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Finance Committee - Agenda - 3/17/2021 - P28

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
28
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

10.

11.

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 may request that the dispute be submitted to the
Board of Public Works for resolution. If the parties are dissatisfied with the decision of the Board
of Public Works, 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 in full satisfaction of such hindrances and delays any extension of time to
perform services 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.

GC 6 of 12

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Finance Committee - Agenda - 3/17/2021 - P28

Finance Committee - Agenda - 3/17/2021 - P29

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
29
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

12.

13.

14.

15.

> 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.

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, attorney’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,

GC 7 of 12

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Finance Committee - Agenda - 3/17/2021 - P29

Finance Committee - Agenda - 3/17/2021 - P30

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
30
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

16.

17.

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 41 C.F.R. §
60-1.4, and the clause entitled "Equal Opportunity Clause" which, by reference, is incorporated
into this contract, to 41 C.F.R. § 60-250 et seq. and the clause entitled "Affirmative Action
Obligations of Professional Engineers and Subcontractor for Disabled Veterans and Veterans of
the Vietnam Era," which, by reference, is incorporated in this contract, and to 41 C.F.R. § 60-471
and the clause entitled "Affirmative Action Obligations of Professional Engineers and
Subcontractors for Handicapped Workers," 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.

FEDERAL SUBCONTRACTING REQUIREMENTS If Professional Engineer awards a subcontract
under this contract, Professional Engineer, if applicable, shall use the following alternative steps:

A. Using the services of the Small Business Administration and the Minority
Business Development Agency of the United States Department of Commerce,
as appropriate; and

B. Requiring the subcontractor, if it awards subcontracts, to take the affirmative
steps set forth in paragraph A.

C. If applicable, Professional Engineer agrees to complete and submit to the City of Nashua
a Minority Business Enterprise/(Woman Business Enterprise (MBE/WBE) Utilization

GC 8 of 12

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Finance Committee - Agenda - 3/17/2021 - P30

Board Of Aldermen - Minutes - 10/24/2017 - P5

By dnadmin on Sun, 11/06/2022 - 21:54
Document Date
Tue, 10/24/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 10/24/2017 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__102420…

Board of Aldermen — 10/24/17 Page 5
Cultural Connections Committee

MOTION BY ALDERMAN LOPEZ TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF DOMINQUE
BOUTAUD, 91 BARTEMUS TRAIL, NASHUA, TO THE CULTURAL CONNECTIONS COMMITTEE FOR A
TERM TO EXPIRE SEPTEMBER 30, 2020

MOTION CARRIED

President McCarthy declared Dominque Boutaud duly appointed to the Cultural Connections Committee for a
term to expire September 30, 2020.

Oath of Office administered by Corporation Counsel.

Nashua Airport Authority

MOTION BY ALDERMAN LEBRUN TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF SANDRA
CUSHING-ADAMS, 5 SCARBOROUGH DRIVE, NASHUA, AND FARRELL T. WOODS, 162 BUSH HILL
ROAD, HUDSON, TO THE NASHUA AIRPORT AUTHORITY FOR TERMS TO EXPIRE AUGUST 31, 2018
AND AUGUST 31, 2022, RESPECTIVELY

ON THE QUESTION

Alderman Schoneman

| was unable to attend the PAA meeting when these appointments were heard. | just want to say that I’m very
glad these two folks have decided to step up again. | think the Airport Authority is doing a very good job over

there. They are really doing an outstanding job. These two and the other three. | want to thank them at this
time for their service.

Alderman Siegel

| just want to remark that it is probably a lot easier for Sandy this time around. She’s done a great job.
President McCarthy

| was not going to point that out.

MOTION CARRIED

President McCarthy declared Sandra Cushing-Adams and Farrell T. Woods duly appointed to the Nashua
Airport Authority for terms to expire August 31, 2018, and August 31, 2022, respectively.

Oath of Office administered by Corporation Counsel to Farrell T. Woods

Planning Board

MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE FOLLOWING INDIVIDUALS
TO THE NASHUA CITY PLANNING BOARD FOR TERMS TO EXPIRE MARCH 31, 2020: ALTERNATE
MAGGIE HARPER, 3 TAFT STREET, NASHUA, AND DANIEL KELLY, 9 LILAC COURT, NASHUA
MOTION CARRIED

President McCarthy declared Maggie Harper and Daniel Kelly duly appointed to the Nashua City Planning
Board for terms to expire March 30, 2020.

Oath of Office administered by Corporation Counsel.

Page Image
Board Of Aldermen - Minutes - 10/24/2017 - P5

Finance Committee - Agenda - 3/17/2021 - P31

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
31
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

18.

19.

20.

21.

22.

Report (Standard Form 334) within 30 days after the end of each fiscal quarter until the
end 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, 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. Professional Engineer may retain one copy of the
information produced under this Agreement for archival purposes.

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 21), 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.

