4. . 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
Engineer, and any other communication about the contract shall be addressed or be delivered to the City
of Nashua Representative.
5. 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 Engineer's
performance under the contract. Professional Engineer 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 Engineer should proceed with any or all of the proposed change. If the change causes an
increase or a decrease in Professional Engineer'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 Engineer for adjustment under this clause shall be asserted in writing within 30 days
of the date the City of Nashua notified Professional Engineer of the change.
When Professional Engineer seeks changes, Professional Engineer 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
Engineer should proceed with any or all of the proposed change.
Except as provided in this paragraph, Professional Engineer 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 ali 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.
6. CITY OF NASHUA COOPERATION. The City of Nashua agrees that its personnel will cooperate
with Professional Engineer in the performance of its work under this contract and that such personnel will
be available to Professional Engineer 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 Engineer 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 Professional Engineer also agree to attend all meetings called by
the City of Nashua or Professional Engineer to discuss the work under the Contract, and that Professional
Engineer may elect to conduct and record such meetings and shall later distribute prepared minutes of the
meeting to the City of Nashua.
7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES.
Professional Engineer represents 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 Engineer. All future
questions Professional Engineer 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 Professional Engineer's question or position. The City of
Nashua representative shail 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 Engineer prior to having received the City of Nashua's resolution shall be at
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