In the event of a termination, abandonment, or suspension at will, 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 and
compensation for work thereafter completed as specified in the notice. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work.
Engineer with access to City of Nashua records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee
in atimely manner. The City of Nashua and Professional Engineer also agree to attend all
meetings called by the City of Nashua or Professional Engineer to discuss the work under
the Contract, and that Professional Engineer may elect to conduct and record such meetings
and shall later distribute prepared minutes of the meeting to the City of Nashua.
assigned by Professional Engineer to perform work under this contract. Approved key
personnel shall not be taken off of the project by Professional Engineer without the prior
written approval of the City of Nashua, except in the event of termination of employment.
Professional Engineer shall, if requested to do so by the City of Nashua, remove from the
job any personnel whom the City of Nashua determines to be incompetent, dishonest, or
uncooperative.
1.
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
SD YF YY
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
TERMINATION OF CONTRACT
DISPUTE RESOLUTION
NO DAMAGES FOR DELAY
INSURANCE
INDEMNIFICATION
FISCAL CONTINGENCY
COMPENSATION
COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION
approved budget. Specifically, Professional Engineer agrees to provide the following with each
request for payment:
1. Appropriate invoice forms. The forms shall include the project purchase order number,
a listing of personnel hours and billing rates, and other expenditures for which payment is
sought.
2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer
shall furnish all services, equipment, and materials and shall perform all operations necessary and
required to carry out and perform in accordance with the terms and conditions of the contract the
work described.
DESCRIPTION OF WORK:
PLEASE SEE ATTACHED SCOPE OF WORK UNDER EXHIBIT B (APPROACH TO WoRK)
CONTRACT FOR PROFESSIONAL SERVICES
A CONTRACT BETWEEN
THE CITY OF NASHUA
229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND
its successors, transferees and assignees (together “Professional Engineer’’)
FITZEMEYER & TOCCI
NAME AND TITLE OF PROFESSIONAL ENGINEER
300 UNICORN PARK DRIVE 5™ FLOOR, WOBURN, MA 01801
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
THE CITY OF NASHUA “The Cate City"
Office of Economie Development
TO: Jim Donchess, Mayor & Michael O’Brien, Chair
FROM: —= Tim Cummings, Economic Development Director
Date: May 24, 2022
RE: Approval of a Contract for Commissioning Services provided by
Fitzemeyer and Tocci relative to the new DPW Administrative Office
Building
The enclosed document is a not to exceed contract of $27, 550.00 to Fitzemeyer and Tocci. The
scope of work to be provide is for commission services.
City of Nashua
Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233
May 27, 2022
Memo #22-291
TO: Mayor Donchess
Finance Committee
SUBJECT: Commissioning Services in the amount not to exceed $27550 funded from 53107 Architect &
Engineering Services/DPW Facility
