E. The ENGINEER shall not sublet, assign or
transfer any part of the ENGINEER's services or
obligations {except special services} under this
AGREEMENT without the prior approval and
written consent of the OWNER, and the contract
shall be binding upon and inure to the benefit of the
parties, their successors and assigns,
F, It is further agreed that before any construction
is undertaken the ENGINEER will assist the OWN-
ER or his authorized agent in providing the DIVI-
SION with clear documentation certifying that the
purchases of land have been secured to provide for
location of the treatment works and other associated
structures and equipment as shown on the construc-
tion plans or described in the specifications. Similar
documentation shall be submitted on approvals from
the State Highway Department regarding location of
the treatment works and other project related facili-
ties within rights-of-way and other lands under its ju-
risdiction.
G. The ENGINEER also agrees to provide in
active residence and full time control at the site of
the proposed construction a DIVISION approved
RPR registered-—civil engineer and-DIVISION
approved inspectors (full time, ~pert-tinte} as needed
with the experience and other approved background
to assist the ENGINEER in the work of General
Administration and to assure contractors
conformance with the plans and specifications and
any approved coincident or subsequent changes or
change orders related to the PROJECT. The RPR
resident-registered—engineer for the life of this
contract shall be
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(Name and Address}
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Any Proposed change in the identity of the resident
engineer on this PROJECT must first be approved by
the DIVISION before transfer of responsibility is
made. Additionally, if it is found by the DIVISION
that a resident engineer (or inspector) cannot or will
not administer the PROJECT in a manner satisfactory
to the DIVISION, the ENGINEER agrees to replace
him promptly upon receipt of a written request from
the DIVISION with a qualified resident engineer wha
will acceptably administer the PROJECT. It is further
agreed that failure of the ENGINEER to abide by the
above covenant is sufficient cause for removal from
the DIVISIONS Roster of Prequalified Engineers.
HH. This |. AGREEMENT _ shall be governed
exclusively by the laws of the State of New
ENGINEERING CONSTRUCTION PHASE CONTRACT
For Professional Services for Treatment Works
V.
Page 5 of 11
Hampshire and_any litigation shall be brought in a
court located in New Hampshire.
insurance
A. ENGINEER shall 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
$1,000,000 _per_ occurrence; $2,000,000 agerepate:
$1,000,000 Combined Single Limit Automobile
Liability: and Workers’ Compensation Coverage _in
compliance with the State of NH Statutes,
$1,000,000/$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 be
unreasonably withheld. None of the requirements as to
types, limits, and approval of insurance coverage to be
maintained by ENGINEER are intended to and id shall
not_in any manner Jimit or qualify the liabili
obligations. assumed _ by ENGINEER _ under. “the
AGREEMENT. The. OWNER, Shall fot maintain any
used_ is is the apent 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
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 azgregate 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 agpregates
must be fully disclosed on the required certificate
of insurance.
3. The specified insurance requirements do not
relieve ENGINEER of its responsibility or limit
