City Council Agenda and Packet 2023 04 11

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precaution against injury or damage to any part thereof by the effects of the elements or from any other cause. The Contractor, at its own expense, shall repair, restore, and correct all damages to any portion of work occasioned by any causes before its completion and acceptance. In case of suspension of Services from any cause whatsoever, the Contractor shall be responsible for all materials and shall properly store the same, if necessary, and shall provide suitable drainage, barricades, and warning signs where necessary. The Contractor shall correct or replace, at its own expense and as required by City, any material which may be destroyed, lost, damaged, or in any way made useless for the purpose and use intended prior to City written acceptance of the Services provided for a specific task or work order, or portions thereof. The Contractor shall be relieved of the responsibilities provided in this Section for a specific task or work order upon City written acceptance of the Services by the City, except no such relief shall apply to damages or injuries caused by or related to actions of the Contractor or its subcontractors. 9.2 The Contractor agrees to guarantee all Services under this Agreement for a period of two years from the date of substantial completion of the work and City acceptance thereof. If any unsatisfactory condition or damage develops within the time of this guaranty due to materials or workmanship that are defective, inferior, or not in accordance with the Agreement, as reasonably determined by the City, then the Contractor shall, when notified by the City, immediately place such guaranteed Services in a condition satisfactory to the City. The City shall have all available remedies to enforce such guaranty, except that the City shall not have any work performed independently to fulfill such guaranty and require the Contractor to pay the City such sums as were expended by the City for such work, unless the City has first given notice to the Contractor of the deficiency and given the Contractor a reasonable opportunity to cure the same. 10.0 INDEPENDENT CONTRACTOR It is the expressed intent of the parties that the Contractor is an independent contractor and not the agent, employee or servant of the City, and that: 10.1. CONTRACTOR SHALL SATISFY ALL TAX AND OTHER GOVERNMENTALLY IMPOSED RESPONSIBILITIES INCLUDING, BUT NOT LIMITED TO, PAYMENT OF STATE, FEDERAL AND SOCIAL SECURITY TAXES, UNEMPLOYMENT TAXES, WORKERS' COMPENSATION AND SELF- EMPLOYMENT TAXES. NO STATE, FEDERAL OR LOCAL TAXES OF ANY KIND SHALL BE WITHHELD OR PAID BY THE CITY. 10.2. CONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS EXCEPT AS MAY BE PROVIDED BY THE INDEPENDENT CONTRACTOR NOR TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS UNEMPLOYMENT COMPENSATION COVERAGE IS PROVIDED BY THE INDEPENDENT CONTRACTOR OR SOME ENTITY OTHER THAN THE CITY. 10.3. Contractor does not have the authority to act for the City, or to bind the City in any respect whatsoever, or to incur any debts or liabilities in the name of or on behalf of the City.