10,
11.
CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
consultants, vendors, or suppliers are expressly recognized to be within Professional Engineer'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 Professional Engineer Representative.
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 or determination or direction of
the City of Nashua. Ifthe parties are unable to resolve their dispute as described above within 30
days, the parties may request that the dispute be submitted to the Board of Public Works for
resolution. Ifthe parties are dissatisfied with the decision of the Board of Public Works, the parties’
reserve the right to pursue any available legal and/or equitable remedies for any breaches of this
contract except as that right may be limited by the terms of this contract.
NO DAMAGES FOR DELAY Apart from a written extension of time, ne payment, compensation, or
adjustment of any kind shall be made to Professional Engineer for damages because of hindrances
or delays in the progress of the work from any cause, and Professional Engineer agrees to accept
in full satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.
INSURANCE Professional Engineer shall carry and maintain in effect during the performance of
services under this contract:
> General Liabiltty insurance in the amount of $1,000,000 per occurrence; $2,000,000
agercgate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.
Professional Engineer 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 Professional Engineer are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional Engineer.
Subcontractors are subject to the same insurance requirements as Professional Engineer and it shall
be the Professional Engineer’s responsibility to ensure compliance of this requirement.
Professional Engineer 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 of Nashua issues the notice of award. The City of Nashua requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the insurer and who is licensed
by the State of New Hampshire. General Liability and Auto Liability policies must name the
City of Nashua as an additional insured and reflect on the certificate of insurance. Professional
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