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ENGINEERING DESIGN PHASE
CONTRACT FOR PROFESSIONAL SERVICES
FOR
TREATMENT WORKS

CITY/TOWN OF NASHUA, NEW HAMPSHIRE

This AGREEMENT made and entered into at Hillsborough County, New Hampshire, this
day of 20 , by and between City/Town of NASHUA, NEW HAMPSHIRE
hereinafter called the OWNER, and _ WOODARD AND CURRAN hereinafter called the ENGINEER.

WITNESSETH:

WHEREAS, the OWNER intends to construct Treatment Works as described within the
Request for Qualifications titled “Pump Stations Upgrade Project (RFQ1090-052215)” and dated May
6, 2015 consisting of performing a field study of all (14) pump stations to development the upgrade option
for each of the stations including the potential for elimination, relocation and reconfiguration as well as
upgrading each station for integration into the OWNER’s Supervisory Control and Data Acquisition
(SCADA) system. A preliminary design including a Design Basis Report has previously been provided
based on the field study results. Final design and bid copies will be provided for the upgrade to each of
the fourteen pump stations generally known as the: Pump Stations Upgrade Project hereinafter called the
PROJECT, and

WHEREAS, professional sanitary engineering services will be required for the preparation of

plans and specifications and contract documents, and

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

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

02/08/06

ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

Services to be performed by the ENGINEER

A. Upon execution of this AGREEMENT, the
ENGINEER agrees to proceed with all engineering,
surveying, drafting, calculations, borings, and other
work as required and necessary to develop and pro-
duce final plans, specifications, and associated con-
tract documents involved in the construction of treat-
ment works for Pump Stations Upgrade Project.
Scope of Work attached as Exhibit A and
incorporated by reference as if fully set forth herein.

The ENGINEER further agrees that said services shall
include, but shall not necessarily be limited to:

1. Plans, and Contract

Documents

Specifications,

a. The preparation of detailed plans,
specifications, and contract documents in
accordance with the rules and regulations
of the New Hampshire Department of
Environmental Services, Water Division,
hereinafter called the DIVISION, ready
for the receipt of bids and the award of
construction contracts for said construc-
tion; the work shall also include the
preparation of estimates of the cost of
construction based on the contract
documents. Prepare applications with
supporting and associated documents for
Federal, State and other grant or loan
programs. Assists the OWNER in
securing grants or loans by State, Federal
and other agency.

b. The furnishing of all the necessary
subsurface investigations and field
surveys required for the preparation and
completion of approved plans, specifi-
cations, and contract documents.

c. The furnishing ofter—419) fifteen
(15) copies of the final plans,
specifications, and contract documents to
the OWNER; three (3) copies of which
are to be submitted to the DIVISION.
Additional copies to be available at cost
to the OWNER.

II.

Til.

A. Assistance in

Page 2 of 5

Bidding Phase

securing construction bids,
conduct one pre-bid meeting, respond to bidder
inquires, prepare addenda as needed, conduct
bid opening, tabulation and analysis of bids,
and recommendation regarding award of
contract. A copy of the bid analysis will be
furnished to the DIVISION, and EPA. (Where
applicable)

B. Completion of formal contract documents for

the award of contracts.

The OWNER'S Responsibilities

A. Assist the ENGINEER by placing at his dis-
posal all available information pertinent to the
PROJECT, including previous reports and other data
relative to the reports.

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

C. The OWNER also agrees to comply with
DIVISION and Federal requirements (where
applicable) and further agrees to acquire with the
assistance of the ENGINEER all the necessary
easements, options or outright purchases of land for
the locations of said treatment works as shown on the
contract plans. The provisions of this section shall be
satisfied prior to submission of documents referred to
in IH (A) below. It is also understood that no
approvals of reports or plans and specifications or
other associated documents will be made by the
DIVISION without fulfillment of this requirement.

Time of Completion

A. The ENGINEER agrees that he will submit to
the DIVISION for approval after modification or
revision as recommended by the DIVISION and
agreed to by the ENGINEER, the completed final
plans, specifications, contract, and associated
documents in compliance with the current issue of
the DIVISION's standards of design within 180
consecutive calendar days following the execution
of this AGREEMENT, and deliver same to the
OWNER within 30 calendar days following the date
of final approval by the DIVISION.

