10.
11.
subcontractors, 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. If the 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. If the 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, no 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 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.
> $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
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