Finance Committee - Agenda - 4/6/2022 - P344
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.
CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Professional Consultant's
performance under the contract. Professional Consultant 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 Professional Consultant should proceed with any or all of the proposed
change. If the change causes an increase or a decrease in Professional Consultant's cost or time
required for performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Professional Consultant for adjustment
under this clause shall be asserted in writing within 30 days of the date the City of Nashua notified
Professional Consultant of the
change.
When Professional Consultant seeks changes, Professional Consultant shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the City
of Nashua in writing of the estimate. 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
Professional Consultant should proceed with any or all of the proposed change.
Except as provided in this paragraph, Professional Consultant shall implement no change unless the
City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the provisions
of this contract shall apply to all changes. The City of Nashua may provide verbal approval of a
change when the City of Nashua, in its sole discretion, determines that time is critical or public
health and safety are of concern. Any verbal approval shall be confirmed in writing as soon as
practicable. Any change undertaken without prior City of Nashua approval shall not be
compensated and is, at the City of Nashua's election, sufficient reason for contract termination.
CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate with
Professional Consultant in the performance of its work under this contract and that such personnel
will be available to Professional Consultant for consultation at reasonable times and after being given
sufficient advance notice that will prevent conflict with their other responsibilities. The City of
Nashua also agrees to provide Professional Consultant with access to City of Nashua records in a
reasonable time and manner and to schedule items that require action by the Board of Aldermen
and Finance Committee in a timely manner. The City of Nashua and Professional Consultant also
agree to attend all meetings called by the City of Nashua or Professional Consultant to discuss the
work under the Contract, and that Professional Consultant may elect to conduct and record such
meetings and shall later distribute prepared minutes of the meeting to the City of Nashua.
DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Consultant 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 Professional
Consultant. All future questions Professional Consultant may have concerning interpretation or
clarification of this contract shall be submitted in writing to the City of Nashua within 10 calendar
days of their arising. The writing shall state clearly and in full detail the basis
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