ENGINEERING DESIGN PHASE CONTRACT
For Professional Services for Treatment Works
The Project Engineer shall be*
Jeffrey R. Pinnette, P.E.
(name and address)
Wright-Pierce, 99 Main St., Topsham, ME 04086
* 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 cove-
nant may be considered basis for debarment of the EN-
GINEER from the DIVISION'S Roster of Prequalified
Consulting Engineers as provided for under New
Hampshire Code of Administrative Rules Env-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 ‘OF
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 workmén's compefisation
insurance as is required by the statutes and public liabili-
ty insurance in amounts adequaté'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 under this
AGREEMENT. :
D, All documents, including original drawings, de-
sign calculations, work sheets, field notes, estimates,
and other data shall remain the property of the OWN-
ER, 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 trans-
fer 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.
DRAFT Primary Tank Upgrades Engineering Contract - Wright Pierce.doc
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F. _ Itis 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.
VI. OWNER’S Terms and Conditions
Exhibit C.City of Nashua Professional Services
General Terms and Conditions is hereby incorporated
by reference as if fully set forth herein.
IN. WITNESS WHEREOF, the parties hereto have affixed
their hand and seals at Hill sborough County, New Hampshire,
the day, inonth, and year first above written.
~ ENGINEER:
WRIGHT-PIERCE
_ By:
(Authorized Representative*)
: Date:
OWNER:
CITY OF NASHUA
By:
(Authorized Representative)
Date:
APPROVED: **
DEPARTMENT OF ENVIRONMENTAL SERVICES
Water Division
By:
(Authorized Representative)
Date:
* Signatures should be supported by appropriate document.
7 It is agreed that as an act in furtherance of its statutory authority to
approve engineering agreements for treatment works, the DIVISION's
approval does not impose any contractual obligation or liability on the
State of New Hampshire, the Department of Environmental Services or
the Division.
02/08/06
