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, subconsultants, 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, subconsultants, 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, subconsultants, 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 shall use reasonable care to comply with all applicable
federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements in effect at the time services are rendered, which to the best of
Professional Engineer knowledge, information and belief applies to Professional
Engineers obligation under this agreement. In addition to all other nghts 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.
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