|
an experienced and qualified design professional, the Engineer warrants that the information it
<br />provides reflects highest professional and industry standards, procedures, and performances. The
<br />Engineer warrants that the preparation of designs /drawings, the designation or selection of
<br />materials and equipment, the selection and supervision of personnel, and the performance of
<br />other services under this Agreement, are pursuant to a high standard of performance in the
<br />profession. Any provisions in this Agreement pertaining to the City's review, approval and/or
<br />acceptance of written materials prepared by the Engineer and/or its subconsultants, contractors,
<br />and subcontractors in connection with this Agreement will not diminish the Engineer's
<br />responsibility for the materials. Approval of the City will not constitute, or be deemed, a release
<br />of the responsibility and liability of the Engineer, its employees, agents, or associates for the
<br />exercise of skill and diligence to promote the accuracy and competency of their designs,
<br />information, plans, specifications or any other document, nor will the City's approval be deemed
<br />to be the assumption of responsibility by the City for any defect or error in the aforesaid
<br />documents prepared by the Engineer, its employees, associates, agents, subconsultants or
<br />subcontractors.
<br />B. The Engineer will promptly correct any defective designs or specifications it furnishes at
<br />no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the
<br />Engineer's services under this Agreement or of the Project itself will in no way alter the
<br />Engineer's obligations or the City's rights under this Agreement.
<br />C. It is expressly agreed that the Engineer and its employees are independent contractors,
<br />and not agents, employees, partners or joint venturers with the City. As an independent
<br />contractor, the Engineer is responsible for the professional services and the final work product
<br />contemplated under this Agreement. Except for materials furnished by the City, the Engineer
<br />will supply all materials, equipment, and labor required for the provision of its professional
<br />services under this Agreement. The Engineer has ultimate control over the execution of its
<br />professional services and it is the Engineer's sole obligation to employ, direct, control, supervise,
<br />manage, discharge, and compensate all of its employees, subconsultants and subcontractors, and
<br />the City has no control of or supervision over the employees of the Engineer or any of the
<br />Engineer's subconsultants or subcontractors. The Engineer will not pledge or attempt to pledge
<br />the credit of the City.
<br />D. The Engineer will at all times exercise reasonable precautions on behalf of, and be solely
<br />responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other
<br />persons, as well as their personal property, while in the vicinity of the Project or any of the work
<br />being done on or for the Project. It is expressly understood and agreed that the City is not liable
<br />or responsible for the negligence of the Engineer, its officers, employees, agents, subcontractors,
<br />invitees, licensees, and other persons.
<br />E. The Engineer will indemnify, hold harmless and defend the City and all its employees,
<br />agents, officers and servants from any and all lawsuits, claims, demands and causes of action of
<br />any kind arising from the negligent or intentional wrongful acts or omissions of the Engineer, its
<br />4
<br />
|