General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Service Provider”, and its successors,
transferees and assignees (together “Service Provider”) includes any of the Service Provider's
consultants, sub consultants, contractors, and subcontractors
SERVICE PROVIDER STATUS The parties agree that Service Provider shall have the status of and
shall perform all work under this contract as a Service Provider, maintaining control over all its
consultants, sub consultants, contractors, or subcontractors. The only contractual relationship
created by this contract is between the City of Nashua and Service Provider, and nothing in this
contract shall create any contractual relationship between the City of Nashua and Service
Provider's consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Service Provider 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 Service Provider 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 Service Provider shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Service Provider 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 Service Provider 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 of Nashua may have,
Service Provider 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 Service Provider'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 Service
Provider shall not in any way relieve Service Provider 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 Service Provider'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 Service Provider
shall be and remain liable in accordance with the terms of the contract and applicable jaw.
Service Provider shal] furnish competent and skilled personnel to perform the work under this
contract. The City of Nashua reserves the right to approve key personnel assigned by Service
Provider to perform work under this contract. Approved key personnel shall not be taken off of
the project by Service Provider without the prior written approval of the City of Nashua, except in
the event of termination of employment. Service Provider shall, if requested to do so by the City
of Nashua, remove from the job any personnel whom the City of Nashua determines to be
incompetent, dishonest, or uncooperative.
CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by Service
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