° 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,
ENGINEER. must maintain umbrella liability
insurance of at least $1.000.000. _ All
ageregates must_be fully disclosed on the
required certificate of insurance:
° The specified_insurance requirements do not
telieve ENGINEER of its responsibilities or
limit the amount of its liability to the OWNER
or other persons, and ENGINEER _ is
encouraged to purchase such __ additional
insurance, as it deems necessary;
° The insurance provided herein is primary, and
no_insurance held or owned by the OWNER
shall be called upon to contribute to a loss;
e ENGINEER 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 ENGINEER or anyone
employed. directed, _or supervised _ by
ENGINEER.
A. Regardless of any coverage provided by any
insurance, ENGINEER agrees to indemnify and
hold harmless the OWNER, its agents, officials,
employees and authorized representatives and their
employees from and against any and all suits,
causes of action, legal or administrative
proceedings, arbitrations, claims, _ demands,
damages, liabilities, interest, attorney’s fees, costs
and expenses of any kind or nature in any manner
caused, occasioned, or contributed to in whole or
in part by reason of any negligent act, omission, or
fault or willful misconduct, whether active or
passive, of ENGINEER or of anyone acting under
its direction or control or on its behalf in
connection with or incidental to the performance
of this contract. ENGINEER‘s indemnity and hold
harmless obligations, or portions thereof. shall not
apply to liability caused _by the sole negligence or
willful misconduct_of the party indemnified_or
held harmless.
RFQ0265-060316 Water Booster Station Upgrades - Woodard and Curran.dacx
Page 4 of 3
IN WITNESS WHEREOF, the parties hereto have affixed
their hand and seals at
County, New Hampshire, the day, month, and year first
above written.
ENGINEER:
By:
(Authorized Representative*)
Date:
OWNER:
By:
(Authorized Representative*)
Date:
APPROVED: **
DEPARTMENT OF ENVIRONMENTAL SERVICES
Water Division
By:
(Authorized Representative)
Date:
* Signatures should be supported by appropriate document.
** ft is agreed that as an act in furtherance of its statutory authority
to approve engineering agreements for treatment works, the
DIVISION's approval does not impose any contractual obligation
or liability on the State of New Hampshire, the Department of
Environmental Services or the Division.
02/08/06
