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5. Client's Responsibilities: Client shall provide full information as to Client's requirements for Project;
designate a person to act with authority on Client's behalf in respect of all aspects of the Project; examine
and respond promptly to CMA's submissions; and give prompt written notice to CMA whenever Client
observes or otherwise becomes aware of any defect in the work.
Client shall also do the following and pay all costs incident thereto:
A. When required in connection with the services to be provided by CMA under the
Agreement, and upon request by CMA, furnish to CMA copies of available historic
borings, probings, and subsurface explorations, hydrographic surveys, laboratory
tests and inspections of samples, materials and equipment; appropriate
professional interpretations of all of the foregoing; environmental assessment and
impact statements; property, boundary, easement, right-of-way, topographic and
utility surveys; property descriptions; zoning and deed restrictions, all of which
CMA may rely upon in performing services hereunder.
B. Guarantee access to and make all provisions for CMA, its agents, employees, and
subconsultants to enter upon public and private property, as required to carry out
the services outlined.
C. Provide such legal, accounting, independent cost estimating, and insurance
counseling services as may be required for the Project.
6. Standard of Professional Practice: Client acknowledges that CMA’s services require the
application of engineering judgment and that decisions and recommendations are not always, or often,
clear matters of engineering and science. Client acknowledges the inherent risks incurred by Client in
undertaking the proposed project and, in accepting CMA's proposal, has selected CMA to assist in
furthering Client's stated objectives through applying such engineering judgment. CMA will perform its
services in accordance with generally accepted professional practice, as existing at the time of providing
such services, based upon CMA's experience, qualifications, and professional judgment. Client
acknowledges that CMA's services will be rendered without any other warranty or guarantee, express or
implied, beyond CMA's observance of the above Standard of Professional Practice.
7. Insurance: CMA maintains, at its own expense, Worker's Compensation insurance, public liability
and property damage insurance, and Engineer's Professional Liability insurance. CMA shall provide to
Client Certificates of Coverage for all coverages. CMA agrees to maintain during the performance of the
Services under this agreement, at least the kinds and minimum amounts of insurance as follows:
1) Comprehensive General Liability - $1,000,000 per occurrence/ $2,000,000 Aggregate
2) Motor Vehicle - $1,000,000 liability/ $1,000,000 property damage
3) Personal Injury — $1,000,000 per occurrence/ $2,000,000 Aggregate
4) Professionai Liability — $1,000,000
5) Workers’ Compensation — As required by State of New Hampshire.
Client acknowledges that CMA will not be liable to Client for any loss, damage, cost, or expense which, in
the aggregate, exceed the amounts of CMA's insurance coverage limits, inclusive of such exclusions and
conditions of the insurance policies maintained, unless CMA is determined by a final judgment of a court
uct or gross negli
P-2947-Nashua-C-190722-Heritage Rail Trail Design Terms gf RK i
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