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Finance Committee - Agenda - 7/5/2017 - P54

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
54
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

\ THE CITY OF NASHUA “The Gate City’

Financtal Services

Purchasing Department

June 29, 2017
Memo #18-004

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PUMP STATION UPGRADES DESIGN SERVICES — FINAL DESIGN (VALUE:
$461 ,569)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Noelle Osborne, Wastewater Department Operations
Supervisor, dated June 22, 2017 for the information related to this purchase.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The Wastewater Department Operations Supervisor, Board of Public Works (6/22/2017 BPW meeting)

and the Purchasing Department recommend the award of this contract in the amount of $461,569 to
Woodard & Curran of Portland, ME.

Pe

/. ny

ey =; iY
“A Hi ME
_ ban Kooken
Purchasing Manager

Ce: N Osborne L Fauteux

229 Main Street » Nashua, New Hampshire 03061 e Phone (603) 589-3330 Fax (603) 589-3233

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Finance Committee - Agenda - 7/5/2017 - P54

Finance Committee - Agenda - 7/5/2017 - P55

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
55
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

To:

From:

Re:

I. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 22, 2017

Noelle Osborne, Plant Operations Supervisor
Wastewater Department

Pump Station Upgrades Design Services — Final Design

To approve the contract award for final design phase of the Pump Station
Upgrades to Woodard & Curran of Portland, ME in amount not to exceed
$461,569. Funding will be through: Department: 169 - Wastewater; Fund:
Wastewater; Activity: Pump Station Upgrades.

Pump Station Upgrades ~ Final Design Phase-Scope of Work and Fee

There are fourteen (14) City owned pump stations throughout Nashua. These
pump stations are all the original installations which range from 30-55 years
old. Complete upgrades of all pump station are needed, which includes new
communications to the Wastewater Treatment Facility’s SCADA program.

Woodard & Curran was hired initially to perform a preliminary evaluation and
provide recommendations of the upgrades needed at all 14 locations.
Following the preliminary phase work they completed a 30% design of this
project. This work included most of the survey and geotechnical work needed
to move into final design.

Woodard and Curran will next complete the final design, prepare construction
bidding documents and assist with the construction bidding phase. We
recommend continuing this work with W&C since they have performed the
previous work competently and within budget. Their costs for the final design
was negotiated and is now reasonable for the scope of work involved. This
project is eligible for a 20% State Aid Grant from the New Hampshire
Department of Environmental Services.

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Finance Committee - Agenda - 7/5/2017 - P55

Finance Committee - Agenda - 7/5/2017 - P56

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
56
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

COMMITMENT & INTEGRITY = 41 Huichins Drive T 800.426.4262

DRIVE RESULTS Portland, Maine 04762 T 207 7742112
www, woodardcurran.com F207 774.8635
FINAL DESIGN
4 PUMP STATIONS UPGRADE PROJECT
Sy NASHUA, NH
yn
ae BACKGROUND

barrie 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 included 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 Santere 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.

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Finance Committee - Agenda - 7/5/2017 - P56

Finance Committee - Agenda - 7/5/2017 - P57

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
57
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

A
WOODARD
S& 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
e 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

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Finance Committee - Agenda - 7/5/2017 - P57

Finance Committee - Agenda - 7/5/2017 - P58

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
58
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

WOODARD
& CURRAN

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

Final Desiqn 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
contractors; 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

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Finance Committee - Agenda - 7/5/2017 - P58

Finance Committee - Agenda - 7/5/2017 - P59

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
59
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

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

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Finance Committee - Agenda - 7/5/2017 - P59

Finance Committee - Agenda - 4/6/2022 - P305

By dnadmin on Sun, 11/06/2022 - 21:44
Document Date
Fri, 04/01/2022 - 08:56
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/06/2022 - 00:00
Page Number
305
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__040620…

« Distance and direction of recording station from the area of detonation

= Date and exact time of reading

" Type of ground at recording station

= Peak particle velocity for all components as well as resultant for all
frequencies of vibrations

" Duration of motion with a velocity in excess of one thousandth of an inch
per second. A copy of the photographic record of seismograph readings
Peak air blast level.

3.04 BLASTING RECORDS:

The Contractor shall prepare and submit to the Engineer daily blast reports, including
logs of each blast. Reports shall be submitted to the Engineer no later than the start of
the next day's work. However, during each day of blasting, the Contractor shall review
and shall provide access for the Engineer to review the data from that day's blasting.
Reports after each blast shall include at least the following information for each blast:

Date, time, and location of
blast

Permit number and expiration
date

Amount and type of explosives used by weight and number of
cartridges

Total number of delays used and number of holes used for each
delay

On a diagram of the blast pattern, indicate total number and depth of holes,
maximum charge per delay, maximum charge per hole, and corresponding delay
number

An evaluation of the blast indicating areas of significant over-break, unusual
results, and any recommended adjustments for the next blast.

3.05 POST BLASTING INSPECTIONS:

The Contractor shall examine any properties, structures, and conditions where
complaints of damage have been received or damage claims have been filed. Advance
notice shall be given to all interested parties so that the parties may be present during
the final examination. Records of the final examination shall be signed and distributed
to the owner of the property, the head of the local fire department, and the Engineer.

END OF

2020 Sewer Replacement Project Rock Structure Excavation and Disposal
Nashua, NH 02324-4

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Finance Committee - Agenda - 4/6/2022 - P305

Finance Committee - Agenda - 7/5/2017 - P60

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
60
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

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.

Cc. The furnishing of+en419) 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.

I.

TI.

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 III (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 II, A, above may
be considered sufficient basis for the debarment of

02/08/06

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Finance Committee - Agenda - 7/5/2017 - P60

Finance Committee - Agenda - 7/5/2017 - P61

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
61
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

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 logging of borings, probings or seismic
Hampshire Code of Administrative Rules Env-Wq surveys, together with plats and project

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

Four Hundred Thirty-One Thousand
Five Hundred Sixty-Nine Dollars
($431,569)
2. It is also agreed that payment to the
ENGINEER for services in relation to

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”
is as defined under the DIVISION'S “Rules and
Regulations for the Prequalification of Consulting
Engineers.” The Project Engineer shall be*

Woodard & Curran, 41 Hutchins Drive, Portland, ME

02/08/06

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Finance Committee - Agenda - 7/5/2017 - P61

Finance Committee - Agenda - 7/5/2017 - P62

By dnadmin on Mon, 11/07/2022 - 10:22
Document Date
Wed, 07/05/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/05/2017 - 00:00
Page Number
62
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070520…

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. 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 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

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Finance Committee - Agenda - 7/5/2017 - P62

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