General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
General Contractor's consultants, sub consultants, contractors, and subcontractors
GENERAL CONTRACTOR STATUS The parties agree that General Contractor shall have the
status of and shall perform all work under this contract as a General Contractor, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only
contractual relationship created by this contract is between the City of Nashua and General
Contractor, and nothing in this contract shall create any contractual relationship between the
City of | Nashua and Professional Engineer's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Professional Engineer is not a
City of Nashua employee and that there shall be no:
(1) Withholding of income taxes by the City of Nashua:
(2) Industrial insurance coverage provided by the City of Nashua;
(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;
(4) Participation or contributions by either the General Contractor or the City of
Nashua to the public employee’s retirement system;
(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;
(6) Unemployment compensation coverage provided by the City of Nashua.
STANDARD OF CARE General Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. General Contractor 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 General Contractor to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
General Contractor shall, at its own expense and without additional compensation, re-perform
work to correct or revise any deficiencies, omissions, or errors in the work or the product of the
work or which result from General Contractor's failure to perform in accordance with this
standard of care. Any approval by the City of Nashua of any products or services furnished or
used by General Contractor shall not in any way relieve General Contractor of the responsibility
for professional and technical accuracy and adequacy of its work. City of Nashua review,
approval, or acceptance of, or payment for any of General Contractor's work under this contract
shall not operate as a waiver of any of the City of Nashua's rights or causes of action under
this contract, and General Contractor shall be and remain liable in accordance with the terms of
the contract and applicable law.
General Contractor shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
General Contractor to perform work under this contract. Approved key personnel shall not be
taken off of the project by General Contractor without the prior written approval of the City of
Nashua, except in the event of termination of employment. General Contractor shall, if requested
to do so by the City of Nashua, remove from the job any personnel whom the City of Nashua
determines to be incompetent, dishonest, or uncooperative.
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