A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with
the Contract Documents, will survive final payment, completion, and an acceptance of the Work or termination or
completion of the Agreement.
17.05 Controlling Law
A. This contract shall be governed exclusively by the laws of the State of New Hampshire and any claim or action
brought relating to this contract, the work performed or contracted to be performed thereunder, or referable in anyway
thereto shall be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the
New Hampshire 9th Circuit Court—Nashua and not elsewhere
17.06 Access to Records
A. At ail times during regular business hours, CONTRACTOR shall provide full and free access to the OWNER,
ENGINEER, and State of New Hampshire to any books, documents, papers, and records related to the work for the
purpose of examination, audit, and duplication. The CONTRACTOR shall maintain all required accounts, records, and
books for three years after final completion of the work.
17.07 Road Closures and Traffic Delays
A. Partial or full closure of streets in order to facilitate construction will be permitted, or required by the Engineer in
accordance with the following:
1. If the CONTRACTOR proposes a closure, the CONTRACTOR notifies the OWNER in writing at least 5 days
prior to the proposed closure of his intent to close the road.
2. At least 5 days prior to the proposed closure, the CONTRACTOR shall submit a detour traffic plan for each
location being detoured.
3. The CONTRACTOR shall install standard traffic control devices in accordance with the Detour Signage plan
provided in the bid documents and the Manual on Uniform Traffic Control Devices (MUTCD.)
4. The detour signage shall be covered when the road closure is not in effect.
B. CONTRACTOR shall notify the following agencies of any traffic delays or road closures three days in advance of
the work:
Nashua Police Department: (603) 594-3500
Nashua Fire Department: (603) 594-3652
School Bus Garage: (603) 594-4300
Nashua Solid Waste Department (603) 589-3410
Nashua Building Department (603) 589-3080
17.08 Prohibited Interests
A. CONTRACTOR shall not allow any officer or employee of the OWNER to have any indirect or direct interest in
this contract or the proceeds of this contract CONTRACTOR warrants that no officer or employee of the OWNER has
any direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of CONTRACTOR. If any such interest comes to the attention of CONTRACTOR at any time, a full and
complete disclosure of the interest shall be immediately made in writing to the OWNER. CONTRACTOR also
warrants that it presently has no interest and that it will not acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance of services required to be performed under this contract.
CONTRACTOR further warrants that no person having such an interest shall be employed in the performance of this
contract. If OWNER determines that a conflict exists and was not disclosed to the OWNER, it may terminate the
contract at will or for cause in accordance with Article 15.02.
GC - 52 of 53
