ENGINEERING REPORT PHASE CONTRACT
For Professional Services for Treatment Works
VY. Additional Covenants
A. The ENGINEER agrees to assign in active
charge of this PROJECT for the life of the con-
tract a Project Engineer who is a permanent
employee of the ENGINEER and who a
“qualified sanitary engineer” is as defined
under the DIVISION'S “Rules and Regulations
for the Prequalification of Consulting Engi-
neers.” The Project Engineer shall be*
Jeffrey R. Pinnette, P.E.
Wright-Pierce
11 Bowdoin Mill Island, Suite 140
Topsham, ME 04086
(name and address)
* 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 re-
sponsible for all bills or claims for payment for ser-
vices 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 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-
tion insurance as is required by the statutes and pub-
lic 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,
design calculations, work sheets, field notes, esti-
mates, and other data shall remain the property of the
OWNER and shall be transmitted to the OWNER in
clean and orderly condition on demand; however,
WWTF 20 Year
Facility Plan Study
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these may be left in the possession of the ENGI-
NEER 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 shall be binding
upon and inure to the benefit of the parties, their
successors and assigns.
Vi. Exhibit B - 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 Hillsborough County, New Hampshire,
the day, month, and year first above written.
ENGINEER:
WRIGHT-PIERCE
By:
(Authorized Representative*)
Date:
OWNER:
CITY OF NASHUA, NEW HAMPSHIRE
By:
(Authorized Representative*)
Date:
APPROVED: **
DEPARTMENT OF ENVIRONMENTAL SERVICES
Water Division
By:
(Authorized Representative)
Date:
Signatures should be supported by appropriate document.
ft 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.
me
02/08/06
