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Almont Street - 2
Ashland Street
Barnesdale Road
Beaver Street
Bedford Street
loomingdale Drive
‘armmbridge Road
annon Drive
Coburn Avenue
Ducas Avenue
Fairhaven Road
Fairmount Street - 1
airmount Street - 2
Fowell Ave
Gillis Street
Gillis Street - 1
Gillis Street - 2
Gilman St
Hazel Avenue
Lincoln Ave
Massasoil Road
orwich Road
Park Ave
Parker Drive
Peele Road
Drive
Pratt St
Robinhood Road - 1
Shadowbrook Drive
Drive
Stevens St

aylor St

lor St
enby Drive - 1
Drive

wilight Drive
WwW te Crossin
Zellwood St

Table: 2019 PAVING LIST (Asphalt testing Locations)

Nowell St
Ed ood Ave
Lancaster Dr
Carmine Rd
Broad St
Saint Laurent St
Conant Rd
Woodfield St
Hampton Dr
Broad St (A
Eastbrook Dr
Amherst St
1S5Q°E of Hutchinson
Main St
Arlington St
Allds St
Arlington St
Woodward Ave
Jolori Lr
Main St
Indian Rock Rd
Newburgh Rd
Main St
Ridge Rd
Shelley Dr
West Hollis St
Lawndale Ave
Nottin Dr
Byron Dr
Thoreau Dr
Main St
Main St
Fifield St
In Front of
Browning Ave
Teak Drive Connector
West Hollis St
Pratt St

Lund Rad
Manchester St
Harris Rd
Marie Ave
Cul-De-Sac
Hideaway Rd
Pittsburgh Dr
Taschereau Blvd

Broad St
t Change
Farmington Rd
Charles St
End (House ## 65
dead end
Allds St
Arlington St
Haines St
Sa St
Gosselin Rd
Fifield St
End (5'W of CBs
Westwood Dr
dead end
Elmer Dr
Spencer Dr
End (House # 2
Main St
Fountain Ln
Spindlewick Dr
Whitman Rd
dead end
Fifield St
Carolina Dr
House #1t Ten
Whitman Rd
Michael Ave
Main Dunstable Rd
Fowell Ave

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Dr

2,128
875
1,490
804
1.504
2,234
926
1,386
1,080
1,011
692
1,825
11]
1.440
976
779
1,639
2,640
1,922
1,946
5,784
335

1,588.14
901.08
506,27
§52.96
660.37
407.27
963.46
844.46
838.44
469.54
596.58
312.77

1,156.23
510.5]
T0713
767.10

1,356.02
523.95
584.93
481,74
$42.28
982.37
535.08
496.80

2.1175216
1.2014443
0.6750258
0.7372774
0.8804986
0.54302 12
1.2846182
1.1259496
1.1179149
0.6260529
0.7954404
0.417025
1.5416414
0.68068
1.02284
1.0227999
1.808028 |
0.6986
0.7799042
0.64232
07230388
1.3098246
0.71344
0.6624049
489.31 0.6524148
389,72 0.519628
409,50 0.546
691.60 0.92213
438.90 0.5852037
616.43 0.8219089
598.71 0.79828
$16.39 0.68852
1,019.55 1.3594
1,879.48 2.5059672
792.87 1.0571565
1,319.90 1.7598729
2,304.05 3.072866
207,27 0.27636

No. of Cores needed=
Assume 60 cores are needed

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A.l Geotechnical Analyses & Recommendations

TTG intends to subcontract the geotechnical engineering work to SLR International
(formerly HTE Northeast, Inc.) out of Bedford, NH. TTG has performed many similar
water/land projects with SLR support.

SLR will provide reasonably conservative geotechnical analyses and recommendations for
the TTG final design structures. It is TTG’s understanding that prior to construction, the City
will obtain (at the direction and approval of TTG/SLR} new subsurface (land and water)
borings. Data from the borings will be used to confirm; or adjust SLR foundation
recommendations.

If the TTG designs change, the City will be notified and a scope and budget for any redesigns
provided.

A.2 — Spot Field (Instrument) Surveys

Certain design details (Bicentennial Park — 4 Water Street elevated boardwalk interface,
new retaining wall under the expanded deck where 4 Water Street’s elevated boardwalk
meets Renaissance Park/dock gangway, the substation screening foundation, etc.) will
require more “in-situ” ground elevation points and existing structure feature information.
TTG will be requesting 2 to 3 days of HSI field survey crew time to obtain this information
for TTG.

