Finance Committee - Agenda - 9/16/2020 - P112
12.
i3.
14.
Independent Contractor is responsible for and required to remedy all damage or loss to
any property, including property of the City of Nashua, caused in whole or part by
independent Contractor or anyone employed, directed, or supervised by Independent
Contractor.
> The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.
Finance Committee - Agenda - 9/16/2020 - P111
10.
11,
as described above within 30 days, the parties may request that the dispute be submitted to the
Board of Public Works for resolution. If the parties are dissatisfied with the decision of the Board
of Public Works, 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.
Finance Committee - Agenda - 9/16/2020 - P110
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.
4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or sub contracts to the extent they relate
Finance Committee - Agenda - 9/16/2020 - P109
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 im accordance with the
Finance Committee - Agenda - 9/16/2020 - P108
4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
ta
representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other comrmunication about the contract shall be addressed or be
delivered to the City of Nashua Representative.
Finance Committee - Agenda - 9/16/2020 - P107
1.
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
Finance Committee - Agenda - 9/16/2020 - P106
Be WN
IA
co
11.
12.
13,
14.
16.
17.
18.
19.
20.
21.
22.
23.
24,
26.
27,
28.
29,
30.
31.
EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS
INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE
Ciry oF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
Ciry OF NASHUA COOPERATION
DISCOVERY OF CONELICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES
TERMINATION OF CONTRACT
Finance Committee - Agenda - 9/16/2020 - P105
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.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.
City of Nashua, NH (signature) (signature)
Finance Committee - Agenda - 9/16/2020 - P104
3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work by
November 30, 2020 which date shall only be altered by mutually approved 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.