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Finance Committee - Agenda - 5/16/2018 - P200

By dnadmin on Mon, 11/07/2022 - 11:40
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
200
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

3. Place no further orders or sub-contracts for materials, services, or facilities, other than
as may be necessary or required for completion of such portion of work under the
contract that is not terminated.

4, Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of al! orders or sub contracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the City of Nashua to resume performance.

In the event of a termination for cause, Professional Engineer shall receive all amounts due and
not previously paid to Professional Engineer for work satisfactorily completed in accordance with
the contract prior to the date of the notice, less all previous payments. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work. Any
such payment may be adjusted to the extent of any additional costs occasioned to the City of
Nashua by reasons of Professional Engineer's failure. Professional Engineer shall not be relieved
of liability to the City of Nashua for damages sustained from the failure, and the City of Nashua
may withhold any payment to the Professional Engineer until such time as the exact amount of
damages due to the City of Nashua is determined. All claims for payment by the Professional
Engineer must be submitted to the City of Nashua within 30 days of the effective date of the
notice of termination.

If after termination for the failure of Professional Engineer to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua,
complete or make sufficient progress on the work in a timely and professional manner, it is
determined that Professional Engineer had not so failed, the termination shall be deemed to have
been a termination at will. In that event, the City of Nashua shall, if necessary, make an
adjustment in the compensation paid to Professional Engineer such that Professional Engineer
receives total compensation in the same amount as it would have received in the event of a
termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party
or otherwise. In the event Professional Engineer shall cease conducting business, the City of
Nashua shall have the right to solicit applications for employment from any employee of the
Professional Engineer assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Professional Engineer's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within
Professional Engineer's control.

DISPUTE RESOLUTION _ The parties shall attempt to resolve any dispute related to this contract
as follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City of Nashua Representative and a Professional Engineer
Representative. At all times, Professional Engineer shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination or direction of the City of Nashua. If the parties are unable to resolve their dispute

GC 5 of 11

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Finance Committee - Agenda - 5/16/2018 - P200

Finance Committee - Agenda - 5/16/2018 - P201

By dnadmin on Mon, 11/07/2022 - 11:40
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
201
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

10.

11.

as described above within 30 days, if requested in writing by either the City of Nashua or the
Professional Engineer, the parties shall attempt to resolve the dispute, by entering in structured
non-binding negotiations with the assistance of a mediator on a without prejudice basis. The
mediator shall be appointed by the agreement of the parties. If the dispute cannot be settled within
a period of thirty (30) calendar days with the mediator the parties’ reserve the right to pursue any
available legal and/or equitable remedies for any breaches of this contract except as that right
may be limited by the terms of this contract.

NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation,
or adjustment of any kind shall be made to Professional Engineer for damages because of
hindrances or delays in the progress of the work from any cause, and Professional Engineer
agrees to accept in full satisfaction of such hindrances and delays any extension of time that the
City of Nashua may provide.

INSURANCE Professional Engineer shall carry and maintain in effect during the performance of
services under this contract:

> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
> and Workers’ Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.

Professional Engineer shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as to types and
limits to be maintained by Professional Engineer are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional
Engineer. Professional Engineer shall require Subcontractors to carry appropriate and lawful
amounts of insurance for the services they are providing. Professional Engineer will ensure
compliance with this section and shall receive valid certificates of msurance from all
Subcontractors as proof that coverage is in place.

Professional Engineer will provide the City of Nashua with certificates of insurance for coverage
as listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City of Nashua issues the notice of award. The City of Nashua requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the imsurer and who is
licensed by the State of New Hampshire. General Liability and Auto Liability policies must
name the City of Nashua _as_an_ additional insured and reflect on the certificate of
insurance. Professional Engineer is responsible for filing updated certificates of insurance with
the City of Nashua's Risk Management Department during the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
>» If aggregate limits of less than $2,000,000 are imposed on bodily injury and

property damage, Professional Engineer must maintain umbrella liability insurance of at
least $1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.

