6. City of Nashua Cooperation The City of Nashua agrees that its personnel will cooperate
8.
with Professional Engineer in the performance of its work under this contract and that such
personnel will be available to Professional Engineer 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 Engineer with
access to City of Nashua records in a reasonable time and manner and to schedule items
that 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.
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