CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran
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:
Woodard & Curran 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 to Final
Completion 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.
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