A.3 - Project Progress Meetings

In addition to the design coordination meetings identified in the scope for “basic” final
engineering design services, TTG has estimated 12 project progress meetings with the City
and its project representatives, to present ongoing design results, discuss budget/schedule
status, and identify potential problems. We expect these meetings would be 1 to 2 hours in
length and involve two TTG project staff to prepare, attend/present, and provide certain
meeting follow-up.

A.4 - Construction Manager (CM) Coordination

TTG understands the City plans on utilizing a CM to assist it in implementing the Riverfront
Project. It is likely the CM will be issuing RFls, Requests for Clarifications, and doing value
engineering assessments of the TTG final engineering design. T7G recognizes that time will
need to be allocated to coordinate with the City CM; but the extent and scope is
undefinable at this time.

Our services for this project will be provided in accordance with the attached “Standard
Conditions for Engagement” dated January 1, 2022.

Final Engineering Design Proposal 05-11-22 6
4920

TURNER
GROUP

CONTRACT FOR INDEPENDENT CONTRACTOR

2019 ASPHALT TESTING

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

5.W. COLE ENGINEERING, INC.
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

13 DELTA DRIVE #8, LONDONDERRY, NH 03053
ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to
time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are
made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services
Exhibit C-- S.W. Cole Bid Schedule, dtd February 20, 2019

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.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the written
change order or the fully executed City of Nashua Purchase Order shall control over the terms of the
Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor 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 in the
Proposal.

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3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within the time
periods set forth and may only be altered by the parties by a written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Independent Contractor shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

Completion time for the project will be as follows:

Substantial completion shall be by October 15, 2019, Substantial completion occurs when all samples are
taken.

Contract compietion shall be by October 31, 2019. Contract completion occurs when all test results are
received by the City.

4, COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed
FORTY-EIGHT THOUSAND SIX HUNDRED DOLLARS
($48,600.00)

The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance with
the values stated in the Agreement. Such applications shall be supported by such data substantiating the
Independent Contractor’s right to payment as the City of Nashua may reasonably require. Independent
Contractor shal] submit monthly requests for payment for services performed under this agreement directly
to:

» Electronically via email to VendorAPInvoices(@NashuaNH.gov
OR
> Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Please donot submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires that
al] submitted invoices contain a valid PURCHASE ORDER NUMBER.

Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month. The
City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

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

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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:
Mandeep Gill, P.E. Andrew Michaud

Division of Public Works, Engineering 5.W. Cole Engineering, Inc.
9 Riverside Street 13 Delia Drive #8

Nashua, NH 03062 Londonderry, NH 03053

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

LA

City of Nashua, NH (signature) WE Ww CSW OLE Engineering, Inc. (signature)
Janes Donchess, Mayor Jason G, Richard, Chief Financial Officer
(Printed Name and Title) (Printed Name and Title)

March 13, 2019

Date Date

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR 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

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
City INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON- WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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General Terms and Conditions

DEFINITIONS Unless otherwise required by ithe context, "Independent Contractor”, and its
successors, transferees and assignees (together “Independent Contractor”) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors

INDEPENDENT CONTRACTOR STATUS The parties agree that Independent Contractor shall have
the status of and shall perform all work under this contract as a Independent Contractor,
maintaining control over all its consultants, sub consultants, contractors, or subcontractors. The
only contractual relationship created by this contract is between the City of Nashua and
Independent Contractor, and nothing in this contract shall create any contractual relationship
between the City of Nashua and Independent Contractor's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Independent Contractor is not a City of
Nashua employee and that there shall be no:

(1} Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Independent Contractor or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua:

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Independent Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Independent Contractor warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Independent Contractor to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Independent Contractor shall, at its own expense and without additional compensation, re-
perform work to correct or revise any deficiencies, omissions, or errors in the work or the product
of the work or which result from Independent Contractor's failure to perform in accordance with
this standard of care. Any approval by the City of Nashua of any products or services furnished
or used by Independent Contractor shall not in any way relieve Independent Contractor of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Independent Contractor's work under
this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and Independent Contractor shall be and remain liable in accordance with the
terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Independent Contractor to perform work under this contract. Approved key personnel shall not
be taken off of the project by Independent Contractor without the prior written approval of the
City of Nashua, except in the event of termination of employment. Independent Contractor 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.

