Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 29

Meeting Date

2026-03-25

Attachment Kind Label

Agenda item PDF

Attachment Relation

cross_meeting_reference

Agenda Numbers

29

Agency Names

Office Of Professional Licensure And Certification

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-25

J^N30'23pri RGUD

He^H, hA^pskir0 the STA TE OE new HAMPSHIREDEPAR TMENT OF TRANSPOR TA TION

DC TDepartment of Trantporiation

'illiam Cass, PA

Commissioner

MM7'n' ^ n 17 Z'\- David Rodrigue, P.E.Will,am Cass, P.E. Commissioner

Andre Briere

Deputy Commissioner

His Excellency, Governor Christopher T. Sununu Bureau of Highway Design

and the Honorable Council December 28, 2022

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the Department of Transportation to enter into an Agreement with CHA Consulting, Inc.,

Keene, NH, Vendor #221991, for an amount not to exceed $ 1,655,470.43, for improvements to NH Route

101 in the City of Keene, NH (Project: 41590), effective upon Governor and Council approval through

February 28, 2026. 100% Federal Funds.

Funds to support this request are available in the following account in State FY 2023, and funding is

contingent upon the availability and continued appropriation of funds in FY 2024, FY 2025, and FY 2026,

with the ability to adjust encumbrances between State Fiscal Years through the Budget Office if needed

and justified:

04-096-96-963515-3054 FY 2023 FY 2024 FY 2025 FY 2026

Consolidated Federal Aid

046-500464 Gen Consultants Non-Benefit $200,000 $600,000 $600,000 $255,470.43

EXPLANATION

The Department requires preliminary design, survey, public involvement, and associated environmental

and cultural services for rehabilitation and intersection improvements along Route 101 in Keene. The

intent is to widen the roadway to provide improved mobility for bikes and pedestrians, and to construct a

structurally sufficient roadway base. The project will also include a detailed look at the Swanzey Factory

Road intersection and may include reconstruction/replacement of the existing bridge over the Branch

River. This project will require both Part "B" (Preliminary Design) and Part "C" (Final Design) services.

This agreement is for Part "B" only. Upon completion of Part "B" services, and assuming a successful

Public Hearing (if required), the Department reserves the right to either negotiate a scope and fee for Part

"C" or terminate the contract. This project is included in the State's Ten-Year Transportation

Improvement Plan (Keene, 41590).

The consultant selection process employed by the Department for this qualifications-based contract is in

accordance with RSAs 21-1:22, 21-I:22-c, 21-I:22-d, 228:4 and 228:5-a, and all applicable Federal laws

and the Department's "Policies and Procedures for Consultant Contract Procurement, Management, and

Administration" dated August 25, 2017. The Department's Consultant Selection Committee is a standing

committee that meets regularly to administer the process and make determinations. The Committee is

comprised of the Assistant Director of Project Development (Chair), the Chief Project Manager, the

Administrators of the Bureaus of Highway Design, Bridge Design, Environment, and Materials and

JOHN O. MORTON BUILDING • 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483

TELEPHONE; (603) 271-3734 • FAX: (603) 271-3914 • TDD: RELAY NH 1-800-735-2964 •WWW.NHDOT.COM

Research, and the Municipal Highways Engineer.

The consultant selection process for this qualifications-based contract was initiated by a solicitation for

consultant services for Keene, 41590. The assignment was listed as a "Project Soliciting for Interest" on the

Department's website on September 24, 2021, asking for letters of interest from qualified firms. From the'

list of firms that submitted letters of interest, the Committee prepared a long and then short list of

Consultants on November 17,2021, for consideration and approval by the Assistant Commissioner. Upon

receipt of that approval, three (3) shortlisted firms were notified on November 23, 2021, through a technical

"Request for Proposal" (RFP). Committee members individually rated the firms on January 27, 2022, using

a written ballot to score each firm on the basis of comprehension of the assignment, clarity of the proposal,

capacity to perform in a timely manner, quality and experience of the project manager and the team,

previous performance, and overall suitability for the assignment. (A compilation of the completed

individual rating ballots and the ranking,summary form is attached.) The individual rankings were then

totaled to provide an overall ranking of the three firms, and the Committee's ranking was submitted to the

Assistant Commissioner for consideration and approval. Upon receipt of that approval, the short-listed

firms were notified of the results and the highest-ranking firm was asked to submit a fee proposal for

negotiations.

The long list of thirteen (13) consultant firms that were considered for this assignment, with the three (3)

short-listed firms shown in bold, is as follows:

Consultant Firm Office Location

AECOM Technical Services, Inc. Manchester, NH

BETA Group Inc Manchester, NH

COM Smith Inc. \ Manchester, NH

CHA Consulting, Inc. Keene, NH

GM2 Inc. ' Concord, NH

Greenman-Pedersen, Inc. Bedford, NH

HDR Engineering, Inc. Manchester, NH

HNTB Corporation Concord, NH

Hoyle Tanner & Associates, Inc. Manchester, NH

Jacobs Engineering Group, Inc. Bedford, NH

McFarland Johnson, Inc. Concord, NH

Weston & Sampson Engineers, Inc. Manchester, NH

WSP USA, Jnc, Merrimack, NH

The firm of CHA Consulting, Inc. was recommended for this contract. This firm has an excellent

reputation and has demonstrated their capability to perform the required services. Background

information on this firm is attached.

CHA Consulting, Inc. has agreed to fiimish the professional engineering services for an amount not to

exceed $1,655,470.43. This is a reasonable fee and is commensurate with the complexity of the project

and the scope of the engineering and technical services to be furnished.

This Agreement has been approved by the Attorney General as to form and execution. The Department

has verified that the necessary funds are available. Copies of the fully-executed Agreement are on file at

the Secretaiy of State's Office and the Department of Administrative Services, and subsequent to.

Governor and Council approval will be on file at the Department of Transportation.

This project funding is 80% Federal Funds with 20% State match. Turnpike toll credit is being utilized for

New Hampshire's match requirement, effectively using 100% Federal Funds.

It is respectfully requested that authority be given to enter into an Agreement for consulting services as

outlined above.

Sincerely,

William J. Cass

Attachments Commissioner

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Crai^irebeDston of the Assignmeoi yj** J9». IS*. IS*.

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Keene

X-A004(686)

41590

PART B - PRELIMINARY DESIGN

TABLE OF CONTENTS

Contents

ATACHMENTS •; ^

PREAMBLE: ') •

ARTICLE I - DESCRIPTION OF PROFESSIONAL SERVICES TO BE RENDERED 2

A. LOCATION AND DESCRIPTION OF PROJECT 2

8. GENERAL SCOPE OF WORK - ^

C. SCOPE OF WORK (PRELIMINARY DESIGN) 3

D. PRELIMINARY ENGINEERING 4

a. Data Collection - See Supplemental Scope of Work, Attachment B 5

b. Bridge Inspection - See Supplemental Scope of Work, Attachment B 5

c. Topographic Survey mapping 5

d. Existing Right-of-Way Plan Development 5

e. Traffic Data Collection and Analysis 2

f. Crash Data Collection &'Analysis 2

g. Alternative Development & Evaluation 2

h. Cost Estimates: ^

i. Design Report 9

j. Project Team Meetings 9

E. ENVIRONMENT '0

a. Water-Based Resources: 10

b. Stormwater Treatment Requirements 10

c. Land-Based Resources: 10

d. Wildlife: 10

e. Cultural Resources (Historic and archaeological): 10

f. Visual 1

g. Social and Economic Resources: 1

h. Invasive Species 1

i. Contamination 1

j. Limited Reuse Soils 1

k. Construction Impacts 1

0. Description of Proposed Action 1

p. Environmental Impacts of the Proposed Action 1

F. PUBLIC PARTICIPATION 1

G. GEOTECKNICAL 1

H. UTILITIES 12

I. MATERIAL FURNISHED BY THE DEPARTMENT OF TRANSPORTATION 12

J. WORK SCHEDULE AND PROGRESS REPORTS 13

K. SUBMISSION OF REPORTS. PLANS AND DOCUMENTS 13

L. DELIVERABLES 14

M. DATE OF COMPLETION 15

ARTICLE II - COST PLUS FIXED FEE CONPENSATION OF CONSULTANT 16

A. GENERAL FEE 16

Keene

X-A004(686)

41590

PRELIMINARY DESIGN

AGREEMENT

FOR FROFESSIONAL SERVICES

PREAMBLE

THIS AGREEMENT made this jS^day of in the year 2022 by and

between the STATE OF NEW HAMPSHIRE, hereinafter referred to as the STATE, acting by and

through its COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION, hereinafter referred

to as the COMMISSIONER, acting under. Chapter 228 of the Revised Statutes Annotated, and CHA

Consulting, Inc., with principal place of business at 575 Broadway, in the City of Albany, State of New

York, and New Hampshire local office at 11 King Court in the City of Keene, State of New Hampshire,

hereinafter referred to as the CONSULTANT, witnesses that:I

The Department of Transportation, State of New Hampshire, hereinafter referred to as the

DEPARTMENT, proposes to improve NH Route 10i in the City of Keene. The project begins on NH

101 0.4 miles east of Optical Avenue and proceeds east approximately 5,000 feet to the intersection of

Branch Road.

The DEPARTMENT requires professional engineering, surveying and environmental consulting

services to select an appropriate proposed action that is supported by the community, technically

feasible, environmentally permittablc, and economical; develop an approved Environmental

Document; and bring the proposed action to a public hearing for layout approval.

The CONSULTANTS Fee Proposal dated October 14, 2022, is hereby adopted by reference and

considered to be part of this AGREEMENT.

This AGREEMENT becomes effective upon approval by the Governor and Council.

ARTICLE I.

