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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 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 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 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 /> 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
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