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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
<br />an 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
<br />other services under this Agreement, are pursuant to a high standard of performance in the
<br />profession. Any provisions in this Agreement pertaining to the City's review, approval and /or
<br />acceptance of written materials prepared by the Engineer and /or its subconsultants, contractors,
<br />and subcontractors in connection with this Agreement will not diminish the Engineer's
<br />responsibility for the materials. Approval of the City will not constitute, or be deemed, a release
<br />of the responsibility and liability of the Engineer, its employees, agents, or associates for the
<br />exercise of skill and diligence to promote the accuracy and competency of their designs,
<br />information, plans, specifications or any other document, nor will the City's approval be deemed
<br />to be the assumption of responsibility by the City for any defect or error in the aforesaid
<br />documents prepared by the Engineer, its employees, associates, agents, subconsultants or
<br />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
<br />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,
<br />and not agents, employees, partners or joint venturers with the City. As an independent
<br />contractor, the Engineer is responsible for the professional services and the final work product
<br />contemplated under this Agreement. Except for materials furnished by the City, the Engineer
<br />will supply all materials, equipment, and labor required for the provision of its professional
<br />services under this Agreement. The Engineer has ultimate control over the execution of its
<br />professional services and it is the Engineer's sole obligation to employ, direct, control, supervise,
<br />manage, discharge, and compensate all of its employees, subconsultants and subcontractors, and
<br />the City has no control of or supervision over the employees of the Engineer or any of the
<br />Engineer's subconsultants or subcontractors. The Engineer will not pledge or attempt to pledge
<br />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
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