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  2. Finance Committee - Agenda - 4/6/2022 - P113

Finance Committee - Agenda - 4/6/2022 - P113

By dnadmin on Sun, 11/06/2022 - 21:44
Document Date
Fri, 04/01/2022 - 08:56
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/06/2022 - 00:00
Page Number
113
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__040620…

> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.

Professional 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 Professional Engineer are intended to and shall not in
any manner limit or qualify the liabilities and obligations assumed by Professional Engineer
under this contract. The City of Nashua shall not maintain any insurance on behalf of
Professional Engineer. 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 listed below and endorsements affecting coverage required by the contract
within ten calendar days after the City of Nashua issues the notice of award. The City of
Nashua requires 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 of Nashua 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 of Nashua, 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 hold harmless the City of Nashua, 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

GC 7 of 13

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Finance Committee - Agenda - 4/6/2022 - P113

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