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No. 2803 approving/authorizing the execution of an addendum to the Master Agency Agreement (1503/1505 Prairie Ave. - demolition planning project)
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No. 2803 approving/authorizing the execution of an addendum to the Master Agency Agreement (1503/1505 Prairie Ave. - demolition planning project)
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10/18/2012 12:44:20 PM
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14 <br />27. Indemnity Clause: When construction observation tasks are part of the service to be <br />performed by the Engineer under this Agreement, the Client will include the following clause <br />in the construction contract documents and the Client agrees not to modify or delete it: <br />Contractor (and any subcontractor into whose subcontract this clause is <br />incorporated) agrees and acknowledges that Engineer shall be considered a third <br />party beneficiary of those contracts into which this clause has been incorporated; <br />and agrees to assume the entire liability for all personal injury claims suffered by its <br />employees, including without limitation, claims asserted by persons allegedly injured <br />on the Project; waives any limitation of liability defense based on the Workers' <br />Compensation Act, court interpretations of said Act or otherwise; and to the fullest <br />extent permitted by law, agrees to indemnify and hold harmless and defend Owner <br />and Engineer and their agents, employees, and consultants (the "Indemnities ") from <br />and against any such loss, expense, damage or injury, including attorneys' fees and <br />costs that the Indemnitees may sustain as a result of such claims. <br />28. Job Site Safety /Supervision & Construction Observation: The Engineer shall neither have <br />control over or charge of, nor be responsible for, the construction means, methods, <br />techniques, sequences of procedures, or for safety precautions and programs in connection <br />with the Work since they are solely the Contractor's rights and responsibilities. The Client <br />agrees that the Contractor shall supervise and direct the work efficiently with his /her best <br />IL, skill and attention; and that the Contractor shall be solely responsible for the means, <br />methods, techniques, sequences and procedures of construction and safety at the job site. <br />The Client agrees and warrants that this intent shall be carried out in the Client's contract <br />with the Contractor. The Client further agrees that the Contractor shall be responsible for <br />initiating, maintaining and supervising all safety precautions and programs in connection with <br />the work; and that the Contractor shall take all necessary precautions for the safety of, and <br />shall provide the necessary protection to prevent damage, injury or loss to, all employees on <br />the subject site and all other persons who may be affected thereby. The Engineer shall have <br />no authority to stop the work of the Contractor or the work of any subcontractor on the <br />project. <br />When construction observation services are included in the Scope of Services, the Engineer <br />shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as <br />otherwise agreed to by the Client and the Engineer to: 1) become generally familiar with and <br />to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to <br />the Client's attention defects and deficiencies in the Work and; 3) to determine in general if <br />the Work is being performed in a manner indicating that the Work, when fully completed, will <br />be in accordance with the Contract Documents. However, the Engineer shall not be required <br />to make exhaustive or continuous on -site inspections to check the quality or quantity of the <br />Work. If the Client desires more extensive project observation, the Client shall request that <br />such services be provided by the Engineer as Additional and Supplemental Construction <br />Observation Services in accordance with the terms of this Agreement. <br />The Engineer shall not be responsible for any acts or omissions of the Contractor, <br />law— <br />subcontractor, any entity performing any portions of the Work, or any agents or employees <br />
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