CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C
1. DEFINITIONS. Unless otherwise required by the context, "ENGINEER” includes any of the
ENGINEER's consultants, sub consultants, contractors, and subcontractors
2. ENGINEER STATUS AND PROVISION OF WORKERS’ COMPENSATION
COVERAGE. The parties agree that ENGINEER shal! have the status of and shall perform all work
under this contract as a ENGINEER, maintaining control over all its consultants, sub consultants,
contractors, or subcontractors. The only contractual relationship created by this contract is between the
OWNER and ENGINEER, and nothing in this contract shall create any contractual relationship between
the OWNER and ENGINEER's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that ENGINEER is not an OWNER employee and that there shall be no:
(1) Withholding of income taxes by the OWNER:
(2) Industrial insurance coverage provided by the OWNER; |
(3) Participation in group insurance plans which may be available to employees of the
OWNER;
(4) Participation or contributions by either the. ENGINEER or the OWNER to the public
employee’s retirement system;
(5) Accumulation of vacation leave or sick leave ‘pedvided by the OWNER;
(6) Unemployment compensation coverage. poudes by the OWNER.
3. STANDARD OF CARE. ENGINEER shall be respomple for the professional quality, technical
accuracy, timely completion, and coordjfation of all work performed under this contract. 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 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 OWNER
may have, 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 ENGINEER's failure to.perform in accordance with this standard of care. Any approval by
the OWNER of any products or services furnished or used by ENGINEER shall not in any way relieve
ENGINEER of the responsibility for professional and technical accuracy and adequacy of its work.
OWNER review, approval, or acceptance of, or payment for any of ENGINEER's work under this
contract shall not operate as a waiver of any of the OWNER's rights or causes of action under this
contract, and ENGINEER shall be and remain liable in accordance with the terms of the contract and
applicable law.
ENGINEER shall furnish competent and skilled personnel to perform the work under this contract. The
OWNER reserves the right to approve key personnel assigned by ENGINEER to perform work under this
contract. Approved key personnel shall not be taken off of the project by ENGINEER without the prior
written approval of the OWNER, except in the event of termination of employment. ENGINEER shall, if
requested to do so by the OWNER, remove from the job any personne] whom the OWNER determines to
be incompetent, dishonest, or uncooperative.
4, OWNER REPRESENTATIVE. The OWNER may designate an OWNER representative for this
contract. If designated, all notices, project materials, requests by ENGINEER, and any other
communication about the contract shall be addressed or be delivered to the OWNER Representative.
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