as described above within 30 days, the parties’ reserve ihe right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may he limited by
the terms of this contract.
. NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation,
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.
4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or sub contracts to the extent they relate
Gecision within 15 calendar days. The City of Nashua's decision on the matter is final. Amy 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 conununication about the contract shall be addressed or be
delivered to the City of Nashua Representative.
to
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 consuitants, contractors, and subcontractors
Nw
ow
Ta
6.
EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS
PROFESSIGNAL ENGINEER STATUS
STANDARD OF CARE
CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION
DISCOVERY OF CONELICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES
TERMINATION OF CONTRACT
DISPUTE RESOLUTION
NO DAMAGES FOR DELAY
INSURANCE
INDEMNIFICATION
FISCAL CONTINGENCY
COMPENSATION
5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.
6. NOTICES. All notices. requesis. 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 John C. Vancor, P.E., Vice Pres.
Director of Economic Development Hayner/Swanson, Inc.
3, PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work by December
31, 2020 which date shall only be altered by mutually approved written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Professional Engineer shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.
4. COMPENSATION, Professional Engineer agrees to perform the work for a total cast not to exceed
Twenty Four Thousand Dollars ($24,000 }
BANLOILOC 5
CONTRACT FOR PROFESSIONAL SERVICES
A CONTRACT BETWEEN
THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND
Hayner/Swansen, Ine.
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
WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Engineer ; and
Exhibit A
DeRoche, Amy ~
From: Bakos, Greg <gbakos@VHB.com>
Sent: Friday, July 10, 2020 2:09 PM
To: Cummings, Tim
Cc: DeRoche, Amy; Bussiere, Louise
Subject: HSI Release
CAUTION: This email came from ouiside of the organization, Do not click links/onen altachments if source is
ubknown
Hi Tim,