ARTICLE I - DESCRIPTION OF PROFESSIONAL SERVICES TO BE RENDERED*

NOW THEREFORE, in consideration of the undertakings of the parties hereinafter set forth, the

DEPARTMENT hereby engages the CONSULTANT, who agrees' to render services to the

DEPARTMENT which shall include, but not be restricted to, the following items, in accordance with

conditions and terms hereinafter set forth:

A. LOCATION AND DESCRIPTION OF PROJECT

This project involves the study of improvements to NH 101 in the City of Keene. The project

begins on NH 101 0.4 miles east of Optical Avenue and proceeds east approximately 5,000 feet to the

intersection of Branch Road. In addition to improvements to the roadway geometries and structural

box, the project will also address the intersection of NH 101 and Swanzey Factory Road and rehabilitate

or replace the bridge carrying NH 101 over the Branch River (referred in NHDOT's Bridge inventory

as Otter Brook) (Br. No. 166/050). Some key considerations to be aware of include the following:

• Proximity of roadway to the Branch River, Minnewawa Brook and Otter Brook.

• The presence of a 20' wide concrete roadway constructed in 1933 under the existing pavement.

• Substandard intersection sight distance at Swanzey Factory Road.

• NH lOlover the Branch River, a concrete rigid frame, is currently on the Red List.

• Cheshire Rail Trail crossing within the project limits

The objective of the project is to reconstruct or rehabilitate NH 101, improve the intersection with

Swanzey Factory Road, and provide shoulders to improve safety for motorists, bicycles and pedestrians.

B. GENERAL SCOPE OF WORK

The development of the engineering for this project is expected to be performed in two phases

(Preliminary Design and Final Design).

The goals of the Preliminary Design engineering efforts of this project are to select an appropriate

proposed action that is supported by the community, technically feasible, environmentally pennittable.

and economical; develop an approved Environmental Document; and bring the proposed action to a

public hearing for layout approval. The development of improvement alternatives will include public

participation involving public and private stakeholders and the general public in the decision-making

process to aid in the determination of the proposed action, and the development of an approved NEPA

document. Final Design will encompass the engineering and permitting efforts needed to advance the

design from NEPA approval to project advertising, including final design plans, specifications and

estimates for the project. This scope of services is for the first phase (Preliminary Design) only; Final

Design is not included in this scope of work.

ARTICLE I

Assuming a successful Public Hearing, and upon completion of Preliminary Design, the

DEPARTMENT reserves the right to either negotiate a scope and fee for Final Design or terminate the

contract.

The following general tasks are included in Preliminary Design:

1.) Develop and evaluate roadway and intersection alternatives;

2.) Preliminary design of roadway and other necessary design elements;

3.) Evaluate the existing bridge structure;

4.) Develop bridge alternatives for each of the Branch River crossings (existing and proposed);

5.) Develop preliminary Traffic Control Plan that is aeecptable and economical for travelers;

6.) Consider construction phasing, constructability and construction access;

7.) Complete a Design Report and Type, Size and Location Study summarizing concepts and

recommendations;

8.) Identify all impacted natural and cultural resources potentially affected by the proposed action,

and investigate means of minimizing or mitigating the impacts;

9.) Prepare an environmental document anticipated to be a Categorical Exclusion (CE), with the

potential for a Section 4(f) evaluation, for the proposed action to comply with the National

Environmental Policy Act (NEPA) (including Cultural Resource investigations in accordance

with Section 106 of the National Historic Preservation Act) and the identification of any

pemiitting requirements;

10.)Assist the Department with public involvement support services, including preparation of

illustrative plans and exhibits for any meetings, including a Hearing plan;I

11.)Ideniify and document the existing right-of-way.

C. SCOPE OF WORK (PRELIMINARY DESIGN)

The CONSULTANT shall be responsible for developing engineered plans through an iterative

process of design and review involving the DEPARTMENT, STATE, and Federal environmental

resource agencies, regional planning commissions, the local community, and the public.

The CONSULTANT shall be responsible for the preparation of complete preliminary designs,

including all plans, specifications for work not included in the current specifications of the

DEPARTMENT, computations, estimates, and documents for required submissions to the

DEPARTMENT, the Federal Highway Administration, and/or any other STATE or Federal

agency, that may be required.

The engineering design shall take into consideration all factors affecting the cost of the

construction, such as site-specific foundation considerations; earthwork quantities; erosion and

ARTICLE I

sedimentation control; traffic control; waler-quality-treatment issues; construction phasing and

complexity; utilities affected; right-of-way needs; environmental issues and commitments; cost;

construction materials; etc.

The CONSULTANT shall, when requested by the DEPARTMENT, render such assistance as

required, including the preparation and explanation of sketches and plans for, or at, any meetings

or conferences held by the DEPARTMENT in conformance with the attached Supplemental Scope

of Services, Attachment B. Meeting notes and conference memos shall be the responsibility of the

CONSULTANT.

Designs shall conform to the current standards, specifications, policies and guidelines enumerated

in the Federal Aid Policy Guide, Subchapter G, Part 625, or to 23 Code of Federal Regulations,

Part 625 and the DEPARTMENT'S Design Manuals, and most current Standard Plans for Road

Construction, except as approved.

All plotting, drafting, and calculations performed by the CONSULTANT shall be independently

checked by members of the CONSULTANTS staff other than those who performed the original

work. The work of each stage submission or interim study submissions (including quantity

estimates) shall have been appropriately checked. The CONSULTANT shall verify all

computations and design calculations. The CONSULTANT shall furnish one (I) permanent,

legible copy and one electronic format (PDF) copy of the design calculations, suitably bound, and

when directed, all study plans, work plans, alternate studies, and estimates indexed in accordance

with DEPARTMENT procedures.

The CONSULTANT'S Licensed Professional Engineer stamp for the State of New Hampshire shall

appear on the construction plans, reports, and any other documents that will be submitted to the

DEPARTMENT. Stamps shall be those of the professional engineers who prepared them or under

whose direct supervisory control they were prepared.

The work shall be as described in the CONSULTANT'S Scope of Services, Attachment B, and

requires the development and refinement of engineering plans and technical documentation in

accordance with the following criteria and involving the following work effort:

D. PRELIMINARY ENGINEERING

Preliminary Engineering for Preliminary Design shall consist of all efforts needed to collect data,

prepare base plaris, develop a range of reasonable alternatives, evaluate alternatives and investigate

their consequences to allow the Department to select a proposed action, in accordance with the policy

ARTICLE I

and procedures of the DEPARTMENT and the provisions of this AGREEMENT. This includes the

Tasks under Preliminary Engineering including the following;

a. Data Collection - See Supplemental Scope of Work, Attachment B

b. Bridge Inspection - See Supplemental Scope of Work, Attachment B i

c. Topographic Survey mapping

(See Supplemental Scope of Work, Attachment B for additional detail on the services to

be performed)

The CONSULTANT will perform all topographic and existing detail survey and be fully

responsible for development of the base plan.

d. Existing Right-of-Wav Plan Development

(See Supplemental Scope of Work, Attachment B for additional detail on the services to

be performed.)

This work will be performed by a CONSULTANT Licensed to practice the profession of

Land Surveying in New Hampshire. The CONSULTANT shall be responsible for

coordination efforts and will participate in the ROW meetings that will be scheduled with

the DEPARTMENT. The CONSULTANT shall be responsible for the coordination and

be available for direct contact for all survey related communications with the

DEPARTMENT.

The CONSULTANT shall complete an Existing Right of Way Survey of the project area,

including all intersecting roads extending to a minimum distance of 500 0. beyond the

limits of the proposed improvements. All survey work must be completed in accordance

with the minimum standards for a Category 3 Urban Class Boundary Survey 'as defined in

the - NH Lan Rules 500 and be in compliance with the Technical Standards portion of the

aforementioned, and duly defined in the 2017 NHDOT Survey and Technical Standards

Manual, requiring all survey work to be supervised by a NH Licensed Land Surveyor. The

survey shall include a complete field survey locating all available boundary and right of

way monumentation and all relevant lines of occupation along the subject corridor. The

CONSULTANT shall prepare an Existing ROW Plan set depicting the ROW limits, record

alignments, all standard surveying mapping geometries, including metes and bounds, curve

data, tie lines, additional state interests and easements, centerline station and offset

information for all relevant existing Right of Way record lines and monuments.

The CONSULTANT will develop the Existing Right of Way survey and control through

the following process:

ARTICLE I

i. ROW Facilitation Meeting: An initial meeting with the DEPARTMENT for

project overview, review of historic ROW information and turnover of

DEPARTMENT project data and ROW;

ii. Records Research: The CONSULTANT is required to research the following

record archival venues until all relevant record information to the subject

corridor is obtained for consideration of the Right of Way limit determination;

municipal records, historical records, state archive records, DOT records, county

registry and probate records, and other facilities as needed.

iii. Boundary Survev: The CONSULTANT shall complete the boundary survey in

accordance with aforementioned standards with an expected process as follows.

Any planned deviation from this process must be approved by the

DEPARTMENT prior to execution:

1. Field reconnaissance of Right-of-Way and abutting boundary

monuments.

2. Establish geodetic control network on NH State Plane Coordinate

System.

3. Conduct an on the ground field survey, of the existing Right-of-

Way and abutting boundary monuments.

4. Process survey control data using least squares adjustment at 95%

confidence level. Process side shot data on adjusted control

network and verify.

5. Develop Right-of-Way alignments and establish Right-of-Way

limits based on the processed field survey data.

iv. Existing ROW Plan Review: The CONSULTANT shall submit Preliminary

Right of Way Plans and a written Survey Report outlining the basis of the survey

findings and final Right of Way detennination for review by the

DEPARTMENT'S Bureau of Right Way, Land Titles Section. The

CONSULTANT will be required to attend all ROW facilitation meetings that

involve survey related discussions.

V. Development of Final Existing ROW Plan: The CONSULTANT shall address

all DEPARTMENT comments resulting from the Preliminary ROW Plan review

through a written explanation of how review comments were addressed. Once

finalized, the CONSULTANT will be required to record the Existing Right of

ARTICLE 1

Way Plan in the applicable County Registry of Deeds. The CONSULTANT

shall provide the DEPARTMENT with" the Exiting ROW Plans in DON file

format and one full size PDF copy of the recorded plan. The CONSULTANT

shall provide the DEPARTMENT with all supporting survey data, including but

not limited to; raw data files, adjustment reports, field book notes, geodetic

control data, coordinate file of ail survey points in ASCI) file format and

alignment data in.cl or XML format.

c. Traffic Data Collection and Analysis

Twenty four hour C24hr) traffic counts with FHWA classification will be obtained by the

CONSULTANT for use in developing the pavement design and to evaluate traffic control

options.

