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 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 personne! 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 shail 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
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 action by the Board of Public Works and Finance Committee in a timely
manner. The City of Nashua and Independent Contractor also agree to attend all meetings called by the
City of Nashua or Independent Contractor to discuss the work under the Contract, and that Independent
Contractor may elect to conduct and record such meetings and shall later distribute prepared minutes of the
meeting to the City of Nashua.
7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES Independent
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 Independent Contractor. All future questions
Independent 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 Independent 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 affected by a conflict, error, omission, or discrepancy which has been performed by
Independent Contractor prior to having received the City of Nashua's resolution shall be at Independent
Contractor's risk and expense. At all times, Independent Contractor shall carry on the work under this
