Res 2015-010/agreement between the City and Freese and Nichols, Inc. for the provision of Professional Engineering Services in connection with The Hopkins Street: Bishop to Moore Improvements Project

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reproduction of these items will be borne by the City. C. If applicable to this Agreement, funds for the payment for work performed by the Engineer under this Agreement have been provided through the City's budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. The Engineer acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the City extends from October I st of each calendar year to September 30th of the following calendar year. ARTICLE 7 WARRANTY AND INDEMNIFICATION A. In performing all services under this Agreement, the Engineer or persons under the supervision of the Engineer will use that degree of care and skill normally exercised for similar projects by professional Engineers who possess special expertise in the types of services The Engineer will ensure that all persons performing services under this Agreement possess the appropriate licenses under local, State or Federal law governing their respective discipline. As an experienced and qualified design professional, the Engineer warrants that the information it provides reflects high professional and industry standards, procedures, and performances. The Engineer warrants that the preparation of designs /drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, and the performance of other services under this Agreement, are pursuant to a high standard of performance in the profession. Any provisions in this Agreement pertaining to the City's review, approval and/or acceptance of written materials prepared by the Engineer and/or its subconsultants, contractors, and subcontractors in connection with this Agreement will not diminish the Engineer's responsibility for the materials. Approval of the City will not constitute, or be deemed, a release of the responsibility and liability of the Engineer, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their designs, information, plans, specifications or any other document, nor will the City 's approval be deemed to be the assumption of responsibility by the City for any defect or error in the aforesaid documents prepared by the Engineer, its employees, associates, agents, subconsultants or subcontractors. B. The Engineer will promptly correct any defective designs or specifications it furnishes at. no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the Engineer's services under this Agreement or of the Project itself will in no way alter the Engineer's obligations or the City's rights under this Agreement nor will it diminish the Consultant's responsibility for the materials. C. It is expressly agreed that the Engineer and its employees are independent contractors, and not agents, employees, partners or joint venturers with the City. As an independent contractor, the 4