Agmt 2002 Shutts_Peter G AIA (2)

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female-o~~~ned enterprises based in Sill1 Leandro shall hay e maximum practicable opportunity for subconsultant work under this Agreement. (c) General Employment Pro~~isions Relatin<~ to Handicaf~iDisahility Discri~l~ination. No dualificd individual with ~a handicap or disability shall, solely on the basis of such handicap or disability. be subjected to discrimination in employment by Consultant. (d) Re~rts. Consultant shall proeide such reports and%or documents to City demonstl-atin~~ compliance ~~~ith the terms hereof. ~~. STANDARD OF PE_RFnR~~1.~_~~C_'_E. Consult~ult shall pcri~~rm ~~Il ,cr~~iccs r~quircd purSLlant tU thlS .'~~~rCCmCRi In thy' IllallnCr and aCCC)rdln~~ tU the St~llld~lrC~S C)bSl'1"V'l'C~ hV a c~>mpctcnt practitioner of the profession in which Consultant is engaged in the ~,eographical area in which Consultant practices its profession. All instruments of service of ~~~hatsoever nature which Consuhant dcli~~crs to City pursuant to this Agreement shall be prepared in a substantial. tirst class and «-orkmanlike manner and conform to the standards of duality normally obsec~~cd by a person practicin~~~ in Consultant's profession. 1(1. HOLD HARMLESS AND RESPUV'SIBILITY OF CONSULTANTS. Consultant shall take responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the Cite, 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 of the Consultant or of any subconsultant Consultant shall indemnify 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 directly or indirectly arising from 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 negli~~ent. For purposes of Section 2752 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this Agreement, Consultant ackno~ ledges 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. 11. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, shall comply with all applicable mules and regulations to which City is bound by the terns 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 Exhibit D Page 5 of 6 320/324 West Eskudillo Building Renovation