Turning Movement Counts (TMC) will be collected by the CONSULTANT as described

in the Supplemental Scope of Work, Attachment B.

The CONSULTANT will develop the background traffic growth forecasts for based on

historic growth rates supplemented with specific growth tied to known development

activity. Growth during pandemic years shall be assumed to be zero or greater, and during

post-pandemic years shall be assumed to be 0.5% or greater.

The CONSTULTANT shall provide a drafl and final technical memorandum detailing the

forecasting methodologies for the future year design volumes assumed to be 2027 and

2047.

The Consultant shall use the latest Synchro software to develop traffic models to support

the roadway traffic control alternatives.

f. Crash Data Collection & Analysis

(See Supplemental Scope of Work, Attachment B for additional detail of the work to be

performed.)

The CONSULTANT shall evaluate crash data provided by the DEPARTMENT (in Excel

format) to understand the safety performance within the project area. The CONSULTANT

shall consider how the alternatives would impact safety.

g. Alternative Development & Evaluation

(See Supplemental Scope of Work, Attachment B for additional detail on the work to be

perfonned.)

ARTICLE I

The CONSULTANT will develop and evaluate alternatives and investigate their

consequences to allow the DEPARTMENT to select a proposed action.

i. Reasonable Roadway Alternatives: Initial roadway alignments will be developed as

described in the Supplemental Scope of work, Attachment B. These initial alternatives

will be more conceptual in level of detail for an initial presentation to the Project

Working Group. It is assumed that following the first PWG, three intersection and two

roadway alternatives will be refined for further consideration. Each alternative will be

developed to an equal level of detail. Lanes, shoulders, slope impact limits, right of

way requirements, environmental impacts, and potential water quality protection

measures will be determined for each reasonable alternative. Conceptual level traffic

control will be presented at this time to determine if there are major differences in the

alternatives. This is expected to be a short explanation with critical sections.

Each alternative will be submitted to the Department for review in roll plot format.

Each submission will include conceptual level plan, profile, typical sections and

critical cross-sections. In locations where the proposed improvements are minimal and

the roadway footprint does not change (e.g. minimal widening, milling and resurfacing,

etc.), general (non-critical) cross-sections will not be provided. Cross-sections at all

typical (non-critical) driveway locations will not be required.

ii. Roadway Structure Alternatives: Alternative roadway base designs will be needed to

determine a cost effective and structurally sound roadway base when the project is

complete. Each roadway base option shall consider traffic control requirements. See

Section G - GEOTECHICAL for additional of work associated with the Roadway,

Bridge and Structure Alternatives.

iii. Intersection Alternatives:

I

Swanzey Factory Road: 1 Alternatives will be developed to improve this intersection.

Each alternative will be submitted to the Department for review in roll plot format.

Conceptual level traffic control will be presented at this time to determine if there are

major differences in the alternatives. This is expected to be a short explanation with

critical sections, showing phasing, if needed

iv. Bridge Alternatives:

ARTICLE I

Alternatives shall be evaluated for each existing or proposed bridge over the Branch

River within the project limits. Conceptual designs should consider flood elevations,

hydraulic requirements, and stream crossing regulations, along with the span and

preliminary superstructure depth. A rehabilitation alternative will be included for the

existing bridge. The alternatives, and associated hydrologic and hydraulic analysis

should be summarized in the Bridge Type, Size and Location Report.

V. Hvdraulic Analvsis: See Supplemental Scope of Work, Attachment B

h. Cost Estimates:

Conceptual cost estimates will be developed for the alternatives. The conceptual

alternatives will be compared using a high-level cost per lane mile approach for the

roadway and slope intercept method for the bridges from data supplied by the Department.

Prior to the Public Hearing an estimate will be provided that quantifies major work items

and apply the Department's current weighted average unit prices. Other ancillary items on

a percentage basis will be estimated on a percentage basis. A spreadsheet will be provided

by the Department to assist in the development of this estimate. Engineering, Right-of-

Way and environmental mitigation costs shall also be included.

i. Design Report

The CONSULTANT shall prepare a Design Report to document the existing conditions

within the corridor, and to summarize the design decisions and engineering details of the

proposed action. Any rejected alternatives should also be documented to explain the

justification for their rejection and for inclusion in the Environmental document. The

Design Report format will be supplied by the Department.

j. Proiect Team Meetings

Project team meetings will be held periodically over the course of the Preliminary Design.

These informal meetings will take place when needed, to discuss project issues that may

include resource constraints, impacts of alternatives, and cost issues. These meetings will

involve CONSULTANT and DEPARTMENT^staff, but may also include representatives

of the Town, Planning Commission, state or federal agencies, or others as appropriate.

These meetings are in addition to the technical review meetings listed in the respective

Sections of Article I or the Supplemental Scope or Work, Attachment B, agency meetings

ARTICLE I

listed in Section E and public informational meetings listed under the Section F. See

Supplemental Scope of Work Attachment B, Section J.WORK SCHEDULE AND

PROGRESS REPORTS for additional detail.

E. ENVIRONMENT

The NEPA Documentation task covers the documentation needed to comply with the National

Environmental Policy Act (NEPA) (including Cultural Resource investigations in accordance

with Section 106 of the National Historic Preservation Act). The CONSULTANT shall develop a

formal Purpose and Need statement, identify and document impacts of the alternatives to all

relevant natural and cultural resources, and identify any permitted requirements. See

Supplemental Scope of Work, Attachment B for a detailed description of the work to be

perfonned.

Resources and impact to be identified and evaluated include, but are not limited to:

a. Water-Based Resources:

Including Groundwater, Surface Waters, Floodplains, Wetlands and wetland mitigation, and

Stream Crossings.

b. Stormwater Treatment Requirements

c. Land-Based Resources:

Soils, Active Farmlands, Parks, Recreation areas, Public and Conserved Lands, Section 4(f)

Resources and Section 6(f) Resources.

d. Wildlife:

Wildlife and Habitat, Fisheries, and Threatened and Endangered Species.

e. Cultural Resources (Historic and archacologican:

The CONSULTANT shall conduct all necessary phases of Section 106 review and

consultation.

10

ARTICLE I

r. Visual

g. Social and Economic Resources:

h. Invasive Species

i. Contamination

j. Limited Reuse Soils

k. Construction Impacts

I. Noise.

m. Air Quality

n. Agency Coordination: Natural and Cultural Resource Meetings

o. Description of Proposed Action

p. Environmental Impacts of the Proposed Action •

F. PUBLIC PARTICIPATION

(See Supplemental Scope of Work, Attachment B for additional detail on the services to be

provided)

The CONSULTANT shall provide a dynamic public participation program for the inclusion of

public and private stakeholders in the decision-making process to aid in the determination of the♦

proposed action. The CONSULTANT shall prepare presentation graphics, handouts and support

displays for public participation and posting to the DEPARTMENT'S project webpage and be

available to make presentations and prepare meeting minutes. Specific types of meetings include:

• Public Officials Meetings - for scoping purposes 2 are anticipated

• Project Working Group - for scoping purposes 6 are anticipated

• Public Informational Meetings - for scoping purposes 2 are anticipated

• Public Hearing

The CONSULTANT will also assist the DEPARTMENT in formally addressing comments

received through the public hearing process.

G. CEOTECHNICAL

See Supplemental Scope of Work, Attachment B for additional detail on the services to be provided.

The CONSULTANT will complete the fulf geotechnical program required for the project. The

CONSULTANT shall provide engineering to include preliminary and final subsurface exploration

' plan development and siting of the subsurface explorations by providing the station(s), offset(s)

and associated GPS coordinate(s) for proposed or actual subsurface exploration locations for all

bridge structures, as well as highway design.

11

ARTICLE I

The CONSULTANT will notify all property owners in advance of drilling on private property

either in person or via certified letter.

H. UTILITIES ^

The utility coordination for this project will be perfomied by the DEPARTMENT. The

CONSULTANT shall provide existing detail plans to the DEPARTMENT for submission to the utility

companies for utility verification. The CONSULTANT shall incorporate utility locations, as identified

by the individual utility owner, into the plans. This effort may also include incorporating the

preliminary layout of the City of Keene's proposed watermain relocation (by others).

I. MATERIAL FURNISHED BY THE DEPARTMENT OF TRANSPORTATION

The DEPARTMENT will furnish the following data to the CONSULTANT:

1. Electronic files in US Customary units of the following infomiation in accordance with the

DEPARTMENT'S CAD/D Procedures and Requirements for incorporation into the plans by

the CONSULTANT:

a. Any available electronic topographical mapping within the project area shall be

provided along with any pertinent electronic supporting information (survey field

notes, ASCII point file, SDR data files, etc.).

b. Electronic drawings in MicroStation format of roadway typical cross-sections and

other detail sheets shall be provided, when available from the DEPARTMENT'S

CAD/DJibrary, upon request by the CONSULTANT, in accordance with the current

DEPARTMENT CAD/D Procedures and Reouirements.

2. Right-of-Way data: Any additional infonnation collected or prepared by the DEPARTMENT

that could supplement the CONSULTANT'S Right-of-Way Boundary (e.g. existing right-of-

way layout per record plans, property lines to a tax map level, parcel owners, title abstracting,

etc.) will be provided by the DEPARTMENT in MicroStation format for incorporation into the

plans by the CONSULTANT.

3. Plans of prior highway and bridge construction projects within the project limits, as available.

4. The location of all existing and proposed utilities through direct contact with the various utility

companies.

5. Geotechnical investigations and recommendations, if available: Electronic files of the

Environmental resource data collected in previous studies.

6. Crash data within the study area.

7. Traffic count data.

12

ARTICLE I

8. The DEPARTMENT'S latest high-resolution color aerial photography (which is geo-

referenced and ortho-reciifled).

J. WORK SCHEDULE AND PROGRESS RJEPORTS

Sec Supplemental Scope of Work, Attachment B for additional detail on the services to be provided.

The CONSULTANT shall begin perfomiance of the services designated in the AGREEMENT

promptly upon receipt from the DEPARTMENT of a Notice to Proceed and the material to be

furnished as herein described. The CONSULTANT shall complete these services without delay

unless unable to do so for causes not under the CONSULTANTS control.

