Laserfiche WebLink
the services described in this Agreement, whether completed or in progress. The expense of <br /> reproduction of these items will be borne by the City. <br /> C. If applicable to this Agreement, funds for the payment for work performed by the Engineer <br /> under this Agreement have been provided through the City's budget approved by City Council for <br /> the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds <br /> beyond the fiscal year for which a budget has been approved. The City cannot guarantee the <br /> availability of funds, and enters into this Agreement only to the extent such funds are made <br /> available. The Engineer acknowledges and agrees that it will have no recourse against the City <br /> for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than <br /> the year in which this Agreement was executed. The fiscal year for the City extends from October <br /> 1st 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 agrees that the preparation of designs/drawings, the designation or selection of materials <br /> and equipment, the selection and supervision of personnel, and the performance of other services <br /> under this Agreement, are pursuant to a high 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 in the aforesaid documents prepared by the Engineer,its employees, <br /> 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 /> 4 <br />