I.
General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, “"DesignLAB”, and its successors,
transferees and assignees (together “DesignLAB”) includes any of the DesignLAB's
consultants, sub consultants, contractors, and subcontractors
DESIGNLAB STATUS The parties agree that DesignLAB shall have the status of and shall
perform all work under this contract as a DesignLAB, 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 DesignLAB, and
nothing in this contract shall create any contractual relationship between the City of Nashua
and DesignLAB's consultants, sub consultants, contractors, or subcontractors. The parties
also agree that DesignLAB 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 DesignLAB 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 DesignLAB shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. DesignLAB warrants that all work shali 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 DesignLAB 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, DesignLAB 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 DesignLAB’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 DesignLAB shall not in any way relieve
DesignLAB 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
DesignLAB'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 DesignLAB shall be and remain
liable in accordance with the terms of the contract and applicable law.
DesignLAB shali furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel
GC 2 of 13
