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10.

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,
to 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 as described above within 30
days, the parties’ reserve the nght 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

GC 5 of 11

11.

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.
Subcontractors are subject to the same insurance requirements as Professional Engineer and it shall
be the Professional Engineer’s responsibility to ensure compliance of this requirement.

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 insurer 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
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 responsible for and required to remedy all 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.

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

agrees to indemnify and hold harmless the City of Nashua, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of action,
legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,

GC 6 of 11

13.

14.

15.

16.

attomey’s fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part 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.

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.

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, 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
physical 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.

GC 7 of 11

17.

18.

19.

20.

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.

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, 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

GC 8 of 11

Attachment #1
Agreement with Steve King Auto

fl My Holocaust Memorial in Nashua, Inc.
> mM 4 24 Ghayenne Drive

Nashua, NH 03063
(803) $69-2316

Agreement and Authorization to Install a Video Surveillance System
Amended 29 January, 2614

The Holocaust Memorial in Nashua, Inc. a tax-exempt non-profit corporation witk office in 24
Cheyenne Drive, Nashua NH (herein referred to es “The Corporation”) is buikding 2 Holocaust
Memorial in Rotary Common Park located at 315 Main Street in Nashua. NEL quirsuanl lo 8
Viemorandum of Agreement with the City of Nashua (sce yyw. nhlolocaustmemon

This construction includes a video surveillance system: to record possible vandaliem of the
memorial and deter unc identify intruders. The Corporation has contracted with ID Video
Solutions with offive in 2 Warren Lune, Merrimack, NH to perform the installation of the video
surveillance system, consisting of video cameras und network support equipment.

The Corporation has arranged with Steve King Auie Saies & Service locnted et 321 Main St.
Nashua, NH 03060 to mount up to 8 video cameras on and near its building or on the memorial
site, coanecs these through seuled access holes drilled in the exterior walls to nctwork support
equipment stored a1 a tovked cubinet mounted to the exterior wall inside the building, and
connect the network suppert squipment to Sve King Auto's existing internet Service Provider
(TSP}, Comeast. Steve King Auto Sales & Service will also provide 24/7 access to its 120VAC
facility power to run this equipment.

in compensation, one (1) video carnera will be mounted on the building t» view the frant parking
iot to video second, deter and identify intruders. Steve King Auto Sales & Service will wot
incur costs to mount, operate and maintain this camera, but will have warestricted and
password protected aceess to all cameras of the video surveillance system on a 24/7 basis.

The cameras, the network support equipment and the storage cabinet rernain under ownership of
the Corporation. ‘The Cerporation reserves the option te remove or repluce any camera, except the
camera assigned to view the Stove King Auto Sales & Service parking lot, which can only be
removed or replaced after notification tw Steve King Auto Sales & Service
The installation is contracted t be completed on/before 28 February 2014,

This agreement remains in force unless terminated by wither party, upon natice.

We agree te the arrangement described herein and §S gz Aute Seles & S
authorizes ID Video Solutions and iis agents, subject to lis Instylation contract with the
Cerporation, to install the network support equipment inside its building and mount video
cameras on its building, Eeiry to the facility for purpose of performing the installation will be
arranged on. a daily basis between ID Video Sctutions and Steve King.

wo i a ey oe
shal ela, Qoettt
Ab uot 24 Lm Meek m Ie Good S 4
Fred § ‘Teeboom Date Steve Ki: ,

President Owner and Operator
Holocaust Memorial in Maslin, Ine Steve King Auto and Sules & Service

3. This contract does not obligate the City to remit payment from its General Fund, or from any
other moneys or credits belonging to the City. The City shall not be liable for, and Contractor
releases, indemnifies and hold the City harmless from, any claims or demands for:

a. costs paid or expenses reimbursed by any third party;

b. expenses incurred either prior to or after the term of this contract, and the parties agree that
this does not apply to a hold-over period, as the Contractor shall be paid Operating Funds
during any holder-over period;

c. expenses incurred for items or services outside the scope of services to be provided by
Contractor; or

d. any costs or liabilities arising from the acts or omissions of contractor, its employees,
agents, contractors and/or guests and invitees.

C. Network Access. A number of institutional network access points, and origination points for
cablecast to the cable operator (better known as “drops’”) are installed throughout the city as part
of the City infrastructure or under a provision of the standard cable operator franchise. These
“drops” are intended to allow the production of live, on-site cablecasting. Contractor may, at its
discretion and free of charge, make use of these drops in the production of live cablecast
productions, subject to City guidelines and/or supervision. Contractor shall coordinate and
schedule use of the network through the PEG Program Department. Contractor shall be
responsible for any damage to such drops to the extent Contractor may have been the party causing
such damage if negligently or willfully caused.

SECTION 6. PAYMENTS TO CONTRACTOR.

A. Method of Payment

At the beginning of each calendar quarter, the City shall pay Contractor one-fourth of the annual
Operating Funds allocated for the contract year. The first payment to Contractor following
execution of this contract shall be due within thirty (30) days of the first day of the quarter.
Thereafter, Contractor shall submit an invoice for annual or quarterly payment (as agreed by the
parties) to the Contract Manager prior to the beginning of each calendar quarter (April 1, July 1
October 1, and January 1) or new fiscal year. City shall pay Contractor this amount within thirty
(30) days of receipt of the request for payment.

B. Expenditure of Funds/Carry-over Funding

The Contractor shall expend funds provided by the City solely for Public Access purposes
identified and authorized in this Agreement. Funds not expended in one funding year shall be
carried over for said purposes into succeeding years. Upon termination or expiration of this
Agreement, all funds of any kind received pursuant to this Agreement from the City and not
expended by Contractor shall be returned to the City or carried over into a subsequent agreement
between the City and the contractor or its successor. The Contractor shall provide for such financial
control and accounting procedures as are necessary to assure proper disbursement and accounting
for funds received from the City.

C. Contract Close Out

12|Page

21.

22.

23.

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 expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Engineer
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and 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.

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 Director of
Economic Development 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.

GC 9 of 11

24.

25.

26.

27.

28.

29.

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
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

GC 10 of 11

30.

31,

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.

GC 11 of 11

Exhibit B

Project# 52636.01
Nashua Downtown Riverfront - ENVIRONMENTAL ANALYSIS

Task # Task Name

00100 Prime Wetland Boundary

|00200 Wetland Mitigation

|00300 Stream Assessment

|00400 Rare Species

]00500 Wetland Permit

|o0600 Army Corps SPGP

|00700 AoT Coordination

]00800 NHDHR RPR

|o0900 Cultural Resource Surveys

]01000 Section 106 Coordination

]01100 Permitting Follow On

]01200 Archaeolgical Coordination

01 300 Soil and Groundwater Assessment
]01400 Soil and Groundwater Management Plan

Average Hourly Price Rate
Total Hours
Total Labor Price

Bakos, Greg Cilley, Cynthia Cloutier, Dave

Design
Manager

1
8

24

16
16

$215.00
91
$19,565.00

Sr. CAD

32

40

$125.00
92
$11,500.00

Sr. Water
Resource
Engineer

16
16

$155.00
32
$4,960.00

Fleurat,
Annique
Water
Resource
Engineer

32
24

$145.00
56
$8,120.00

Hooper, Jason

Sr.
Environmental
Engineer

40
$165.00
40
$6,600.00

Lemire, Russ

Engineer

100

$135.00
100
$13,500.00

Martin, Nicole

Envi Scientist

20

$105.00
182
$19,110.00

McSweeney,
Ariana
Cultural
Resource
Specialist

32
110

$105.00
142
$14,910.00

Nahlik, Rene

Sr.
Environmental
Engineer

60
120
$165.00
180
$29,700.00

Pelletier,
Stephanie

GIS Specialist Environmental

14
14
$115.00
84
$9,660.00

Ragalwar,
Rucha

Engineer

44
56
$135.00
100
$13,500.00

Stuart-Knight, Wagner, Walker, Peter
Quinn Christopher
Sr Cultural Sr. Biologist Project
Resource Manager
Specialist
4
16
4
24
16
8 4
50 4
88 16
16
8 4
4
8
$155.00 $205.00 $235.00
154 16 105
$23,870.00 $3,280.00 $24,675.00

Wilkes,
Kristopher
Sr.
Environmental
Scientist
4

12

24

10

$165.00
51
$8,415.00

Total Hours

25
120
52
12
200
12
216
62
172
120
62
12
122
238

1425

ESTIMATED DIRECT EXPENSES $
ALLOWANCE FOR ARCHAEOLOGICAL SUBCONSULTANT (IF NEEDED): $
ALLOWANCE FOR ASBESTOS SUBCONSULTANT (IF NEEDED): $

AMENDMENT TOTAL

$225,365.00

Total Labor
Price

3,615.00
18,600.00 |
7,860.00 |
1,450.00 |
29,000.00 |
1,260.00 |
30,800.00 |
7,810.00 |
21,160.00 |
20,840.00 |
10,950.00 |
2,180.00 |
18,390.00 |
37,450.00 |

211,365.00
4,000.00
5,000.00
5,000.00