STANDARD OF CARE Service Provider shall be responsible for the professional quality, technical
accuracy, timely completion, and coordination of all work performed under this contract. Service
Provider warrants that all work shall be performed with the degree of professional skill, care,
diligence, and sound practices and judgment that are normally exercised by recognized professional
firms with respect to services of a similar nature. It shall be the duty of Service Provider to assure
at its own expense that all work is technically sound and in conformance with all applicable federal,
state, and local laws, statutes, regulations, ordinances, orders, or other requirements. In addition to
all other rights which the City of Nashua may have, Service Provider shall, at its own expense and
without additional compensation, re-perform work to correct or revise any deficiencies, omissions,
or errors in the work or the product of the work or which result from Service Provider's failure to
perform in accordance with this standard of care. Any approval by the City of Nashua of any
products or services furnished or used by Service Provider shall not in any way relieve Service
Provider of the responsibility for professional and technical accuracy and adequacy of its work.
City of Nashua review, approval, or acceptance of, or payment for any of Service Provider's work
under this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of
action under this contract, and Service Provider shall be and remain liable in accordance with the
terms of the contract and applicable law.
Service Provider 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 Service
Provider to perform work under this contract. Approved key personnel shall not be taken off of the
project by Service Provider without the prior written approval of the City of Nashua, except in the
event of termination of employment. Service Provider 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 Service
Provider, 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 Service Provider's
performance under the contract. Service Provider 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 Service Provider should proceed with any or all of the proposed change. If
the change causes an increase or a decrease in Service Provider'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 Service Provider for adjustment under this clause
shall be asserted in writing within 30 days of the date the City of Nashua notified Service Provider
of the change.
When Service Provider seeks changes, Service Provider 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 Service
Provider should proceed with any or all of the proposed change.
Except as provided in this paragraph, Service Provider 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
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