GC 9 of 12

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Finance Committee - Agenda - 3/17/2021 - P31

Finance Committee - Agenda - 3/17/2021 - P32

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
32
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

23.

24.

25.

26.

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 nights 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 reasonable attorney
fees incurred as a result of or in connection with any claim, whether nghtful 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 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 nghts 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.

GC 10 of 12

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Finance Committee - Agenda - 3/17/2021 - P32

Finance Committee - Agenda - 3/17/2021 - P33

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
33
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

27.

28.

29.

30.

31.

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, entertamment 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 nghts 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 imvalid 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

GC 11 of 12

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Finance Committee - Agenda - 3/17/2021 - P33

Finance Committee - Agenda - 3/17/2021 - P34

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
34
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

32.

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 Souther Judicial District or in
the New Hampshire 9th Circuit Court—Nashua and not elsewhere

GC 12 of 12

Page Image
Finance Committee - Agenda - 3/17/2021 - P34

Finance Committee - Agenda - 3/17/2021 - P35

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
35
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

February 2021 EXHIBIT B

City of Nashua, NH
Siphon Rehabilitation
Scope of Work for Engineering Design Services

Background

During the Phase 1 of the City’s CMOM program the City’s eight inverted siphons were cleaned and inspected.
The siphons were constructed between the 1960’s and the early 1980’s. Six siphons are triple-barrel and two are
double-barrel comprised of various materials and diameters ranging from 6 inches to 60 inches in diameter.
Below is an inventory of the siphons inspected:

Table 1 Inventory of Siphons Inspected

weak Name ee Size (in) Material — Length (ft)
18 RCP
CSO 6 Trestle Bridge Nashua River 48 RCP 183
60 RCP
10 Cl
Canal St Parking Lot Nashua River 36 RCP 252
36 RCP
21 RCP
Main St Nashua River 30 RCP 180
60 RCP
10 Cl
Fairmount St Nashua River 18 RCP 280
30 RCP
21 RCP
Exit 6 Nashua River 16 Cl 247
8 Cl
a ~ a.
Palisade Dr Salmon River 280
24 Cl
La "noo
7 New Searles Salmon River 70
24 DI
6 DI
Kathy Dr Salmon River 8 DI 186
10 DI

Hazen and Sawyer (Consultant) shall perform engineering services for the rehabilitation of seven of the City’s
eight siphons. The scope includes the following tasks:

Task A Project Administration, Meetings and Quality Assurance/Quality Control
Task B_ Design and Bidding Phase Service

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Finance Committee - Agenda - 3/17/2021 - P35

Finance Committee - Agenda - 3/17/2021 - P36

By dnadmin on Mon, 11/07/2022 - 13:44
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
36
Image URL
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City of Nashua, NH
Siphon Rehabilitation
Scope of Work for Engineering Design and Construction Phase Services

A. Project Administration, Meetings, and Quality Assurance/Quality Control

Al Project Management

This subtask includes time required for general project coordination and management, maintenance of project
records and documentation, control of budget and schedule, including preparation and submission of work
schedules, invoices and monthly progress reports. Monthly progress reports will outline budget, project and
schedule status through all phases of the project.

A2 Quality Assurance / Quality Control (QA/QC)

The on-going QA/QC plan will be updated to address new milestones, and personnel assigned to the project. The
Project Manager will be responsible for developing, tracking and implementing this plan. These QA/QC
procedures shall be employed in order to maintain deliverable quality during all phases of the project. These
procedures will address the use of quality control reviews, engineering and calculations checking, and other
measures necessary to maintain a consistent, complete, high quality and compatible product. A QA/QC review
will be conducted on every submittal prior to delivery to the City. Members of in-house staff not associated with
the Project will be selected to perform these reviews.

Deliverables: | One copy of each monthly invoice and progress report.

A3 Meetings

Consultant will prepare for and attend progress meetings when requested by City staff to review project status,
and to address the technical aspects of the work and results of field investigations, analyses, and other efforts
associated with the project. The Project Manager and the appropriate technical staff will attend these meetings,
as needed for the specific agenda. Consultant will issue an agenda prior to each meeting and will also prepare
the minutes detailing the topics and discussions of each meeting.

Deliverables: Attendance and preparation of agendas for each progress meeting. Preparation and
distribution of one copy of the recorded meeting minutes to all participants after each meeting.

B. Design and Bidding Phase Services (Tasks B1-B2)
Hazen and Sawyer (Consultant) shall perform engineering services for the design and construction of siphon
rehabilitation. The scope includes the following tasks:

Task B1 Design Services for Siphon Rehabilitation
Task B2 Bidding Phase Services

TASK B1 — Design Services for Siphon Rehabilitation

Consultant shall prepare design plans for the rehabilitation of 14 barrels of 7 siphons. The following design
services will be performed under this Task:

FEBRUARY 2021

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Finance Committee - Agenda - 3/17/2021 - P36

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