City of Nashua
Service Agreement
VENDOR and subcontractors at every tier will fully comply with NH RSA Chapter 281-A, “Workers’
Compensation”.
VENDOR shall maintain in effect at all times during the performance under this contract all specified
insurance coverage with insurers. None of the requirements as to types and limits to be maintained by
VENDOR are intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by VENDOR under the contract. The OWNER shall not maintain any insurance on behalf of
VENDOR. Subcontractors are subject to the same insurance requirements as the VENDOR and it shall be
the VENDOR’s responsibility to ensure compliance of this requirement.
The parties agree that VENDOR shall have the status of and shall perform all work under this agreement as
an independent contractor, maintaining control over all its consultants, sub consultants, contractors, or
subcontractors. The only contractual relationship created by this agreement is between the OWNER and
VENDOR, and nothing in this agreement shall create any contractual relationship between the OWNER
and VENDOR’s consultants, sub consultants, contractors. The parties also agree that VENDOR is not a
City employee and that there shall be no:
I. Withholding of income taxes by the OWNER;
2. Industrial insurance coverage provided by the OWNER;
3. Participation in group insurance plans which may be available to employees of the OWNER;
4. Participation or contributions by either the VENDOR or the OWNER to the public employees
retirement system;
5. Accumulation of vacation leave or sick leave provided by the OWNER;
6. Unemployment compensation coverage provided by the OWNER.
VENDOR will provide the OWNER with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. The OWNER requires thirty days written
notice of cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of New
Hampshire. General Liability and Auto Liability policies must name the City of Nashua as an
additional insured and reflect on the certificate of insurance. WENDOR is 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,
VENDOR 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 VENDOR of its responsibilities or limit the
amount of its liability to the OWNER or other persons, and VENDOR is encouraged to purchase
such additional insurance, as it deems necessary.
> The insurance provided herein is primary, and no insurance held or owned by OWNER shall be
called upon to contribute to a loss.
>» VENDOR is responsible for and required to remedy all damage or loss to any property, including
property of the OWNER, caused in whole or part by VENDOR or anyone employed, directed, or
supervised by VENDOR.
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