City of Manchester, New Hampshire
Department of Highways
475 Valley Street
(603) 624-6444

PERMIT AGREEMENT

INDEMNIFICATION AND INSURANCE REQUIREMENTS:

Permittee hereby agrees to protect, defend, indemnify, and hold the City of Manchester and its employees, agents, officers and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including but not limited to, the amounts of judgments, penalties, interests, court costs, legal fees and all other expenses incurred by the city arising in favor of any party including claims, liens, debts, personal injuries including injuries sustained by employees of the city, death or damages to property (including property of the city) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly out of this contractor agreement. Permittee agrees to investigate, handle, respond to, provide defense for and defend any such claims, demands, or suits at the sole expense of the permittee. Permittee also agrees to bare all other cost and expenses related thereto, even if the claim or claims alleged are groundless, false or fraudulent. This provision is not intended to create any cause of action in favor of any third party against permittee or the city or to enlarge in any way the permittee’s liability but is intended solely to provide for indemnification of the city from liability for damages or injuries to third persons or property arising from permittee’s performance hereunder.

PERMITTEE AGREES TO MAINTAIN IN FULL FORCE AND EFFECT:

1. Comprehensive general liability insurance written on occurrence form, including completed operations coverage, personal injury liability coverage, broad form property damage liability coverage and contractual liability coverage insuring the agreements contained herein. The minimum limits of liability carried on such insurance shall be $1,000,000 each occurrence and, where applicable, in the aggregate combined single limit for bodily injury and property damage liability; $1,000,000 annual aggregate personal injury liability.
2. Automobile Liability insurance for owned, non-owned and hired vehicles. The minimum limit of liability carried on such insurance shall be $1,000,000 each accident, combined single limit for bodily injury and property damage.
3. Workers compensation insurance whether or not required by the New Hampshire revised statutes annotated, 1995, as amended, with statutory coverage and including employer’s liability insurance with limits of liability of at least $100,000 for each accidental injury and, with respect to bodily injury by disease, $100,00 each employee and $500,000 per policy year.
4. Any and all deductibles on the above described insurance policies shall be assumed by and for the account of, and at the sole risk of the permittee.
5. Insurance companies utilized must be admitted to do business in New Hampshire or be on the insurance commissioner’s list of approved non-admitted companies and shall have a rating of (A) or better in the current edition of best’s key rating guide.
6. Permittee agrees to furnish certificate(s) of the above mentioned insurance to the City of Manchester within fourteen (14) days from the date of this agreement and, with respect to the renewals of the current insurance policies, at least thirty (30) days in advance of each renewal date. Such certificates shall name the City of Manchester and the Manchester Department of Public Works as additional insured and shall state that in the event of cancellation or material change, written notice shall be given to the City of Manchester, Office of Risk Management, One City Hall Plaza, Manchester, New Hampshire 03103 and the Manchester Department of Public Works, 475 Valley Street, Manchester, New Hampshire 03103 at least thirty (30) days in advance of such cancellation of change.
7. The purchase of the insurance required of the furnishing of the aforesaid certificate shall not be a satisfaction of permittee’s liability hereunder or in any way modify the permittee’s indemnification responsibilities to the City of Manchester and the Department of Public Works.
8. A continuing surety bond for $5,000.00 is required during the performance of the work and satisfactory maintenance of the area for a period of Thirty (30) months following the completion of the work and the payment of charges owed the Department. Bonds are not required for encumbrance permit only.
9. A minimum Payment Bond of $10,000 is required to guarantee payment of the Degradation Fee (This required amount may be adjusted by the City based on the size of the project). Bonds are not required for encumbrance permit only.
10. See PART I; PUBLIC IMPROVEMENTS, EXCAVATION AND PERMITTING of the Standard Specifications for Road, Drain & Sewer Construction for additional information and requirements.