> The specified insurance requirements do not relieve Professional Engineer of its
responsibilities or limit the amount of its liability to the City of Nashua or other

GC 6of 11

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Finance Committee - Agenda - 5/16/2018 - P201

Finance Committee - Agenda - 5/16/2018 - P202

By dnadmin on Mon, 11/07/2022 - 11:40
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
202
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

persons, and Professional Engineer is encouraged to purchase such additional
insurance, as it deems necessary.
> The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.
Professional Engineer is responsibie for and required to remedy aii damage or loss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.

Wy

12. INDEMNIFICATION Regardless of any coverage provided by any insurance, Professional

13.

14.

15.

Engineer agrees to indemnify and shall hold harmless the City of Nashua, its officials, employees
and authorized representatives and their employees from and against any and all actions, legal or
administrative proceedings, arbitrations, damages, liabilities, interest, reasonable attorney’s fees,
costs and expenses of any kind or nature in any manner caused, occasioned, or contributed by
reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of
Professional Engineer or of anyone acting under its direction or control or on its behalf in
connection with or incidental to the performance of this contract. Professional Engineer’s
indemnity and hold harmless obligations, or portions thereof, shall not apply to liability caused by
the sole negligence or willful misconduct of the party indemnified or held harmless.
Notwithstanding the above, under no circumstances shall Professional Engineer be responsible
for the negligence or intentional acts of City of Nashua.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this
contract.

Nothing in this contract shall be construed to provide Professional Engineer with a right of
payment over any other entity. Any funds obligated by the City of Nashua under this contract
that are not paid to Professional Engineer shall automatically revert to the City of Nashua’s
discretionary control upon the completion, termination, or cancellation of the agreement. The
City of Nashua shall not have any obligation to re-award or to provide, in any manner, the
unexpended funds to Professional Engineer. Professional Engineer shall have no claim of any sort
to the unexpended funds.

The City of Nashua shall provide notice to Professional Engineer in the event the City of Nashua
fails to appropriate funds, and in such event Professional Engineer’s obligations under the
contract shall immediately cease, except for completion of any services paid in advance if any.

COMPENSATION Review by the City of Nashua of Professional Engineer's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of
Nashua. If there is insufficient information, the City of Nashua may require Professional
Engineer to submit additional information. Unless the City of Nashua, in its sole discretion,
decides otherwise, the City of Nashua shall pay Professional Engineer in full within 30 days of
approval of the submitted monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Professional Engineer, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Professional
Engineer shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,

GC 7 of 11

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Finance Committee - Agenda - 5/16/2018 - P202

Finance Committee - Agenda - 5/16/2018 - P203

By dnadmin on Mon, 11/07/2022 - 11:40
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
203
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

16.

17.

18.

shall promptly notify the City of Nashua in writing of any changes to the same relating to or
affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of
physicai or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Professional Engineer agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff, termination, rates of pay, or other forms of compensation and selection for
training, including apprenticeship.

Without limitation of the foregoing, Professional Engineer's attention is directed to “Title
41”Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor” which, by this reference, is incorporated in this contract.

Professional Engineer agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Professional Engineer under this contract.

In connection with the performance of work under this contract, Professional Engineer agrees not
to discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.

Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any
applicable provision by Professional Engineer shall constitute a material breach of the contract.

ENDORSEMENT Professional Engineer shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Professional Engineer or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Engineer shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

GC 8 of 11

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Finance Committee - Agenda - 5/16/2018 - P203

Finance Committee - Agenda - 5/16/2018 - P204

By dnadmin on Mon, 11/07/2022 - 11:40
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
204
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

19.

20.

