10.
ll.
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
ID wW Pw LP =
oo
10.
11.
i2.
13.
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
billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.
The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City of
Nashua will pay Professional Engineer within 30 days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms
and progress reports have been submitted and approved.
DESCRIPTION OF WORK:
To provide professional services in support of, and as an extension of, the City of Nashua's
Engineering Department’s Paving Program. Services to be provided include management,
administration, and construction observation.
CONTRACT FOR PROFESSIONAL SERVICES
PAVEMENT MANAGEMENT ENGINEERING SERVICES
A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND
HAYNER/SWANSON, ENC.
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
Ta:
From:
Re:
B. Motion:
Attachment:
Discussion:
City of Nashua, Public Works Division
Board of Public Works Meeting Date: April 23, 2020
Daniel Hudson, P.E., City Engineer
Engineering Department
Pavement Management Engineering Services — Hayner/Swanson, Inc.
