Agenda

a decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any
work affected by a conflict, error, omission, or discrepancy which has been performed by
Independent Contractor prior to having received the City of Nashua's resolution shall be at
Independent Contractor's risk and expense. At all times, Independent Contractor shall carry on
the work under this contract and maintain and complete work in accordance with the

4. CrTy OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua

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representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

General Terms and Conditions

DEFINITIONS Unless otherwise required by ithe 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

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK

CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

6, NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid,
and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
Mandeep Gill, P.E. Andrew Michaud

Division of Public Works, Engineering 5.W. Cole Engineering, Inc.
9 Riverside Street 13 Delia Drive #8

Nashua, NH 03062 Londonderry, NH 03053

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within the time
periods set forth and may only be altered by the parties by a written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Independent Contractor shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

Completion time for the project will be as follows:

CONTRACT FOR INDEPENDENT CONTRACTOR

2019 ASPHALT TESTING

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

5.W. COLE ENGINEERING, INC.
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

13 DELTA DRIVE #8, LONDONDERRY, NH 03053
ADDRESS OF INDEPENDENT CONTRACTOR

Almont Street - 2
Ashland Street
Barnesdale Road
Beaver Street
Bedford Street
loomingdale Drive
‘armmbridge Road
annon Drive
Coburn Avenue
Ducas Avenue
Fairhaven Road
Fairmount Street - 1
airmount Street - 2
Fowell Ave
Gillis Street
Gillis Street - 1
Gillis Street - 2
Gilman St
Hazel Avenue
Lincoln Ave
Massasoil Road
orwich Road
Park Ave
Parker Drive
Peele Road
Drive
Pratt St
Robinhood Road - 1
Shadowbrook Drive

lids Street
Amherst Street-1
Amherst Street-2
Amherst Street-3
Canal Street-1
Canal Street-2
Canal Street-3
East Hollis Street (EB)-6
East Hollis Street (WB)-7
East Hollis Street-2
East Hollis Street-3
East Hollis Street-4
East Hollis Street-5
Kinsley Streel-1
Ki Street-2
Lake Street-2

e Street-3

Lake Street-4
Lake Street-5

ain Dunstable Road 2

To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 28, 2019

Stephen Dookran, P.E., City Engineer
Engineering Department

2019 Asphalt Testing — Arterial Roadways; Local & Collector Roadways
Construction