The CONSULTANTS sequence of operation and performance of the work under the terms of this

agreement shall be varied at the direction of the DEPARTMENT to give priority in critical

areas so that schedules and other STATE commitments, either present or fiiturc, can be met.

The CONSULTANT shall report progress to the, DEPARTMENT in conjunction with

DEPARTMENT'S Standardized Invoicing process. Invoices shall be submitted for each month

that there has been more than $10,000 in cumulative billable work since the last invoice, and at

least quarterly. For months with no progress or less than $10,000 cumulative work since the last

invoice, a status report briefly describing the reasons for little or no progress shall be submitted

K. SUBMISSION OF REPORTS. PLANS AND DOCUMENTS

The submissions shall be as necessary in accordance with the study process and environmental

analysis as outlined above. Each submission shall be supplemented with such electronic copies of

MicroStation drawings, illustrations, and descriptive matter as are necessary to facilitate a

comprehensive understanding and review of proposed concepts. Each submission will include

conceptual level plan, profile, typical sections and critical cross-sections. In locations where the

proposed improvements are minimal and the roadway footprint does not change (e.g. minimal

widening, milling and resurfacing, etc.), general (non-critical) cross-sections will not be provided.

Cross-sections at all typical (non-critical) driveway locations will not be required.

The CONSULTANT will be expected to support their design proposals and any issues resulting

from review by the DEPARTMENT or in the public participation phase (including agency

coordination), with alternative studies and reasonably itemized cost comparisons for alternate

concepts.

The CONSULTANT'S final submission shall include hard copy of plans. Design Report and

electronic CAD/D files. The horizontal, vertical (profiles), and pavement layout shall allow further

development toward final design. In addition, the following shall be provided for the preferred

alternative: design calculations to support superelevations, preliminary traffic control plan/critical

13

ARTICLE I

sections, draft construction schedule,' proposed right-of-way layout, major utility impacts

documented, draft typical sections, cost estimate with supporting quantity calculations, and

outstanding issues/concerns.

At the completion of Preliminary Design, the CONSULTANT shall provide the DEPARTMENT

a 3D model of the proposed top roadway surface (LandXML (preferred) or DTM format) for the

preferred alternative only. This model will include basic elements such as roadway super-elevation,

side slopes, curbing, sidewalks, guardrail, BMP measures (water quality location identified but not

fully designed' with final grades) and retaining walls. No detailed intersection or driveway

modeling will be required.

L. DELIVERABLES

All work and supporting documents compiled under this AGREEMENT shall be developed by

the CONSULTANT and delivered to the DEPARTMENT according to the following formats;

Electronic Transfer of Data: The DEPARTMENT requires the following to ensure compatibility

with software used by the DEPARTMENT and to ensure the efficient and timely exchange of

computer files between the DEPARTMENT and the CONSULTANT.

All files submitted must be fiilly compatible with the formats listed in this document without any

conversion or editing by the DEPARTMENT. Any files requiring conversion and/or editing by the

DEPARTMENT will not be accepted. All files shall be virus free. All files shall use the

DEPARTMENT'S file naming convention.

Computer Aided Design/Drafting (CAD/D) files: All CAD/D files shall be in accordance with

the Deliverable Requirements described in the DEPARTMENT'S CAD/D Procedures and

Reouircments in effect at the time this AGREEMENT was executed, or any later version. All files

submitted must be fully compatible with the current version of MicroStation being used by the

DEPARTMENT. (The DEPARTMENT'S CAD/D Procedures and Requirements document can

be found on the CAD/D website by following the "Downloads" link at www.nh.gov/dot/cadd/.)

Word Processing, Spreadsheet, and Database Files: For each Phase, all relevant files shall be

provided in a format fully compatible, as appropriate, with the following:

Word Processing: Microsoft Word 2016 or NHDOT compatible version

Spreadsheets: Microsoft Excel 2016 or NHDOT compatible version

Databases: Microsoft Access 2016 or NHDOT compatible version

These specifications will be updated as necessary to reflect changes in DEPARTMENT software

such as adding new software or updating to new versions of existing software, in such instances,

the CONSULTANT will be promptly notified.

14

ARTICLE I

Computer File Exchange Media: Electronic files shall be exchanged between the

DEPARTMENT and the CONSULTANT using the following media as appropriate for Windows

Operating Systems:

File Transfer Sites, Bluebeam, SharePoint.

Email: Files 20 MB or smaller may be transferred via Email. If compressed, the files should be

self-extracting and encrypted based on content.

Copies: The CONSULTANT shall provide hard (paper) and electronic copies of the deliverables

for each Phase of Work. For all deliverables, provide electronic copies in two electronic versions;

an electronic version in the original electronic file format (I.e., MicroSiation (*.dgn), Microsoft

Word (*.docx), Microsoft Excel (*.xlsx), etc.) and an electronic version in Adobe Acrobat (*.pdf)

file format.

Website Information:

a. Website Content: All external NHDOT websites created under this AGREEMENT shall meet

the ADA Section 508 requirements as stated in the NH DolT Website Standards. Those

standards are outlined in Vendor Resources and Procurement I NH Department of Information

Technology.

b. Website Documents: All documents posted to a website created under this AGREEMENT, or

that are submitted to be posted to a NHDOT website, shall meet ADA Section 508 accessibility

requirements. Compliance requirements can be found at https://www.section508.gov/create/.

Upon completion of the AGREEMENT, the CONSULTANT shall turn over all documentation,

including, but not limited to, all reports, test results, drawings, plans, and all financial supporting

documentation in the formats described above.

Bridge Design Submissions: The plan submissions for bridge structures shall follow, in general, the

NHDOT Bridge Design Manual and the "Instructions for Consulting Engineers Concerning Routine

Procedures on Bridge Design Projects" formats prepared by the DEPARTMENT

M. Pate of Completion

In accordance with the Governor and Council Resolution authorizing this AGREEMENT, the date

of completion for the Design of professional services rendered under this AGREEMENT is (36 months

from the date of the Notice to Proceed).

ARTICLE II

ARTICLE If - COST PLUS FIXED FEE CONPENSATION OF CONSULTANT

A. GENERAL FEE

In consideration of the terms and obligations of this AGREEMENT, the STATE, through the

DEPARTMENT, hereby agrees to pay and the CONSULTANT agrees to accept as full compensation

for all services rendered to the satisfaction of the DEPARTMENT under this AGREEMENT, an

amount equal to the sum of the following costs:

1) Actual salaries approved by the DEPARTMENT paid to technical and other

employees by the CONSULTANT, including salaries to principals, for the

time such employees are directly utilized on work necessary to fulfill the tcnns

of this AGREEMENT.

Direct salary costs are estimated at:

S380.592.48

2) Overhead costs applicable to the direct salary costs. The audited indirect cost

rate, as submitted to and approved by the DEPARTMENT, will be applied to

the direct salary costs. The CONSULTANT'S audited indirect cost rate for

fiscal year ending Month, Day, Year, 136.40% shall be used for invoicing for

the life of the AGREEMENT.

An overtime premium of one and one half times the direct labor rate for non-

exempt employees working beyond the standard 40 hours per workweek may

be allowed for special circumstances when approved by the DEPARTMENT

in writing in advance. The overhead portion of non-exempt employees' salary

rates shall not be adjusted. Engineers are not eligible for overtime premium

rates.

Overhead costs are estimated at:

S519.128.14

3). A fixed fee amount based on the estimated risk to be borne by the

CONSULTANT [maximum 10.00% of Labor Costs (including overhead

costs)] for profit and non-reimbursed costs.

The fixed fee is: S89.972.06

4) Reimbursement for direct expenses, including, but not limited to,

subconsuitants with a subcontract value of less than $200,000, printing,

reproductions and travel not included in normal overhead expenses. The

reimbursable costs for mileage and for per diem (lodging and meals) shall be

16

ARTICLE II

that allowed by the CONSULTANT'S established policy but shall not exceed

that allowed in the Federal Acquisition Regulations (Subpart 31.205-46) and

in the Federal Travel Regulation. Mileage and per diem costs shall be subject

to approval by the DEPARTMENT. Subconsultants with a subcontract value

of less than $200,000 shall be invoiced as direct expenses and do not require

individual invoices. ' -

Direct expenses are estimated at:

$665.777.75

AGREEMENT NOT-TO-EXCEED TOTAL $1.655,470.43

The amount payable under categories 1), 2), 4), and 5) may be reallocated within the not-to-exceed

total upon mutual agreement of the DEPARTMENT and the CONSULTANT. Reailocations shall be

properly documented for Final Audit purposes, but do not require a formal amendment.

The total amount to be paid under this AGREEMENT shall not exceed $1.655,470.43. the sum of

the amounts shown in Article 11, Section A (which amount is based on the CONSULTANT'S fee and

manhour estimates of 10,652 hours), except by agreement of all parties made after supplemental

negotiations and documented by a formal amendment to the AGREEMENT. Should circumstances

beyond the control of the CONSULTANT require extension of the time of completion more than one

(I) year, the general fee may be renegotiated and documented by a formal amendment to the

AGREEMENT; however, the fixed fee (b) shall not change for reasons of work duration alone. The

fixed fee (b) shall only change when there has been a significant increase or decrease in the scope of

work outlined in this AGREEMENT.

B. LIMITATION OF COSTS

1. Costs incurred against this AGREEMENT shall not exceed the total amount specified in Article

II, Section A unless otherwise authorized. The CONSULTANT shall give the DEPARTMENT

a ninety (90)-day written notice when it appears that this limit will be exceeded.

2. It is expected that the total cost to the STATE shall be the not-to-exceed amount specified in

Article II, Section A, and the CONSULTANT agrees to use best efforts to perform the work

specified in the AGREEMENT and all obligations under this contract within this not-to-exceed

amount.

3. The STATE shall not be obligated to reimburse the CONSULTANT for costs incurred in

excess of the not-to-exceed amount specified in Article 11, Section A.

4. Changes to the scope of work shall not be considered an authorization to the CONSULTANT

to exceed the not-to-exceed amount specified in Article II, Section A.

