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  2. Finance Committee - Agenda - 12/4/2019 - P102

Finance Committee - Agenda - 12/4/2019 - P102

By dnadmin on Mon, 11/07/2022 - 13:01
Document Date
Wed, 11/27/2019 - 14:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 12/04/2019 - 00:00
Page Number
102
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__120420…

subcontractors, consultants; vendors, or suppliers are expressly recognized to be within Service
Provider's control.

9, DISPUTE RESOLUTION. Any dispute not within the scope of section 7 or section 8 shall be

resolved under this paragraph. 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 Representative and a Service Provider
representative. At all times, Service Provider 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. If the dispute is not resolved within 30 days, either party may request that
the dispute be submitted to the Board of Public Works for final resolution. The decision of the
Board of Public Works shall be final and binding on the parties. If either party is dissatisfied with
the decision of the Board of Public Works, that party may immediately terminate the contract under
this paragraph, with Service Provider being entitled to compensation for work actually and
satisfactorily performed up to the time of the termination and the City being entitled to all contract
materials in accordance with paragraph 21, and compensation for any additional damages or
expenses incurred in completing the work under the contract, including, without limitation, the
costs of securing the services of other Service Providers.

10. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment,
compensation, or adjustment of any kind shall be made to Service Provider for damages because
of hindrances or delays in the progress of the work from any cause, and Service Provider agrees
to accept in full satisfaction of such hindrances and delays any extension of time that the City may
provide.

11. INSURANCE. Service Provider shall carry and maintain in effect during the performance
of services under this contract:

> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
5 $1.000.000 Profession Liabilisy:
> and Workers' Compensation Coverage in compliance with the State of New Hampshire
statutes, $100,000/$500,000/3 100,000.

Service Provider shall maintain in effect at all times during the performance under this contract all
specified insurance coverage with insurers. None of the requirements as to types and limits to be
maintained by Service Provider are intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by Service Provider under this contract. The City of
Nashua shall not maintain any insurance on behalf of Service Provider. Subcontractors are subject
to the same insurance requirements as Service Provider and it shall be the Service Provider’s
responsibility to ensure compliance of this requirement.

Service Provider will provide the City of Nashua with certificates of insurance for coverage as

listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City issues the notice of award. The City of Nashua requires thirty days written

GC 7 of 13

Page Image
Finance Committee - Agenda - 12/4/2019 - P102

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