Agmt 2002 Shutts_Peter G AIA - Laserfiche WebLink

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(d) Reports. Cons-Itant shall provide such reports and/or documents to City demonstrating coanpliance with the te--rns hereof. ~~. STANDARD_ OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consr-ltanC is engaged in the geographical area in which Consultant practices its prolession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1O, I101.[~ I IAR~VIf ESS ANf) RESPONS[F3fL1~CY OF CONSULTANTS. Consultant shall take. responsibility for the Mork, shall bc~-r all losses and da-nagcs directly or indirectly resulting to him, to any suhconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence ofthe Consultant or oFany subconsultant. Consultant shall indemnity and hold harmless the City, its officers, officials, director, and employees From and against any or all loss, liability, expense, costs (including costs of defense), suits, and damages di--ectly ur indirectly arising ti~oul the performance of the work, to the extent caused by the negligence of the Consultant. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this Agreement, Consultant acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from, liability under this paragraph. l 1. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 12. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorney's fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of the documents by the City or any entity that acquires or obtains the documents from or through the City without the written authorization of the Consultant. Exhibit D Page 5 of 6 Floresta Park Restrom