Agenda

24. TAXES. The City shall pay or reimburse Service Provider, as appropriate, for all
categories of taxes, other than income tax, including without limitation, use, sales consumer, local
license, levies, duties, and assessments of every nature due in connection with any work performed.
under the contract. Service Provider is responsible to make any and all payroll deductions required
by law. The contract sum and agreed variations to it shall include all taxes imposed by law. Service

materials to the City. Service Provider shall not use, willingly allow or cause to have such materials
used for any purpose other than the performance of Service Provider's obligations under this
contract without the prior written consent of the City. Service Provider shall not be responsible
for any claims arising out of the City’s extraction or modification of the material, or for any claims
arising out of the use of such materials by the City for any other purpose than that which is
expressly set forth under this Contract.

17. FEDERAL SUBCONTRACTING REQUIREMENTS. If Service Provider awards a subcontract
under this contract, Service Provider, if applicable, shall use the following alternative steps:

A. Using the services of the Small Business Administration and the Minority
Business Development Agency of the United States Department of
Commerce, as appropriate; and

B. Requiring the subcontractor, if it awards subcontracts, to take the
affirmative steps set forth in paragraph A.

days of receipt of invoice and The City shall pay all undisputed invoices of Service Provider in
full within 30 days of the submitted monthly invoice forms and progress reports.

days after the City issues the notice of award. The City of Nashua requires thirty days written
notice of cancellation of coverage. The certificates and endorsements for each insurance policy
must be signed by a person authorized by the insurer and who is authorized 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. Service Provider is responsible

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

performance of work terminated, abandoned, or suspended under the notice, assign
to the City 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 to resume performance.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES.
The City shall furnish to Service Provider all information and technical data in the City’s
possession or control reasonably required for the proper performance of the Services. Service
Provider shall be entitled to reasonably rely without independent verification upon the information
and data provided by the City or obtained from generally accepted sources within the industry,
except to the extent such verification by Service Provider is expressly required as a defined part of

Service Provider shall furnish competent and skilled personnel to perform the work under this
contract. The City reserves the right to approve key personnel assigned by Service Provider to
perform work under this contract. Approved key personnel shall not be taken off of the project by
Service Provider without the prior written approval of the City, except in the event of termination
of employment. Service Provider shall, if requested to do so by the City, remove from the job any

GENERAL CONDITIONS

1. DEFINITIONS. Unless otherwise required by the context, "Service Provider” includes
any of the Service Provider's consultants, sub consultants, contractors, and subcontractors