responsible for filing updated certificates of insurance with the City of Nashua's Risk
Management Department during the life of the contract.
¢ All deductibles and self-insured retentions shall be fully disclosed in the
certificate(s) of insurance.
¢ If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Contractor must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.
¢ The specified insurance requirements do not relieve Contractor of its
responsibilities or limit the amount of its liability to the City or other persons, and
Contractor is encouraged to purchase such additional insurance, as it deems
necessary.
¢ The insurance provided herein is primary, and no insurance held or owned by the
City of Nashua shall be called upon to contribute to a loss.
¢ Contractor is responsible for and required to remedy all damage or loss to any
property, including property of the City, caused in whole or part by Contractor or
anyone employed, directed, or supervised by Contractor.
6. STANDARD OF CARE
Contractor shall be responsible for the quality, timely completion, and coordination of all
Services performed under this Agreement. Contractor warrants that all Services 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 Contractor to assure at its own expense
that the Services are performed 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 may have, Contractor shall, at its own expense
and without additional compensation, re-perform Services to correct or revise any
deficiencies, omissions, or errors in the performance of the Services or which result from
Contractor's failure to perform in accordance with this standard of care. Any approval by
the City of any products furnished or used by Contractor shall not in any way relieve
Contractor of its responsibilities hereunder. City review, approval, or acceptance of, or
payment for any of Contractor's work under this Agreement shall not operate as a waiver
of any of the City's rights or causes of action under this Agreement, and Contractor shall
be and remain liable in accordance with the terms of the Agreement and applicable law.
7. INDEPENDENT CONTRACTOR
The Contractor agrees that he, she or it is completely independent from the City and is
not an employee of the City. The Contractor warrants that he, she or it may work for
other individuals and entities. The City shall not supervise or directly control the work of
the Contractor. The City does reserve the right to inspect the work being performed and
to determine whether it is being performed in an appropriate manner. The Contractor
shall have the ultimate authority to determine the hours of work, the length of workdays,
the means and methods of performance of the work, and the City shall not interfere in
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