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 Consultant's
performance under the contract. 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 Consultant should proceed with any or all of the proposed change. If
the change causes an increase or a decrease in 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 Consultant for adjustment under this clause shall be asserted in
writing within 30 days of the date the City of Nashua notified Consultant of the change.
When Consultant seeks changes, 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 Consultant should
proceed with any or all of the proposed change.
Except as provided in this paragraph, 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 Consultant in the performance of its work under this contract and that such personnel will be
available to 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 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 Public Works and Finance
Committee in a timely manner. The City of Nashua and Consultant also agree to attend all
meetings called by the City of Nashua or Consultant to discuss the work under the Contract, and
that 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
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 Consultant. All
future questions 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 for 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 1s final. Any work affected by a conflict, error, omission, or
discrepancy which has been performed by Consultant prior to having received the City of
Nashua's resolution shall be at Consultant's risk and expense. At all times, Consultant shall carry
on the work under this contract and maintain and complete work in accordance with the
requirements of the contract or determination of the City of Nashua. Consultant is responsible for
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