Agenda

EXHIBIT B
SCOPE OF SERVICES, CONTRACT TIME, FEE SCHEDULE
PROFESSIONAL CONTRACTORING SERVICES

This is an exhibit, dated Wednesday, September 9, 2020, attached to and made part of the Agreement dated Thursday,
September 17, 2020 between D.L. King Inc. (CONTRACTOR) and the City of Nashua, New Hampshire (OWNER).

This exhibit describes the Scope of Services, Contract Time, and Fee Schedule for the project known as the
MYR, Tax, Assessing & City Clerk Office Renovations.

31. CHOICE OF LAW AND VENUE 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.

GC 10 of 9

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RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and remedies
available under the contract shall be in addition to and not a limitation of any duties, obligations, rights, and
remedies otherwise imposed or available by law.

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deliver the materials, at Independent Contractor's expense, to the City of Nashua. Independent Contractor shall
not use, willingly allow or cause to have such materials used for any purpose other than the performance of
Independent Contractor's obligations under this contract without the prior written consent of the City of Nashua.

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limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff,
termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.

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certificates of insurance with the City of Nashua’s Risk Management Department during the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

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if necessary, make an adjustment in the compensation paid to Independent Contractor such that Independent
Contractor receives total compensation in the same amount as it would have received in the event of a
termination-at-will.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a termination at
will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Independent Contractor shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

Contractor shall provide to the City of Nashua within 10 calendar days, a written proposal for accomplishing the
change. The proposal for a change shall provide enough detail, including personnel hours for each sub-task and
cost breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of
Nashua will then determine in writing if Independent Contractor should proceed with any or all of the proposed
change, If the change causes an increase or a decrease in Independent Contractor's cost or time required for

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its successors, transferees
and assignees (together “Independent Contractor”) includes any of the Independent Contractor's consultants, sub
consultants, contractors, and subcontractors