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  2. Finance Committee - Agenda - 2/5/2020 - P41

Finance Committee - Agenda - 2/5/2020 - P41

By dnadmin on Mon, 11/07/2022 - 13:33
Document Date
Fri, 01/31/2020 - 12:43
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/05/2020 - 00:00
Page Number
41
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__020520…

Independent Contractor shall furnish competent and skilled personnel to perform the
work under this contract. The City of Nashua reserves the right to approve key personnel
assigned by Independent Contractor to perform work under this contract. Approved key
personnel shall not be taken off of the project by Independent Contractor without the
prior written approval of the City of Nashua, except in the event of termination of
employment. Independent Contractor shall, if requested to do so by the City of Nashua,
remove from the job any personnel whom the City of Nashua determines to be
incompetent, dishonest, or uncooperative.

. ClITy 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 Independent Contractor, and any other communication about the contract
shall be addressed or be delivered to the City of Nashua Representative.

CHANGES TO SCOPE OF WorRK 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
Independent Contractor's performance under the contract. Independent 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 Independent Contractor should proceed with any or all of the
proposed change. If the change causes an increase or a decrease in Independent
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
Independent Contractor for adjustment under this clause shall be asserted in writing
within 30 days of the date the City of Nashua notified Independent Contractor of the
change.

When Independent Contractor seeks changes, Independent 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 Independent Contractor should proceed with
any or all of the proposed change.

Except as provided in this paragraph, Independent 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.

CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will

cooperate with Independent Contractor in the performance of its work under this contract
and that such personnel will be available to Independent Contractor for consultation at

GC 3 of 11

Page Image
Finance Committee - Agenda - 2/5/2020 - P41

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