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Governor and Executive Council Agenda item PDF - 2026-05-20 - agenda 018

Document type: Other
Status: imported
Citation: Governor and Executive Council Agenda item PDF - 2026-05-20 - agenda 018
Date: May 20, 2026

Serving Councilors

Linked by service date; this is not an individual vote unless the official source says so.

Joseph Kenney District 1 Serving councilor
Karen Liot Hill District 2 Serving councilor
Janet L. Stevens District 3 Serving councilor
John Stephen District 4 Serving councilor
David K. Wheeler District 5 Serving councilor

Meeting Date: 2026-05-20
Attachment Kind Label: Agenda item PDF
Attachment Relation: primary_meeting_attachment
Agenda Numbers: 018
Agency Names: Department Of Transportation
Parent Meeting Title: Governor and Executive Council meeting - 2026-05-20

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 · dot.nh.gov

The State of New Hampshire

Department of Transportation

David Rodrigue, P.E.

Commissioner

Michelle L. Winters

Deputy Commissioner

Her Excellency, Governor Kelly A. Ayotte Bureau of Highway Design

and the Honorable Council April 1, 2026

State House

Concord, New Hampshire 03301

Requested Action

Authorize the Department of Transportation to enter into an Agreement with WSP USA, Inc., Merrimack,

New Hampshire, Vendor #174796, for an amount not to exceed $2,201,358.23, for final design and

associated environmental services to continue with the Preliminary Design Consultant for Final Design

Services in the Town of Hooksett, NH, effective upon Governor and Council approval through June 30,

2031. 100% Federal Funds.

Funds are available in the following account for Fiscal Year 2026, and are anticipated to be available in

Fiscal Years 2027, 2028, 2029, and 2030, upon the availability and continued appropriation of funds in

the future operating budget(s), with the authority to adjust encumbrances between fiscal years within

the price limitation through the Budget Office, if needed and justified:

04-096-96-963515-3054 FY 2026 FY 2027 FY 2028

Consolidated Federal Aid

046-500464 Gen Consultants Non-Benefit $ 300,000 $ 500,000 $ 500,000

FY 2029 FY 2030

$ 500,000 $ 401,358.23

Explanation

The Department requires professional engineering, surveying, and environmental consulting services

under said project for the preparation of environmental documents, engineering plans and reports, and

other work as needed to progress through the environmental review and public outreach process for this

project. This agreement is included in the State’s Ten-Year Transportation Improvement Plan (Hooksett

29611).

On May 6, 2020, the Governor and Executive Council authorized the Preliminary Design Agreement (Item

#52, copy attached) for consulting engineering and environmental services to study improvements to US

Route 3 in Hooksett from Alice Ave/West Alice Ave to the intersection of NH 27 (Whitehall Road)/Martins

Ferry Road, a distance of approximately 1.4 miles. The Department reserved the right to either negotiate

a scope and fee for the Final Design services or terminate the contract. Since the firm of WSP USA, Inc.

has satisfactorily completed the preliminary design services for this project, the Department proposes to

continue with this firm to perform the final design.

Final Design services include professional engineering, surveying, and environmental consulting services

under said project for the preparation of environmental permit documents, engineering plans and

reports for construction, and construction services for the Hooksett 29611 project, which involves

improvements to US 3/NH 28 in the Town of Hooksett to include widening, intersection modifications

and bicycle and pedestrian facilities.

The Consultant has done a commendable job with the Preliminary Design work and environmental

evaluation that has been completed to date and in on track to complete this assignment by the end of

the contract period. The Consultant has indicated that they wish to continue with Final Design and that

they have the staff and resources readily available to complete this assignment. For these reasons, and

based on the successful performance to date, the Bureau of Highway Design requested and received

approval to continue with the Consultant for Final Design and Construction Services. The Consultant

Committee met on September 28th, 2023, to discuss the project and the Consultant’s performance to

date for this project. After considering their past performance, current workload with the Department,

and suitability for this assignment, the Committee voted to recommend that the Consultant be retained

to continue with Final Design for this assignment.

WSP USA, Inc., has agreed to furnish the professional engineering services for an amount not to exceed

$2,246,392.43 for the Final Design effort. 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

project funding is 80% Federal funds with 20% State match. Turnpike toll credits are being utilized for

New Hampshire’s match requirement, effectively using 100% federal funds.

This Agreement (Hooksett 29611) 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 Secretary 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.

The Department of Transportation has determined that the Consultant is in good standing with the

Secretary of State’s Office, has secured the required levels of insurance, and has provided evidence of

authority to execute and be bound by the contract. Documents supporting these assertions are available

at the agency, for review upon request.

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

outlined above.

Sincerely,

David M. Rodrigue, PE

Commissioner

Attachments

HOOKSETT

X-A004(199)

29611

FINAL DESIGN

Contents

AGREEMENT EXECUTION ATACHMENTS................................................................................................................ 2

PREAMBLE................................................................................................................................................................... 1

ARTICLE I - DESCRIPTION OF PROFESSIONAL SERVICES TO BE RENDERED................................................... 2

A. LOCATION AND DESCRIPTION OF PROJECT.............................................................................................. 2

B. GENERAL SCOPE OF WORK......................................................................................................................... 2

C. MATERIALS FURNISHED BY THE DEPARTMENT OF TRANSPORTATION................................................... 4

D. WORK SCHEDULE AND PROGRESS REPORTS........................................................................................... 5

E. SUBMISSION OF REPORTS, PLANS AND DOCUMENTS............................................................................ 5

F. DELIVERABLES............................................................................................................................................... 6

G. QUALITY CONTROL....................................................................................................................................... 7

H. SCOPE OF WORK (CONSTRUCTION SERVICES)........................................................................................ 8

I. DATE OF COMPLETION................................................................................................................................. 8

ARTICLE II – COST PLUS FIXED FEE CONPENSATION OF CONSULTANT........................................................... 9

A. GENERAL FEE................................................................................................................................................. 9

B. LIMITATION OF COSTS................................................................................................................................ 11

C. PAYMENTS.................................................................................................................................................... 11

D. INDIRECT COST RATE SUBMISSIONS........................................................................................................ 11

E. RECORDS, REPORTS AND FINAL AUDIT.................................................................................................... 12

ARTICLE III – GENERAL PROVISIONS..................................................................................................................... 14

A. HEARINGS, ETC........................................................................................................................................... 14

B. CONTRACT PROPOSALS............................................................................................................................. 14

ARTICLE IV – STANDARD PROVISIONS.................................................................................................................. 15

A. STANDARD SPECIFICATIONS..................................................................................................................... 15

B. REVIEW BY STATE AND FHWA – CONFERENCES – INSPECTIONS.......................................................... 15

C. EXTENT OF CONTRACT............................................................................................................................... 15

D. REVISIONS TO REPORTS, PLANS OR DOCUMENTS................................................................................. 17

E. ADDITIONAL SERVICES............................................................................................................................... 17

F. OWNERSHIP OF PLANS.............................................................................................................................. 18

G. SUBLETTING................................................................................................................................................. 18

H. GENERAL CONPLIANCE WITH LAWS, ETC............................................................................................... 19

I. BROKERAGE................................................................................................................................................. 19

J. CONTRACTUAL RELATIONS....................................................................................................................... 20

K. AGREEMENT MODIFICATION..................................................................................................................... 22

L. EXTENSION OF COMPLETION DATE(S)..................................................................................................... 22

M. TITLE VI (NONDISCRIMINATION OF FEDERALLY-ASSISTED PROGRAMS) COMPLIANCE.................... 22

N. DOCUMENTATION....................................................................................................................................... 24

O. CLEAN AIR AND WATER ACTS.................................................................................................................... 24

ATTACHMENTS

A. SCOPE OF SERVICES FOR FINAL DESIGN SERVICES Prepared by WSP USA, Inc.

dated October 23, 2025.

AGREEMENT EXECUTION ATACHMENTS

1. CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR

SUBCONTRACTS, ETC.

2. CONSULTANT DISCLOSURE STATEMENT FOR PREPARATION OF ENVIRONMENTAL

EVALUATIONS

3. CERTIFICATION OF CONSULTANT/SUBCONSULTANT

4. CERTIFICATION OF STATE DEPARTMENT OF TRANSPORTATION

5. CERTIFICATION FOR FEDERAL-AID CONTRACTS EXCEEDING $100,000 IN FEDERAL

FUNDS

6. SIGNATURE PAGE

7. CERTIFICATION OF GOOD STANDING

8. CERTIFICATION OF AUTHORITY/VOTE

9. CERTIFICATION OF INSURANCE

PREAMBLE

in the year 2026 by and between

COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the

COMMISSIONER, acting under Chapter 228 of the Revised Statutes Annotated, and WSP USA, Inc.,

with principal place of business at 10 Al Paul Lane, in the city of Merrimack, State of New

Hampshire, hereinafter referred to as the CONSULTANT, witnesses that:

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

DEPARTMENT, proposes to continue with the CONSULTANT for the Final Design portion of the

Hooksett project which involves improvements to US 3/NH 28 in the Town of Hooksett to include

widening, intersection modifications and bicycle and pedestrian facilities. The project begins at

Alice Ave/W. lice Ave and extends 1.4 miles to the intersection of NH 27/Martins Ferry Road.

The DEPARTMENT requires professional engineering, surveying, and environmental consulting

services under said project for the preparation of environmental documents, engineering plans

and reports, and other work as needed to progress through the environmental review and public

outreach process for this project. These services are outlined in the CONSULTANT'S Scope of

Services dated August 19,2025, and Fee Proposal dated August 19,2025. The Scope of Services

is included in this AGREEMENT as Attachment A. The Fee Proposal is hereby adopted by

reference and considered to be part of this AGREEMENT.

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

AGREEMENT

FOR PROFESSIONAL SERVICES

HOOKSETT

X-A004(199)

29611

FINAL DESIGN

THIS AGREEMENT made this day of.

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

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 a ccordance

with conditions and terms hereinafter set forth:

A. LOCATION AND DESCRIPTION OF PROJECT

This project involves Final Design portion of the Hooksett project which involves

improvements to US 3/NH 28 in the Town of Hooksett to include widening, intersection

modifications and bicycle and pedestrian facilities. The project begins at Alice Ave/W. lice Ave

and extends 1.4 miles to the intersection of NH 27/Martins Ferry Road.

B. GENERAL SCOPE OF WORK

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

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

Final design will need to be completed subsequent to the completion of the preliminary

phase, including all tasks for the following efforts:

1. Roadway final design services associated with the selected alternative.

2. Structural design, including retaining walls.

3. Environmental and hazardous materials permitting.

4. Drainage design, including hydraulics, pollutant loading and construction stormwater

assessments.

5. Construction traffic control and constructability evaluations.

6. Right-of-way impact plan development.

7. Project management.

8. Construction support services.

9. Final design of roadways, intersections, traffic features, bridges and other necessary

design elements.

10. Design of ancillary structures.

11. Develop a Traffic Control Plan that is acceptable and economical for travelers.

12. Consider construction phasing, constructability, and construction access.

13. Assist the Department with public involvement, including preparation of illustrative

plans and exhibits for any meetings.

ARTICLE I

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 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 D EPARTMENT, 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 sedimentation control; traffic control; water-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

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

any meetings or conferences held by the DEPARTMENT. 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 standards, including published Design Manuals,

Guidelines, Directives and Design Memoranda, and the most current Standard Plans for Road

Construction, except as otherwise approved.

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

independently checked by members of the CONSULTANT'S 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

confirm all computations and design calculations in its deliverables. The CONSULTANT shall

furnish all study plans, work plans, alternate studies, and estimates indexed in accordance with

DEPARTMENT procedures.

Where applicable, the CONSULTANT'S Licensed Professional Engineer stamp for the State

of New Hampshire shall appear on the construction plans, reports, and other documents that

will be submitted to the DEPARTMENT in accordance with RSA 310-A. Stamps shall be those of

ARTICLE I

the professional engineers who prepared them or under whose direct supervisory control they

were prepared.

