GENERAL CONDITIONS
1, DEFINITIONS. Unless otherwise required by the context, "Professional Engineer” includes any of
the Professional Engineer's consultants, sub consultants, contractors, and subcontractors
2. PROFESSIONAL ENGINEER STATUS AND PROVISION OF WORKERS’ COMPENSATION
COVERAGE. The parties agree that Professional Engineer shall have the status of and shall perform all
work under this contract as a Professional Engineer, maintaining control over all its consultants, sub
consultants, contractors, or subcontractors. The only contractual relationship created by this contract is
between the City and Professional Engineer, and nothing in this contract shall create any contractual
relationship between the City and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City employee and that there
shall be no:
(1) Withholding of income taxes by the City:
(2) Industrial insurance coverage provided by the City;
(3) Participation in group insurance plans which may be available to employees of the
City;
(4) Participation or contributions by either the Professional Engineer or the City to the
public employee’s retirement system;
(5) Accumulation of vacation leave or sick leave provided by the City;
(6) Unemployment compensation coverage provided by the City.
Professional Engineer agrees, if applicable and before commencing any work under the contract, to
complete and to provide the following written request to its insurer:
Wright-Pierce has entered into a contract with the City of Nashua to perform work upon
receipt of an Executed Contract_and_a valid Purchase Order issued from the City and requests
that the Insurer provide to the City of Nashua 1) a certificate of coverage, and 2) notice of any
lapse in coverage or nonpayment of coverage that the Professional Engineer is required to
maintain. The certificate and notice should be mailed to:
Risk Management
City of Nashua
229 Main Street
Nashua, NH 03060
Professional Engineer agrees, if not exempt, to maintain required workers’ compensation coverage
throughout the entire term of the contract. If Professional Engineer does not maintain coverage
throughout the entire term of the contract, Professional Engineer agrees that City may, at any time the
coverage is not maintained by Professional Engineer, order the Professional Engineer to stop work,
suspend the contract, or terminate the contract. For each six-month period this contract is in effect,
Professional Engineer agrees, prior to the expiration of the six-month period, to provide another written
request to its insurer for the provision of a certificate and notice of lapse in or nonpayment of coverage. If
Professional Engineer does not make the request or does not provide the certificate before the expiration
of the six-month period, Professional Engineer agrees that City may order the Professional Engineer to
stop work, suspend the contract, or terminate the contract.
3. STANDARD OF CARE. Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this contract.
Professional Engineer 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 Professional Engineer to assure at
its own expense that all work is technically sound and in conformance with all applicable federal, state,
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