ENGINEERING DESIGN PHASE CONTRACT Page 4 of 5
For Professional Services for Treatment Works
V.
A.
ADDITIONAL COVENANTS
The ENGINEER agrees to provide in active charge of this PROJECT for the life of the contract a Project Engineer who
is a permanent employee of the ENGINEER and who is a “qualified sanitary engineer” as defined under the
DIVISION'S “Rules and Regulations for the Prequalification of Consulting Engineers.” The Project Engineer shall be’
Jason Jancaitis, Woodard and Curran, 40 Shattuck Road - Suite 110, Andover, Massachusetts 01810
(name and address)
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 may be
considered basis for debarment of the ENGINEER from the DIVISION'S Roster of Prequalified Consulting Engineers as
provided for under New Hampshire Code of Administrative Rules Env-Wq 603.08.
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 or others employed by him in the
performance of the work covered by this AGREEMENT.
The ENGINEER further agrees to procure and maintain at his expense such workmen's compensation 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.
All documents, including original drawings, design calculations, work sheets, field notes, estimates, 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, these may be left in the possession of the ENGINEER at the OWNER'S discretion.
The ENGINEER shall not sublet, assign or transfer 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.
It is 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.
* Resume clearly describing the candidate’s qualifications for the assignment is appended for convenience of reference.
Rev.2020-09
