CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
By mutual agreement on March 3, 2016
City of Nashua and Woodard & Curran
3. 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 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 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 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'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 reserves the right to approve key personnel assigned by Professional Engineer to
perform work under this contract. Approved key personnel shall not be taken off of the project by
Professional Engineer without the prior written approval of the City, except in the event of termination of
employment. Professional Engineer shall, if requested to do so by the City, remove from the job any
personnel whom the City determines to be incompetent, dishonest, or uncooperative.
4. CiTyY REPRESENTATIVE. The City may designate a City representative for this contract. If
designated, all notices, project materials, requests by Professional Engineer, and any other communication
about the contract shall be addressed or be delivered to the City Representative.
5. CHANGES TO SCOPE OF WorRK. The City may, at any time, by written order, make changes to
the general scope, character, or cost of this contract and in the services or work to be performed, either
increasing or decreasing the scope, character, or cost of Professional Engineer's performance under the
contract. Professional Engineer shall provide to the City within 10 calendar days, a written proposal for
accomplishing the change. The proposal for a change shall provide enough detail, including personnel
hours for each sub-task and cost breakdowns of
tasks, for the City to be able to adequately analyze the proposal. The City will then determine in writing if
Professional Engineer should proceed with any or all of the proposed change. If the change causes an
increase or a decrease in Professional Engineer's cost or time required for performance of the contract as a
whole, an equitable adjustment shall be made and the contract accordingly modified in writing. Any
claim of Professional Engineer for adjustment under this clause shall be asserted in writing within 30 days
of the date the City notified Professional Engineer of the change.
When Professional Engineer seeks changes, Professional Engineer shall, before any work commences,
estimate their effect on the cost of the contract and on its schedule and notify the City in writing of the
estimate. The proposal for a change shall provide enough detail, including
personnel hours for each sub-task and cost breakdowns of tasks, for the City to be able to adequately
analyze the proposal. The City will then determine in writing if Professional Engineer should proceed
with any or all of the proposed change.
GC 4 of 13
