Finance Committee

no fault of Independent Contractor, the City of Nashua fails to pay Independent Contractor for 45
days after the date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Independent Contractor shall:

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

Provide the City of Nashua with a list of all unperformed services.

Place no further orders or sub-contracts for materiais, services, or facilities, other than

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES.
Independent Contractor warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to
Independent Contractor. All future questions Independent Contractor may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua

Independent Contractor shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Independent Contractor to perform work under this contract. Approved key personnel shall not
be taken off of the project by Independent Contractor without the prior written approval of the
City of Nashua, except in the event of termination of employment. Independent Contractor shall,

The Independent Contractor shall be responsible for cutting, fitting or patching required
completing the Work or to make its parts fit together properly.

The Independent Contractor shall keep the premises and surrounding area free from accumulation
of debris and trash related to the Work.

carefully compare this and other information known to the Independent Contractor with the
Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to
the City of Nashua.

Within ten (10) days of notification of award, and prior to commencement of work, the
Independent Contractor shall obtain and forward to City of Nashua a Performance Bond and a
Payment Bond representing 100% of the contract work

1,

General Terms and Conditions

GENERAL PROVISIONS

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.

The term “Work” means the construction and services required by the Contract Documents, and
include all other labor, materials, equipment and services provided by the Independent Contractor
to fulfill their obligations.

Nn WF WN |

oe

10.
11.
12.
13.
14.
15.
16,
17,
18.
19.
20. .
21,
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

GENERAL PROVISIONS
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

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Division of Public Works Director, Lisa Fauteux
9 Riverside Street
Nashua, NH 03062

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written
notice to the other party.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

CONTRACT FOR INDEPENDENT CONTRACTOR
DESIGN - BUILD

REPLACEMENT FOR THE DAVID DEANE SKATEBOARD PARK

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

ARTISANS SKATEPARKS
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR °°

4600 TAMARACK DRIVE, KITTY HAWK, NC, 27949
ADDRESS OF INDEPENDENT CONTRACTOR