1. (a) On receipt of the draft engineering services contract from the recipient, the department shall review the draft contract to confirm that the contract conforms with Env-Wq 509.05.
2. (b) The department shall inform the selected listed engineer and the recipient in writing of any comments regarding the contract terms, proposed work, and fee, based on the department’s knowledge of work and fees for comparable projects in the state.
3. (c) The recipient shall submit to the department for review any revisions to the contract made subsequent to acceptance.
4. (d) In order for costs to remain eligible for funding from the CWSRF, the contract and any subsequent revisions shall be subject to negotiated changes if the department determines that the terms would result in payments to the listed engineer that do not qualify for reimbursement under applicable federal requirements, including but not limited to 2 CFR §§200.403-404.

5. (e) Subject to (f) and (g), below, the recipient shall submit the following contract forms, as applicable, for the final contract(s):

   1. (1) For WWTF construction, the “Engineering Construction Phase Contract for Professional Services for Treatment Works form”, dated November 2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-construction.docx;
   2. (2) For WWTF design, the “Engineering Design Phase Contract for Professional Services for Treatment Works form”, dated November 2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-design.docx; and
   3. (3) For WWTF reports, “the Engineering Report Phase Contract for Professional Services for Treatment Works form”, dated November 2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-report.docx.

6. (f) Any recipient that wishes to use an alternate contract form shall submit the request in writing to the department together with:

   1. (1) A copy of the alternate contract form;
   2. (2) A table that shows where each provision of the department’s contract form appears in the alternate contract form; and
   3. (3) A legal opinion from an attorney licensed to practice in New Hampshire that the alternative contract form is the same in substance as the department’s contract form.

7. (g) The department shall allow the recipient to use the alternative contract form only if:

   1. (1) Every provision in the department’s form appears in the alternative form with the same substantive meaning;
   2. (2) No provision in the alternative form changes the meaning or otherwise precludes the full effect of the department’s form; and
   3. (3) The legal opinion provided with the request confirms that there are no substantive differences between the alternative form and the department’s form.

Source. (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22