EXHIBIT B TO AGREEMENT
BETWEEN
OWNER AND ENGINEER
CAPACITY MANAGEMENT OPERATION AND MAINTENANCE
FOR
SEWER AND DRAINAGE COLLECTION SYSTEMS
RFQ0378-041216
SCOPE OF SERVICES, CONTRACT TIME, FEE SCHEDULE
PROFESSIONAL ENGINEERING SERVICES
This is an exhibit attached to and made part of the Agreement dated June , 2016 between
CDM Smith Inc. fENGINEER) and the City of Nashua, New [lampshire (OWNER).
The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City of Nashua under this contract or at
law.
upon which the Board of Public Works or other designated official accepts and approves the
notice of completion.
Engineer shall not use, willingly allow or cause to have such materials used for any purpose
other than the performance of Professional Engineer's obligations under this contract without the
prior written consent of the City of Nashua.
A; Using the services-ofthe Sinall Business Administration-_and-the Minority
Business_DevelopmentAceney—of the United States_Depariment—of
Hf applicable Prefessicnal_Enginser aeress te_cemplote-and subset tothe City-of Nashua—a
Minority Busi 5 ‘ef Busi E se-(MBEAVBE) Utilization Report
(Standard Form 334) within 30 days after the -end_of eackhfiseal_quarteruntil_the-end-of the
contract.
15. COMPLIANCE WITH APPLICABLE LAWS. Professional Engineer, at ail times, shall fully
and completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Professional
= All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
« If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, Professional Engineer must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.
No dispute shall be considered submitted and no dispute shall be valid under this provision
unless and until the submitting party has delivered the written statement of its position and full
documentation to the other party. The parties shall then attempt to resolve the dispute through
good faith efforts and negotiation between the City of Nashua Representative and a Professional
Engineer Representative. At all times, Professional Engineer shall carry on the work under this
abandonment or suspension at will. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work.
may elect to conduct and record such meetings and shall later distribute prepared minutes of the
meeting to the City of Nashua.
