In performing these services we understand that our efforts will always be as directed by the
City Engineer. At times, we may perform services which the City’s standard General Conditions
for construction contracts assign to the “Engineer”. We note that performing these duties will
not bestow upon us the role and responsibilities of “Engineer” as defined in the construction
contract.
RATS /T Hayner/Swanson, Ince.
Civil Engineers/Land Surveyors
EXHIBIT B
February 11, 2021
Ms. Lisa Fauteux
Director of Public Works
9 Riverside Street
Nashua, NH 03062
Dear Ms. Fauteux:
30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
31,
contract between the City of Nashua and Professional Engineer. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any
kind or nature not set forth in this contract. No changes, amendments, or modifications of any
terms or conditions of the contract shall be valid unless reduced to writing and signed by both
parties.
15.
16.
17.
decides otherwise, the City of Nashua shall pay Professional Engineer in full within 30 days
of approval of the submitted monthly invoice forms and progress reports.
12.
13.
14.
on the certificate of insurance. Professional Engineer is responsible for filing updated
certificates of insurance with the City of Nashua's Risk Management Department during the
life of the contract.
10.
11.
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within
Professional Engineer's control.
on the work in a timely and professional manner. Professional Engineer shall be given an
opportunity for consultation with the City of Nashua prior to the effective date of the
termination. Professional Engineer may terminate the contract on 10 calendar days written
notice if, through no fault of Professional Engineer, the City of Nashua fails to pay Professional
Engineer for 45 days after the date of approval by the City of Nashua of any Application for
Payment.
Upon receipt of notice of termination for cause, Professional Engineer shall:
