Finance Committee

AMENDMENT NO.1
TO
AGREEMENT BETWEEN

CITY OF NASHUA, NEW HAMPSHIRE
AND
SANBORN HEAD & ASSOCIATES

FOR
PROFESSIONAL ENGINEERING SERVICES

This AMENDMENT No.1 made the day of , 2020, by and between The
City of Nashua, New Hampshire, (hereinafter called OWNER), and Sanborn, Head & Associates
(hereinafter called ENGINEER).

WHEREAS, an AGREEMENT was entered into on April 17, 2019 between the OWNER and
ENGINEER, which AGREEMENT is entitled “Phase HI Landfill Construction- Quality Assurance
Services.”

City of Nashua, Public Works Division

To: Board of Public Works Meeting Date: December 19, 2019
From: Jeff Lafleur, Superintendent

Solid Waste Department
Re: Phase III Landfill Construction Quality Assurance Services Change Order #1

Attachment: See Motion A Attachment

THE CITY OF NASHUA “the Cate Cty’

Administrative Services

Purchasing Department

January 9, 2020
Memo #20-070

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR PHASE II LANDFILL —- ENGINEERING AMENDMENT #1 (VALUE:
$89,700)
DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE

Please see the attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
December 19, 2019 for the information related to this contract.

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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.

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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

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> 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.

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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.