B. It is agreed by the parties to this contract that
failure by the ENGINEER to complete the work
within the time stipulated under III, A, above may
be considered sufficient basis for the debarment of

02/08/06

ENGINEERING DESIGN PHASE CONTRACT Page 3 of 5
For Professional Services for Treatment Works

the ENGINEER from the DIVISION'S Roster of engineering surveys, including layout and

Prequalified Engineers as provided for under New
Hampshire Code of Administrative Rules Env-Wq
603.08, or the Assessment of liquidated damages as
provided for under RSA 485-A: 4, XII.

Compensation to be Paid the ENGINEER
A. Method of Payments Amounts of Fees

1. Payment to the ENGINEER, for services
rendered, shall be according to the following
schedule:
Monthly billing based on hours and rates by
labor category with mark-up and incidental
expenses in accordance with the attached fee
schedule.
2. The OWNER agrees to pay and the
ENGINEER agrees to accept for all services under
this AGREEMENT, a fee not to exceed:

Four Hundred Sixty-One Thousand
Five Hundred and Sixty-Nine Dollars
($461,569)

3. If separate documents are required for
additional construction contracts on this
PROJECT, an additional fee as approved by the
DIVISION shall be paid to the ENGINEER.

4. Prior to formal approval of contract
documents by the DIVISION, the ENGINEER
shall make such revisions in them as
recommended by the DIVISION and agreed to by
the ENGINEER without additional compensation.
After formal approval, if it becomes necessary to
revise the contract documents for reasons beyond
the control of the ENGINEER, payment for such
revision or revisions shall be made to the
ENGINEER subject to approval by the
DIVISION.

B. Limits of All Payments

1. The ENGINEER hereby assures the
OWNER and agrees that the following fee
for his services (exclusive of surveys,
borings, and certain special services which
follow) in connection with the preparation of
final plans, specifications, and contract

logging of borings, probings or seismic
surveys, together with plats and project
related special services shall be at actual
cost. Actual cost shall include compensation
to the ENGINEER for his work performed
on these services. 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

Not Applicable

3. It is again agreed that payment to the
ENGINEER 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

Thirty Thousand Dollars
($30,000)

4. It is also agreed that payment to the
ENGINEER for services in relation to cadastral
surveys and other work associated with the
acquisition of lands, easements, and rights-of-way
essential to the construction of the PROJECT
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 provide adequate
sites, easements, and rights-of-way to permit the
unencumbered construction, operation, and
maintenance of the completed project without
interference in any way. The ENGINEER also
assures the OWNER that the moneys to be paid
under this item are adequate for the work pro-
posed and shall not exceed

Not Applicable

Additional Covenants

A. The ENGINEER agrees to provide in active
charge of this PROJECT for the life of the contract a
Project Engineer who is a permanent employee of the
ENGINEER and who a “qualified sanitary engineer”
Four Hundred Thirty-One Thousand is as defined under the DIVISION'S “Rules and
Five Hundred Sixty-Nine Dollars Regulations for the Prequalification of Consulting
($431.569) Engineers.” The Project Engineer shall be*

documents and other work as generally
described under I(A) is adequate to complete
the assignment and shall not exceed

2. It is also agreed that payment to the

ENGINEER for services in relation to Woodard & Curran, 41 Hutchins Drive, Portland, ME

02/08/06

ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

(name and address)

* 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 ENGINEER from the DIVISION'S
Roster of Prequalified Consulting Engineers as
provided for under New Hampshire Code of
Administrative Rules Env-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 compensa-
tion 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
under this AGREEMENT.

D. Ali 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 shail 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 provid-
ing 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

VI

Page 4 of 5

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.

OWNER’S Terms and Conditions

Exhibit B - City of Nashua Professional Services
General Terms and Conditions is hereby
incorporated by reference as if fully set forth herein.

02/08/06

ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works

IN WITNESS WHEREOF, the parties hereto have
affixed their hand and seals at Hillsborough County,
New Hampshire, the day, month, and year first above
written.