17

ARTICLE II

C. PAYMENTS

Monthly payments on account of services rendered under this AGREEMENT may be made upon

submission of invoices by the CONSULTANT to the DEPARTMENT. The CONSULTANT shall

follow the DEPARTMENT'S Standardized Invoicing format. The fixed fee shall be invoiced during

the billing period based upon the overall percent complete calculated within the approved progress

report found in the DEPARTMENT'S Standardized Invoicing.

Actual salaries paid and the indirect cost rate shown in Article II, Section A, shall be used until

such time as true costs of salary burden and overhead are fixed by Final Audit. At that time, payments

shall be adjusted to agree with the indirect cost rates as detennined by Final Audit for the period in

which the work was performed, as approved by the DEPARTMENT.

D. ANNUAL INDIRECT COST RATE SUBMISSIONS

Tlie CONSULTANT and all subconsultants with a subcontract value of $200,000 or greater shall

submit their audited indirect cost rate and related documents annually for the life of this AGREEMENT

as follows:

To comply with the Federal Acquisition Requisitions (FAR), the CONSULTANT'S Indirect Cost

Rate Audit must meet the following requirements:

• Be conducted by an independent Certified Public Accountant (CPA), a Federal government

agency, or another state transportation agency.

• Be conducted in accordance with Generally Accepted Government Auditing Standards

(GAGAS) issued by the U.S. Government Accountability Office (GAO) and with the cost

principles and procedures set forth in Part 31 of the FAR.

• Follow the guidance of the most recent American Association of State Highway Transportation

Officials Uniform Audit and Accounting Guide for Audits of Architectural and Engineering

Consulting Firms (AASHTO Audit Guide).

In addition to the Indirect Cost Rate Audit, CONSULTANTS shall submit the following

documentation:

• AASHTO Internal Control Questionnaire (ICQ) for Consulting Engineers form with the

required attachments.

• Certification of Final Indirect Costs as required pursuant to 23 CFR 172.11 and FHWA Order

4470.1 A.

• Complete copy of the CONSULTANT'S annual audited financial statements.

• Analysis of reasonableness of executive compensation as outlined in the AASHTO Audit

Guide.

• Cognizant letter, if available.

ARTICLE II

I

• A listing of all contracts, with dollar amounts, the CONSULTANT has currently with the

DEPARTMENT as a prime consultant or subconsullant.

Annual indirect cost rate submissions are due within 6 months of the CONSULTANT'S fiscal year

end and shall be submitted to the DEPARTMENT'S Internal Audit Office electronically to DOT-

lntemalAudit@dot.nh.gov or in writing.

E. RECORDS, REPORTS AND FINAL AUDIT

The CONSULTANT shall maintain adequate cost records for all work performed under this

AGREEMENT. All records and other evidence pertaining to cost incurred shall be made available at

all reasonable times during the AGREEMENT period and for tliree (3) years from the date of final

expenditure report for examination by the STATE, Federal Highway Administration, or other

authorized representatives of the Federal Government, and copies thereof shall be furnished if

requested. Applicable cost principles are contained in the Federal Acquisition Regulations (FAR) in

Title 48 of the Code of Federal Regulations (Subpart 31.2 and Subpart 31.105).

The DEPARTMENT shall have the right, at the time of Final Audit, to review all items charged on

this project. If, in the opinion of the DEPARTMENT, such payment is unreasonable, the

CONSULTANT shall be required to justify such payment or payments before they will be approved as

direct or indirect costs.. All costs as described in Article II Section A.l through A.5 are to be determined by actual records

kept during the tenn of the AGREEMENT, which are subject to Final Audit by the STATE and Federal

Governments. The final payment, and all partial payments made, may be adjusted to conform to this

Final Audit. In no case will any adjustments exceed the not-to-exceed amount specified in Article II,

Section A. All Subconsultant costs may also be subject to Final Audit by the STATE and Federal

Governments.

19

ARTICLE III

ARTICLE 111 - GENERAL PROVISIONS

A. HEARINGS, ETC.

The DEPARTMENT will make all arrangements for and hold all necessary hearings in connection

with the project.

B. CONTRACT PROPOSALS

After the CONSULTANT has furnished to the DEPARTMENT contract drawings, special

provisions, specifications, and estimate of quantities by items, the DEPARTMENT will prepare the

documents for receipt of proposals from construction contractors and for execution of a construction

contract or contracts.

20

ARTICLE IV

ARTICLE IV - STANDARD PROVISIONS

A. STANDARD SPECIFICATIONS

The CONSULTANT agrees to follow the provisions of the Design Manuals. Standard Specifications

for Road and Bridge Construction, and Standard Plans for Road and Bridge Constniction of the

DEPARTMENT; A Policv on Geometric Design of Highways and Streets and LRFD Bridge Design

Specifications of the American Association of State Highway and Transportation Officials

(AASHTO), and amendments thereto, and/or other professional codes or standards applicable to the

services to be performed under this AGREEMENT. When a publication (including interim

publications) is specified, it refers to the most recent date of issue in effect at the time of execution of

this AGREEMENT.

B. REVIEW BY STATE AND FHWA - CONFERENCES - INSPECTIONS

It is mutually agreed that all portions of the work covered by this AGREEMENT shall be subject

to the inspection by duly-authorized representatives of the.STATE and Federal Highway

Administration, United States Department of Transportation, at such time or times as the STATE or

Federal Highway Adiiiinisliation deems appropriate.

The location of the office where the work will be available for inspection by STATE and Federal

Highway Administration representatives is 11 King Court. Keene. NH. '

It is further mutually agreed that any party, including the duly-authorized representatives of the

Federal Highway Administration, may request and obtain conferences, visits to the site, and inspection

of the work at any reasonable time.

C. EXTENT OF CONTRACT

1. Contingent Nature of AGREEMENT

Notwithstanding anything in this AGREEMENT to the contrary, all obligations of the STATE,

including, without limitation, the continuance of payments, are contingent upon the availability

and continued appropriation of funds, and in no event shall the STATE be liable for any

payments in excess of such available appropriated funds. In the event of a reduction or

termination of those funds, the STATE shall have the right to terminate this AGREEMENT.

2. Termination

The DEPARTMENT shall have the right at any time, and for any cause, to terminate the work

required of the CONSULTANT by this AGREEMENT by written notice of such termination

provided to the CONSULTANT by the DEPARTMENT, and, in the event of such a termination

of this AGREEMENT without fault on the part of the CONSULTANT, the CONSULTANT

21

ARTICLE IV

shall be entitled to compensation for all work theretofore satisfactorily performed, pursuant to

this AGREEMENT, such compensation to be fixed, insofar as possible, based upon the work

perfonned prior to termination. If no contract or contracts for construction of the project

contemplated by this AGREEMENT is (are) entered into within two (2) years after satisfactory

completion of the services outlined in Article I, all of the services contemplated by this

AGREEMENT shall be deemed to have been completed.

It shall be a breach of this AGREEMENT if the CONSULTANT shall fail to render timely the

services required under this AGREEMENT, in accordance with sound professional principles

and practices, to the reasonable satisfaction of the DEPARTMENT, or shall be in such financial

condition as to be unable to pay its just debts as they accrue, or shall make an assignment for

the benefit of creditors, or shall be involved in any proceeding, voluntary or involuntary,

resulting in the appointment of a receiver or trustee over its affairs, or shall become dissolved

for any cause. In the event of the happening of any one or more of the foregoing contingencies,

or upon the.snh.stant.ial breach of any other provisions of this AGREEMENT by the

CONSULTANT, its officers, agents, employees, and subconsultants, the DEPARTMENT shall

have the absolute right and option to terminate this AGREEMENT fortliwith, and, in addition,

may have and maintain any legal or equitable remedy against the CONSULTANT for its loss

and damages resulting from such breach or breaches of this AGREEMENT; provided,

however, that as to all plans, drawings, tracings, estimates, specifications, reports, proposals,

sketches, diagrams, and calculations, together with all material and data theretofore furnished

to the DEPARTMENT by the CONSULTANT, of a satisfactory nature in accordance with this

AGREEMENT, which plans, drawings, tracings, etc., are of use to the DEPARTMENT, the

CONSULTANT shall be entitled to a credit, based on the contract rate for the work so

perfonned in a satisfactory manner and of use and benefit to the DEPARTMENT.

D. REVISIONS TO REPORTS. PLANS OR DOCUMENTS

The CONSULTANT shall perform such additional work as may be necessary to correct errors in

the work required under the AGREEMENT caused by errors and omissions by the CONSULTANT

without undue delays and without additional cost to the DEPARTMENT.

Furthermore, prior to final approval of plans, specifications, estimates, reports, or documents by

the DEPARTMENT, the CONSULTANT shall make such revisions of them as directed by the

DEPARTMENT, without additional compensation therefor, except as hereinafter provided;

22

ARTICLE IV

1. If, after its written approval thereof, the DEPARTMENT shall require changes to the plans or

documents that revise engineering or other factors speciHcaiiy approved, thereby necessitating

revisions of the contract plans or documents, or,

2. When applicable, if during the terni of this AGREEMENT, a revision of the alignment is

ordered by the DEPARTMENT to the extent that the revised alignment will lie completely or

partially outside the limit of the survey data plotted by the CONSULTANT (this does not apply

to those adjustments and refinements to the alignments anticipated under the scope of work),

or,

3. If, after approval by the DEPARTMENT of the final contract plans or documents, the

CONSULTANT shall be ordered in writing by the DEPARTMENT to make revisions, or to

perform services other than those necessary to adapt said plans, reports, or documents to

conditions observed during field inspections and encountered during construction; the

CONSULTANT shall be entitled to compensation therefor in accordance with Article II,

Section A, such compensation to be in addition to the fee specified in Article II, Section A, for

its original work on the plans, reports or documents.

E. ADDITIONAL SERVICES

If, during the term of this AGREEMENT, additional professional services are required due to a

revision in the limits of the project, or it becomes necessary to perform services not anticipated during

negotiation, the DEPARTMENT may, in writing, order the CONSULTANT to perform such services,

and the CONSULTANT shall be paid a fee in accordance with the provisions of Article II, Section A.

