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.
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
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 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 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 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 Independent Contractor with access
to City of Nashua records in a reasonable time and manner and to schedule items that require
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