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