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 Contractor, 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 Contractor's
performance under the contract. Professional Contractor 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 Contractor should proceed with any or all of the
proposed change. Ifthe change causes an increase or a decrease in Professional Contractor'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 Contractor for
adjustment under this clause shall be asserted in writing within 30 days of the date the City of
Nashua notified Professional Contractor of the change.
When Professional Contractor seeks changes, Professional Contractor 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 Contractor should proceed with any or all of the proposed change.
Except as provided in this paragraph, Professional Contractor 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.
6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate with
Professional Contractor in the performance of its work under this contract and that such personnel
will be available to Professional Contractor 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 Contractor with access to City of Nashua records
in a reasonable time and manner and to schedule items that require action by the Finance Committee
in a timely manner. The City of Nashua and Professional Contractor also agree to attend all
meetings called by the City of Nashua or Professional Contractor to discuss the work under the
Contract, and that Professional Contractor may elect to conduct and record such meetings and shal]
later distribute prepared minutes of the meeting to the City of Nashua.
7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Contractor 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 Contractor. All future questions Professional Contractor 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 Contractor'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
GC 3 of I1
