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Board Of Aldermen - Agenda - 8/11/2020 - P129

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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

Board Of Aldermen - Agenda - 8/11/2020 - P128

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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

Board Of Aldermen - Agenda - 8/11/2020 - P127

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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.

Board Of Aldermen - Agenda - 8/11/2020 - P126

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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

Board Of Aldermen - Agenda - 8/11/2020 - P125

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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

Board Of Aldermen - Agenda - 8/11/2020 - P124

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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. 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.

Board Of Aldermen - Agenda - 8/11/2020 - P123

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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 }

Board Of Aldermen - Agenda - 8/11/2020 - P122

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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

Board Of Aldermen - Agenda - 8/11/2020 - P121

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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,

Board Of Aldermen - Agenda - 8/11/2020 - P120

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\ THE CITY OF NASHUA “the Cate City

Economic Development

To: L. Wilshire, President
From: T. Cummings, Director
Ce: Members of the Board of Aldermen

Date: July 27, 2020
Re: Communication —- Approval & Place on File A Contract Amendment for Professional

Engineering Services related fo the Nashua Downtown Riverfront Implementation Project
Hayner/Swanson, Inc.

Pagination

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