C. MATERIALS 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 information 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/D library, upon request by the CONSULTANT, in accordance with the

current DEPARTMENT CAD/D Procedures and Requirements.

2. Right-of-Way data: Any additional information 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.) wil l 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, if applicable.

7. Traffic count data, if applicable.

8. The DEPARTMENT’s latest high -resolution color aerial photography (which is geo -

referenced and ortho-rectified).

9. Latest bridge inspection reports, if applicable.

10. Conceptual design and layout of highway lighting (temporary and permanent), if available

and applicable.

ARTICLE I

11. Conceptual design and layout of ITS features, if applicable.

D. WORK SCHEDULE AND PROGRESS REPORTS

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

provided.

The CONSULTANT shall begin performance 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 CONSULTANT'S control.

The CONSULTANT'S 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 future, can be met.

The CONSULTANT shall report progress to the DEPARTMENT in conjunction with

DEPARTMENT’S Standardized Invoicing process. Invoices are encouraged to be submitted

monthly, and at a minimum they 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.

E. SUBMISSION OF REPORTS, PLANS AND DOCUMENTS

The submissions shall be in accordance with the attached Scope of Work. Each submission

shall be supplemented with such drawings, illustrations, and descriptive matter as are

necessary to facilitate a comprehensive understanding and review of proposed concepts and

designs. 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.

Upon request from the DEPARTMENT, the CONSULTANT shall turn over all documentation,

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

documentation in their original format and in the format submitted to the DEPARTMENT.

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

ARTICLE I

F. 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 fully 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

Requirements 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 under the “ CAD/D Downloads” tab at CAD/D | Department of

Transportation.)

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.

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.

ARTICLE I

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., MicroStation

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

Acrobat (*.pdf) file format.

Website Information:

All external NHDOT web content created under this AGREEMENT shall meet the accessibility

requirements of the Americans with Disabilities Act (ADA) Title II: web content accessibility

guidelines (WCAG) 2.1, level AA or Higher, as stated in the New Hampshire Information

Technology Accessibility Policy.

Web content means the information and sensory experience to be communicated to the

user: websites and pages, web apps, videos, documents, social media, etc., and mobile

applications.

Compliance requirements can be found at Web Content Accessibility Guidelines (WCAG)

2.1. Additional resources can be found at Fact Sheet: New Rule on the Accessibility of Web

Content and Mobile Apps Provided by State and Local Governments | ADA.gov

Upon request of the DEPARTMENT, 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.

G. QUALITY CONTROL

The CONSULTANT shall be the Engineer-of-Record for this work, as such the CONSULTANT

shall be responsible to ensure that the design and supporting documentation is accurate,

checked, and thoroughly reviewed prior to each submission. DEPARTMENT staff will r eview the

CONSULTANT’S submissions to ensure that DEPARTMENT objectives are being met and standard

practices and procedures are adhered to. It is the CONSULTANT’s and the Engineer-of-Record’s

responsibility to ensure the design is complete, accurate and me ets all DEPARTMENT

requirements.

The DEPARTMENT will reject any data that does not comply with the above. The DEPARTMENT

will decide when the data and services have fully met the project requirements. The CONSULTANT

will not be paid for insufficient work, unless corrected within a reasonable time.

The CONSULTANT’s designated Quality Control personnel shall sign-off on each submission

prior to transmittal to the DEPARTMENT. The CONSULTANT shall, upon request, provide to the

ARTICLE I

DEPARTMENT any and/or all Q uality Control documentation pertaining to work efforts on the

project.

H. SCOPE OF WORK (CONSTRUCTION SERVICES)

Render interpretations, as necessary, of the contract plans and specifications and submit

recommendations for necessary modifications in either or both and, upon approval of

recommendations by the DEPARTMENT, revise the contract plans and specifications to cover

same and prepare other detailed drawings as may be needed to supplement the contract plans

in order to permit the proper completion of the project.

Review, check and approve all working drawings (including overhead sign structures and

ITS devices) prepared by OTHERS including the construction contractors or their

subcontractors subject to the provisions of Section 105 for the purpose of checking for

conformance with the information given and the design concept expressed in the Contract

documents.

A New Hampshire Licensed Land Surveyor shall set monuments at corners and points of

curvature along the proposed right of way. The type of monuments will be reviewed and

approved by the NHDOT prior to installation.

I. DATE 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

June 30. 2031, (approximately 60 months from the date of approval by the Governor and

Council).

The Final Design completion date shall coincide with the construction contract award date

of the project, currently estimated to be January 13th, 2031. After this date only Construction

Services shall be permitted.

ARTICLE II

ARTICLE II – 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

terms of this 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 port ion of non -

exempt employees’ salary rates shall not be adjusted. Engineers are not

eligible for overtime premium rates.

Direct salary costs are estimated at:

$642,113.41

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 December 31, 2024, 137.81% shall be

used for invoicing for the life of the AGREEMENT.

Overhead costs are estimated at:

$884,896.50

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:

$152,700.99

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

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

ARTICLE II

reproductions and travel not included in normal overhead expenses. The

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

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

exceed that allowed in the Federal Acquis ition 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:

$505,594.49

5) Reimbursement for potential unpaid indirect costs, 2.5% of the direct labor

total, should the DEPARTMENT owe the CONSULTANT funds, and the

negotiated funds have been exhausted at the time of reconciliation. These

funds are added after profit and shall not be reallocated for any reason.

Indirect Cost Rate Reconciliation:

$16,052.84

AGREEMENT NOT-TO-EXCEED TOTAL $2,201,358.23

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. Reallocations

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 $2,201,358.23, the sum

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

and manhour estimates of 9,792 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 (1) year, the general fee may be renegotiated a nd 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.

ARTICLE II

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 II, 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.

C. PAYMENTS

PAYME Monthly payments on account of services rendered under this AGREEMENT will be

made upon submission of invoices by the CONSULTANT to the DEPARTMENT. The

CONSULTANT shall follow the DEPARTMENT’S Standardized Invoicing format. The

CONSULTANT shall invoice m onthly for work performed in order to not accrue undue

outstanding liability to the DEPARTMENT. 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 determined by Final Audit for

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

D. INDIRECT COST RATE SUBMISSIONS

The 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:

ARTICLE II

• 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 4470.1A.

• 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.

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

DEPARTMENT as a prime consultant or subconsultant.

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-InternalAudit@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 three (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).

ARTICLE II

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 t hey will be

approved as direct or indirect costs.

All costs as described in Article II Section A.1 through A.5 are to be determined by actual

records kept during the term of the AGREEMENT, which are subject to Final Audit by the STATE

and Federal Governments. The final payment, and all partial payments m ade, 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.

ARTICLE III

ARTICLE III – 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 execut ion of a

construction contract or contracts.

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

Construction of the DEPARTMENT; A Policy 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 Administration deems appropriate.

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

Highway Administration representatives is 10 Al Paul Lane, Merrimack, New Hampshire.

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.

ARTICLE IV

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

CONSULTANT 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 performed 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 trust ee 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 substantial 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 forthwith, 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

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

ARTICLE IV

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 hereinaft er

provided:

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

or documents that revise engineering or other factors specifically approved, thereby

necessitating revisions of the contract plans or documents, or,

2. When applicable, if during the term 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 C ONSULTANT 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

ARTICLE IV

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 AGR EEMENT,

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, 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 services, etc.,

the minimum limits of their professional liability (errors and omissions) insurance coverage shall

be not less than $2,000,000 in the aggregate, with a deductible of no t more than $75,000. For

subconsultant contracts with less risk, e.g., wetland evaluations, materials inspection and

ARTICLE IV

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 (errors 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 l iability 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 ag gregate, 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 facili ties and services

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

cause minimum interruption to said facilities and services.

I. 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 warran ty, 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.

ARTICLE IV

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 Liability 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 Liability 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.

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 all claims of

ARTICLE IV

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’ compensation and employer’s liability insurance as required 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 da mage

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 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.

ARTICLE IV

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 DATE(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.

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 time 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 empl oyment

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 solicitations either by competitive bidding or negotiation made by the CONSULTANT

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

ARTICLE IV

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 11375 and as supplemented in Department of Labor

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

subagreements hereunder.

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. 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 attainmen t of

objectives called for in this AGREEMENT.

O. CLEAN AIR AND WATER ACTS

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

CONSULTANT or subconsultant shall comply with 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).

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P a g e

A. SCOPE OF WORK (GENERAL).................................................................................................................. 2

B. SCOPE OF WORK (GEOTECHNICAL)..................................................................................................... 2

C. SCOPE OF WORK (ENVIRONMENTAL)................................................................................................. 2

D. SCOPE OF WORK (FINAL DESIGN)....................................................................................................... 13

E. SCOPE OF WORK (UTILITIES).................................................................................................................. 21

Utility Coordination................................................................................................................................................ 21

Subsurface Utility Engineering (SUE).................................................................................................................... 22

Utility Assumptions................................................................................................................................................ 23

F. SCOPE OF WORK (PUBLIC PARTICIPATION)........................................................................................ 24

Final Design Public Participation Efforts............................................................................................................... 24

G. MATERIAL FURNISHED BY THE DEPARTMENT OF TRANSPORTATION....................................... 25

H. SUBMISSION OF REPORTS, PLANS AND DOCUMENTS...................................................................... 27

I. SCOPE OF WORK (CONSTRUCTION SUPPORT SERVICES)................................................................ 37

Construction/RFI Review....................................................................................................................................... 37

Shop Drawings........................................................................................................................................................ 37

Engineer of Record Design Review........................................................................................................................ 37

August 19,2025

Attachment A: Scope of Services for Final Design Services

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A. SCOPE OF WORK (GENERAL)

The scope of the work involves support for the publ ic hearing, preparation of the final

NEPA document, environmental permitting applications, right-of-way acquisitions and final

design and preparation of contract plans, specifications, and estimates for the layout described

above, approved at the Public Hearing and documented in the Final Environmental Document.

Designs shall consider temporary and permanent eros ion control measures and Best

Management Practices (BMPs) consistent with current New Hampshire Department of

Environmental Services (NHDES) guidelines, traffic control measures, utility coordination,

drainage, and treatments to minimize environmental impacts, highway signage, traffic

analysis, signal and signal coordination, pavement markings, lighting, structural services, and

highway landscaping.

B. SCOPE OF WORK (GEOTECHNICAL)

The geotechnical program required for the project w ill be completed by another

CONSULTANT.

The scope of work of this project is to incorporate the following recommendations

provided by this other Consultant into the project design: roadway structural section, ledge

limits, underdrain locations, traffic signal foundations, Messer Brook culvert foundation, and

retaining wall foundations.

The CONSULTANT will also provide stations and offsets for geotechnical investigation

locations in an excel file that will be provided by the DEPARTMENT.

Assumptions

• Two (2) meetings will be held between the CONSULTANT, the DEPARTMENT

and the geotechnical Consultant to discuss the geotechnical recommendations for

this project.

C. SCOPE OF WORK (ENVIRONMENTAL)

The CONSULTANT shall be responsible for the following:

1. Environmental Permitting:

The CONSULTANT shall be responsible for the prepara tion of the following

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environmental permits applications and supporting documentation:

a. NHDES Dredge and Fill (assumed as Major Impact) whi ch will also serve

for the USACE Section 404 State Programmatic General Permit application.

b. NPDES MS4/AOT compliance memo demonstrating that the project meets the

Part 2.3.6 of NH MS4 General Permit and Env-Wq 1507.03 of the AOT

regulations to the maximum extent possible. A full pollutant loading analysis will

not be required for this corridor redevelopment. Ho wever, a compliance memo

will be developed at the Slope and Drain submission and revised at PPSE.

c. Information supporting submittal of a NPDES Construction General Permit

(CGP) notice of intent. The DEPARTMENT and/or Contr actor will submit

this permit.

