The Independent Contractor shall be responsible for cutting, fitting or patching required
completing the Work or to make its parts fit together properly.
The Independent Contractor shall keep the premises and surrounding area free from accumulation
of debris and trash related to the Work.
Independent Contractor warrants and guarantees to City of Nashua, for one (1) year, upon
completion of work, that all Work will be in accordance with the Contract Documents and will
not be defective. Independent Contractor warranty and guarantee hereunder excludes defects or
damage caused by:
>» Abuse, modification, or improper maintenance or operation by persons other than
Independent Contractor, subcontractors, suppliers, or any other individual or entity for whom
Independent Contractor is responsible; or
> Normal wear and tear under normal usage.
INDEPENDENT CONTRACTOR STATUS. The parties agree that Independent Contractor shall have
the status of and shall perform all work under this contract as an Independent Contractor,
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
Independent Contractor, and nothing in this contract shall create any contractual relationship
between the City of Nashua and Independent Contractor's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Independent Contractor 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 Independent Contractor 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;
(8) Unemployment compensation coverage provided by the City of Nashua.
STANDARD OF CARE. Independent Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Independent Contractor 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 Independent Contractor 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,
Independent Contractor 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 Independent Contractor'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 Independent Contractor shall not in any way relieve Independent Contractor 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 Independent Contractor'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 Independent Contractor shall be and remain liable in accordance with the
terms of the contract and applicable law.
GC 4 of 13