If, during the term of this AGREEMENT, additional professional services are performed by the

CONSULTANT due to the fact that data furnished by the DEPARTMENT are not usable or applicable,

the STATE will, upon written approval by the DEPARTMENT, reimburse the CONSULTANT for

such additional design services in accordance with the provisions of Article II, Section A.

If additional services are performed by the CONSULTANT through its own acts, which are not

usable or applicable to this project, the cost of such additional services shall not be reimbursable.

F. OWNERSHIP OF PLANS

All data, plans, drawings, tracings, estimates, specifications, proposals, sketches, diagrams,

calculations, reports, or other documents collected, prepared, or undertaken either manually or

electronically by the CONSULTANT under the provisions of this AGREEMENT, immediately shall

become the property of the DEPARTMENT, and, when completed, shall bear the CONSULTANT'S

endorsement. The CONSULTANT shall surrender to the DEPARTMENT, upon demand at any time,

23

ARTICLE IV

or submit to its inspection, any data, plan, drawing, tracing, estimate, specification, proposal, sketch,

diagram, calculation, report, or document which shall have been collected, prepared, or undertaken by

the CONSULTANT pursuant to this AGREEMENT, or shall have been hitherto furnished to the

CONSULTANT by the DEPARTMENT. The CONSULTANT shall have the right, with the written

approval of the DEPARTMENT, to use any of the data prepared by it and hitherto delivered to the

DEPARTMENT at any later stage of the project contemplated by this AGREEMENT.

G. SUBLETTING

The CONSULTANT shall not sublet, assign or transfer any part of the CONSULTANT'S services

or obligations under this AGREEMENT without the prior approval and written consent of the

DEPARTMENT.

All subcontracts shall be in writing and those exceeding $10,000 shall contain all provisions of

this AGREEMENT, including "Certification of CONSULTANT/Subconsultant". A copy of each

subcontract shall be submitted for the DEPARTMENT'S files.

For subconsultants working on design, hazardous materials, geotechnical ser\'ices, etc., the

minimum limits of their profe.sRional liability (errors and omissions) insurance coverage shall be not

less than $2,000,000 in the aggregate, with a deductible of not more than $75,000. For subconsultant

contracts with less risk, e.g., wetland evaluations, materials inspection and testing, structural steel

fabrication inspection, underwater bridge inspection, research, bridge deck condition surveys, land

surveying, mapping, noise studies, air-quality studies, etc., the minimum limits of their professional

liability (eiTors and omissions) insurance coverage shall be not less than $1,500,000 in the aggregate,

with a deductible of not more than $50,000. For subconsultant contracts with no risk, e.g., archaeology,

cultural resources, data gathering, traffic counting etc., professional liability insurance shall not be

required. Subconsultants completing field exploration for geotechnical, hazardous

materials/environmental, and subsurface exploration shall also have pollution liability insurance

coverage not less than $2,000,000 in the aggregate, with a deductible of not more than $75,000. If

coverage is claims made, the period to report claims shall extend for not less than three years from the

date of substantial completion of the construction contract.

H. GENERAL CONPLIANCE WITH LAWS, ETC.

The CONSULTANT shall comply with all Federal, STATE, and local laws and ordinances

applicable to any of the work involved in this AGREEMENT and shall conform to the requirements

and standards of STATE, municipal, railroad, and utility agencies whose facilities and services may be

24

ARTICLE IV

affected by the construction of this project. The services shall be performed so as to cause minimum

interruption to said facilities and services.

1. BROKERAGE

The CONSULTANT warrants that it has not employed or retained any company or person, other

than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Contract,

and that it has not paid or agreed to pay any company or person, other than a bona fide employee

working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any

other consideration, contingent upon or resulting from the award or making of this Contract. For breach

or violation of this warranty, the STATE shall have the right to annul this Contract without liability, or,

at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount

of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

J. CONTRACTUAL RELATIONS

1. Independent Contractor

The CONSULTANT agrees that its relation to the STATE is as an independent contractor and

not as an agent or employee of the STATE.

2. Claims and Indemnification

a. Non-Professional Liabilitv Indemnification

The CONSULTANT agrees to defend, indemnify and hold harmless the STATE and all of

its officers, agents, and employees from and against any and all-claims, liabilities, or suits

arising from (or which may be claimed to arise from) any (i) acts or omissions of the

CONSULTANT or its subconsultants in the performance of this AGREEMENT allegedly

resulting in property damage or bodily injury, and/or, (ii) misconduct or wrongdoing of the

CONSULTANT or its subconsultants in the performance of this AGREEMENT.

b. Professional Liabilitv Indemnification

The CONSULTANT agrees to indemnify and hold harmless the STATE and all of its

officers, agents, and employees from and against any and all claims, liabilities, or suits

arising from (or which may be claimed to arise from) any negligent acts or omissions of

the CONSULTANT or its subconsultants in the performance of professional services

covered by this AGREEMENT.

c. These covenants shall survive the termination of the AGREEMENT. Notwithstanding the

foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign

immunity of the STATE, which immunity is hereby reserved by the STATE.

25

ARTICLE IV

3. Insurance

a. Required Coverage

The CONSULTANT shall, at its sole expense, obtain and maintain in force the following

insurance:

1. Commercial or comprehensive general liability insurance, including contractual

coverage, for all claims of bodily injury, death, or property damage, in policy amounts

of not less than $250,000 per occurrence and $2,000,000 in the aggregate (STATE to

be named as an additional insured); and

2. Comprehensive automobile liability insurance covering all motor vehicles, including

owned, hired, borrowed, and non-owned vehicles, for allclaims of bodily injury, death,

or property damage, in policy amounts of not less than $500,000 combined single limit;

and

3- Professional liability (errors and omissions) insurance coverage of not less than

$2,000,000 in the aggregate. If coverage is claims made, the period to report claims

shall extend for not less than three years from the date of substantial completion of the

construction contract. No retention (deductible) shall be more than $75,000; and

4. workers' compensaliun and employer's liability insurance as reCjuired by law.

b. Proof of Insurance

The policies described in paragraph (a) of this section and Section G shall be in the standard

form employed in the STATE, issued by underwriters licensed or approved by the

Department of Insurance of the STATE. Each policy shall contain a clause prohibiting

cancellation or modifications of the policy earlier than 30 days, or 10 days in cases of non

payment of premium, after written notice thereof has been received by the STATE. The

CONSULTANT shall provide to the STATE a certificate of insurance evidencing the

required coverages, retention (deductible), and cancellation clause prior to submittal of the

AGREEMENT to Governor and Council for approval and shall have a continuing duty to

provide new certificates of insurance as the policies are amended or renewed.

4. No Third-Party Rights

It is not intended by any of the provisions of the AGREEMENT to make the public, or.any

member thereof, a third-party beneficiary of the AGREEMENT, or to authorize anyone not a

party to this AGREEMENT to maintain a suit for personal injuries or property damage pursuant

to the terms or provisions of this Contract. The duties, obligations, and responsibilities of the

parties to this AGREEMENT with respect to third parties shall remain as imposed by law. No

26

ARTICLE IV

portion of this AGREEMENT shall be understood to be a waiver of the STATE'S sovereign

immunity.

5. Construction of AGREEMENT

This AGREEMENT is executed in a number of counterparts, each of which is an original and

constitutes the entire AGREEMENT between the parties. This AGREEMENT shall be

construed according to the laws of the STATE.

K. AGREEMENT MODIFICATION

The assignment of the CONSULTANT, generally established by the scope of work in this

AGREEMENT, shall not be modified in any way without prior approval of the Governor and Council.

L. EXTENSION OF COMPLETION DARE(S)

If, during the course of the work, the CONSULTANT anticipates that one or more of the completion

dates specified in this AGREEMENT cannot be met, it shall be the CONSULTANT'S responsibility to

notify the DEPARTMENT in writing at least ninety (90) days prior to the completion date(s) in

question. The CONSULTANT shall state the reasons that a completion date(s) cannot be met and

request a revised date(s) for consideration by the DEPARTMENT.

1

M. TITLE VI (NONDISCRIMINATION OF FEDERALLY-ASSISTED PROGRAMS^

COMPLIANCE

During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and

successors in interest agrees as follows:

(1) Compliance with Regulations: The CONSULTANT shall comply with Title VI of the Civil

Rights Act of 1964 regulations relative to nondiscrimination in federally-assisted programs of

the DEPARTMENT, such regulations entitled Title 49 Code of Federal Regulations, Part 21,

as they may be amended from lime to time (hereinafter referred to as the REGULATIONS),

and which are herein incorporated by reference and made a part of this AGREEMENT.

(2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the

AGREEMENT, shall not discriminate on the grounds of race, color, religion, age, sex,

handicap, sexual orientation, or national origin in the selection and retention of subconsultants,

including procurements of materials and leases of equipment specific to this project. The

CONSULTANT shall not participate either directly or indirectly in the discrimination

prohibited by Section 21.5 of the REGULATIONS, including employment practices when the

AGREEMENT covers a program set forth in Appendix B of the REGULATIONS.

(3) Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all

27

ARTICLE IV

solicitations either by competitive bidding or negotiation made by the CONSULTANT for

work to be performed under a subcontract, including procurements of materials or leases of

equipment specific to the project, each potential subconsultant or supplier shall be notified by

the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the

REGULATIONS relative to nondiscrimination on the grounds of race, color, religion, age, sex,

handicap, sexual orientation, or national origin.

(4) Information and Reports: The CONSULTANT shall provide all information and reports

required by the REGULATIONS or directives issued pursuant thereto, and shall permit access

to its books, records, accounts, other sources of information and its facilities as may be

determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to

ascertain compliance with such REGULATIONS, orders and instructions. Where any

information required of a CONSULTANT is in the exclusive possession of another who fails

or refuses to furnish this information, the CONSULTANT shall so certify to the

DEPARTMENT or the Federal Highway Administration, as appropriate, and shall set forth

what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of the CONSULTANT'S noncompliance with

nondiscrimination provisions of this AGREEMENT, the DEPARTMENT shall impose

sanctions as it or the Federal Highway Administration may determine to be appropriate,

including, but not limited to:

(a) withholding of payments to the CONSULTANT under the AGREEMENT until the

CONSULTANT complies; and/or

(b) cancellation, termination, or suspension of the AGREEMENT, in whole or-in part.