2. Environmental Documentation:

a. Wildlife/Endangered Species

i. The CONSULTANT will update the NHB data request (1 year

expiration) prior to the permit application and ant icipates one (1)

consultation meeting with NH Fish & Game for coordi nation under

NH Fis rules.

ii. The CONSULTANT shall perform field survey to confir m whether

the rare species mentioned in the latest NHB respon se letter -

common star-grass (Hypoxis hirsuta), licorice golde nrod (Solidago

odora), and clasping milkweed (Asclepias amplexicau lis) - are

present in the project area. Surveys should occur f rom mid-June to

early August (when these plants are identifiable) in suitable habitat

in all proposed impact areas including areas used f or the staging of

equipment.

If present, the location of the rare plants shall b e documented with

GPS, shapefiles, diagnostic photos, and one of the reporting forms

posted on the NH NHB website at:

https://www.nhdfl.dncr.nh.gov/natural-heritage/environmental-

reviews.

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If the target rare plants are not found, a brief su rvey report/memo

shall be prepared. This will include the date of th e survey, name of

surveyor, map and photos of survey area, and a list of the dominant

species observed.

iii. The CONSULTANT will update the USFWS IPaC. Informal

consultation with USFWS and a letter to describe the habitat, explain

the project impacts and proposed conservation recom mendations

will be necessary. Coordination with the DEPARTMENT will also

be necessary prior to the informal consultation with USFWS.

b. Acoustic Survey

The CONSULTANT shall conduct a Phase 1 habitat scre ening and a Phase 2

presence/absence survey following the current U. S. Fish and Wildlife Service’s

Range-wide Indiana Bat and Northern Long-eared Bat Survey Guidelines. As

required by the Bat Survey Guidelines, potential bat habitat areas for linear elements

will be divided into unique (non-overlapping) one-k ilometer (km) segments. Four

detector nights per 1-km segment will be needed, ei ther two detectors will be

deployed at two locations within each 1 km segment for two nights for a total of four

detector nights per 1-km segment, or 1 detector per km for 4 nights. Project areas

smaller than 1 km will be buffered out to 1 km to m eet the linear project definition

in the Bat Survey Guidelines and to cover staging areas and nearby future work.

i. Phase 1: Habitat Screening/Study Plan

Areas that will require surveys will be identified using a desktop survey,

based on the current United States Fish and Wildlife service (“USFWS”)

Guidelines, which indicate that suitable summer hab itat for northern

long-eared bat (“NLEB”) and tricolored bat (“TCB”) include:

• Forests and woodlots containing potential roosts (i.e., live trees

and/or snags ≥3 inches diameter at breast height (“ dbh”) that have

exfoliating bark, cracks, crevices, and/or cavities).

• Non-forested habitats adjacent to suitable forests, such as emergent

wetlands and adjacent edges of agricultural fields, old fields and

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pastures.

• Linear features such as road and/or stream corridor s, fencerows,

riparian forests, and other wooded corridors with open tree canopies

or canopy height of more than 33 feet.

Based on the results of the desktop survey, the Consultant will submit a

study plan for Phase 2: Presence/Absence surveys to USFWS. The plan

will include details of, and an approval request for, any out-of-guideline

acoustic survey elements, such as PVC elbow protect ion of

omnidirectional microphones, or proposed survey locations/set-ups that

do not meet specific guidelines due to site-specifi c conditions. The

survey will not begin until the survey plan is approved by USFWS.

ii. Phase 2: Presence/Absence Acoustic Survey – Data Collection

Acoustic presence/absence surveys will be conducted during the

summer survey season (May 15 – August 15), using fu ll-spectrum

ultrasonic acoustic detectors (e.g., Wildlife Acoustic’s SM4 or similar).

Final sampling locations within the identified survey areas will be based

on a combination of factors including access, best site conditions to

deploy the equipment so that it will not be disturb ed and sampling the

best bat habitat available.

Detector set-up will adhere to specifications detai led in the current Bat

Survey Guidelines (or alternatives previously appro ved by USFWS in

the study plan), and the field surveys/data analyses will be conducted by

personnel trained and qualified to conduct their respective tasks.

Detector placement will be based on the guidance of fered in Appendix

C of the current Bat Survey Guidelines. The exact p lacement of the bat

detectors will be chosen in the field, based on loc al conditions within

each section designated for survey. In accordance w ith the current Bat

Survey Guidelines, the detector’s microphone will b e elevated above

ground level (AGL) vegetation a minimum of 3 meters, unless particular

site conditions require minor modification.

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Upon detector deployment, GPS coordinates of the acoustic monitoring

site will be recorded. The acoustic detectors will be checked upon

deployment, as well as retrieval, to ensure they are functioning properly

during every survey period. If possible, the microphones will be checked

for proper recording of sounds and archival of data onto the internal

drive/USB (e.g., finger snaps and/or AnaBat Chirper device.) All

detector settings including sensitivity, frequency, program recording

times, detector limits, and acoustic range will be verified upon

deployment.

Documentation of sampling locations will be verifi ed with multiple

field photos including the overview of the detector set-up and photos

showing the location of the detector in relation to the surrounding clutter

(i.e., vegetative debris), the detector and somethi ng for scale (e.g., a

vehicle, person), and a photo from the viewpoint of the detector showing

the cone of detection (i.e., sampling location in front of the microphone.)

Following the conclusion of the acoustic surveys, the equipment will be

collected. The acoustic data will be uploaded for data analysis, and, if

necessary, the equipment will be prepared for redep loyment at the next

segment. If during any night of data collection, the weather conditions

are unsuitable (as defined by the current Bat Survey Guidelines), or even

on the fringe of suitable conditions, the equipment will remain in place

until the appropriate level of effort has been reac hed. Data collected

during unsuitable weather nights will be included in the analysis.

All personnel deploying detectors in the field are to be fully trained to

identify suitable deployment locations and to ensur e all equipment

specifications are met to collect data in compliance with the current Bat

Survey Guidelines. Resumes of staff assisting with the acoustic survey

are to be provided to USFWS in the survey plan and to NHDOT with the

survey report.

iii. Call Analysis

Each acoustic file will be processed as required by the current Bat

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Survey Guidelines. All call files will be analyzed using a USFWS-

approved version of an automated bat call classific ation software

package (e.g., Kaleidoscope Pro). If NH state listed bat species presence

is considered unlikely by the approved and candidate program(s) used in

the analysis (based on MLE), then no further summer surveys are

recommended. Nights that do not meet the weather re quirements will

still be included in the acoustic analysis, includi ng manual vetting. A

qualitative analysis of all TCB calls will be condu cted if the automated

bat call classification software package identifies 10 or more calls as

TCB. If indicated by the MLE, state listed bat call s will be vetted. Any

calls that are confirmed by the bat acoustic expert will result in an

“acoustically positive” finding for that 1 km segme nt or non-linear

survey area.

Biologists trained in conducting acoustic analyses will be responsible

for qualitatively reviewing bat calls as specified in the Bat Survey

Guidelines with the goal of species identifications using the following

parameters:

• Long sequence with fully formed high-quality pulses in the

recording;

• Sequence represents a search phase call;

• Evidence that the maximum and low frequencies are captured; and

• Good signal-to-noise ratio.

iv. Reporting

After the survey is complete, the data collected will be summarized into

a final report. Survey results will be reported and mapped. Interim results

of the call analysis, including the MLE from the au tomated bat call

classification software prior to manual review, wil l be submitted to the

NHDOT and USFWS on the USFWS Reporting spreadsheet within 30

days of the final survey day. The CONSULTANT will c oordinate with

NHDOT as soon as nights with no bat calls are ident ified. The

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CONSULTANT will assess technical faults and redeplo y detectors if

discovered. NHDOT has found that it is very unusual with appropriate

detector settings and location to collect zero bat calls in NH on suitable

weather nights during the active season. The final report will be

submitted to NHDOT for review and edits to meet the USFWS final

report submission criteria. The final report will b e suitable for

submission to the USFWS and state agencies. This wi ll include field

photographs and GPS locations of all survey sites. A copy of the raw

data files will be provided to NHDOT with the final report (external hard

drive preferred). Study results will be uploaded to the North American

Bat Monitoring Program.

The report will detail all items identified in the current Bat Survey

Guidelines (Page 34-35 and the checklist on page 38), including the

following items:

• Full names of all personnel conducting acoustic sur veys and their

qualifications, including those that selected acous tic sites and

deployed detectors.

• Full name and resume of individual(s) conducting qu alitative

acoustic analyses and their qualifications.

• Description of acoustic monitoring sites, weather c onditions, and a

summary of findings.

• Table with information on acoustic monitoring and r esulting data,

including but not limited to: deployment data (i.e., deployment site,

habitat, date, time started, time stopped, orientat ion), detector GPS

coordinates for each detector, survey dates, durati on of survey, and

survey hours.

• Map identifying acoustic monitoring locations. Arro ws indicating

the direction of the microphones to be included.

• Photographs documenting the location of each detect or, the

orientation of the detector, and the intended sampl ing area. Include

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the detector and something for scale (e.g., vehicle, person).

• Description of acoustic detector brand(s) and model (s) used,

microphone type, use of weatherproofing, acoustic m onitoring

equipment settings (e.g., sensitivity, audio and data division ratios),

and call analysis methods used.

• A description of how proper function of bat detectors was verified.

• Discussion of what software program(s) was/were use d (including

settings).

• Acoustic detector log files renamed by site identifier.

• Acoustic analysis software program output/summary r esults by site

by night (i.e., number of calls detected, species c omposition, MLE

results, settings files).

• Discussion for any site/nights with zero bat calls (were additional

nights added? was detector functioning? was placeme nt

appropriate?).

• Discussion of how manual vetting was conducted.

• Detailed analysis and results of any qualitative ac oustic analysis

conducted on those projects where a program(s) cons idered NLEB

or TCB presence likely, including justification for rejecting any

program MLE results (if applicable). A table with e ach species ID

from the program(s), suggested species ID from manual vetting, and

rationale for any changes should be included.

• An executive summary of the findings, including the final list of

species positively identified.

• The acoustic survey plan will be appended.

c. Water Quality

The CONSULTANT shall incorporate water quality trea tment measures (e.g.,

treatment basins and swales) into the overall project design according to the guidance

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provided in the NHDES Alteration of Terrain regulat ions, and the 2025 New

Hampshire Stormwater Manual. NHDES BMP worksheets s hall be completed and

submitted as part of the Drainage Report. Low Impac t Development (LID) Best

Management Practices are not anticipated and have n ot been included as part of

project design.

As part of the drainage system design, infiltration measures shall be investigated and

evaluated as to their feasibility and prudency. Suc h measures would allow

stormwater to infiltrate back into the ground follo wing treatment. The groundwater

recharge requirement within NHDES AOT traditionally is not found to be feasible

on NHDOT linear roadway projects, therefore we assume a memo will be developed

documenting the recharge calculation and limitation s. Final design of groundwater

recharge measures is not included.

The CONSULTANT’S plans shall include all commitment s made in the

environmental documents.

d. Erosion Control

The CONSULTANT shall design the permanent erosion a nd sedimentation control

features and develop erosion control plans substant ially conforming to (NHDES)

PART Env-Wt 501.02. The plans shall include existing and finished grade contours

at 2-foot intervals, and erosion control strategies for the completed project condition.

The DEPARTMENT will submit the plans to NHDES, as part of the Wetland Permit

application. The plans shall be prepared in “roll p lan” and “cut sheet” format. The

plan package shall also include an erosion control strategy legend (developed by the

DEPARTMENT), drainage note sheets, traffic control phasing notes and a

preliminary construction schedule. The DEPARTMENT w ill assist the

CONSULTANT in the design of the perimeter erosion c ontrol strategies. The

information will also be included in the project Pr oposal for the Contractors’ use

during the bidding period.