ENGINEER:

By:

(Authorized Representative*)
Date:

OWNER:

By:

(Authorized Representative*)
Date:

APPROVED: **
DEPARTMENT OF ENVIRONMENTAL SERVICES
Water Division

By:

(Authorized Representative)
Date:

* Signatures should be supported by appropriate document.

** It is agreed that as an act in furtherance of its statutory
authority to approve engineering agreements for treatment
works, the DIVISION's approval does not impose any
contractual obligation or liability on the State of New
Hampshire, the Department of Environmental Services or
the Division.

02/08/06

Page 5 of 5

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.
CS-330158-27

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

4. DATE OF PROPOSAL
Monday June 5, 2017

5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP)

41 Hutchins Drive Portland, Maine 04102

6. TYPE OF SERVICE TO BE FURNISHED

PART II - COST SUMMARY

HOURLY ESTIMATED
7. DIRECT LABOR (Specify labor categories) HOURS RATE COST TOTALS
Principle in Charge / Client Manager 10 $67.73 $677
Project Manager 170 $58.10 $9,877
Technical Manager 100 $51.48 $5,148
Senior Engineer 40 $58.10 $2,324
Project Engineer 800 $45.15 $36,120
Staff Engineer 500 $36.72 $18,360
Sr. Cost Estimator 40 $48.16 $1,926
Senior Designer 350 $39.13 $13,696
Designer 1060 $31.61 $33,507
Sr. Technical Advisor 60 $63.21 $3,793
Project Assistant 60 $21.67 $1,300
DIRECT LABOR TOTAL $126,728
ESTIMATED
8. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = COST
2.02 $168,290 $255,990
INDIRECT COSTS TOTAL: $255,990
9. OTHER DIRECT COSTS
a. TRAVEL ESTIMATED
COST
(1) TRANSPORTATION $2,355
(2) PER DIEM
TRAVEL COSTS TOTAL: $2,355
b. EQUIPMENT, MATERIALS, SUPPLIES ESTIMATED
(Specify categories) QTY COST COST
EQUIPMENT SUBTOTAL: $0
C. SUBCONTRACTS ESTIMATED
COST
Geotechnical Engineering $15,000
Soil Borings $15,000
Radio Propagation Study $1,725
SUBCONTRACTS SUBTOTAL: $31,725
d. OTHER (Specify categories) ESTIMATED
COST
Document Reproduction $6,000
Shipping $500
OTHER SUBTOTAL: $6,500
e. OTHER DIRECT COSTS TOTAL: $40,580
10. TOTAL ESTIMATED COST $423,297
11. PROFIT $38,272
12. TOTAL PRICE $461,569

**Profit not permitted by City of Nashua on all Other Direct Costs, including subcontractors,

A
~ A
WOODARD
& CURRAN

COMMITMENT & INTEGRITY

DRIVE RESULTS
ATTACHMENT NO. 1 EXHIBIT A
FINAL DESIGN
PUMP STATIONS UPGRADE PROJECT
NASHUA, NH
BACKGROUND

The City of Nashua has fourteen pump stations of different sizes, types and ages. Like many
other cities Nashua decided to review and upgrade all pump stations for reasons including but
not limited to: ensure proper and reliable operation to limit sanitary sewer overflows, address
failing force mains, meet current safety standards, improve ease of maintenance and
accessibility for staff at each station, and take advantage of new technology for the betterment
of the community. In many stations, the pumping and controls equipment is beyond its
expected life. After an RFQ process and interviews, Woodard & Curran was selected to
complete this project to review and upgrade the City’s pump stations.

PREVIOUSLY COMPLETED WORK

The investigation phase of the project was approved by the Board of Public Works in October
2015 and a multiday investigation took place with Woodard & Curran engineers and plant
management and staff in November 2015. The summary report for this investigation was
delivered to the City in January 2016 and presented to city management and wastewater
treatment plant staff on March 9, 2016.

The preliminary design phase of the project was approved by the Board of Public Works in July
2016 and a Design Basis Report (DBR) was delivered to the City and presented to city
management and wastewater treatment plant staff on January 19, 2017. The DBR presented
the City with recommended upgrade options and estimates of probable construction cost for
each station based on preliminary engineering analysis of layout, mechanics, hydraulics and
constructability. The city was able to use this information to make decisions on how to proceed
so Woodard & Curran could continue to the final design phase. The City provided Woodard &
Curran with a memorandum dated February 10, 2017 summarizing the City’s design decisions
relative to the recommendations inciuded in the DBR and outlining additional design requests.

