Finance Committee

17.

Ma= Except for the Professional Liability insurance, the insurance provided herein is primary,
and no insurance held or owned by the City of Nashua shall be called upon to
contribute to aloss required to be covered by Professional Consultant’s insurance
policies hereunder.

12. INDEMNIFICATION Regardless of any coverage provided by any insurance, Professional Consultant

13.

14.

15.

16.

10.

11.

as described above within 30 days, the parties may request that the dispute be submitted to the Board
of Aldermen for resolution. If the parties are dissatisfied with the decision of the Board of Aldermen,
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.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract that
is not terminated.

for Professional Consultant's question or position. The City of Nashua representative shall render 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 Professional
Consultant prior to having received the City of Nashua's resolution shall be at Professional
Consultant's risk and expense. At all times, Professional Consultant shall carry on the work under

CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by Professional
Consultant, and any other communication about the contract shall be addressed or be delivered to
the City of Nashua Representative.

1.

2.

General Terms and Conditions

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

AnD YM PF YN PF

EXHIBIT A TABLE OF

CONTENTS GENERAL
CONDITIONS
DEFINITIONS
PROFESSIONAL CONSULTANT 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

6. NOTICES. All notices, requests, or approvals required or permitted to be given under
contract shall be in writing, shall be sent via email, and shall be addressed to:

CITY OF NASHUA
REPRESENTATIVE:

Kim Kleiner, Director

Division of Administrative Services

229 Main Street

Nashua, NH 03062
Email: kleinerk@nashuanh.gov

Contact:

Ben Schmitz

required to carry out and perform in accordance with the terms and conditions of the contract the work
described.

3. PERIOD OF PERFORMANCE. Professional Consultant 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. Professional Consultant shall
begin performance upon receipt of an Executed Contract and_a valid Purchase Order issued from the City
of Nashua.