The development of the Temporary Erosion Control an d Stormwater Pollution

Prevention Plan (SWPPP) (a permitting requirement d uring construction of the

project) shall not be the responsibility of the CON SULTANT. However,

recommended controls shall be addressed during the final design to the extent that

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appropriate items, quantities, and an appropriate l ayout are developed for bidding

purposes. Permanent erosion and sedimentation contr ol and water quality features

shall be shown at the Slope and Drain Plan submissi ons with design backup

calculations complete. The CONSULTANT shall furnish pre- and post-development

design calculations with Q2, Q10, Q25, Q50 and Q100 flows, and water quality

volumes, as appropriate.

e. FEMA/floodplains

To replace the existing Messer Brook culverts, FEMA coordination (two virtual

meetings and one plans/narrative submittal) will be required due the presence of

Zone AE downstream and Zone X upstream. It is assumed that the proposed structure

that will replace the existing culverts will mainta in the hydraulics of the existing

culverts and not impact downstream Zone AE base flo od elevations, downstream

culverts, and the Embassy Ave residential propertie s. Thus, it is anticipated that

FEMA will not require a CLOMR/LOMR and therefore th e preparation of these

documents has not been included in this scope.

f. Wetlands

The CONSULTANT shall carry out wetland delineations beyond what is available

from the preliminary design phase to support the final design of the project.

The CONSULTANT shall provide perennial stream cross ing standard compliant

designs, or alternative designs to meet the NHDES E nv-Wq 900 regulations to the

maximum extent practicable.

g. Invasive Species

The CONSULTANT shall verify the invasive plant spec ies delineations developed

during the preliminary design stage using GPS techn ology. Field work shall be

appropriately timed to coordinate with growing seas ons and contract advertising.

Specific areas for type I and II species where the plants are located shall be mapped

on the plans. The invasive species removal items sh all be quantified, estimated and

summarized for the PPS&E, PS&E and Final submissions.

h. Cultural Resources

The CONSULTANT shall evaluate the existing stone walls impacted by the project

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to determine whether any of them are eligible for r econstruction. The

CONSULTANT shall complete both the Project Stone Wa ll Rating and the

Individual Stone Rating Sheets (per Appendix A of 2017 NHDOT Stonewall Policy

Guidelines). It is assumed that none of the existin g stonewalls will qualify for

reconstruction.

i. Noise Mitigation

Based on the noise analysis done under NEPA, no noise mitigation is anticipated for

the project.

j. Hazardous Material/Contamination

A preliminary screening of potential sources of con tamination has been performed

during the preliminary design phase of this contract. The efforts assumed under this

scope of work are limited to coordination and communication with the Department

Environmental Consultant to support anticipated con tamination work such as, but not

limited to, in-depth contamination review, site inv estigation, and bid documents

preparation.

Assumptions:

• It is assumed that the NEPA Categorical Exclusion Checklist will be approved

prior to the execution of this contract. No updates to the NEPA document have

been included in this scope of work.

• Environmental Permitting: It is assumed that an NHDES Section 401 individual

water quality certificate is not required as Section 404 and the NPDES

Construction General Permit (CGP) include their own water quality certificate.

No individual ACOE or Shoreland permits will be required.

• Wildlife/Endangered Species/Invasive Species: It is assumed that 3 days of field

investigations will be required and that no endange red species will be found

within the project limits.

• Water Quality: It is assumed that no more than 3 stormwater treatment basins

will be required. In accordance with Part 2.3.6 of NH MS4 General Permit and

Env-Wq 1507.03 of the AOT regulations this project is classified as redevelopment,

therefore treatment shall be to the maximum extent practicable and no pollutant

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loading or BMP efficiency goals will need to be met.

• Wetlands: It is assumed that no more than 3 days of wetland field delineation

will be required. Wetland and conservation land mitigation will not be required

for this project; the CONSULTANT in conjunction with the DEPARTMENT

will calculate the in-lieu fee payment required.

• Cultural Resources: It is assumed that NHDHR will concur with Section 106

“No Adverse Effect” finding and that no additional historic/archeologic

investigations will be required in the final design phase of the project.

• Noise Mitigation: It is assumed that no noise mitigation measures will be

necessary other than Carrington Farms.

D. SCOPE OF WORK (FINAL DESIGN)

The scope of work proposed by this AGREEMENT includes:

1. The development of base plans by the CONSULTANT using updated ground survey

provided by the DEPARTMENT. It is assumed that no m ore than 3 survey updates

will be required in the final design phase.

2. The CONSULTANT shall develop plans at a scale of 1” = 50’, unless otherwise

noted. All signal design plans shall be at a scale of 1" = 20’. Additionally, the

CONSULTANT shall be prepared to produce intersection grading plans at a scale of

1" = 20’ where necessary, or as appropriate. It is assumed that 4 intersection grading

plans will be required (Alice Ave, Brace Ave, Silve r Avenue/Leonard Ave and

Mammoth Rd). No grading plan is anticipated at Martin’s Ferry/Whitehall Rd due to

the minor nature of the work at this intersection. The CONSULTANT shall be

responsible for the incorporation of environmental resource mapping, utility

information, right-of-way and property line informa tion, etc. Environmental

resource mapping and utility information will be pr ovided by the DEPARTMENT,

or as noted elsewhere in this document.

3. The refinement of the alignment, grades and interse ctions of the proposed

roadway(s) as shown on the preliminary conceptual designs.

4. The preparation of complete designs, including all plans, specifications for work not

included in the current specifications of the DEPAR TMENT, computations,

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estimates and documents for the required submission s to the DEPARTMENT, the

Federal Highway Administration and/or any other STA TE or Federal agency that

may be required.

5. The design and preparation of contract plans for co nstruction of the roadway,

structures, traffic control plans, construction pha sing plans, temporary and

permanent traffic signals (including phasing, condu it, signal coordination,

foundations, and other signalization items), retain ing walls, guardrail, drainage

facilities, temporary/ permanent erosion control me asures and related water quality

features, landscaping plans and appurtenances in ac cordance with the policy and

procedures of the DEPARTMENT and the provisions of this AGREEMENT.

6. The design of approximately 70 commercial/residential drives and the grading of up

to 3 private parking areas (Crown Trophy, Sam's Mechanical, Paquette).

7. The design of a proposed drainage system that shall convey runoff using a

combination of roadside ditches and closed drainage systems. Offsite drainage will

be designed to be separated from Route 3 drainage a nd bypassed via closed system

or culvert crossings matching existing drainage pat terns. Up to 12 bypass crossings

and 3 large BMPs will be analyzed in HydroCAD for p re- and post-development to

verify no downstream increase at discharge points. Route 3 drainage will be designed

to be collected and drain to BMPs for treatment to the maximum extent practicable.

Collectively up to 205 catch basins will be designe d and 70 existing catch basins

analyzed project wide as part of closed drainage systems analysis with ORD drainage

software. Temporary drainage will be designed and shown on the TCP plans only in

the corresponding phase it will be constructed. Up to 20 temporary drainage notes

will be designed and written as part of this scope. The temporary drainage will not

be displayed on the cross-sections and temporary pi pe profiles will not be provided

in the plan set. Drainage note labels will only be shown on the TCP plans and not on

the cross-sections. The work will include the desig n of 4 BMPs to meet NH MS4

General Permit for Redevelopment and NHDES requirem ents as well as associated

drainage facilities to minimize impacts to surface water quality and not degrade

waters around the project. It is assumed that three of the BMPs will be larger

detention basins while the fourth one will be a smaller facility (possibly a treatment

swale) located to the south of ProTechnologies parc el. It is anticipated that BMPs

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will be designed to treat and detain Route 3 runoff. No private development areas

will be taken into consideration for the design of these basins. Scope of the BMP

layout, design work and modeling iteration efforts are based upon the public hearing

plan layout.

8. It is anticipated that the project will impact the existing detention basin located on

the Trek property. The CONSULTANT will grade the ex isting basin to expand the

detention area and replicate the detention volume of the existing facility and maintain

use of the existing outlet control structure. It is assumed that no hydrologic analysis

or BMP routing/ design is required. It is also assumed that no redesign of the existing

parking lot will be required. The CONSULTANT scope does not include local or

State environmental permitting for this facility.

9. Replacement of the existing 48” twin concrete culve rts that are conveying Messer

Brook across the Mammoth Rd intersection to accommo date the proposed roadway

construction. It is expected that the replacement s tructure will be a reinforced

concrete box culvert of approximate size of 7’ x 6’. It is assumed that the culverts

that convey Messer Brook across Mammoth Rd by Zapor a Dr are not impacted by

this project. It is also assumed that the span of the proposed Messer Brook culvert

measured along the Route 3 centerline will be less than 10’ and therefore the structure

will not be considered a “bridge”.

The intent is to refine the preferred alternative p resented at the Natural Resources

Agency Meeting on 11/13/2024 that was developed in Preliminary Design. This

preferred alternative is expected to be an embedded precast concrete bottom 4-sided

box culvert with natural stream bottom and headwall s. It is also assumed that deep

foundations will not be required. The proposed culvert will be evaluated to meet the

NH Stream Crossing Rules. The hydraulics and result ant effects downstream of the

culvert will be determined and presented at a secon d Natural Resources Agency

meeting for concurrence. The design will consider c onceptual temporary and

permanent erosion control measures and Best Managem ent Practices (BMPs)

consistent with current NHDES guidelines to minimize environmental impacts.

The proposed culvert will be analyzed with the use of USACE HEC-RAS 1D model.

The model will include the downstream structures located at Vindale Road, a private

16 | P a g e

drive along Matthew Road, and Rusty Road. FEMA Zone AE cross sections and base

flood elevations will be utilized and adjusted to the project survey datum. The

downstream structures and channels will be reviewed to ensure they are not

adversely impacted by increasing the culvert capacity and the Route 3 crossing.

Field Reviews:

One field review will be held to determine design c onsiderations, review final

impacts and determine potential additional survey needs.

Culvert Analysis:

The hydrologic analysis performed in Preliminary De sign will be finalized for the

existing twin 48” culverts to determine the 2-year, 10-year, 50-year and 100-year

storm flows. The hydrologic model will be analyzed in HydroCAD using TR-55

methodology of the Natural Resources Conservation S ervice (NRCS) and a report

will be produced from the software. The FHWA method (Report No. FHWA-RD-

77-159: Runoff Estimates for Small Rural Watersheds) will be utilized as a

secondary hydrologic method to compare runoff for the existing culvert.

Hydraulic analyses will be performed to size the proposed culvert and determine the

headwater for the 2-year, 10-year, 50-year and 100- year storm events. Output from

the HEC-RAS software will be provided in the report noted above. A hydraulic

analysis will be performed on the existing twin 48” culverts to determine estimated

capacity flows for comparison of the 10-year, 50-year and 100-year storm events to

the proposed culvert. FEMA studies will be reviewed and compared to existing

culverts hydraulic capacity. An evaluation will be performed to determine elevations

of bypass flow at the culvert inlet along with upst ream impacts to developed

properties that could be damaged by a 100-year flood.

This task will also include layout of the headwalls, slope protection on each end and

the proposed stream bed material. A wildlife shelf will be shown, if needed, as part

of the stream simulation inside the structure to me et NHDES rules. The upstream

and downstream channels will be developed with grading. Required calculations for

energy dissipation, scour analysis and erosion prot ection of the channel and culvert

outlet will be performed.

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10. The CONSULTANT shall perform traffic analyses at th e intersections requiring

analysis and/or signal coordination, as may be requ ired. Signals will be retained at

the following intersections: Alice Ave and Martin’s Ferry Rd. The CONSULTANT

shall be responsible for the development of signal and signal coordination design and

plans for the opening-year peak hour volumes, inclu ding the method and means for

the interconnects within the coordinated system. Sy nchro and SimTraffic shall be

used in the development of the signal design and co ordination; the Consultant will

be expected to submit the Synchro and SimTraffic mo dels to the Department for

review and concurrence. At this time, AM and PM, as well as off-peak time of day

programs (runs) are anticipated. Updated traffic co unts including volume, vehicle

classification and speed will be obtained for the c orridor; locations will be

coordinated with the DEPARTMENT.

11. The development and incorporation of one vehicle co unt station including the

development of plans and specifications showing its integration into the Traffic Data

Management System (TDMS). Its specific location wil l be coordinated with the

DEPARTMENT.

12. The design and development of two (2) pedestrian hy brid beacons (PHBs) at the

proposed mid-block crosswalks at Silver Ave and Emb assy Ave. It is assumed that

these will be solar powered.

