V. Additional Covenants
A. The ENGINEER agrees to assign in active
charge of this PROJECT for the life of the con-
tract a Project Engineer who is a permanent
employee of the ENGINEER and who a
“qualified sanitary engineer” is as defined
under the DIVISION'S ‘Rules and Regulations
for the Prequalification of Consulting Engi-
neers.” The Project Engineer shall be*
Woodard & Curran 41 Hutchins Drive. Portland, ME
* See appended resume describing the candi-
date’s qualifications for the assignment.
Any proposed change in identity of the Project
Engineer on the PROJECT shall first be approved by
the DIVISION before transfer of responsibility is
made. Failure of the ENGINEER to abide by the
above covenant is agreed to be sufficient basis for de-
barment of the ENGINEER from the DIVISION'S
Roster of Prequalified Consulting Engineers as pro-
vided for under New Hampshire Code of Administra-
tive Rules Env-Wq 603.08.
B. The ENGINEER agrees to be solely re-
sponsible for all bills or claims for payment for ser-
vices rendered by others and for all services and
materials employed in his work, and to indemnify
and save harmless the OWNER, and all of the
OWNER'S officers, agents and employees against all
suits, claims or liability of every name and nature
arising out of or in consequence of the negligent acts
or failures to act of the ENGINEER or others
employed by him in the performance of the work
covered by this AGREEMENT.
C. The ENGINEER further agrees to procure and
maintain at his expense such workmen's compensa-
tion insurance as is required by the statutes and pub-
lic liability insurance in amounts adequate to provide
reasonable protection from claims for bodily injury,
death or property damage which may result from his
performance and the performance of his employees
under this AGREEMENT.
D. All documents, including original drawings,
design calculations, work sheets, field notes, esti-
mates, and other data shall remain the property of the
OWNER and shall be transmitted to the OWNER in
clean and orderly condition on demand; however,
these may be left in the possession of the ENGI-
NEER at the OWNER'S discretion.
RFQ0265-060316 Water Booster Station Upgrades - Woodard and Curran.decx
Page 3 of 3
E, The ENGINEER shal! not sublet, assign or transfer
any part of the ENGINEER'S services or obligations under
this AGREEMENT without the prior approval and written
consent of the OWNER and the DIVISION, and the con-
tract shall be binding upon and inure to the benefit of the
parties, their successors and assigns.
F. This AGREEMENT shall be governed exclusively
by the laws of the State of New Hampshire and any claim
or action brought relating to this contract, the work
performed _or contracted to be performed thereunder, or
referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court
Southem_ Judicial District or in the New Hampshire 9th
Circuit Court—Nashua and not elsewhere.
V. Insurance
A. ENGINEER shall carry and maintain in effect
during the performance of services under this contract:
Professional Liability in the amount of $1,000,000; General
Liability insurance in the amount of $1,000,000 per
occurrence; $2,000,000 aggregate: Combined Single Limit
Automobile Liability in the amount of $1,000,000
(Coverage must include all owned, non-owned and hired
vehicles.) and Workers! Compensation Coverage _in
compliance with the State of New Hampshire
Statues$100,000/$500,000/$100,000. ENGINEER _ 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 ENGINEER are intended to and shall not
in_any manner limit or qualify the liabilities and obligation
assumed by ENGINEER under this
AGREEMENT. The OWNER shall not maintain any
insurance on behalf of ENGINEER. Subconiractors are
subject to the same insurance requirements as ENGINEER
and it shall be the ENGINEER responsibility to ensure
compliance of this requirement.
B. ENGINEER will provide the OWNER with
certificates of insurance for coverage as listed below and
endorsements affecting coverage required by the contract
within ten calendar days after the OWNER issues the notice
of award, 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 OWNER as an additional insured and reflect
on the certificate of insurance.
C. ENGINEER is responsible for filing updated
certificates of insurance with the City of Nashua's Risk
Management Department during the life of the contract.
The OWNER requires thirty days written notice of
cancellation or material change in coverage
02/08/06