Since the City’s February 10, 2017 memorandum, Woodard & Curran has completed additional
preliminary design tasks to evaluate several of the City’s design requests at the Northgate and
Spalding stations. A site visit was conducted on March 30, 2017 with city wastewater
treatment plant staff and structural and electrical engineers from Woodard & Curran. The
purpose of this site visit was to conduct a more extensive condition assessment of the
structural and electrical components of the pump station to verify that the City’s current
upgrade design objectives could be achieved relative to upgrading, as opposed to fully
replacing, the pump station. Site visits were also conducted on April 17, 2017 to Trestle Brook
and Saniere pump stations to perform structural observations and assessments of the wet
wells and dry wells at each station and for the building at Trestle Brook.

On April 13, 2017 a teleconference was conducted including city wastewater staff, the city's
hydraulic modeling consultant Hazen and Sawyer and Woodard & Curran to discuss modeling
results related to the preliminary design to eliminate the Spalding pump station.

specified densities

3.02 EXCAVATION:

A. GENERAL:

1.

2.

The Contractor shall perform all work of any nature and description required to
accomplish the work as shown on the Drawings and as specified.

Excavations, unless otherwise required by the Engineer, shall be carried only to
the depths and limits shown on the Drawings. If unauthorized excavation 1s
carried out below required sub-grade and/or beyond minimum lateral limits
shown on Drawings, it shall be backfilled with gravel borrow and compacted at
the Contractor's expense as specified below, except as otherwise indicated.
Excavations shall be kept in dry and good conditions at all times, and all voids
shall be filled to the satisfaction of the Engineer.

In all excavation areas, the Contractor shall strip the surface topsoil layer and
underlying subsoil layer separate from underlying soils. In paved areas, the
Contractor shall first cut pavement as specified in paragraph 3.02 B.1 of this
specification, strip pavement and pavement sub-base separately from
underlying soils. All excavated materials shall be stockpiled separately from
each other within the limits of work.

The Contractor shall follow a construction procedure, which permits visual
identification of stable natural ground. Where groundwater is encountered, the
size of the open excavation shall be limited to that which can be handled by the
Contractor's chosen method of dewatering and which will allow visual
observation of the bottom and backfill in the dry.

The Contractor shall excavate unsuitable materials to stable natural ground
where encountered at proposed excavation sub-grade, as directed by the
Engineer. Unsuitable material includes topsoil, loam, peat, other organic
materials, snow, ice, and trash. Unless specified elsewhere or otherwise
directed by the Engineer, areas where unsuitable materials have been excavated
to stable ground shall be backfilled with compacted special bedding materials
or crushed stone wrapped all around in non-woven filter fabric.

B. TRENCHES:

1.

Prior to excavation, trenches in pavement shall have the traveled way surface
cut in a straight line by a concrete saw or equivalent method, to the full depth
of pavement. Excavation shall only be between these cuts. Excavation support
shall be provided as required to avoid undermining of pavement. Cutting
operations shall not be done by ripping equipment.

Trenches shall be excavated to such depths as will permit the pipe to be laid at
the elevations, slopes, and depths of cover indicated on the Drawings. Trench
widths shall be as shown on the Drawings or as specified.

Where pipe is to be laid in bedding material, the trench may be excavated by
machinery to, or just below, the designated sub-grade provided that the

2022 Sewer Replacement Project Earthwork

Nashua, NH

02300-4

a

A
WOODARD
&: CURRAN

Between May 1st — 3" soil borings were completed by New England Boring Contractors within
the Nashua River as part of the Northgate force main replacement preliminary design.

PROPOSED FINAL DESIGN

The final design phase (as presented in the following scope) will be proceed to 100% final
design and bidding of upgrades to the pump stations according to Woodard & Curran's
recommendations included in the Design Basis Report (draft report issued January 2017;
revised report issued June 2017). The June 2017 version of the Design Basis Report has
incorporated the City’s design directives provided in their memorandum summarizing design
decisions (February 2017).