13. The design and development of all permanent guide, warning, and regulatory signs,

including the quantity summary sheets, with guidanc e from the DEPARTMENT.

Contract signing shall include site reviews and doc umentation of the existing

signing, including photographs. The permanent guide, warning, and regulatory signs

shall be progressed such that once reviewed and app roved by the DEPARTMENT,

the approved design can be incorporated into the PPS&E submission. All signing on

the plans shall be closely coordinated with the loc ation of guardrail installations,

slopes, utilities (including streetlights and under ground utilities) and drainage

systems to avoid conflicts and to determine which support system will be required to

install the signs. The CONSULTANT shall be responsi ble for identifying all

conflicts and for making necessary adjustments to highway signing.

14. The incorporation of the permanent construction sign and warning device summary

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(provided by the DEPARTMENT) into the quantity summary sheets. Up to ten (10)

special signs will be shown on the traffic control plans and sign text layout sheets.

Other standard signs/devices (e.g. work zone ahead, end work zone, lane

configuration/reduction, etc.) will not be shown on the contract plans.

15. The design and incorporation into the contract plans (including the quantity summary

sheets) of all temporary guide and regulatory signs, and permanent construction

signing required for construction staging. These si gns and locations shall be shown

on the Traffic Control Plans.

16. The design and development of all pavement marking layouts, item numbers, item

descriptions, and quantities for inclusion into the contract and appropriate summary

tables within the plan sets. The pavement markings shall be progressed such that the

design can be reviewed and approved by the DEPARTMENT for incorporation into

the PPS&E submission.

17. The design and preparation of contract plans for up to 10 retaining walls. The

retaining walls along Premier Auto and Anything Appliance (which are retaining the

Route 3 embankment) are assumed to be MSE walls. Th e other retaining walls are

assumed to be cantilever concrete walls.

18. The incorporation of utility relocations, as designed by the individual utility owner,

into the contract plans.

19. The incorporation of ITS elements designed by the DEPARTMENT into the contract

plans and documents. It is anticipated that video c ameras will be provided at the 3

signalized intersections. The CONSULTANT will add a few notes and symbols on

the traffic signal plans to illustrate this work.

20. The incorporation of Smart Work Zone elements desig ned by the DEPARTMENT

into the contract plans and documents. It is antici pated that one regional plan/map

will be prepared for the project by the DEPARTMENT.

21. Landscaping services featuring the development of plantings along the perimeter of

three (3) large water quality treatment basins. It is assumed that no landscaping

design will be required for any of the private properties impacted by the project.

22. Preparation of up to 10 iterations of presentation (colored) base plans at the Slope

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and Drainage, PPS&E and PS&E submissions.

23. Participation in up to fifteen (10) project team (OTS) meetings to discuss the design

development of the project. It is assumed that these meetings will be held in Concord

NH and will be attended by 2 WSP staff.

24. Participation in the following meetings that will be scheduled by the Department:

• 60% meeting (3 WSP staff in attendance)

• PPSE Turnover meeting (3 WSP staff in attendance)

• Two (2) TCC meetings (2 WSP staff in attendance)

• Pre-ad meeting (1 WSP staff in attendance)

• Two (2) Front Office meetings (1 WSP staff in attendance)

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

construction, such as foundation problems, earthwor k quantities, erosion and sedimentation

control, water quality treatment issues, constructi on phasing and complexity, utilities

affected, environmental, construction materials, et c. During all phases of design, the

CONSULTANT shall make a continuous effort to identify and minimize impacts on existing

and proposed utilities.

The CONSULTANT shall submit for review, as requeste d, progress prints (black line)

showing grades, cross-sections, special details, an d general design. Paper prints shall be

submitted upon request for soils studies, right-of-way use, evaluation of utility impacts, and

other purposes. The CONSULTANT shall incorporate the existing right-of-way information

into the base plans.

Designs shall conform to the current standards, spe cifications, policies and guidelines

enumerated in the Federal-Aid Policy Guide, Subchapter 6, Part 625, or to 23 Code of Federal

Regulations, Part 625 and the DEPARTMENT’S Design Manual and Standard Plans for

Road Construction (20 10), except as approved.

Data from survey notes shall be transcribed and plotted on base plans, profiles and cross-

sections as required, if not furnished by the DEPARTMENT under Article I-G.

It is assumed that 10 visits to the site shall be m ade during the final design to detect

changed field conditions and, if required, the DEPA RTMENT upon request will perform

additional surveys. The DEPARTMENT will process add itional survey requests to ensure

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continuity between new and current detail model files. The DEPARTMENT will incorporate

these files into the current detail base plans to i nclude all drafting, labeling, detailing, and

field checking of the detail. The CONSULTANT will u pdate the digital terrain models

(DTM).

The CONSULTANT shall examine which elements of desi gn, such as horizontal and

vertical alignments, typical sections, traffic control, earthwork utilization, drainage pipes and

structures, as well as soils suitability, might aff ect aerial and underground utilities. Any

conflict between design elements and utilities shall be identified and brought to the attention

of the DEPARTMENT. A special effort shall be made b y the CONSULTANT to modify

drainage features to avoid conflicts with underground utilities.

All plotting, drafting and calculations performed b y the CONSULTANT shall be

independently checked by members of the CONSULTANT' S staff other than those who

performed the original work. The work of each stage submission (including quantity

estimates) shall have been appropriately checked. The PS&E submission and final mylars

shall have had complete final and "three-way" checks.

The CONSULTANT shall verify all computations and de sign calculations. The

CONSULTANT shall furnish two (2) permanent, legible copies of the design calculations,

suitably bound, and when directed, all study plans, work plans, alternate studies, and

estimates indexed in accordance with DEPARTMENT pro cedures.

The CONSULTANT'S Licensed Professional Engineer sta mp 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 CONSULTANT’S Licensed Land Surveyor stamp for the State of New Hampshire

shall appear on the Right-of-Way Registry Plans tha t will be submitted to the Department.

Stamps shall be those of the professional surveyors who prepared the plans, or under whose

direct supervisory control they were prepared.

The final design shall be developed using the Bentley Open Roads software.

Assumptions:

• The DEPARTMENT will provide layout, special provisi ons and quantities for

the ITS elements to be incorporated into the contra ct documents by the

CONSULTANT at the PPSE and PSE submissions. It is a nticipated that the

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layout will be incorporated on the traffic signal plans only and that no additional

sheets will be necessary to show this work.

• The DEPARTMENT will provide layout, special provisi ons and quantities for

the Smart Work Zone elements to be incorporated int o the contract documents

by the CONSULTANT.

• No landscaping design will be provided for the medi an islands and no meetings

with the Town or property owners will be necessary to discuss landscaping

designs for the project.

• The DEPARTMENT will provide details and special provisions for the PHBs at

Silver Ave and Embassy Ave.

• No overhead sign structures will be needed for the project.

• It is assumed that all cantilever concrete retaining walls will have spread footing

foundations on compacted fill.

• It is assumed that other than the Carrington Farms retaining wall and the two

MSE walls at Premier Auto and Anything Appliance, the remaining cantilever

concrete retaining walls will be designed for the s ame controlling retained fill

height.

• Design revisions related to modifications to adjacent private properties that may

occur after the topographic survey used in the prep aration of the Slope & Drain

submission has been obtained are not included in this scope of work.

• The Construction Sign and Warning Devices summary will be developed by the

DEPARTMENT. The CONSULTANT will add the information provided by the

DEPARTMENT to the summary sheets.

E. SCOPE OF WORK (UTILITIES)

Utility Coordination

The utility coordination on this project will be do ne by the DEPARTMENT. The

CONSULTANT will assist the DEPARTMENT with minimal efforts as follows:

A. The CONSULTANT shall identify conflicts for each ut ility and highlight them

on PDF roll plots.

B. The CONSULTANT shall meet with the DEPARTMENT to review the conflicts

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prior to sending the relocation request to the Utility owners.

C. After meeting with the DEPARTMENT, the CONSULTANT s hall submit one

(1) set of highlighted plans, showing all utility conflicts, to the DEPARTMENT

(office copy).

D. Upon return of the relocation design from the Utility owner, the CONSULTANT

will verify the conflicts have been addressed in ac cordance with NHDOT

relocation policy.

E. The CONSULTANT shall meet with the DEPARTMENT to re view the utility

relocation designs as submissions are returned (after verifying that conflicts have

been addressed).

Subsurface Utility Engineering (SUE)

It is assumed that there will be no proposed waterm ain, natural gas or sewer extensions

(by others) within the project limits. It is antici pated that all relocations of existing utilities

will be triggered by the proposed project construct ion. The proposed relocation of these

existing utilities will be designed by others. The CONSULTANT will be responsible to show

these relocations on the project plans and cross-se ctions. The following lengths of existing

utilities relocations are anticipated:

• Existing underground telephone – assume 2,000 LF of relocation

• Existing underground sewer lines – assume 500 LF of relocation

• Existing underground waterlines - assume 1,000 LF of relocation

• Existing underground gas lines - assume 500 LF of relocation

The DEPARTMENT will provide the CONSULTANT with a u tility contact list. The

CONSULTANT team will perform the following subsurface utility explorations:

a. The Consultant shall provide Quality Level B projec t wide. The

Consultant shall also provide up to fifteen (15) va ult dimensions for the

Quality Level B effort prior to the Slope and Drain submission.

b. The Consultant shall provide a minimum Quality Level A at locations

where proposed drainage facilities may conflict with the existing

utilities subsequent to the Slope and Drain submission. It is assumed that

no more than 75 locations will be investigated.

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c. The Consultant shall coordinate with the Utility Owner and obtain

concurrence of the utility locations marked, surveyed, and plotted on the

base map.

The anticipated locations that require the determin ation of up to 15 vault dimensions

(Quality Level B) and the investigation of up to 75 locations (Quality Level A) are shown on

the roll plots attached to this scope of work.

Utility Assumptions

a. All field work to be completed during normal busine ss hours (7:00am to

5:00pm). Any fees for requirements outside of those hours have not been

included.

b. The CONSULTANT team will coordinate with the local municipality to

complete field work within any restrictions governing work hours and

locations.

c. The CONSULTANT team will designate and mark the approximate

horizontal location of conductive and non-conductive underground

utilities within the project study area. These utilities include: water,

sewer, gas and communication. It is assumed that no underground

electric utility lines are located within the project area.

d. It is assumed that the location of the existing gravity flow sewer lines

(both horizontal and vertical) will be determined from as-builts and by

using the location of the existing manholes surveyed or to be surveyed

in the field by the DEPARTMENT.

e. Conductive is defined as any utility capable of conducting an

electromagnetic tone. Ground Penetrating Radar (GPR) and a traceable

fiberglass duct rodder will be deployed to designate non-conductive

utilities.

f. Vault dimensioning work will consist of interior size dimensions

marked on the surface and will only be conducted on electric,

communication, water and gas vaults (if present).

g. The CONSULTANT team will contact NH Dig Safe One-Call System,

as required by law, prior to any excavation activities.

h. The CONSULTANT team will coordinate and request Police Details for

the traffic control needed for field operations.

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i. Test holes will be backfilled and compacted in 6” lifts, with the same

material excavated, and pavement restored with cold patch material to

the same depth as the removed pavement.

j. The CONSULTANT team will provide a test hole matrix compiling all

collected data on completed test holes and the matrix will be reviewed,

signed and sealed by a New Hampshire Licensed Professional Engineer.

k. The subsurface utility information provided by the CONSULTANT

team is anticipated to be used for planning and engineering purposes

only and not for clearance of any area for construction or geotechnical

investigations.

l. The DEPARTMENT will coordinate and provide written Right of Entry

into any private properties that may be impacted by this work.

m. The DEPARTMENT will survey the utility markings and test hole

reference points that are being investigated.

F. SCOPE OF WORK (PUBLIC PARTICIPATION)

Final Design Public Participation Efforts

Coordination will be required between the DEPARTMEN T, the Town of Hooksett and

utility companies. The CONSULTANT shall be prepared to support such efforts by

participating in up to 5 meetings with these agenci es. The responsibilities of the

CONSULTANT shall include attendance at meetings when requested, preparation of minutes

reflecting meeting commitments, and preparation of illustrative plans and exhibits, as

directed by the DEPARTMENT.

