ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works
VI.
Insurance
A. ENGINEER shali carry and maintain in effect
during the performance of services under this contract:
Professional liability insurance in the amount of
$1,000,000; General liability insurance in the amount
of $1,000,600 per occurrence; $2,000,000 aggregate;
$1,000,000 Combined Single Limit Automobile
Liability; and Workers’ Compensation Coverage in
compliance with the State of NH Statutes,
$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 and forms of policy satisfactory to the
OWNER, acceptance of which shall not he
unreasonably withheld. None of the requirements as to
types, limits, and approval of insurance coverage to be
maintained by ENGINEER are intended to and shall
not in any manner limit or qualify the liabilities and
obligations assumed by ENGINEER under the
AGREEMENT. The OWNER shall not maintain any
insurance on behalf of ENGINEER. Any subcontractor
used is the agent of the ENGINEER and not the
OWNER. Subcontractor’s are subject to the same
insurance requirements as the ENGINEER.
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 (10) calendar days after the
OWNER issues the Notice of Award. The certificates
and endorsements for each insurance policy are to be
signed by a person authorized by the insurer and who
is licensed by the State of New Hampshire. Certificates
must name the City of Nashua as an additional insured.
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 (30) days written
notice of cancellation or material change in coverage.
1. All deductibles and self-insured retentions shall
be fully disclosed in the certificates of insurance.
2. If aggregate limits of less than $2,000,000 are
imposed on bodily injury and property damage, the
ENGINEER must maintain umbrella liability
insurance of at least $1,000,000. All aggregates
must be fully disclosed on the required certificate of
insurance.
3. The specified insurance requirements do not
relieve ENGINEER of its responsibility 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.
2016 05 27 Pump Stations Upgrade Prelim Design Contract
VII.
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4. Engineer agrees to indemnify.and hold Owner, its
officials, officers, employees,, and assigns harmless
from and against all claims, damages, causes of
actions, and fines to the extent such claims,
damages, causes of action and fines are based on or
arise out of Engineer's or others employed by the
engineer negligent acts or negligent omissions.
5. Owner agrees to indemnify and hold Engineer, its
directors, shareholders, employees, or others
employed by the engineer and assigns harmless
from and against all claims, damages, causes of
actions, and fines to the extent such claims,
damages, causes of action and fines are based on or
arise out of Owners negligent acts or negligent
omissions.
6. Neither party shall be responsible or held liable to
the other for special, indirect, or consequential
damages, including, but not limited to, toss of profit,
loss of investment, loss of product, business
interruption, or liability for loss of use of facilities
or Owners existing property, however the same may
be caused.
D. ENGINEER shail not allow any officer or employee
of the OWNER to have any indirect or direct interest
in this contract or the proceeds of this contract.
ENGINEER warrants that no officer or employee of
the OWNER has any direct or indirect interest,
whether contractual, non-contractual, financial or
otherwise, in this contract or in the business of the
ENGINEER. ENGINEER also warrants that it
presently has no interest and that it will not acquire any
interest, direct or indirect, which would conflict in any
manner or degree with the performance of services
required to be performed under this contract.
ENGINEER further warrants that no person having
such an interest shall be employed in the performance
of this contract. If any such interest comes to the
attention of the ENGINEER at any time, a full and
complete disclosure of the interest shall be
immediately made in writing to the OWNER. If the
OWNER determines that a conflict exists and was not
disclosed to the OWNER, it may terminate the contract
at will or for cause.
Termination
A. The OWNER shall have the right at any time for
any reason whatsoever to interrupt or terminate any
part of or all of the work required of the ENGINEER
under this AGREEMENT, with a seven (7) day written
notice of such interruption or termination transmitted
ta the ENGINEER by the OWNER. In the event of
termination of any part of or all of this AGREEMENT,
without fault on the part of the ENGINEER, the
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