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R2013-72 AUTHORIZING AMENDMENT NO. 2 TO SUPPLEMENTAL AGREEMENT WITH THE STATE
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R2013-72 AUTHORIZING AMENDMENT NO. 2 TO SUPPLEMENTAL AGREEMENT WITH THE STATE
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Resolution/Ordinance
Res Ord Num
2013-72
Res Ord Title
AUTHORIZING AMENDMENT NO. 2 TO SUPPLEMENTAL AGREEMENT WITH THE STATE OF ILLINOIS FOR PRELIMINARY DESIGN FOR BRUSH COLLEGE ROAD SUBWAY STUDY
Department
Public Works
Approved Date
7/15/2013
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SECTION 7.HOLD HARMLESS AND INDEMNIFICATION. <br /> The Contractor/Consultant shall indemnify and hold harmless the City, its officers, officials, employees, <br /> directors and agents against any and all claims for damages to property or injuries to or death of any <br /> person or persons, including property and employees or agents of the City and including reasonable <br /> attorneys fees incurred by the City or required in any way to be paid by the City, in defense thereof and <br /> shall indemnify and hold harmless the City from all claims, demands,suits,actions or proceedings <br /> including Worker's Compensation claims,of or by anyone whomsoever, proximately caused or <br /> proximately arising out of negligent acts or omissions to act by Contractor/Consultant in connection <br /> with its performance of this contract, including operations of its subcontractors and negligent acts or <br /> omission of employees or agents of the Contractor/Consultant or its subcontractors. <br /> The City shall indemnify and save harmless the Consulting Engineer, its officers and employees against <br /> any and all claims for damages to property or injuries to or death of any person or persons, including <br /> property and employees or agents of the Consulting Engineer and including reasonable attorney's fees <br /> incurred by the Consulting Engineer or required in any way to be paid by the Consulting Engineer, in <br /> defense thereof,and shall indemnify and save harmless the Consulting Engineer from all claims, <br /> demands, suits,actions or proceedings including Worker's Compensation claims, of or by anyone <br /> whomsoever, proximately caused or proximately arising out of negligent acts or omissions to act by City <br /> in connection with its performance of this contract, including operations of its subcontractors and <br /> negligent acts or omissions of employees or agents of the City or its subcontractors. <br /> Insurance coverage specified in this Agreement constitutes the minimum requirements and said <br /> requirements shall not lessen or limit the liability of the Consulting Engineer under the terms of the <br /> Agreement.The Consulting Engineer shall procure and maintain at his own cost and expense, any <br /> additional kinds and amounts of insurance that, in the Consulting Engineer's own judgment, may be <br /> necessary for the Consulting Engineer's proper protection in the prosecution of the work. Neither Party <br /> shall be liable to the other Party for incidental, indirect,special or consequential damages. <br /> SECTION 8.Standard of Care <br /> The Contractor/Consultant and any Sub-Contractors/Sub-Consultants employed by the <br /> Contractor/Consultant shall perform its services in compliance with applicable standalyds of professional <br /> care.The Contractor/Consultant shall not be required to guarantee the work of any <br /> Contractor/Consultant or Sub-Contractors/SubConsultants employed by the City. Unless specifically <br /> included in the scope of work for this project,the Contractor/Consultant shall have no authority to stop <br /> the work of contractors or consultants employed by the City,shall have no supervision or control as to <br /> the work or persons doing the work, shall not have charge of the work, shall not be responsible for safety <br /> in,on, or about the job site or have any control of the safety or adequacy of any equipment, building <br /> component,scaffolding,supports,forms or other work aids. <br /> 5 <br />
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