Subcontractors are subject to the same insurance requirements as Professional Engineer and it shall
be the Professional Engineer’s responsibility to ensure compliance of this requirement.
Professional Engineer will provide the City of Nashua with certificates of insurance for coverage
as required herein and endorsements affecting coverage required by the contract within ten
calendar days after the City issues the notice of award. Said certificates shall provide that the City
shall receive 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. Professional Engineer 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, Professional Engineer 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 Professional Engineer of its
responsibilities or limit the amount of its liability to the City or other persons, and
Professional 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 City of
Nashua shall be called upon to contribute to a loss.
= Professional Engineer 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 Professional Engineer
or anyone employed, directed, or supervised by Professional Engineer.
12, INDEMNIFICATION Regardless of any coverage provided by any insurance, Professional
Engineer agrees to indemnify and shall defend and hold harmless the City, 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 Professional 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. Professional Engineer’s indemnity, defense 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.
13. | FISCAL CONTINGENCY. All payments under this contract are contingent upon the
availability to the City of.the necessary funds. This contract shall terminate and the City's
obligations under it shall be extinguished at the end of any fiscal year in which the City fails to
appropriate monies for the ensuing fiscal year sufficient for the performance of this contract.
Nothing in this contract shall be construed to provide Professional Engineer with a right of
payment over any other entity. Any funds obligated by the City under this contract that are not
paid to Professional Engineer shall automatically revert to the City’s discretionary control upon
the completion, termination, or cancellation of the agreement. The City shall not have any
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