1.
General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Professional Consultant’, and its
successors, transferees and assignees (together “Professional Consultant”) includes any of
the Professional Consultant's consultants, sub consultants, contractors, and subcontractors
PROFESSIONAL CONSULTANT STATUS The parties agree that Professional Consultant shall
have the status of and shall perform all work under this contract as a Professional
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 Professional Consultant, and nothing in this contract shall create any
contractual relationship between the City of Nashua and Professional Consultant's
consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Professional 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 Professional 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 Professional Consultant shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Professional 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 Professional 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, Professional 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 Professional 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
Professional Consultant shall not in any way relieve Professional 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 Professional 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 Professional Consultant shall be and remain
liable in accordance with the terms of the contract and applicable law.
Professional 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
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