(6) The CONSULTANT shall take such action with respect to any subcontract or procurement as

the DEPARTMENT or the Federal Highway Administration may direct as a means of

enforcing such provisions, including sanctions for noncompliance, provided, however, that in

the event a CONSULTANT becomes involved in, or is threatened with, litigation with a

subconsultant or supplier as a result of such direction, the CONSULTANT may request the

DEPARTMENT to enter into such litigation to protect the interests of the STATE, and, in

addition, the CONSULTANT may request the United States to enter into such litigation to

protect the interests of the United States.

(7) 23 CFR 710.405(b) and Executive Order 11246 entitled "Equal Employment Opportunity," as

amended by Executive Order 1 1375 and as supplemented in Department of Labor

REGULATIONS (41 CFR Part 60), shall be applicable to this AGREEMENT and any

subagreements hereunder.

28

ARTICLE IV

(8) Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs

(1) through (7) in every subcontract, including procurements of materials and leases of

equipment specific to the project, unless exempt by the REGULATIONS, or directives issued

pursuant thereto.

In accordance with EXECUTIVE ORDER 11246, the DEPARTMENT has the authority and

responsibility to notify the Office of Federal Contract Compliance Programs of the United States

Department of Labor if they become aware of any possible violations of Executive Order 11246 and

41 CFR Part 60. The Office of Federal Contract Compliance Programs is solely responsible for

determining compliance with Executive Order 11246 and 41 CFR Part 60 and the CONSULTANT

should contact them regarding related compliance issues.

N. DISADVANTAGED BUSINESS ENTERPRISE POLICY REQUIREMENTS

1. Policy. It is the policy of the United States Department of Transportation (USDOT) to ensure

nondiscriminatory opportunity for Disadvantaged Business Enterprises (DBE's), as defined in

49 Code of Federal Regulations (CFR) Part 26, to participate in the performance of agreements

and any subagreements financed in whole or in part with Federal funds. Consequently, the

DBE requirements of 49 CFR Part 26 apply to this AGREEMENT.

2. Disadvantaged Business Enterprise fDBE) Obligation. The STATE and its CONSULTANTS

agree to ensure nondiscriminatory opportunity for disadvantaged business enterprises, as

defined in 49 CFR Part 26, to participate in the performance of agreements and any

subagreements financed in whole or in part with Federal funds. In this regard, the STATE and

its CONSULTANTS shall take all necessary and reasonable steps in accordance with 49 CFR

Part 26 to ensure that disadvantaged business enterprises have the opportunity to compete for

and perform work specified in the agreements. The STATE and its CONSULTANTS shall not

discriminate on the basis of race, color, religion, age, sex, handicap, sexual orientation, or

national origin in the award and performance of agreements financed in whole or in part with

Federal funds.

3. Sanctions for Non-Compliance. The CONSULTANT is hereby advised that failure of the

CONSULTANT, or any Subconsultant performing work under this AGREEMENT, to carry

out the requirements set forth in paragraphs 1 and 2 above, shall constitute a breach of

agreement and, after the notification of the United States Department of Transportation, may

result in termination of this AGREEMENT by the STATE or such remedy as the STATE deems

appropriate.

29

ARTICLE IV

O. DOCUMENTATION

The CONSULTANT shall document the results of the work to the satisfaction of the

DEPARTMENT and the Federal Highway Administration. This shall include preparation of progress

reports, plans, specifications, and estimates and similar evidences of attainment of objectives called for

in this AGREEMENT.

P. CLEAN AIR AND WATER ACTS

If the amount of the AGREEMENT or subcontract thereunder exceeds $100,000, the

CONSULTANT or subconsultani shall comply Vilh applicable standards, orders, or requirements

issued under Section 306 of the Federal Clean Air Act {43 U.S.C. 1857(h), Section 508 of the Federal

Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency

regulations (40 CFR Part 15), which prohibit the use under non-exempt Federal contracts, grants, or

loans of facilities included on the EPA List of Violating Facilities. The CONSULTANT or

subconsultant shall report violations to the FHWA and to the U. S. Environmental Protection Agency

Assistant Administrator for Enforcement (EN-329).

30

ATTACHMENT A

Special Contract Provisions for COVID-19

The CONSULTANT acknowledges and agrees that this AGREEMENT was entered into following the

coronavirus disease 2019 (COVID-19) outbreak. The CONSULTANT agrees that to the extent the

COVID-19 outbreak, or any federal, state or local orders, regulations, rules, restrictions, or emergency

declarations relating to COVID-19, disrupt, delay, or otherwise impact the Scope of Services to be

performed by the CONSULTANT as set forth in Article I of this AGREEMENT, any such disruption,

delay, or other impact was foreseeable at the time this AGREEMENT was entered into by the Parties and

does not excuse the Contractor's performance under this AGREEMENT. The CONSULTANT agrees that

any such impact, including any disruption to supply chains, workforce reductions, delays or interruptions

in performance, or other effects on businesses, are not the fault of the STATE and the CONSULTANT may

not seek damages against the STATE for any such impacts.

If the CONSULTANT experiences or nntir.ipntft.s.iny such COVID-19-related impacts to this

AGREEMENT, the CONSULTANT shall immediately notify the DEPARTMENT'S Contract Manager.

In the event of any C0VlD-19-re!ated impact or anticipated impact to this AGREEMENT, the Contract

Manager shall have the right to temporarily modify, substitute, or decrease the services, without the

approval of the Governor and Executive Council, upon giving written notice to the CONSULTANT. The

STATE'S right to modify includes, but is not limited to the right to modify service priorities, including how

and when services arc delivered, and expenditure requirements under this AGREEMENT so as to achieve

compliance therewith, provided such modifications are within the Scope of Services and cost limitations of

this AGREEMENT. By exercising any of the rights described within this subsection, the STATE does not

waive any of its right under this AGREEM ENT.

In the event that a modification by the STATE under this subsection would result in a permanent

reduction of services that cannot be supplemented during the remaining term of this AGREEMENT with

either replacement or substituted services of substantially similar value, the Parties shall submit a formal

amendment to this AGREEMENT with a commensurate reduction in the price. This amendment will

require the approval of the Governor and Executive Council. In order to facilitate reconciliation of services

performed under this AGREEMENT, the CONSULTANT shall submit weekly reports detailing the

following for any service not fully performed pursuant to the terms of the AGREEMENT;

1) The services required to be perfomied under the terms of this AGREEMENT as written;

2) The services actually performed;

3) Any replacement or substituted services performed with reference to the associated unperformed

contracted services.

^ Attachment 1

CERTIFICATION WITH REGARD TO THE PERFORMANCE OF,

PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO

THE EQUAL OPPORTUNITY CLAUSE AND THE FHJNG OF REQUIRED REPORTS

The CONSULTANT ^. proposed subconsultant, hereby certifies that it has ^ has not

participated in a previous contract or subcontract subject to die equal opportunity clause, as required by

Executive Order 11246 and that it has ^. has not, filed with the Joint Reporting Committee, the

Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering

agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the

qiplicable filing requirements.

CHA Consulting, Inc.

(Company).

D/ n\ ^ ^Bv:

li^a'rble J. H^nsley

Executive Vice President

(Title)

Date: December 7, 2022

Note: The above certification is required by the Equal Employment Opportunity Regulations of the

Secretary of Labor (41 CFR 60-1.7(bXl), and must be submitted by consultants and proposed

'subconsultants only in connection with contracts and subcontracts which are subject to the equal

opportunity clause. Contracts and subcontracts that are exempt from the equal opportunity clause are set

forth in 41 CFR 60-1.5. (Generally, only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-l) is the only report required by the Executive Orders or their

implementing regulations.

Proposed prime consultants and subconsultants who have participated in a previous contract or subcontract

subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(bXl)

prevents the award of contracts and subcontracts unless such consultant submits a report covering the

delinquent period or such other^ period specified by the Federal Highway Administration or by the Director,

Office of Federal Contract Compliance, U.S. Department of Labor.

(Revised: June, 1980) NOTE: TO BE COMPLETED BY CONSULTANT WHEN SIGNING

AGREEMENT.

Attachment 2

CONSULTANT DISCLOSURE STATEMENT

FOR PREPARATION OF

ENVIRONMENTAL EVALUATIONS

I hereby affirm that I have read and reviewed the Council on Environmental Quality (CEQ)

regulation [40 CFR 1506.5(C)] and related guidance issued by CEQ and that pursuant thereto this

firm has no financial or other interest in the outcome of this project.

I further hereby affirm that the information provided herein is true and correct and acknowledge

that any knovsdngly false statement or false representation as to any material part contained herein

may subject me to a fine and/or imprisonment, pursuant to pertinent provisions of the United States

Code.

/f

December 7, 2022

(Date) " (Signature)

Marble J. Hensley

Executive Vice President

Attachment 3

CERTmCATION OF CONSULTANT/SUBCONSULTANT

I hereby certify that I am the Executive Vice President and duly-

authorized representative of the firm of CHA Consulting, inc.,

and that neither I nor the above firm I here represent has:

(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other

consideration, any firm or person (other than a bona fide employee working solely for me or the

above CONSULTANT) to solicit of secure this Contract,

(b) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the

services of any firm or person in coimection with canying out the Contract, or

(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working

solely for me or the above CONSULTANT) any fee, contribution, donation or consideration of any^

kind for, or in connection with, procuring or carrying out the Contract:

I/WE do also, under penalty of peijuiy under the laws of the United States, certify that, except as noted

below, the company or any person associated therewith in the capacity of (owner, partner, director, officer,

principal investigator, project director, manager, auditor, or any position involving the administration of

Federal funds): (a) is not currently under suspension, debarment, voluntary exclusion, or deterinination of

ineligibility by any Federal agency; (b) has not been suspended, debarred, voluntarily excluded or

determined ineligibility by any Federal agency within the past three years; (c) does not have a proposed

debarment pending; and (d) lui not been indicted, convicted or had a civil judgment rendered against (it) by

a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three

years.

except as here expressly stated (if any):

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder

responsibility. For any exception noted, indicate below to whom it applies, the initiating agency, and dates

of action. Providing false information may result in criminal prosecution or administrative sanctions.