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4. CrTy OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua

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representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or wark to be
performed, either increasing or decreasing the scope, character, or cost of Independent
Contractor's performance under the contract. Independent Contractor shall provide to the City of
Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal
for a change shall provide enough detail, including personnel hours for cach sub-task and cost
breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The
City of Nashua will then determine in writing if Independent Contractor should proceed with any
or all of the proposed change. If the change causes an increase or a decrease in Independent
Contractor's cost or time required for performance of the contract as a whole, an equitable
adjustment shall be made and the contract accordingly modified in writing. Any claim of
Independent Contractor for adjustment under this clause shall be asserted in writing within 30
days of the date the City of Nashua notified Independent Contractor of the change.

When Independent Contractor seeks changes, Independent Contractor shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. ‘The City of Nashua will then determine in writing
if Independent Contractor should proceed with any or all of the proposed change.

Except as provided in this paragraph, Independent Contractor shall implement no change unless
the City of Nashua in writing approves the change. Unless otherwise agreed to in writing, ihe
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shall be confirmed in
writing as soon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination.

CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Independent Contractor in the performance of its work under this contract and that such
personnel will be available to Independent Contractor for consultation at reasonable times and
after being given sufficient advance notice that will prevent conflict with their other
responsibilities. The City of Nashua also agrees to provide Independent Contractor with access to
City of Nashua records in a reasonable time and manner and to schedule items that require action
by the Board of Public Works and Finance Committee in a timely manner. The City of Nashua
and Independent Contractor also agree to attend all meetings called by the City of Nashua or
Independent Contractor to discuss the work under the Contract, and that Independent Contractor
may elect to conduct and record such meetings and shall later distribute prepared minutes of the
meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Independent Contractor warrants that it 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
Independent Contractor. All future questions Independent Contractor may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Independent Contractor's question or position. The City of Nashua representative shall render

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a decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any
work affected by a conflict, error, omission, or discrepancy which has been performed by
Independent Contractor prior to having received the City of Nashua's resolution shall be at
Independent Contractor's risk and expense. At all times, Independent Contractor shall carry on
the work under this contract and maintain and complete work in accordance with the
requirements of the contract or determination of the City of Nashua. Independent Contractor 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

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. Ifthe City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Independent Contractor 10 day’s written notice of its intent to do so.

if all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Independent
Contractor shall:

Immediately discontinue work on the date and to the extent specified in the notice.

Place no further orders or subcontracts 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.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or subcontracts specified in the notice, and
revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a

written notice from the City of Nashua to resume performance.

Ree

In the event of a termination, abandonment, or suspension at will, Independent Contractor shall
receive all amounts due and not previously paid to Independent Contractor for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for
work thereafter completed as specified in the notice. No amount shall be allowed or paid for
anticipated profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Independent Contractor in the event of a failure by Independent
Contractor to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress
on the work In a timely and professional manner. Independent Contractor shall be given an
opportunity for consultation with the City of Nashua prior to the effective date of the termination.
Independent Contractor may terminate the contract on 10 calendar days written notice if, through
no fault of Independent Contractor, the City of Nashua fails to pay Independent Contractor for 45
days afier the date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Independent Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the City of Nashua with a list of all unperformed services.

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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
to the 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.

In the event of a termination for cause, Independent Contractor shall receive all amounts due and
not previously paid to Independent Contractor for work satisfactorily completed in accordance
with the contract prior to the date of the notice, less all previous payments. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work. Any
such payment may bc adjusted to the extent of any additional costs occasioned to the City of
Nashua by reasons of Independent Contractor's failure. Independent Contractor shall not be
relieved of liability to the City of Nashua for damages sustained from the failure, and the City of
Nashua may withhold any payment to the Independent Contractor until such time as the exact
amount of damages due to the City of Nashua is determined. All claims for payment by the
Independent Contractor must be submitted to the City of Nashua within 30 days of the effective
date of the notice of termination.

If after termination for the failure of Independent Contractor to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua,
to complete or make sufficient progress on the work in a timely and professional manner, it is
determined that Independent Contractor had not so failed, the termination shall be deemed to
have been a termination at will. In that event, the City of Nashua shall, if necessary, make an
adjustment in the compensation paid to Independent Contractor such that Independent Contractor
receives total compensation in the same amount as it would have received in the event of a
termination-at-will.

C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party
or otherwise. In the event Independent Contractor shall cease conducting business, the City of
Nashua shall have the right to solicit applications for employment from any employee of the
Independent Contractor assigned to the performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Independent Contractor's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within
Independent Contractor's control.

DISPUTE RESOLUTION The parties shall attempt to resolve any dispute related to this contract
as follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. 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 Independent Contractor
Representative. At all times, Independent Contractor shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination or direction of the City of Nashua. If the parties are unable to resolve their dispute

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