Finance Committee - Agenda - 2/17/2021 - P21
no fault of Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45
days after the date of approval by the City of Nashua of any Application for Payment.
Upon receipt of notice of termination for cause, Professional Engineer shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
. Provide the City of Nashua with a list of all unperformed services.
Finance Committee - Agenda - 2/17/2021 - P20
DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer has examined all contract documents, has brought all conflicts, errors,
discrepancies, and ambiguities to the attention of the City of Nashua in writing, and has
concluded that the City of Nashua's resolution of each matter is satisfactory to Professional
Engineer. All future questions Professional Engineer may have concerning interpretation or
clarification of this contract shall be submitted in writing to the City of Nashua within 10 calendar
Finance Committee - Agenda - 2/17/2021 - P19
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.
Finance Committee - Agenda - 2/17/2021 - P18
General Terms and Conditions
The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.
Finance Committee - Agenda - 2/17/2021 - P17
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EXHIBIT A
TABLE OF CONTENTS
CITY OF NASHUA
GENERAL TERMS AND CONDITIONS
DEFINITIONS
PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE
CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION
Finance Committee - Agenda - 2/17/2021 - P16
IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be
legally bound thereby.
— aF —=—
City of Nashua, NH (signature) Hazen and Sawyer (signature)
Frank J. Ayotte, PE - Associate Vice President
James W. Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)
1-29-21
Date Date
AG 4 of 4
Finance Committee - Agenda - 2/17/2021 - P15
In addition, and to facilitate the proper and timely payment of applications, the City of Nashua
requires that all submitted invoices contain a valid PURCHASE ORDER NUMBER.
Requests for payment shall be submitted no later than fifteen (15) days after the end of each
month and must include a detailed summary of the expenditures reported in a form that supports
the approved budget. Specifically, Professional Engineer agrees to provide the following with
each request for payment:
Finance Committee - Agenda - 2/17/2021 - P14
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:
Finance Committee - Agenda - 2/17/2021 - P13
CONTRACT FOR PROFESSIONAL SERVICES
EPA MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
SUPPORT SERVICES
A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND
HAZEN AND SAWYER
and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER
24 FEDERAL STREET, 5TH FLOOR, BOSTON, MA 02110
ADDRESS OF PROFESSIONAL ENGINEER