I acknowledge that this certificate is to be furnished to the State Department of Transportation and

the Federal Highway Administration, U. S. Department of Transportation, in connection with this Contract

involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws,

both criminal and civil.

December 7, 2022

(Date) ^ ^ (Signature)

Marble J. Hensley

Executive Vice President

Attachment 4

CERTIFICATION OF STATE DEPARTMENT OF TRANSPORTATION

T th., I th. ^ ^of

the Department of Transportation of the State of New Hampshire, and the above consulting firm or

its representatives has not been required, directly or indirectly, as an express or implied condition in

connection with obtaining or carrying out this Contract, to:

(a) employ or retain, or agree to employ or retain, any firm or person, or

(b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donatioii, or

consideration of any kind:

except as here expressly stated (if any):)^1 lg|

(Date) (Signature)

Attachment 5

CERTIFICATION FOR FEDERAL-AID CONTRACTS

EXCEEDING $100,000 IN FEDERAL FUNDS

The prospective participant certifies, by signing and submitting this agreement, to the best of his or

her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or empjoyee of

any Federal agency, a Member of Congress, an officer or employee of Congress, or an

employee of a Member of Congress in connection with the awarding of any Federal contract,

the making of any Federal grant, the making of any Federal loan, the entering into of any

cooperative agreement, and Ae extension, continuation, renewal, amendment, or modification

of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person

for. influencing or attempting to influence an officer or employee of aiiy Federal agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the

undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report

Lobbying," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for making

or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who

fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and

not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall

require that the language of this certification be included in all lower-tier subcontracts which exceed

$100,000 and that all such subrecipients shall certify and disclose accordingly.

Attachment 6

IN WITNESS WHEREOF the parties hereto have executed this AGREEMENT on the day and year first

above written.

Consultant

WITNESS TO THE CONSULTANT

By:

Stephen M. Minardi

Assistant Reoionaj Counsel

Dated: December 7. 2022

CONSULTANT, (kBy

Dl^arble J. H^^ley

Executive Vice President

(TITLE)

Dated- December 7, 2022

Department of Transportaticn

WITNESS TO THE STATE OF NEW HAMPSHIRE

By:

ITNESS TO THE SI AIE Oh NbW HAJ THE STATE OENEW HAMPSHIRE

By:

Director of Project Development

Dated: \

pyi, DOT COMMISSIONER

Dated:

Attorney General

This is to certify that the above AGREEMENT has been reviewed by this office and is approved as to form

and execution.

Dated: 33

^^/^^rfkant Attorney General

Secretary of State

This is to certify that the GOVERNOR AND COUNCIL on

AGREEMENT.

Dated: Attest:

By: _

approved this

Secretary of State

s:\admin\consuIt\master agrcenKnts\signpages(9).doc

State of New Hampshire

Department of State

CERTIFICATE

I. David M. Scanlan. Secretary of Slate of-the.State of New Hampshirc,,do.hereby certify ihat,.CHA,CONSULTING. INC. is.

a New York Profit Corporation registered to transact business in New Hampshire on June 09, 2011.1 further certify that all fees

and documents required by the Secretary of State's olTce have been received and is in good siariding as far as this office is

concerned; and the attached is a true-copy of the list-of documents on file in this office.

Bvisinoc!; 11): ft517tt2

Ccrlificulc Numbci. 000590S871

O

d)

(N TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 8th day of December A.D. 2022.

David M. Scanlan

Secretary of State

CORPORATE RESOLUTION

I, Thomas D. Tilsworth, Jr., hereby certify that I am duly elected Assistant Secretary of

CHA Consulting, Inc. I hereby certify that the following is a true copy of the a vote taken at a

meeting of the Board of Directors duly called and held on February 11, 2020, at which a quorum

of the Directors were present and voting.

VOTED: That the following individuals are duly authorized to enter into contracts of

agreements on behalf of CHA Consulting, inc. with the State of New Hampshire and ariy of its

agencies or departments and further is authorized to execute any documents which may in his/her

judgment be desirable or necessary to effect the purpose of this vote;'

Authorized Signatories Title

James B. Stephenson President

Marble J. Hensley Executive Vice President

Dom M. Bernardo Executive V.P. & CFO

Michael A. Platt Executive V.P. & General Counsel

I hereby certify that said vote has not been amended or repealed and remains in full force

f

and effect as of the date of the contract to which this certificate is attached. This authority remains

valid for one (1) year from the date of this Corporate Resolution. I further certify that it is

understood that the State of New Hampshire will rely on this certificate as evidence that the

person(s) listed above currently occupy the position(s) indicated and that they have full authority

to bind the corporation. To the extent that there are any limits on the authority of any listed

individuals to bind the corporation in contracts with the State of New Hampshire, all such

limitations are expressly stated herein.

IN WITNESS WHEREOF, I hereunto set my hand this day of December, 2022.

U.

^ Thomas D. Titsworth, Jr.• ^ ^

Jjr/ i- c Assistant Secretary

I"; SC.A1-; I

/\C(^RD- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OOnrYYY)

12/8/2022

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, (he pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on

this rftrtiflratft does not confer rights to the certificate holder In lieu of such endorsement(s).

PRODUCER

Ames & Gough

659 Willard Street

Suite 320

Quincy, MA 02189

(A/c'tL.Ext); (617) 328-6555 (iw.No):{617) 328-6888boston^amesgough.com

INSI IRFPfS) AFFORniNG r.nVFRAGE NAICf,....

INSURER A: PhoenIx Insurance ComDanv A-f-f, XV 25623

INSURED

CHA Consulting, Inc.

575 Broadway

Albany, NY 12207

INSURER a: Travelers Indemnity Comoanv, A-F+. XV 25658

INSURER c ■ Travelers Casualty Insurance Company of Amerlc19046

n • Berkshire Hathaway Specialty Insurance Company 22276

INKItRPR e;

INSURER F;. i

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.POLICY EFF POLICY EXPINSR

JJB. TYPE OF INSURANCE

COMMERCIAL GENERAL UA8IUTY

1 CLAIMS-MADE j X | OCCUR

GENT AGGREGATE LIMIT APPLIES PER:

POLICY '■PC

OTHER;

AUTOMOBILE LIABILITY

X ANY AUTO

OWNED

AUTOS ONLY

S ONLY

SCHEDULED

AUTOS

N<

Al

UMBRELLA LIAB

EXCESS LIAS

OCCUR

CLAIMS-MADE

OED X r^EMTIONS 10,000

WORKERS COMPENSATION

AND EMPLOYERS- LIABILITY

ANY PROPReTOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?Mandatory In Nh)

I In

IZ)

If y««. deacriba under

!d£sc " """SCRIPTON OF O PERATIONS below

0 jProfessional Liab

D I

ADDL

mao.

SUBR

WVD

630-7E170386

POLICY NUMBER

810-43407410

CUP-4S539836

UB-4S429322

47-EPP008429-04:47-EPP. 308429-04

fMM/nn/YYYYI

8/1/2022

8/1/2022

8/1/2022

8/1/2022

8/1/2022

8/1/2022

rMM/DD/YYYYl

8/1/2023 DAMAGE TO RENTED

ueREMlSES.(E8-©caic«nce)_

MEO EXP (Any one peraerQ

8/1/2023

8/1/2023

8/1/2023

8/1/2023

8/1/2023

UMITS

EACH OCCURRENCE

F^ERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT.(Ee.acddept)

BODILY INJURY (Per parson)

BODILY INJURY (Per accident)

lAMAGE

EACH OCCURRENCE

AGGREGATE

PER

STATUTE

OTH-

ER

E.L. EACH ACCIDENT

E.L. DISEASE • EA EMPLOYEE

E.L. DISEASE • POLICY LIMIT

Per Claim

Aggregate

1,000,000

500,000

15,000

1,000,000

2,000,000

2,000,000

1,000"

10,000,000

10,000,000

1,000,000

1,000,000

1,000,000

6,000,000

10,000,000

DESCRJPTIONOFOPERATIONS/LOCATIOHS/VEHICLES {ACORD101.AddltlonalRamai1(aSehadula.mayt>aatt*l>adlfmoraipeealar»qulrrt)

If Al box is checked, GL Endorsement Form #CGD604, Auto Al #CAT499 to the extent provided therein applies and all coverages are In accordance with the

policy terms and conditions.

RE: X-A004(686) Project 41590 Part B - Preliminary Design NH Route 101, Keene, NH

Certificate Holder shall be listed as additional Insured with respect to General, Auto, and Umbrella liability where required by written contract. $75,000 SIR on

the professional liability policy.

New Hampshire Department of Transportation

John O. Morton Building, 1 Hazen Drive

Concord, NH 03302

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WOH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

The ACORD name and logo are registered marks of ACORD

'c>se

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■■:v/j>^*i¥.

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i:i-*vs;S<f,<£i

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iser!

'sfj.f

ESJ

Note; UDAR survey, available from CRANtT will be utilized by CHA for tne four (4) Swanzey

Faaory Road alignments to evaluate alternatives. Ground survey wil be performed by GM2 for

the chosen preferred alignment only as noted in Section D.c.v. Survey Updates.

iesfifi

m

LEGEND

BASE SURVEY

^tri'sgpw'-

ALTERNATIVE WEST OF

STONE ARCH BRIOCE WITHIN

STATE OF NH PROPERTY

alternative east OF

STONE ARCH BRIDGE WITHIN

STATE OF NH PROPERTY

ALTERNATIVE APPROXIMATELY

TOO' WEST OF existing

INTERSECTION

ALTERNATIVE US iNG..CX i ST ING

SWANZEY FACTORY ROAD OR

alignment along (XD RAILROAD LINES

200 200 A 00

SCALE IN FEET

state of new HAMPSHIRE

OEPAftTMENT OF TRANSPORTATION BUREAU OF HIGHWAY DESIGN

SWANZEY FACTORY ROAD

ALTERNA TIVES

SURVEY LIMITS PLAN

plot Ifoufe 101 project.dqi> 41590

SIATC FROJECr NO. SMCCt tOTU