GENERAL CONDITIONS
DEFINITIONS. Unless otherwise required by the context, “Contractor" includes any of the Contractor's
consultants, subconsultants, contractors, and subcontractors
INDEPENDENT CONTRACTORS STATUS AND PROVISION OF WORKERS’ COMPENSATION COVERAGE. The
parties agree that Contractor shall have the status of and shall perform all work under this contract as
an independent contractor, maintaining control over all its consultants, subconsultants, contractors, or
subcontractors. The only contractual relationship created by this contract is between the City and
Contractor, and nothing in this contract shall create any contractual relationship between the City and
Contractor's consultants, subconsultants, contractors, or subcontractors. The parties also agree that
Contractor 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 independent contractor 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.
Contractor agrees, if not exempt, to maintain required workers’ compensation coverage throughout
the entire term of the contract. If Contractor does not maintain coverage throughout the entire term of
the contract, Contractor agrees that City may, at any time the coverage is not maintained by
Contractor, order the Contractor to stop work, suspend the contract, or terminate the contract. For
each six-month period this contract is in effect, Contractor 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 Contractor does not make the request or does not
provide the certificate before the expiration of the six-month period, Contractor agrees that City may
order the Contractor to stop work, suspend the contract, or terminate the contract.
STANDARD OF CARE. Contractor shall be responsible for the professional quality, technical accuracy,
timely completion, and coordination of all work performed under this contract. Contractor 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 Contractor 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, Contractor 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 Contractor'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 Contractor shall not in any
way relieve Contractor of the responsibility for professional and technical accuracy and adequacy of its
work. City review, approval, or acceptance of, or payment for any of Contractor'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 Contractor shall be and remain liable in accordance with the terms of the contract and applicable
law.
Contractor shall furnish competent and skilled personnel to perform the work under this contract. The
City reserves the right to approve key personnel assigned by Contractor to perform work under this
contract. Approved key personnel shall not be taken off of the project by Contractor without the prior
written approval of the City, except in the event of termination of employment. Contractor 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.
City REPRESENTATIVE. The City may designate a City representative for this contract. If designated,
all notices, project materials, requests by Contractor, invoice forms, and progress reports, and any
other communication about the contract shall be addressed or be delivered to the City Representative.
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