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.
Discovery of Conflicts, Errors, Omissions, Ambiguities, or Discrepancies. Professional Engineer
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
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 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 Engineer prior to having received the City of Nashua's resolution shall be at
Professional Engineer's risk and expense. At all times, Professional Engineer 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. Professional Engineer
is responsible for requesting clarification or interpretation and is solely liable for any cost or
expense arising from its failure to do so.
Termination of Contract
A. Termination, Abandonment, or Suspension at Will. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project
and contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or
part of the project, it shall provide Professional Engineer 10 day’s written notice of its intent
to do so.
lf all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Professional
Engineer shall:
1. Immediately discontinue work on the date and to the extent specified in the
notice.
2. Place no further orders or subcontracts 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.
3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under
the notice, assign to the City of Nashua any orders or subcontracts specified in the
notice, and revoke agreements specified in the notice.
4. Not resume work after the effective date of a notice of suspension until receipt of
a written notice from the City of Nashua to resume performance.
GC 4 of 13
