B. Project Engineer shall be*
Charles Wilson
Hazen and Sawyer
* See appended resume describing the candidate's qualifica-
tions for the assignment.
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 is agreed to be sufficient basis for de-
barment of the ENGINEER from the DIVISION'S
Roster of Prequalified Consulting Engineers as pro-
vided for under New Hampshire Code of Administra~
tive 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 fail-
ures 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 compensa-
IN WITNESS WHEREOPF, the parties hereto have affixed
tion 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
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
transfer any part of the ENGINEER'S services or
obligations under this AGREEMENT without the
prior approval and written consent of the OWNER
and the DIVISION, and the contract shal! be binding
upon and inure to the benefit of the parties, their
successors and assigns.
OWNER’S Terms and Conditions
Exhibit B City of Nashua Professional Services -
General Terms and Conditions are hereby
incorporated by reference as if fully set forth
herein.
their hand and seals at Hillsborough County, New Hampshire, the day, month, and year first above written.
ENGINEER: APPROVED: **
DEPARTMENT OF ENVIRONMENTAL SERVICES
B Water Division
ry
(Authorized Representative*) By:
Date: (Authorized Representative)
Date:
OWNER:
* Signatures should be supported by appropriate document.
ee ft is agreed that as an act in furtherance of its statutory authority
to approve engineering agreements for treatment works, the
By: DIVISION's approval does not impose any contractual obligation
(Authorized Representative*)
Date:
Hazen CSO Long Term Control Plan Update Contract.docx
or liability on the State of New Hampshire, the Department of
Environmental Services or the Division.
02/08/06
