12.
13.
14.
15.
> 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.
10.
11.
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 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.
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.
decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any work
affected by a conflict, error, omission, or discrepancy which has been performed by Professional
Engineer prior to having received the City of Nashua's resolution shall be at Professional
Engineer's risk and expense. 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
4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Professional Engineer, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.
General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Professional Engineer’, and _ its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors
—
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10.
11.
12.
1
iJ.
14.
15.
16.
17.
18.
19,
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS
PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE
CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION
DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES
CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
Stephen Dookran, P.E. — City Engineer John Vancor, P.E. — Principle Engineer
Division of Public Works, Engineering Hayner/Swanson, Inc.
9 Riverside Street 3 Congress Street
Nashua, NH 03062 Nashua, NH 03062
3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work within the
time periods set forth and may only be altered by the parties by a written agreement to extend the period
of performance or by termination in accordance with the terms of the contract. Professional Engineer shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.
CONTRACT FOR PROFESSIONAL SERVICES
TITLE
A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND
HAYNER/SWANSON, INC.
and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER
3 CONGRESS STREET
NASHUA, NH 03062
ADDRESS OF PROFESSIONAL ENGINEER
WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Engineer ; and
