10.
11.
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.
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 a timely manner. The City of Nashua and Professional Contractor also agree to attend
all meetings called by the City of Nashua or Professional Contractor 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 Contractor to perform work under this contract. Approved key
personnel shall not be taken off of the project by Professional Contractor without the prior
written approval of the City of Nashua, except in the event of termination of employment.
Professional Contractor 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 Contractor”, and its
successors, transferees and assignees (together “Professional Contractor’) includes any of
the Professional Contractor consultants, sub consultants, contractors, and subcontractors
ADAM FY NHN
EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS
PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE
CIry 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
2. A progress report. The report shall include, for each monthly reporting period, a
description of the work accomplished, problems experienced, upcoming work, any extra
work carried out, and a schedule showing actual expenditures billed for the period,
cumulative total expenditures billed and paid to date under the contract, and a comparison
of cumulative total expenditures billed and paid to the approved budget.
the contract the work described.
3. PERIOD OF PERFORMANCE. Professional Contractor shall perform and complete all work by 10-
31-2023 which date shall only be altered by mutually approved written agreement to extend the
period of performance or by termination in accordance with the terms of the contract. Professional
Contractor shall begin performance upon receipt of an Executed Contract and a valid Purchase
Order issued from the City of Nashua.
4. COMPENSATION. Professional Contractor agrees to perform the work for a total cost not to
exceed
CONTRACT FOR PROFESSIONAL SERVICES
TITLE
A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND
The Doty Group Inc
NAME AND TITLE OF PROFESSIONAL CONTRACTOR
26 PLAIN RD. HOLLIS, NH 03049
ADDRESS OF PROFESSIONAL CONTRACTOR
WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from
time to time requires the services of a Professional Contractor; and
THE CITY OF NASHUA
Economic Development
To: L. Wilshire, President
From: T. Cummings, Director
Ce: Members of the Board of Aldermen
Date: March 8, 2022
Re: Communication — Approval & Place on File a Contract for Professional Services related to
the Nashua Downtown Riverfront Project for Doty Landscaping
