17.
18.
19.
Without limitation of the foregoing, Professional Engineer's attention is directed to “Title
41” Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating
to Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor’ which, by this reference, is incorporated in this
contract.
Professional Engineer agrees to assist disadvantaged business enterprises in obtaining
business opportunities by identifying and encouraging disadvantaged suppliers, consultants,
and sub consultants to participate to the extent possible, consistent with their qualification,
quality of work, and obligation of Professional Engineer under this contract.
In connection with the performance of work under this contract, Professional Engineer
agrees not to discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, age, or sexual orientation. This agreement includes,
but is not limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts,
except for subcontracts for standard commercial supplies or raw materials. Any violation of
any applicable provision by Professional Engineer shall constitute a material breach of the
contract.
Endorsement. Professional Engineer shall seal and/or stamp and sign professional
documents including drawings, plans, maps, reports, specifications, and other instruments
of service prepared by Professional Engineer or under its direction as required under the
laws of the State of New Hampshire.
Assignment, Transfer, Delegation, or Subcontracting. Professional Engineer shall not assign,
transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is
void. Any consent of the City of Nashua to any assignment, transfer, delegation, or
subcontracting shall only apply to the incidents expressed and provided for in the written
consent and shall not be deemed to be a consent to any subsequent assignment, transfer,
delegation, or subcontracting. Any such assignment, transfer, delegation, or subcontract
shall require compliance with or shall incorporate all terms and conditions set forth in this
agreement, including all incorporated Exhibits and written amendments or modifications.
Subject to the foregoing provisions, the contract inures to the benefit of, and is binding
upon, the successors and assigns of the parties.
City Inspection of Contract Materials. The books, records, documents and accounting
procedures and practices of Professional Engineer related to this contract shall be subject to
inspection, examination and audit by the City of Nashua, including, but not limited to, the
contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those
entities.
GC 9 of 13