21.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Professional Engineer related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract shall be the exclusive property
of the City of Nashua and all such materials shall be remitted and delivered, at Professional
Engineer's expense, by Professional Engineer to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Professional Engineer, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional
Engineer in the performance of its obligations under this contract must be retained by
Professional Engineer for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Professional Engineer shall promptly remit and
deliver the materials, at Professional Engineer's expense, to the City of Nashua. Professional
Engineer shall not use, willingly allow or cause to have such materials used for any purpose other
than the performance of Professional Engineer's obligations under this contract without the prior
written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional
Engineer (including those remitted to the City of Nashua by Professional Engineer pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials,

Professional Engineer agrees to indemnify and to hold harmless the City of Nashua, its
representatives, and employees from any claim or action seeking to impose liability, costs, and
reasonable attorney fees incurred as a result of or in connection with any claim, whether rightful
or otherwise, that any material prepared by or supplied to Professional Engineer infringes any
copyright or that any equipment, material, or process (or any part thereof) specified by
Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at
its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

GC 9 of 11

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Finance Committee - Agenda - 5/16/2018 - P204

Finance Committee - Agenda - 5/16/2018 - P205

By dnadmin on Mon, 11/07/2022 - 11:40
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
205
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

22.

23.

24.

25.

26.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Engineer
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Engineer in writing that the whole of the work was
completed on the date indicated in the notice or provide Professional Engineer with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,
Professional Engineer shall promptly complete the work and the final acceptance procedure shall
be repeated. The date of final acceptance of a project by the City of Nashua shall be the date upon
which the Board of Public Works or other designated official accepts and approves the notice of
completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Professional Engineer shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Professional Engineer warrants that no officer or employee of the City of Nashua has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this
contract or in the business of Professional Engineer. If any such interest comes to the attention of
Professional Engineer at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Professional Engineer also warrants that it
presently has no interest and that it will not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed under
this contract. Professional Engineer further warrants that no person having such an interest shall
be employed in the performance of this contract. If City of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City of
Nashua may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Professional Engineer shall refund to the City of Nashua any profits realized under
this contract, and Professional Engineer shall be liable to the City of Nashua for any costs
incurred by the City of Nashua in completing the work described in this contract. At the
discretion of the City of Nashua, these sanctions shall also be applicable to any such conviction
obtained after the expiration or completion of the contract.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or

gifts) were offered or given by Professional Engineer to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the

GC 10 of 11

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Finance Committee - Agenda - 5/16/2018 - P205

Finance Committee - Agenda - 5/16/2018 - P206

By dnadmin on Mon, 11/07/2022 - 11:40
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
206
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

27.

28.

29.

30.

31.

awarding or amending or making of any determinations with respect to the performance of this
contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional Engineer,
including any of their respective agents or employees, shall not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Professional Engineer.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity
or unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted, and
the parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying
the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Professional Engineer. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any
kind or nature not set forth in this contract. No changes, amendments, or modifications of any
terms or conditions of the contract shall be valid unless reduced to writing and signed by both
parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the
State of New Hampshire and any claim or action brought relating to this contract, the work
performed or contracted to be performed thereunder, or referable in anyway thereto shall be
brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in
the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

Neither the City of Nashua nor Professional Engineer shall be liable to the other or shall make
any claim for any incidental, indirect or consequential damages arising out of or connected to this
contract or the performance of the services on this project. This mutual waiver includes, but is not
limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy
savings, diminution of property value or loss of reimbursement or credits from governmental or
other agencies.

GC 11 of 11

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Finance Committee - Agenda - 5/16/2018 - P206

Finance Committee - Agenda - 5/16/2018 - P207

By dnadmin on Mon, 11/07/2022 - 11:40
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
207
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

Exhibit B
Scope of Work

Feasibility Study

Stantec will review available existing information and data prior to commencing design activities.
The existing information we'd like to acquire (if available) includes:
« Existing base plan and survey data, including a digital terrain model.
Existing utility information
GIS data
River flood/flow data
City’s templates for contract and bidding documents.
Resource agency correspondence

The feasibility study phase will include a project kick-off meeting and a site visit with City staff.

An archeological survey and documentation of the site will be completed to conclude NHDHR
review and approval of the project.

Design Phase

Three submittals will be made to the City for review and comment during the design phase.
These will consist of prints of the appropriate-level, progress bid documents. We assume that
these will be electronic, PDF submittals made by Email or FTP site. The design includes the boat
ramp, seasonal waterfront dock/tie-up area, relocation of the outfall in the immediate vicinity,
parking AND coordination for the new gravel access road (approximately 1,200 linear feet) and
associated drainage being designed by the City. Consultant will also provide preliminary
construction cost estimates for proposed improvements.

The Design Phase will include a preliminary design review meeting with City staff and a Board of
Aldermen meeting (likely Infrastructure Committee).

Permitting

Based on our preliminary site assessment and knowledge of the permitting of similar project sites,
we've included the Wetlands (NHDES and the City of Nashua), Shoreland and Alteration of
Terrain (AOT) permits in this scope. Based on our evaluation of the ramp area, we assume the
total area of launch/parking improvements will be less than 30,000 square feet. This area, when
combined with the impact of a new access road (of approximately 1,200 linear feet) will likely
exceed 50,000 square feet thereby triggering the AOT permit. City of Nashua planning board
approval is also required and included in the permitting phase.

Consultant will attend all meetings with regulatory agencies required to complete required
permitting. To complete permitting requirements, consultant may also be required to attend City
of Nashua Conservation Commission meeting and/or site walk, Zoning Board of Adjustments
meeting, and Planning Board meeting.

Final Design and Engineering
Revise plans to incorporate City input and finalize calculations, plans, and narrative to generate
final plan set and construction specifications.

Bid Phase
Stantec will provide the City with contract plans and bid documents and assist with the answering
of technical questions (RFI’s). We will include PDF’s in our plan set and specs from the City for

the access road components of the project. Additional bid phase services are not included but
can be added by contract addendum if desired by the City.

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Finance Committee - Agenda - 5/16/2018 - P207

Finance Committee - Agenda - 5/16/2018 - P210

By dnadmin on Mon, 11/07/2022 - 11:41
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
210
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

Fee Schedule

Client. The City of Nashua Job No:
Project Improvements to Greeley Park Boat Ramp Bate: A4I2018
By: Kevin Gagne
Checked: David Menamara
Stantec Estimate and Fee Reviewed: William Mocre

Assistant

cape Proyeci :
Principal in royent Project Engineer | Engineer?

Charge Manager

Admin Subtotal | Labi Gost (Direct | Tack Labor Cont
Cletical Hours + Indirect) Totals

i}
Review
aval Review

1B0% Review a3)
Conservation Comnyssion

oe
013
86,716.52

3.

omnients

pf Werk

Narrative and

Shoreland Protection Pernt
AoT Permit

with Final Bid Canctructon
Access

Stantec Direct Costs (Mileage Expunses): $ 421.20
Survey $ 4,000.00

Archaeological Documentation: $ ,000.00
Geotechnical/driling: $ 8,100.00

TOTAL EXPENSES $ 16.521.20

TOTAL COST {Labor & Expenses) $ 79,984.01

Page Image
Finance Committee - Agenda - 5/16/2018 - P210

Finance Committee - Agenda - 5/16/2018 - P211

By dnadmin on Mon, 11/07/2022 - 11:41
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
211
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

>) THE CITY OF NASHUA meen ey

Financial Services

Purchasing Department

May 10, 2018
Memo #18-138

TO: MAYOR JIM DONCHESS
FINANCE COMMITTEE

SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) WITH REVIVE RECOVERY FOR PEER

RECOVERY SUPPORT SUPERVISION (VALUE: $0)
DEPARTMENT: 171 COMMUNITY SERVICES; FUND: GRANT FUNDS

Please see attached communication from Bobbie Bagley, Director of Public Health & Community Services
dated May 16, 2018 for the information related to this contract award.

The Director of Division of Public Health & Community Services and the Purchasing Department
recommend the approval of this MOU to Revive Recovery Center of Nashua, NH. The MOU has $0
value.

Respectfully,

Le

‘Dan Kooken
Purchasing Manager

Ce: B Bagley J Graziano

229 Main Street * Nashua, New Hampshire 03061 e Phone (603) 589-3330 e Fax (603) 589-3233

Page Image
Finance Committee - Agenda - 5/16/2018 - P211

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