1,
General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Consultant”, and its successors,
transferees and assignees (together “Consultant”) includes any of the Consultant's consultants,
sub consultants, contractors, and subcontractors
CONSULTANT STATUS The parties agree that Consultant shall have the status of and shall
perform all work under this contract as a Consultant, 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 Consultant, and nothing in this contract shall create
any contractual relationship between the City of Nashua and Consultant's consultants, sub
consultants, contractors, or subcontractors. The parties also agree that Consultant 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 Consultant 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 Consultant shall be responsible for the professional quality, technical
accuracy, timely completion, and coordination of all work performed under this. contract.
Consultant 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 Consultant
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, Consultant 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
Consultant'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 Consultant shall not in any way
relieve Consultant 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 Consultant'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 Consultant shall be and remain liable in accordance with
the terms of the contract and applicable law.
Consultant shall 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 Consultant to
perform work under this contract. Approved key personnel shall not be taken off of the project
by Consultant without the prior written approval of the City of Nashua, except in the event of
termination of employment. Consultant 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
GC 2 of 11
