Laserfiche WebLink
Attachment 4 <br /> Page 1 of 1 <br /> CITY OF DECATUR, ILLINOIS <br /> LAKE DECATUR DAM REHABILITATION PROJECT <br /> ENGINEERING SERVICES DURING CONSTRUCTION <br /> RESPONSIBILITIES DURING CONSTRUCTION <br /> Means,Methods and Safety of Others Notwithstanding anything to the contrary which may be <br /> contained in this Agreement or any other material incorporated herein by reference, or in any agreement <br /> between Client and any other party concerning the Project,MWH shall not have control or be in charge of <br /> and shall not be responsible for the means,methods,techniques,sequences or procedures of construction, <br /> or the safety,safety precautions or programs of the Client,the construction contractor,other contractors or <br /> subcontractors of others performing any of the work or services on the Project. Nor shall MWH be <br /> responsible for the acts or omissions of Client, or for the failure of Client, any architect, engineer, <br /> consultant,contractor or subcontractor of others to carry out their respective responsibilities in accordance <br /> with the Project documents,this Agreement or any other agreement concerning the Project. Any provision, <br /> which purports to amend this provision, shall be without effect unless it contains a reference that the <br /> content of this Article is expressly amended for the purposes described in such amendment and is signed by <br /> both of the parties. <br /> Review of Contractor's Submittals MWH's review and approval of submittals, required of the <br /> construction contractor by the terms of the construction contract, shall only be to determine their <br /> conformance with the design intent and compliance with the construction contract documents,and shall not <br /> relieve the contractor of his obligations thereunder, nor be construed to confer any obligations of others <br /> upon MWH. MWH shall be entitled to rely, without further verification, upon the validity of any <br /> certifications required by the construction contract terms to be submitted by the contractor for review. <br /> Pay Estimates and Certifications MWH's recommendations for payment of contractor's pay estimates <br /> and certifications as to the quality or state of completion of the Project,shall be construed to be"to the best <br /> of MWH's reasonable knowledge and belief' notwithstanding the any other text or language indicating <br /> otherwise on such recommendations or certifications. <br /> Preparation of Record Documents Record Documents,if any,prepared MWH shall be based on marked <br /> up drawings and information provided by the Client's construction contractor. <br /> Contractor's Insurance and Indemnification The Client agrees to require its construction <br /> contractor(s)and its subcontractor(s)to maintain commercial general liability,workers compensation,and <br /> automobile liability insurance coverages and to name MWH as a primary additional insured on their <br /> commercial general liability and automobile liability coverages including separation of insureds.The Client <br /> also agrees to require its construction contractors and subcontractors to waive subrogation against MWH <br /> and to indemnify MWH in the same manner,and to the same extent,as they are required to indemnify the <br /> Client. <br /> O:�ProjecWumberV8500-18599\t8552\CM Services Budget and Scope.DOC <br />