It is assumed that the CONSULTANT will participate in 2 public informational meetings

to discuss the project progression, construction staging, and construction/traffic impacts onto

abutters. The CONSULTANT will assist the DEPARTMENT with the preparation of these

meetings, prepare meeting materials, participate in the meetings, and formally address

comments received.

It is assumed that the following tasks will also be within the CONSULTANT scope of

work:

• Preparation of meeting minutes for distribution amongst design team members.

• Preparation of public informational meeting notices.

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It is assumed that the following tasks will be the responsibility of the DEPARTMENT:

• Coordination and reservation of meeting spaces.

• Mailing list development and coordination.

• Door-to-door notifications and direct mailer to project abutters for notification of

the 3 public meetings.

• Coordination/meetings with the private property own ers to discuss the project

impacts.

It is assumed that the Public Hearing will occur prior to the execution of this contract and

therefore no associated efforts will be necessary under the final design contract.

G. MATERIAL FURNISHED BY THE DEPARTMENT OF TRANSPORTATION

The DEPARTMENT will furnish the following data to the CONSULTANT:

1. Electronic files in English units of the following information in accordance with

the DEPARTMENT’S CAD/D Procedures and Requirements, for incorporation

into the plans by the CONSULTANT.

a. All existing survey and baseline data in electronic format, notes and note

reductions in the format outlined in the DEPARTMENT ’S CAD/D

Procedures and Requirements. An electronic ground model will be provided,

if available, along with all existing information t hat can be used to create a

model.

b. Any additional surveys of adjacent parcels, mitigat ion sites, or other

pertinent items deemed necessary will be processed and incorporated by the

DEPARTMENT.

c. Electronic drawings in MicroStation format, along with reproducible sheets,

of roadway typical cross sections and other detail sheets, when available from

the DEPARTMENT’S CAD/D library, upon request by the CONSULTANT,

in accordance with the DEPARTMENT’S CAD/D Procedure s and

Requirements.

d. Electronic drawings in MicroStation format of the e xisting underground

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utilities, if provided to the DEPARTMENT by the uti lity. The

CONSULTANT shall be prepared to provide an electron ic copy of

preliminary base plans to the DEPARTMENT for use by the utilities. The

CONSULTANT shall be responsible for the incorporation and manipulation

of this information (either in paper or electronic format) into the plans, in

accordance with the DEPARTMENT’S CAD/D Procedures and

Requirements.

e. Prints of any information outlined in Article I.G.1.a. thru e. above, both

existing and proposed, when available, for verifica tion by the

CONSULTANT.

f. Workspaces, configurations and preference files for the OpenRoads

software.

2. Prints of the following information:

a. Any additional information (e.g., abstracting, util ities, etc., not available

electronically) for the CONSULTANT to incorporate into the plans in accordance

with the DEPARTMENT’S CAD/D Procedures and Requirements.

b. Prints and data exchange files of existing conditio ns not previously provided to

the CONSULTANT. Reduction and incorporation of this material shall be the

responsibility of the CONSULTANT.

2. All required permits as provided by the respective Agencies. The

CONSULTANT shall be responsible for plans and compu tations for impacted

areas. These plans shall provide all necessary data, area hatching (according to

DEPARTMENT standards) and detail so that these plan s can be forwarded to

the respective regulatory agencies as appropriate a ttachments for the permit

applications. The CONSULTANT shall be responsible f or completing the

permit applications and provide all supporting docu mentation (e.g.,

photographs).

3. Proposal for bidding and Standard Specifications for Road and Bridge Constr uction,

Standard Plans for Road Construction, plus supplemental specifications and special

provisions that the DEPARTMENT currently has.

4. The DEPARTMENT and the CONSULTANT will cooperativel y develop the detailed

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Traffic Control Plans. The CONSULTANT shall develop the initial conceptual Traffic

Control Plan and construction phasing. The DEPARTME NT will assist the

CONSULTANT in the final design of the Traffic Contr ol Plans as it relates to potential

complications with concurrent work, utilities and c losures. The CONSULTANT shall

complete the final design and the associated quantity calculations.

5. Conceptual design and layout of permanent highway l ighting, if deemed necessary. The

CONSULTANT shall be responsible for incorporating the design and layout into the

project documents and for recommending adjustments required to avoid conflicts. The

CONSULTANT shall develop the proposed locations for temporary lighting that will be

needed for traffic control operations.

6. Any updates of the DEPARTMENT-supplied CAD/D information will be released to the

CONSULTANT throughout the duration of the AGREEMENT, as appropriate. The

DEPARTMENT shall be held harmless from any and all loss, damage, expense or liability

whatsoever resulting from the use of these programs and macros or translated information.

The DEPARTMENT may supply the documentation for use with these programs and

macros but shall not be responsible for any training in their use.

7. ITS/SWZ layout, specifications and quantities for incorporation into the design plans.

H. SUBMISSION OF REPORTS, PLANS AND DOCUMENTS

During the prosecution of this AGREEMENT, the CONSU LTANT shall prepare and

submit to the DEPARTMENT separate submissions as described hereinafter.

The CONSULTANT, with each submission, shall submit a transmittal describing the

"design issues" addressed in that submission. In ad dition, the transmittal shall include

anticipated or outstanding issues and the CONSULTAN T’S recommendations. All issues

shall be noted as to whether the CONSULTANT feels that the issue is within the scope of

work described in Article I.

All work and supporting documents compiled under th is AGREEMENT shall be

developed by the CONSULTANT and delivered to the DE PARTMENT 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.

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All files submitted must be fully 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 Requirements in effect at the time Part A 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 Pro cedures 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 comp atible version

Spreadsheets: Microsoft Excel 2016 or NHDOT compa tible version

Databases: Microsoft Access 2016 or NHDOT compati ble 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.

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

DEPARTMENT and the CONSULTANT using the following m edia as appropriate for

Windows Operating Systems:

File Transfer Sites, Bluebeam, SharePoint.

Email: Files 20 MB or smaller may be transferred vi a E-mail. If compressed, the files

should be self-extracting and encrypted based on content.

Copies: The Consultant shall provide hard (paper) and ele ctronic copies of the

deliverables for each Phase of Work. For all deliv erables, provide electronic copies in two

electronic versions: an electronic version in the o riginal electronic file format (i.e.,

MicroStation (*.dgn), Microsoft Word (*.docx), Micr osoft Excel (*.xlsx), etc.) and an

electronic version in Adobe Acrobat (*.pdf) file format.

The plan submissions shall follow the procedures outlined below:

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a. Preliminary Plans

Based on a complete review of the material furnishe d by the DEPARTMENT and

developed and/or supplemented by the CONSULTANT, pa rticularly in regard to the

proposed design criteria, predicted traffic, prelim inary soil data, expected temporary and

permanent erosion measures, conceptual traffic cont rol and topography of the project area,

the CONSULTANT shall prepare PDF roll plans covering the project limits. Cross sections,

profiles and other applicable plan sheets may be pr epared on cut sheets. These plans will

show:

1) The recommended horizontal and vertical alignment of all necessary

roadway construction.

2) All roadway cross sections at 50-foot intervals, (e xcept 25-foot intervals in

ledge areas) showing the top line of the proposed r oadway. The

CONSULTANT shall recognize that, typically, geotech nical information is

not available at this time and, therefore, this sub mission may need to be re-

cut and reordered for subsequent submissions when s oils/ledge information

is made available. It is assumed that approximately 1000 ft of the project

length will require ledge excavation. Plans address ing significant

modifications to private parking areas and accesses shall be developed and

used to coordinate with property owners early in the process.

3) Proposed pavement layouts and major control elements.

4) Water quality features shall be shown with approximate flows.

5) Roll plans shall show where match lines are anticipated for future cut

sheets.

6) Proposed right-of-way layout (no bounds will be shown at this stage).

The following issues shall also be considered in the development of the above-

mentioned plans:

7) Wetland impacts.

8) Earthwork balances and availability.

9) Potential closed system drainage and underdrain out lets, and depth of cover

over drainage structures.

10) Right-of-way acquisitions.

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11) Potential conflicts with major utilities.

It is anticipated that the plans listed above will be developed and discussed in a

collaborative manner with the Department. No formal submission will be required.

The estimate for this submission shall be reasonably itemized to cover major cost items

such as roadways, structures, large drainage facilities and other costly construction items, as

well as costs of utility changes to be financed by the STATE. Small cost items will be

included in the contingency and will not be estimated in detail at this submission.

For development of the right-of-way lines and the assessment of environmental impacts,

it shall be necessary that all templates be plotted to develop slope lines. This shall require

sight distance review and computation of pavement s uperelevation calculations. Rounding

of slopes shall be considered in developing slope lines but plotted cross section templates do

not need to have rounding shown at this submission.

No quantity calculations or cost estimate will be p rovided with the preliminary

submission.

b. Slope and Drain Plans

Upon approval in writing by the DEPARTMENT of the “line and grade” submission, the

CONSULTANT shall proceed to prepare and submit to the DEPARTMENT for approval the

Slope and Drain Plans submission. The Slope and Drain submission shall consist of two sets

of cut sheet plans (paper prints) showing slope lin es, drainage system details and drainage

features, and proposed right-of-way lines, includin g drainage, slope and/or construction

easements. The cut sheets shall include typical sec tions, plan views, profiles, guardrail

locations, cross sections with complete template pl otted and appropriate references on the

plans relative to the drainage design to assist with the review of the drainage design and the

supporting drainage calculations. Complete Best Man agement Practice (BMP) designs for

permanent erosion and sedimentation control features, and water quality appurtenances, shall

be shown accompanied by backup calculations as well as an existing and proposed

impervious surface coverage calculation assessment memo. The BMPs shall be designed in

accordance with the (NHDES) CHAPTER Env-Wq 1500 ALT ERATION OF TERRAIN

requirements, as well as the guidance in the New Ha mpshire Stormwater Manual. The

backup calculations shall also include a narrative, mapping and computations addressing pre-

construction and post- construction drainage condit ions and applicable drainage control

features. Two bound drainage computation books shall be submitted with all backup drainage

calculations illustrated and referenced to each dra inage appurtenance shown based on the

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drainage design.

A field inspection shall be held with the DEPARTMENT, and indicated design changes

or corrections shall be made and incorporated into the plans for the Preliminary PS&E

submission.

Also, with the Slope and Drain submission, the CONSULTANT shall submit the Traffic

Control Plans (roll plans format) showing temporary slopes, lane uses and widths, temporary

guardrail and barrier locations, conceptual tempora ry drainage, temporary easements,

profiles, temporary drives, diversion cross section s and superelevation, etc. with backup

calculations. Construction phasing shall be shown w ith narratives for each phase. The

CONSULTANT shall also submit a conceptual construct ion schedule, showing the phased

construction and utility relocation time frames (as applicable), for review and comment by

DEPARTMENT staff.

The DEPARTMENT will also require an estimate of the quantities, expected unit costs,

and total costs prepared in the form and manner pre scribed by the DEPARTMENT. An

electronic copy of the spreadsheet shall be submitt ed for the estimate in Excel format.

Roadway items shall be kept separate from bridge it ems. Two bound copies of the quantity

calculations shall be furnished with the estimate, as well as drainage study and calculations.

Guardrail calculations shall also be submitted.

Traffic signal plans (both temporary and permanent), Pavement Marking and Signing,

Sign Text Layout sheets, Construction Signs and War ning Devices as well as Curbing and

Pavement Layout plans will not be included in the S&D submission.

c. Wetland Plans and Erosion Control Plans

Following the incorporation of the DEPARTMENT’S comments on the Slope and Drain

submission, the CONSULTANT shall submit Wetland Impact plans showing permanent and

temporary impacts for each wetland for inclusion with the wetland permit application. These

areas shall be hatched according to the DEPARTMENT’ S standards. Accompanying these

plans, the CONSULTANT shall provide NHDOT BOE a tabulated impact summary showing

wetland identification numbers, areas of fill or dr edged volumes in the temporary and

permanent conditions for this project, a draft copy of the wetland permit application package,

and the Erosion Control Plans. It is assumed that the permit application package will be

submitted by the Department.

