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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 /> 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 solely from the negligent or intentional wrongful acts or omissions of the
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