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the year in which this Agreement was executed. The fiscal year for the City extends from October <br />1 st of each calendar year to September 30th of the following calendar year. <br />ARTICLE 6 <br />WARRANTY AND INDEMNIFICATION <br />A. In performing all services under this Agreement, the Engineer or persons under the <br />supervision of the Engineer will use that degree of care and skill normally exercised for similar <br />projects by professional Engineers who possess special expertise in the types of services. The <br />Engineer will ensure that all persons performing services under this Agreement possess the <br />appropriate licenses under local, State or Federal law governing their respective discipline. As an <br />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 other <br />services under this Agreement, are pursuant to a high standard of performance in the profession. <br />Any provisions in this Agreement pertaining to the City's review, approval and/or acceptance of <br />written materials prepared by the Engineer and/or its subconsultants, contractors, and <br />subcontractors in connection with this Agreement will not diminish the Engineer's responsibility <br />for the materials. Approval of the City will not constitute, or be deemed, a release of the <br />responsibility and liability of the Engineer, its employees, agents, or associates for the exercise of <br />skill and diligence to promote the accuracy and competency of their designs, information, plans, <br />specifications or any other document, nor will the City's approval be deemed to be the assumption <br />of responsibility by the City for any defect or error in the aforesaid documents prepared by the <br />Engineer, its employees, associates, agents, subconsultants or 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 Engineer's <br />obligations or the City's rights under this Agreement. <br />C. It is expressly agreed that the Engineer and its employees are independent contractors, and <br />not agents, employees, partners or joint venturers with the City. As an independent contractor, the <br />Engineer is responsible for the professional services and the final work product contemplated <br />under this Agreement. Except for materials furnished by the City, the Engineer will supply all <br />materials, equipment, and labor required for the provision of its professional services under this <br />Agreement. The Engineer has ultimate control over the execution of its professional services and <br />it is the Engineer's sole obligation to employ, direct, control, supervise, manage, discharge, and <br />compensate all of its employees, subconsultants and subcontractors, and the City has no control of <br />or supervision over the employees of the Engineer or any of the Engineer's subconsultants or <br />subcontractors. The Engineer will not pledge or attempt to pledge the credit of the City. <br />1H <br />