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Board Of Aldermen - Agenda - 2/8/2022 - P60

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21.

22.

23.

Engineer's expense, to the City of Nashua. Professional 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.

Board Of Aldermen - Agenda - 2/8/2022 - P59

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17.

18.

19.

20.

Professional Engineer agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of work,
and obligation of Professional Engineer under this contract.

Board Of Aldermen - Agenda - 2/8/2022 - P58

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13.

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15.

16.

Board Of Aldermen - Agenda - 2/8/2022 - P57

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11.

in full satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.

INSURANCE Professional Engineer shall carry and maintain in effect during the performance of
services under this contract:

Board Of Aldermen - Agenda - 2/8/2022 - P56

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10.

performance of work terminated, abandoned, or suspended under the notice, assign to
the City of Nashua any orders or sub contracts specified in the notice, and revoke
agreements specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the City of Nashua to resume performance.

Board Of Aldermen - Agenda - 2/8/2022 - P55

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maintain and complete work in accordance with the requirements of the contract or determination
of the City of Nashua. Professional Engineer is responsible for requesting clarification or
interpretation and is solely liable for any cost or expense arising from its failure to do so.

TERMINATION OF CONTRACT

Board Of Aldermen - Agenda - 2/8/2022 - P54

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Professional Engineer, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

Board Of Aldermen - Agenda - 2/8/2022 - P53

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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

Board Of Aldermen - Agenda - 2/8/2022 - P52

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NADY FF YN

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

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY
COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

Board Of Aldermen - Agenda - 2/8/2022 - P51

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5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid,
and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Tim Cummings Robin Bousa

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