1.
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 Professional Engineer's consultants, sub consultants, contractors, and subcontractors
PROFESSIONAL ENGINEER STATUS 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 of Nashua
and Professional Engineer, 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 Professional Engineer 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 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, and local
laws, statutes, regulations, ordinances, orders, or other requirements. In addition to all
other rights which the City of Nashua may have, Professional Engineer 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 Professional Engineer'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
Professional Engineer shall not in any way relieve Professional Engineer 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 Professional Engineer'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 Professional Engineer shall be and remain liable
in accordance with the terms of the contract and applicable law.
Professional Engineer shall furnish competent and skilled personnel to perform the work
under this contract. The City of Nashua reserves the right to approve key personnel
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