L.
Int
General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Independent Contractor’, and its
successors, transferees and assignees (together “Independent Contractor”) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors
INDEPENDENT CONTRACTOR STATUS The parties agree that Independent Contractor shall have
the status of and shall perform ail work under this contract as an Independent Contractor,
maintaining control aver 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;
(6) 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 services performed by the
Independent Contractor and those working on its behalf under this contract. Independent
Contractor agrees that all services / work shall be performed within the degree of reasonable
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional engineering finns with respect to services of a similar nature. It shall
be the duty of Independent Contractor to assure at its own expense that all services 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 services to correct or revise any deficiencies, omissions, or errors in the professional
design services or the product of the services / work, or which results from the Independent
Contractor's failure to perform in accordance with the applicable 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 services / 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.
- Independent Contractor shall furnish competent and skilled personnel to perform the services /
work under this contract. The City of Nashua reserves the right to approve key personnel
assigned by Independent Contractor to perform work under this contract. Approved key
personne! shall not be taken off of the project by Independent Contractor without the prior written
approval of the City of Nashua, except in the event of termination of employment. Independent
Contractor shall, if requested to do so by the City of Nashua, remove from the job any personnel
whom the City of Nashua determines to be incompetent, dishonest, or uncooperative.
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