ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works
I. Services to be Performed by the ENGINEER
A. Upon execution of this AGREEMENT, the EN-
GINEER agrees to proceed with all engineering,
surveying, drafting, calculations, borings, and other
work as required and necessary to develop and produce
final plans, specifications, and associated contract
documents involved in the construction of treatment
works for the Energy Recovery Generator Upgrade
Project. Scope of Work attached as Exhibit A and Fee
Schedule attached as Exhibit B 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, Specifications, and Contract Doc-
uments
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 con-
struction contracts for said construction;
the work shall also include the preparation
of estimates of the cost of construction
based on the contract documents. Prepare
applications with supporting and associat-
ed 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 comple-
tion of approved plans, specifications, and
contract documents.
c. The furnishing of ten-440} six (6)
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.
NWTF ENERGY RECOVERY GENERATOR UPGRADES
II.
Til.
Page 2 of 5
2. Site Acquisitions
a. Assistance to the OWNER including
preparation of documents for the acquisition
of lands, easements, and rights-of-way
essential to the construction of the PRO-
JECT.
The OWNER'S Responsibilities
A. — Assist the ENGINEER by placing at his disposal
all available information pertinent to the PROJECT, in-
cluding 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 DI-
VISION 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 _ 90 consecutive calendar day 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 HI, A, above may be con-
sidered sufficient basis for the debarment of the ENGI-
NEER from the DIVISION'S Roster of Prequalified
Engineers as provided for under New Hampshire Code
of Administrative Rules Env-Wq 603.08, or the Assess-
ment of liquidated damages as provided for under RSA
485-A: 4, XII.
02/08/06