General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Service Provider’, and its successors,
transferees and assignees (together “Service Provider’) includes any of the Service Provider's
consultants, sub consultants, contractors, and subcontractors.
SERVICE PROVIDER STATUS The parties agree that Service Provider shall have the status of and
shall perform all work under this contract as a Service Provider, 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 Service Provider, and nothing in this
contract shall create any contractual relationship between the City of Nashua and Service Provider's
consultants, sub consultants, contractors, or subcontractors. The parties also agree that Service
Provider 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 Service Provider 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.
Service Provider agrees, if applicable and before commencing any work under the contract, to
complete and to provide the following written request to its insurer:
XXXXXXXX, Inc. has entered into a contract with the City of Nashua to
perform work upon receipt of a Notice to Proceed to Final Completion
and requests that the Insurer provide to the City of Nashua 1) a certificate
of coverage, and 2) notice of any lapse in coverage or nonpayment of
coverage that the Service Provider is required to maintain. The certificate
and notice should be mailed to:
Risk Management
City of Nashua
229 Main Street
Nashua, NH 03060
Service Provider agrees, if not exempt, to maintain required workers’ compensation coverage
throughout the entire term of the contract. If Service Provider does not maintain coverage
throughout the entire term of the contract, Service Provider agrees that City may, at any time the
coverage is not maintained by Service Provider, order the Service Provider to stop work, suspend
the contract, or terminate the contract. For each six-month period this contract is in effect, Service
Provider agrees, prior to the expiration of the six-month period, to provide another written request
to its insurer for the provision of a certificate and notice of lapse in or nonpayment of coverage. If
Service Provider does not make the request or does not provide the certificate before the expiration
of the six-month period, Service Provider agrees that City may order the Service Provider to stop
work, suspend the contract, or terminate the contract.
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