Woodard & Curran intends to use three (3) subconsulltants to provide services in support of
the final engineering design. These consultants include a geotechnical firm to evaluate the
results of geotechnical exploration and testing and to provide detailed engineering analyses
relative to the foundation design of new structures and relative to the design of horizontal
drilling for a new force main pipeline; a HVAC & plumbing consultant to design upgrades to
HVAC and plumbing systems (as required); and a specialty consultant to complete a radio
propagation study to assess radio communications for pump stations that cannot be directly
served by fiber optic communications.

Final design will include engineering drawings and specifications prepared in compliance with
NHDES Clean Water State Revolving Fund requirements. Final design documents will be
prepared according to a 60%, 90% and 100% (bid-ready) milestone schedule. The 60% and
90% submittal packages will be provided to the City for review and comment prior to preparing
the 100% design documents for bidding. Woodard & Curran will also provide standard internal
Technical Advisory Team (TAT) and Quality Assurance/Quality Control (QA/QC) reviews at
these milestones. Design review meetings will be held with city management and wastewater
treatment plant staff following document submissions to the City at the 60% and 90%
milestones to discuss the City’s review comments.

FINAL DESIGN - DETAILED SCOPE OF SERVICES

The final design project includes the following general components as described below in detail:

e Project Management

e Final Design Engineering & Bid Documents
* Permitting

e Cost Estimating

e Bidding Assistance

Project Management

This task occurs concurrently with the other tasks outlined in the Scope of Services and includes those
tasks necessary to inform the City of the project's needs; monitor and control the design process;
coordinate information and meetings; coordinate with subcontractors and in-house design staff, reach
timely decisions to meet the project schedule; reports to the City on the progress of the project and
status of schedule and budget; and technical oversight of project activities. Engineer will attend

City of Nashua (P228730.19) 2 Woodard & Curran

Attachment 1 June 5, 2017

&

A

>
WOODARD
S& CURRAN

regularly scheduled meetings with city staff as appropriate to discuss project progress and issues
related to design of the project.

Final Design Engineering & Bid Documents

Pump station and force main upgrades will be designed to the TR-16 industry standards capable of
accommodating the design flows from the contributing sewershed area. Woodard & Curran will work
with the City to specify pump station components interchangeable to current City standards.

Design documents will be prepared based on the technical recommendations included in the Design
Basis Report and will include construction drawings and specifications. Drawings will depict the work to
be done at a scale of 1” equals 40” horizontal and 1” equals 4’ vertical for pipeline plan and profile
sheets. Detail sheets, pump station site plan and specialized design plans shall be at scales as
determined by the Engineer. Specifications shall be based on the Engineers Joint Contract Documents
Committee (EJCDC) format. Engineer will provide drawings to the City for review at the 60% and 90%
design milestones in order to review progress and solicit input from City staff on the design.

Bidding documents will include final specifications and drawings and be delivered to the City and
NHDES, in two submittals: 90% Design Documents and Final Design Documents. Final bidding
documents will incorporate review comments on the 90% documents received from the City and
NHDES. Bidding documents will be developed in accordance with NHDES SRF requirements.

Permitting

Prepare and submit one (1) Wetland Utility Maintenance Notification (UMN) and one (1) Permit by
Notification (PBN) to NHDES relative to the proposed pump station upgrade and force main
replacement at the Northgate pump station, including necessary effort during the permitting and
approvals process to respond to questions and requests by NHDES.

Cost Estimating

Prepare Engineer's Estimates of Probable Construction Cost for deliverables at the 60%, 90% and
100% design milestones. Cost estimates will be based on industry construction estimating standards
and provided with a tabular summary.

Bidding Assistance

Following authorization to advertise by NHDES, Woodard & Curran staff will coordinate with the City for
publication of the bid advertisement; attend a pre-bid conference; review written questions from
coniraciors; issue addenda; attend the bid opening; prepare a bid tabulation; evaiuate the bids and
provide a recommendation to the City to award the construction contract. At the point of contract award
by the City, the Final Design Engineering scope of work will end and a future SRF Eligible Construction
Phase Services scope will begin.

City of Nashua (P228730.19) 3 Woodard & Curran
Attachment 1 June 5, 2017