ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works
3. It is again agreed that payment to the EN-
GINEER for services in relation to subsurface
exploration, including borings, probings or
seismic surveys, shall be at actual cost as defined
in IV (B) 2. The ENGINEER further agrees that
the work proposed under this item is enough to
satisfactorily complete the contract documents
and that the moneys to be paid under this item
are adequate for the work proposed and shall not
exceed
To Be Determined
Dollars
($__TBP).
4-——ltis-alse-agreedthat paymenttethe ENGE
NEER-fer-serviees-in-relationte-eadastral-sur
veys-anc-ethersvercassecinted-with-the acquisi-
tion—-of-lands—_easements,—_and—rights-ef way
essential_te—the-eenstruetion_of the PROJECT
shall-be-at-eetual-east-as-defined in IV(B}2-The
ENGINEER -further-ageces-that—thewerle_pre-
posed-underthis tem s-eneugh te-previde-ade-
quate—sites,—easements,—and_tights-ef way—te
pennitthe-usenemmbered -construction,-epera-
tien-and-maintenanee-ofthe-cempleted_project
without_interference-tn_any—ways—Pre-ENGE
NEER-alse-assures the OMNER-+that the moneys
te-be-paid-underthis-item-are-adequatefer the
work prapesed-and-shall net exceed
——,
Additional Covenants
A. The ENGINEER agrees to provide in active
charge of this PROJECT for the life of the contract a
Project Engineer who is a permanent employee of the
ENGINEER and who is a “qualified sanitary engineer”
as defined under the DIVISION'S “Rules and Regula-
tions for the Prequalification of Consulting Engineers.”
The Project Engineer shall be*
(name and address)
Woodard & Curran, 4) Hutchins Drive, Portland, ME
* Resume clearly describing the candidate's qualifications for
the assignment is appended for convenience of reference.
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 may be considered basis for debarment of the
2016 05.27 Pump Stations Upgrade Prelim Design Contract
Page! of 7
ENGINEER from the DIVISION'S Roster of
Prequalified Consulting Engineers as provided for
under New Hampshire Code of Administrative Rules
Eny-Wq 603.08.
B. The ENGINEER agrees to be solely responsible
for all bills or claims for payment for services 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 compensation
insurance as is required by the statutes and public
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 un-
der 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 ENGINEER
at the OWNER'S discretion.
E. The ENGINEER shall not sublet, assign or
transfer any part of the ENGINEER’s services or
obligations (except surveys and borings and other
special services) under this AGREEMENT without the
prior approval and written consent of the OWNER.
F, It is further agreed that the ENGINEER will
assist the OWNER or his authorized agent in providing
the DIVISION with clear documentation certifying
that the necessary easements, options or outright
purchases of land have been secured to provide for
location of treatment works and other associated
structures and equipment as shown on the contract
plans or described in the specifications. Similar
documentation will be submitted on approvals from
the State Department of Transportation and/or other
state agencies regarding location of treatment works
within rights-of-way and other lands under their
jurisdiction,
G, This AGREEMENT shall be governed exclusively
by the laws of the State of New Hampshire and any
litigation shall be brought in a court located in New
Hampshire.
02/08/06