It is assumed that two (2) submissions (draft and f inal) will be required for both the

Wetland and Erosion Control Plans.

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It is anticipated that the Wetland and Erosion Control plan set will contain the following

number of sheets:

1. Title sheet (1)

2. Standard symbols (2)

3. Wetland Plans Impacts and Summaries (9)

4. Culvert and Stream Details (2)

5. Erosion Control notes and Strategies (1)

6. Erosion Control Plans (9)

d. Utility Plans

Upon approval in writing by the DEPARTMENT of the Slope and Drain submission, the

CONSULTANT shall proceed to prepare and submit to the DEPARTMENT for approval the

Utility Plans submission. The CONSULTANT shall incorporate the DEPARTMENT Slope

and Drain and preliminary right-of-way comments into th e design layout. The

CONSULTANT shall then furnish up to two (2) sets of cut sheet plans (paper prints) of the

front sheet, plans, profiles, and up to two (2) sets of cross sections for review by the Design

Services Section. This submission plan set is inten ded to facilitate the identification of the

scope of work required by various utilities to comp ly with the planned construction. The

plans are intended to reflect the near-final design of drainage systems with all appurtenances,

erosion and sedimentation control features, other s tructures, right-of-way lines (proposed

permanent and temporary, and existing), curbing, pavement layout, traffic signals, traffic sign

structures, slope limits, guardrail, final template plotted on cross sections, detours and detour

cross sections, traffic control issues with constru ction phasing, underdrain, drive locations,

sidewalks, clearing and grubbing limits, fencing re quirements, building demolition, and

lighting and conduit (e.g. lighting, traffic signal s, ITS). Also, the plans shall reflect all

existing detail, existing drainage and existing uti lities. All final design notes may not be

necessary, but the scope of construction shall be e vident to the reviewing utilities. The

submission shall be supplemented with a list of uti lity conflicts that could not be avoided

during the design. Upon review of the plan set by the Design Services Section, comments

will be returned to the CONSULTANT to finalize the plans prior to the formal submission.

The plans shall show the status of the design prior to preparation of the Preliminary PS&E

submission.

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e. Preliminary PS&E

Upon approval in writing by the DEPARTMENT of the S lope and Drain/Utility

submissions, the CONSULTANT shall prepare responses to the Slope and Drain submission

and then proceed to prepare and submit to the DEPARTMENT for approval the Preliminary

PS&E submission. The Preliminary PS&E submission sh all consist of one electronic copy

(PDF) and three to five sets of plans (paper prints) of preli minary contract drawings, draft

special provisions for items for which current spec ifications are not available from the

DEPARTMENT, and an estimate of quantities and costs. The plans shall include title sheet,

typical sections, detail sheets, plan sheets, profi le sheets, curb and pavement layout plans,

pavement marking and signing plans, signal plans (i ncluding coordination), ITS

infrastructure, traffic control plans, and cross section sheets (including TCP sections), Also,

landscaping, seeding and grading plans shall be inc luded, if required. The plans shall also

include utility relocations, if available.

Quantity Summary sheets shall be submitted. All ite m summary boxes for drainage,

clearing and grubbing, earthwork, surfacing and sel ect materials, curbing, guardrail,

sidewalks, traffic signs, construction signs and warning devices, pavement markings, conduit

and pull boxes, ITS components, landscaping and slo pe protection, bounds, fencing,

delineation and witness markers, and other items that are nearly complete shall be shown and

note line-entries completed. Rounding and totals ar e not required. Item summary boxes of

expected work not listed above shall be included and shown without line-entries completed.

In developing the plans to the Preliminary PS&E stage, the DEPARTMENT will require an

estimate of the quantities, expected unit costs, an d total costs prepared in the form and

manner prescribed by the DEPARTMENT. An electronic copy of the estimate shall be

submitted in Excel format. Roadway items shall be k ept separate from bridge items. Two

bound copies of the quantity calculations shall be furnished with the estimate. The plans shall

reflect all comments from the Slope and Drain Plans submission and issues that appear during

final design. Two bound copies of the drainage comp utations book (as revised, based on

Slope and Drainage comments) including temporary dr ainage computations shall be

submitted with the Preliminary PS&E submission.

f. PS&E

Upon approval in writing by the DEPARTMENT of the Preliminary PS&E submission,

the CONSULTANT shall prepare responses to the PPS&E submission and then proceed to

prepare and submit to the DEPARTMENT for approval the PS&E submission, which shall

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consist of one electronic copy (PDF) and three (3) complete sets of paper prints of

construction plans, two (2) bound copies of the revised quantity books, and a PS&E estimate.

Special Provisions shall be submitted in both electronic format (Microsoft Word-compatible)

and hard copy for all items not in the Standard Specifications for Road and Bridge

Construction of the STATE and for which a current special provision is not available.

It is anticipated that the PSE plan set will contain the following number of sheets:

7. Title sheet (1)

8. Index of sheets and general notes (1)

9. Standard symbols (2)

10. Typical sections (10)

11. Summary of quantities (39)

12. Drainage/Roadway details (15)

13. Intersection grading plans (2)

14. BMP plans and details (10)

15. Messer Brook culvert details/sections (3)

16. General plans (9)

17. Profiles (18) (includes drive profiles)

18. Drainage notes (10)

19. Drainage and utility plans (9)

20. Drainage profiles (65 profile windows presented on 23 sheets)

21. Curbing, pavement layout and alignment plans (9)

22. Pavement marking and signing plans (9)

23. Sign text layout plans (4)

24. Traffic signalization plans (6)

25. Smart workzone plans (1)

26. Landscaping plans, details, sections and notes (4) – assume 3 BMPs, 1 detail/notes.

27. Sequence of construction (2)

28. Traffic control critical sections (4)

29. Traffic control details (3)

30. Traffic control plans (35) - assume 3 phases plus localized areas with night work

31. Temporary traffic signals (9) - assume one plan for each TCP phase for each signalized

intersection

32. Cross sections (270 cross-sections on 135 sheets)

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33. Boring logs (10) – assume 2 boring logs per sheet

34. Retaining wall plans/profiles (6)

35. Retaining wall details/sections (5)

36. Utility relocation plans (up to 5 sheets provided by others, if needed)

Each of the plan sheets shall be labeled with its corresponding electronic file name.

It is assumed that the drainage profiles and roadway cross sections will be generated and

annotated using the OpenRoads preference files/workspace provided by the DEPARTMENT

and that only minimal additional manual annotation will be required by the CONSULTANT.

It is assumed that no additional cross-sections wil l be added to the project to show existing

and proposed drainage facilities that fall between the standard cross-sections cut for the

project (50-ft non bedrock, 25-ft bedrock and drive ways). The drainage facilities shown on

drainage profiles will be labeled with drainage not e symbols, flow arrows and design

information annotated per the standard preferences provided by the Department. No

additional drainage annotation will be added manually to the drainage profiles outside of the

note labels and flow arrows. The cross-sections wil l be labeled with flow arrows for cross

pipes and drainage note symbols only once per sheet with no additional design information

annotated manually such as invert elevations, type of structure, etc..

It is assumed that only one round of minimal commen ts will be provided by the

Department after the PSE submission. The Consultant included 50h in the fee for addressing

these comments.

g. Proposed Right-of-Wav Layout Plans

Right-of-way plans shall consist of a separate set of plans for the purpose of negotiating,

defining and recording the required right-of-way fo r the project. To expedite right-of-way

acquisitions by the DEPARTMENT, it may be necessary to complete the Right-of-Way plans

in stages, with work in some areas being accomplished very early in the project schedule. Right-

of- Way plans shall be in imperial units.

The Preliminary Proposed Right-of-Way Layout submission (electronic format) shall be

submitted concurrently with, or shortly after, the CONSULTANT’S submission of the

contract Slope and Drain plans. The Preliminary Rig ht-of-Way plans shall include a front

sheet, summary sheets and all plan sheets. Acquisition and easement areas shall be calculated,

36 | P a g e

and summary boxes filled in. Handwritten format is acceptable.

Final Proposed Right-of-Way Layout Plans shall be s ubmitted after the Consultant has

received and incorporated the DEPARTMENT’s Prelimin ary Proposed Right-of-Way

Layout submission comments and Slope and Drain Plan comments, or as otherwise approved

by the DEPARTMENT. The CONSULTANT shall be prepared to make corrections as

required. The CONSULTANT shall be prepared to revise the Proposed Right-of-Way Layout

plans based on design changes and the DEPARTMENT’S negotiations with property owners.

Acquisition and easement areas shall be calculated, and summary boxes filled in. The

Proposed Right-of-Way Layout Plans and Recordable Registry Plan set shall include:

a. Front sheet

b. Standard Symbol Sheets

c. Right-of-Way Summary Sheets

d. Property Layout Sheets (scale: 1"=200')

e. Geometric Layout Sheets

f. Right-of-Way plan sheets showing all impacts (temporary or permanent)

g. Cross sections

The final Proposed Right-of-Way Layout Plans shall contain all sheets noted above,

including a front sheet, standard symbol sheets, summary sheets, property layout sheets, geometric

layout sheets and Right-of-Way plan sheets and shall be submitted after the DEPARTMENT

has completed negotiations with property owners. The Registry Plans depicting new right-of-

way lines shall be prepared and recorded by the CON SULTANT in accordance with RSA

230:32 Required Filing, RSA 478:1-a Plat Law (prepa red and certified by a Licensed Land

Surveyor), and Department procedures. A draft (pape r) set of Registry Plans shall be

submitted with the first formal Right-of-Way Purchase Plans submission for the entire project.

The mylars of the final Right-of-Way Plans and a co py of the Registry Plans shall be

submitted with the final Construction Contract Plans submission.

If acquisitions are necessary in advance of complet ing the right-of-way plan process

described above, the CONSULTANT shall be prepared t o submit a working (progress)

print(s) containing the parcel(s) in question. The working (progress) print(s) are intended to

be right-of-way plan cut sheets showing the impacts, easements, etc., with summary boxes

illustrating impacts to the affected parcel(s).

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For other specific activities related to survey/rig ht-of-way, please refer to the separate

Scope of Work document prepared by Sam LLC (fka Doucet Survey LLC).

I. SCOPE OF WORK (CONSTRUCTION SUPPORT SERVICES)

If a contract for construction of the project, or part of it, is entered into within two years

after completion by the CONSULTANT of the services outlined in Articles I, III and IV, the

CONSULTANT shall, without additional compensation, therefore, render services to the

DEPARTMENT, including, but not restricted to, the following:

Construction/RFI Review

If and when required by the DEPARTMENT during the construction of the project, the

CONSULTANT shall:

a. At the CONSULTANT’S sole expense, correct and resol ve errors and/or

omissions within the contract plans and specifications found during construction.

b. Render interpretations, as necessary, of the contract plans and specifications and

submit recommendations for necessary modifications in either or both and, upon

approval of recommendations by the DEPARTMENT, revi se the contract plans

and specifications to cover same and prepare other detailed drawings as may be

needed to supplement the contract plans to permit the proper completion of the

project. This work effort, if required, will be vie wed as additional services,

subject to an adjustment in the fee.

c. Install monumentation for new right-of-way as shown in the Registry Plans. It is

assumed that up to 10 monuments will be required.

d. Provide support for signal coordination timing adjustments.

Shop Drawings

The CONSULTANT shall:

e. Review, check and approve all working drawings prep ared by others including

the construction contractors or their subcontractor s subject to the provisions of

Section 105. Only that work designed by the DEPARTM ENT will be excluded

from this requirement. The anticipated items to be reviewed are the Messer brook

replacement/extension structure, the two MSE retain ing walls and the traffic

signals.

