licensed by the State of New Hampshire. The insurer must have a A.M. Best’s rating of
A or higher. General Liability, Employers’ Liability and Auto Liability policies must
name the City of Nashua as an additional insured and reflect on the certificate of
insurance.
Operator is responsible for filing updated certificates of insurance with the Owner’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.
» All aggregates must be fully disclosed on the required certificate of insurance.
= The specified insurance requirements do not relieve Operator of its
responsibilities or limit the amount of its liability to the Owner or other persons,
and Operator is encouraged to purchase such additional insurance, as it deems
necessary.
= Operator 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 Operator or
anyone employed, directed, or supervised by Operator.
Section 9.3 - Payment Of Deductible Amounts. Notwithstanding which party
hereto shall have purchased, or been responsible for the purchase of, any insurance in
respect of the Project or otherwise referred to in this Agreement, Operator shall promptly
pay to Owner any deductible amount related to any claim against or other cost to Owner
covered under any such insurance policy which arose due to the gross negligence of
Operator.
The parties agree that Operator shall have the status of and shall perform all work under
this contract as an independent Operator, maintaining control over all its consultants, sub
consultants, Operators, or subOperators. The only contractual relationship created by this
contract is between the City and Operator, and nothing in this contract shall create any
contractual relationship between the City and Operator’s consultants, sub consultants,
Operators, or subOperators. The parties also agree that Operator is not a City employee
and that there shall be no:
(1) Withholding of income taxes by the City:
(2) Industrial insurance coverage provided by the City;
(3) Participation in group insurance plans which may be available to employees of
the City;
(4) Participation or contributions by either the independent Operator or the City to
the public employee’s retirement system;
(5) Accumulation of vacation leave or sick leave provided by the City;
(6) Unemployment compensation coverage provided by the City.
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