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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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2/11/2014 10:04:08 AM
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Contractor shall supervise and direct the work efficiently with his /her best skill and attention; <br />and that the Contractor shall be solely responsible for the means, methods, techniques, <br />sequences and procedures of construction and safety at the job site. The Client agrees and <br />warrants that this intent shall be carried out in the Client's contract with the Contractor. The <br />Client further agrees that the Contractor shall be responsible for initiating, maintaining and <br />supervising all safety precautions and programs in connection with the work; and that the <br />Contractor shall take all necessary precautions for the safety of, and shall provide the necessary <br />protection to prevent damage, injury or loss to, all employees on the subject site and all other <br />persons who may be affected thereby. The Engineer shall have no authority to stop the work of <br />the Contractor or the work of any subcontractor on the project. <br />When construction observation services are included in the Scope of Services, the Engineer shall <br />visit the site at intervals appropriate to the stage of the Contractor's operation, or as otherwise <br />agreed to by the Client and the Engineer to: 1) become generally familiar with and to keep the <br />Client informed about the progress and quality of the Work, 2) to strive to bring to the Client's <br />attention defects and deficiencies in the Work and; 3) to determine in general if the Work is <br />being performed in a manner indicating that the Work, when fully completed, will be in <br />accordance with the Contract Documents. However, the Engineer shall not be required to make <br />exhaustive or continuous on -site inspections to check the quality or quantity of the Work. If the <br />Client desires more extensive project observation, the Client shall request that such services be <br />provided by the Engineer as Additional and Supplemental Construction Observation Services in <br />accordance with the terms of this Agreement. <br />The Engineer shall not be responsible for any acts or omissions of the Contractor, subcontractor, <br />any entity performing any portions of the Work, or any agents or employees of any of them. The <br />Engineer does not guarantee the performance of the Contractor and shall not be responsible for <br />the Contractor's failure to perform its Work in accordance with the Contract Documents or any <br />applicable laws, codes, rules or regulations. <br />When municipal review services are included in the Scope of Services, the Engineer (acting on <br />behalf of the municipality), when acting in good faith in the discharge of its duties, shall not <br />thereby render itself liable personally and is, to the maximum extent permitted by law, relieved <br />from all liability for any damage that may accrue to persons or property by reason of any act or <br />omission in the discharge of its duties. Any suit brought against the Engineer which involve the <br />acts or omissions performed by it in the enforcement of any provisions of the Client's rules, <br />regulation and /or ordinance shall be defended by the Client until final termination of the <br />proceedings. The Engineer shall be entitled to all defenses and municipal immunities that are, or <br />would be, available to the Client. <br />29. Insurance and Indemnification: The Engineer and the Client understand and agree that the <br />Client will contractually require the Contractor to defend and indemnify the Engineer and /or <br />any subconsultants from any claims arising from the Work. The Engineer and the Client further <br />understand and agree that the Client will contractually require the Contractor to procure <br />commercial general liability insurance naming the Engineer as an additional named insured with <br />respect to the work. The Contractor shall provide to the Client certificates of insurance <br />evidencing that the contractually required insurance coverage has been procured. However, the <br />City of South Bend: South Side Improvements October 2, 2013 <br />19.R100167.00001 Page 12 <br />
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