Engineer of Record Design Review

38 | P a g e

WSP will review and PE stamp, upon agreement, any r evisions after proposal or during

construction regarding Guardrail design, Traffic Signal design, Wetlands Permit Application

and Plans, and Hydraulics Reports. If the proposed revision after proposal or during

construction is not agreeable to WSP, a revised option will be recommended by WSP that is

agreeable and as close as possible to the proposed revision. If an agreement cannot be met,

then no revision will be made to the contract plans. These efforts will include any specific

revisions to, and resubmission of the contract plan s stamped by PE due to the requested

revision. If these efforts are estimated to exceed the contingency hours provided in the

contract a modification will be discussed with NHDO T for WSP to continue or complete

these efforts, as the number of revisions or extent is unknown.

Attachment B DEI Acknowledgement - Hooksett 29611

March 18, 2026Firm acknowledged:

(initials)(date)

(date)

Department acknowledged:

(initials)

The State and the Consultant acknowledge that R.SA Chapter 21-1 and Executive Order 14173 of

January 21.2025. place prohibitions on DEI initiatives and activities. To the extent any provision

in this Contract conflicts with any applicable state or federal law, such provision is null and void.

Attachment C- Hooksett 29611

CONFIRMATION OF INSURANCE COVERAGE, ContractorPrint Name:

Signature:

Date:, Department of TransportationPrint Name:

Signature:

Date:

The parties hereby acknowledge that WSP USA, Inc. (the “Contractor") possesses a

professional liability insurance policy where coverage is provided on a “claims-made" basis.

Article IV, Part 3.a.3 of this Contract provides that, for such a policy, “the period to report claims

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

construction contract.” The Contractor’s insurance policy does not carry a three-year reporting

period because its insurance is renewed on an annual basis. The parties agree that this coverage is

sufficient under the Contract, provided that the Contractor annually renews its coverage (or

obtain equivalent or greater coverage from another insurer) in an amount not less than that

provided by Article IV, Part 3.a.3 for at least three years from the date of substantial completion

of the Contract.

DAVID RODRIGUE, RE.

COMMISSIONER

WSP USA, Inc.

March 18, 2026

Attachment 1

CERTIFICATION WITH REGARD TO THE PERFORMANCE OF

PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO

THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS

The CONSULTANT _, proposed subconsultant _ _, hereby certifies that it has __, has not

__, participated in a previous contract or subcontract subject to the 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 applicable filing requirements.

(Company)

By:

(Print Name)

(Title)

Date: _

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

Secretary of Labor (41 CFR 60-l.7(bX1), 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 -1) 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(b) (4)] 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 knowingly 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.

(Date) (Signature)

(Printed Name)

(Title)

Attachment 3

CERTIFICATION OF CONSULTANT/SUBCONSULTANT

I hereby certify that I am the and duly-

authorized representative of the finn of,

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

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

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

above CONSULTANT) to solicit or secure this Contract,

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

services of any finn or person in connection with carrying out the Contract, or

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 perjury 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, debannent, voluntary.exclusion, or detennination of

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

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

debannent pending; and (d) has 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 infonnation 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.

(Date) (Signature)

(Print Name)

(Title)

Attachment 4

CERTIFICATION OF STATE DEPARTMENT OF TRANSPORTATION

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

except as here expressly stated (if any):

1 hereby certify that I am the cw\^\oria ________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:

(Date)

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

consideration of any kind:

(Signature)

DAVID RODRIGUE, P.E.

COMMISSIONER

(Title)

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 employee 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 the 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 any 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

Consultant

CONSULTANTWITNESS TO THE CONSULTANT... ‘.A

By:By:

Dennis BakerGenevra Stein

(Printed Name)

Lead Project Accountant - New England

March 18, 2026 Dated: Dated:

Department of Transnortatiog

THE STATE OF NEW HAMPSHIRE

By: By,

Mounnovi

Dated: Dated:

Attorney General

By:Dated:

Secretary of State

approved this

Attest:Dated:

By:

Secretary of State

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

above written.

This is to certify that the GOVERNOR AND COUNCIL on

AGREEMENT.

DOT COMMISSIONER

WITNESS TO THE STATE OF NEW HAMPSHIRE

__________________

Senior Vice President, District Business Line Leader

(TITLE)

March 18, 2026

y s'?

AssLrt^rrLATorney Generat-

DAVID RODRIGUE, P.E.

COMMISSIONER

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

and execution.

CERTIFICATE

I, David M. Scanlan, Secretary of State of the State of New Hampshire, do hereby certify that WSP USA INC. is a New

York Profit Corporation registered to transact business in New Hampshire on June 20, 1977. I further certify that all fees and

documents required by the Secretary of State’s office have been received and is in good standing as far as this office is concerned.

Business ID: 2923

Certificate Number: 0007900218

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 6th day of April A.D. 2026.

David M. Scanlan

Secretary of State

State of New Hampshire

Department of State

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F:

INSURER E:

INSURER D:

INSURER C:

INSURER B:

INSURER A:

NAIC #

NAME:

CONTACT

(A/C, No):

FAX

E-MAIL

ADDRESS:

PRODUCER

(A/C, No, Ext):

PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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.

OTHER:

(Per accident)

(Ea accident)

N / A

SUBR

WVD

ADDL

INSD

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. $

$PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

DESCRIPTION OF OPERATIONS below

If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

OTH-

STATUTE

PER

LIMITS(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR

INSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB $EACH OCCURRENCE

$AGGREGATE

OCCUR

CLAIMS-MADE

DED RETENTION $

$PRODUCTS - COMP/OP AGG

$GENERAL AGGREGATE

$PERSONAL & ADV INJURY

$MED EXP (Any one person)

$EACH OCCURRENCE

DAMAGE TO RENTED

$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIRED

AUTOS ONLY

4/23/2026

Arthur J. Gallagher Risk Management Services, LLC

300 Madison Avenue

28th Floor

New York NY 10017

AJG Service Team

212-994-7020

GGB.WSPUS.CertRequests@ajg.com

Liberty Insurance Corporation

42404

WSPGLOB-01

Zurich American Insurance Company

16535

WSP USA Inc.

10 Al Paul Lane

Merrimack, NH 03054

1123849845

3,500,000

10,000

3,500,000

14,000,000

GLO9835819-13

5/1/2026

5/1/2027

7,000,000

5,000,000

AS7-621-094060-036

5/1/2026

5/1/2027

WA7-62D-094060-016

WC7-621-094060-916

5/1/2026

5/1/2027

2,000,000

THIRTY (30) DAYS NOTICE OF CANCELLATION.

X-A004(199) 29611 | Project Description: Hooksett Final Design

The State of New Hampshire is included as Additional Insured with respect to the General Liability policy as required by written agreement, pursuant to and

subject to the policy's terms, definitions, conditions and exclusions.

New Hampshire Department of Transportation

7 Hazen Drive PO Box 483

Concord NH 03302-0483

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F:

INSURER E:

INSURER D:

INSURER C:

INSURER B:

INSURER A:

NAIC #

NAME:

CONTACT

(A/C, No):

FAX

E-MAIL

ADDRESS:

PRODUCER

(A/C, No, Ext):

PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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.

OTHER:

(Per accident)

(Ea accident)

N / A

SUBR

WVD

ADDL

INSD

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. $

$PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

DESCRIPTION OF OPERATIONS below

If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

OTH-

STATUTE

PER

LIMITS(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR

INSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB $EACH OCCURRENCE

$AGGREGATE

OCCUR

CLAIMS-MADE

DED RETENTION $

$PRODUCTS - COMP/OP AGG

$GENERAL AGGREGATE

$PERSONAL & ADV INJURY

$MED EXP (Any one person)

$EACH OCCURRENCE

DAMAGE TO RENTED

$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIRED

AUTOS ONLY

3/25/2026

Arthur J. Gallagher Risk Management Services, LLC

300 Madison Ave 28th Floor

New York NY 10017

AJG Service Team

212-994-7020

ggb.wspus.certrequests@ajg.com

QBE Specialty Insurance Company

11515

WSPGLOB-01

WSP USA Inc.

10 Al Paul Lane

Merrimack, NH 03054

2068067963

Professional Liability

CLAIMS-MADE

QPL0022630

11/1/2025

10/31/2026

Per Claim

Aggregate

$2,000,000

THIRTY (30) DAYS NOTICE OF CANCELLATION.

X-A004(199) 29611 | Project Description: Hooksett Final Design. Professional Liability Deductible: $75,000

New Hampshire Department of Transportation

7 Hazen Drive PO Box 483

Concord NH 03302-0483

Case records

Open case page

Docket: 2026-0005

Date	Record Text	Type	Party	PDF
May 20, 2026	Governor and Executive Council Agenda item PDF - 2026-05-20 - agenda 018 Current page	Other		PDF

Serving Councilors

FY 2029 FY 2030

HOOKSETT

X-A004(199)

FINAL DESIGN

TABLE OF CONTENTS

ARTICLE I - DESCRIPTION OF PROFESSIONAL SERVICES TO BE RENDERED................................................... 2

A. LOCATION AND DESCRIPTION OF PROJECT.............................................................................................. 2

C. MATERIALS FURNISHED BY THE DEPARTMENT OF TRANSPORTATION................................................... 4

D. WORK SCHEDULE AND PROGRESS REPORTS........................................................................................... 5

E. SUBMISSION OF REPORTS, PLANS AND DOCUMENTS............................................................................ 5

H. SCOPE OF WORK (CONSTRUCTION SERVICES)........................................................................................ 8

D. INDIRECT COST RATE SUBMISSIONS........................................................................................................ 11

E. RECORDS, REPORTS AND FINAL AUDIT.................................................................................................... 12

D. REVISIONS TO REPORTS, PLANS OR DOCUMENTS................................................................................. 17

H. GENERAL CONPLIANCE WITH LAWS, ETC............................................................................................... 19

L. EXTENSION OF COMPLETION DATE(S)..................................................................................................... 22

M. TITLE VI (NONDISCRIMINATION OF FEDERALLY-ASSISTED PROGRAMS) COMPLIANCE.................... 22

ATTACHMENTS

AGREEMENT EXECUTION ATACHMENTS

SUBCONTRACTS, ETC.

EVALUATIONS

FUNDS

PREAMBLE

AGREEMENT

FOR PROFESSIONAL SERVICES

HOOKSETT

X-A004(199)

FINAL DESIGN

ARTICLE I

ARTICLE I - DESCRIPTION OF PROFESSIONAL SERVICES TO BE RENDERED

A. LOCATION AND DESCRIPTION OF PROJECT

B. GENERAL SCOPE OF WORK

ARTICLE I

ARTICLE I

C. MATERIALS FURNISHED BY THE DEPARTMENT OF TRANSPORTATION

ARTICLE I

D. WORK SCHEDULE AND PROGRESS REPORTS

E. SUBMISSION OF REPORTS, PLANS AND DOCUMENTS

ARTICLE I

F. DELIVERABLES

ARTICLE I

G. QUALITY CONTROL

ARTICLE I

H. SCOPE OF WORK (CONSTRUCTION SERVICES)

I. DATE OF COMPLETION

ARTICLE II

A. GENERAL FEE

ARTICLE II

ARTICLE II

B. LIMITATION OF COSTS

C. PAYMENTS

D. INDIRECT COST RATE SUBMISSIONS

ARTICLE II

E. RECORDS, REPORTS AND FINAL AUDIT

ARTICLE II

ARTICLE III

A. HEARINGS, ETC.

B. CONTRACT PROPOSALS

ARTICLE IV

A. STANDARD SPECIFICATIONS

C. EXTENT OF CONTRACT

AGREEMENT.

ARTICLE IV

ARTICLE IV

D. REVISIONS TO REPORTS, PLANS OR DOCUMENTS

E. ADDITIONAL SERVICES

ARTICLE IV

F. OWNERSHIP OF PLANS

G. SUBLETTING

DEPARTMENT.

ARTICLE IV

H. GENERAL CONPLIANCE WITH LAWS, ETC.

I. BROKERAGE

ARTICLE IV

J. CONTRACTUAL RELATIONS

AGREEMENT.

ARTICLE IV

ARTICLE IV

K. AGREEMENT MODIFICATION