|
materials and equipment, the selection and supervision of personnel, and the performance of other
<br />services under this Agreement, are pursuant to the standard of performance in the profession. Any
<br />provisions in this Agreement pertaining to the City's review, approval and /or acceptance of written
<br />materials prepared by the Engineer and/or its subconsultants, contractors, and subcontractors in
<br />connection with this Agreement will not diminish the Engineer's responsibility for the materials.
<br />Approval of the City will not constitute, or be deemed, a release of the responsibility and liability
<br />of the Engineer, its employees, agents, or associates for the exercise of skill and diligence to
<br />promote the accuracy and competency of their designs, information, plans, specifications or any
<br />other document, nor will the City's approval be deemed to be the assumption of responsibility by
<br />the City for any defect or error and omissions in the aforesaid documents prepared by the Engineer,
<br />its employees, associates, agents, subconsultants or subcontractors.
<br />B. The Engineer will promptly correct any errors or omissions in designs or specifications it
<br />furnishes at no cost to the City. The City's approval, acceptance, use of, or payment for, all or any
<br />part of the Engineer's services under this Agreement or of the Project itself will in no way alter
<br />the 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, 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 />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. However, the Engineer is not responsible in any manner for
<br />the safety of any other party including any responsibility for supervising, directing, controlling, or
<br />otherwise being in charge of the construction activities, means, or methods at the project site; or
<br />supervising, directing, controlling, or otherwise being in charge of the actual work of the
<br />Construction Contractor, its sub - contractors, or other materialmen or service providers not
<br />engaged by Engineer.
<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 solely from the negligent or intentional wrongful acts or omissions of the
<br />Engineer, its officers, employees or agents or by or on account of any claims or amounts recovered
<br />11
<br />
|