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
