission. No other lighting
design will be required for the project.

e No additional historic or archaeological studies or investigations will be required by the
NHDOT Cultural Resources Committee.

e The project will be classified as a “Non-Significant” project by the NHDOT Traffic Control
Committee (TCC) and no further meetings or paperwork will be required by the TCC.

e The preferred alternative for the pedestrian bridge is unknown as of the preparation of
this contract. For purposes of establishing effort for this contract we have assumed that
the new pedestrian bridge will be a single span, steel stringer bridge with concrete deck
on concrete spread footings with helical pile supports. The proposed trail connection
between the Heritage Rail Trail and the proposed pedestrian bridge is anticipated to be
approximately 450 feet in length, including an ADA compliant ramp at the rail trail and the

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midblock crossing of Ledge Street. The trail is expected to consist of an 8 foot wide pave
path constructed at grade with Everett Street to limit the need for new closed drainage
infrastructure.

e The contract plans will consist of approximately 26 sheets and will include the following:

Abutment A Plan and Elevation

o Title Sheet o
o NHDOT Standard Symbol Sheet (Masonry)
(1 of 2) o Abutment A Plan and Elevation
o NHDOT Standard Symbol Sheet (Reinforcing)*
(2 of 2) co Abutment B Plan and Elevation
o Project Notes (1 of 2) (Masonry)
o Project Notes (2 of 2)* o Abutment B Plan and Elevation
o Summary of Quantities* (Reinforcing)*
o Boring Location Plan o Bridge Section and Details
o Boring Logs (1 of 2) o Bridge Framing Plan
o Boring Logs (2 of 2) o Bridge Details (1 of 2)*
o Existing Conditions Plan o Bridge Details (2 of 2)*
o Typical Trail Sections co Trail Cross Sections (1 of 2)
o Typical Trail Details (1 of 2) o Trail Cross Sections (2 of 2)
o Typical Trail Details (2 of 2) eo Photometric Plan
o Trail Plan and Profile
o Bridge General Plan and

Elevation

Plans marked with an asterisk (*) will be included in the final submission and are not
required for Preliminary Plans.

e Client and NHDOT will be provided with paper copies of all submittals (four copies to Client
and two copies to the NHDOT).

e Construction phase services, such as shop drawing review and periodic site observations
or resident engineering services, are not included in this Proposal. We intend to submit a
Proposal for these services after the design phase services are completed if so requested.

¢ No additional right-of-way or land takings will be required for this project and no right-of-
way drawings will need to be prepared by Hoyle, Tanner.

e Hoyle, Tanner will not be required to coordinate, administer, document or apply for any
Public Interest Findings (PIF’s) on behalf of the Client. If any PIF’s are required, and
amendment to this Agreement may be required.

e A Shoreland Water Quality Protection Act Permit by Notification is the only state or federal
permit required for this project. An NHDES Standard Dredge and Fill Permit, Alteration of
Terrain (AOT), Site Specific Permit or EPA Phase II Stormwater Discharge Permits are not
required for this project.

e Roadway Drainage design shall consist of ditch or curb line flow and closed stormwater
system with catch basin and outfall pipes to the canal, mimicking the existing condition.
As the amount of project disturbance is not expected to exceed 100,000 square feet, the
project will not require applying for a Site Specific Alteration of Terrain (AoT) permit and

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will instead be covered by the AoT General Permit by Rule in accordance with RSA 485-
A:17. The current fee does not include costs for services relating to Preparation or
submittal of a Site Specific AoT permit. As such, a pre and post condition hydrology
analysis will not be performed. Structural Best Management Practice (BMP) design
services are also not anticipated to be required.

e A Conditional Letter of Map Revision (CLOMR) is not required. A Letter of Map Revision
(LOMR) may be required upon the completion of construction, and is not included in this
proposal.

e Bidding Requirements, Contract Documents and Technical Specifications developed for
the project will be based upon Hoyle, Tanner's standard which is based upon the EJCDC
2013 model documents together with modifications requested during the process
described in F-3 above,

e Should new or revised environmental permitting requirements be enacted subsequent to
the execution of this Agreement, the fee may be renegotiated..

« The proposal assumes a maximum of 2 minor addendums will be issued.

e Contract Documents will consist of a bound book entitled “Bidding Requirements Contract
Documents and Technical Specifications” and full-size (22” x 34") plans.

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

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

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

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

On and off site concrete testing.

Structural steel shop inspection and weld testing.

oo 0 0

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CLIENT RESPONSIBILITIES

e The City of Nashua will perform a database search of the New Hampshire Department of
Environmental Services (NHDES) OneStop Data Geographic Information for presence of
known hazardous waste sites in the vicinity of the project.

* Prepare a project summary letter which can be mailed to abutters and other interested
parties prior to the project Local Concerns Meeting.

« Prepare the “Advertisement for Bids” and advertise the project for construction.

« Distribute sets of contract documents to the NHDOT, Client, prospective bidders and
construction reporting agencies; and maintain records of prospective bidders and bid
documents issued.

e Prepare Notice of Award and issue to the Contractor.

e Prepare and distribute Agreement between Client and Contractor.

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