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Agmt 2001 Applied Materials & Engineering (2)
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Agmt 2001 Applied Materials & Engineering (2)
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7/15/2010 11:42:17 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/4/2001
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PERM
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Reso 2001-131
(Approved by)
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\City Clerk\City Council\Resolutions\2001
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. <br />(c) General Employment Provisions Relating to Handicap/Disability Discrimination. <br />No qualified individual with a handicap or disability shall, solely on the basis of <br />such handicap or disability, be subjected to discrimination in employment by <br />Contractor. <br />(d) Reports. Contractor shall provide such reports and/or documents to City <br />demonstrating compliance with the terms hereof. <br />9. STANDARD OF PERFORMANCE. Contractor shall perform all services required <br />pursuant to this Agreement in the manner and according to the standards observed by a <br />competent practitioner of the profession in which Contractor is engaged in the <br />geographical area in which Contractor practices its profession. All instruments of service <br />of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall <br />be prepared in a substantial, first class and workmanlike manner and conform to the <br />standards of quality normally observed by a person practicing in Contractor's profession. <br />10. HOLD HARIVII,ESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall <br />take all responsibility for the work, shall bear all losses and damages directly or indirectly <br />resulting to him, to any subcontractor, to the City, to City officers and employees, or to <br />parties designated by the City, on account of the performance or character of the work, <br />unforeseen difficulties, accidents, occurrences or other causes predicated on active or <br />passive negligence of the Contractor or of any subcontractor. Contractor shall indemnify, <br />defend and hold harmless the City, its officers, officials, directors, employees and agents <br />from and against any or all loss, liability, expense, claim, costs (including costs of <br />defense), suits, and damages of every kind, nature and description directly or indirectly <br />arising from the performance of the work. This paragraph shall not be construed to <br />exempt the City, its employees and officers from its own fraud, willful injury or violation <br />of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the <br />parties hereto recognize and agree that this agreement is not a construction contract. By <br />execution of this Agreement, Contractor acknowledges and agrees that it has read and <br />understands the provisions hereof and that this paragraph is a material element of <br />consideration. <br />Approval of the insurance contracts does not relieve the Contractor or subcontractors <br />from liability under this paragraph. <br />11. GOVERNMENTAL REGULATIONS. To the extent that this Agreement maybe funded <br />by fiscal assistance from another governmental entity, Contractor shall comply with all <br />applicable rules and regulations to which City is bound by the terms of such fiscal <br />assistance program. <br />12. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, <br />memoranda or other written documents or materials prepared by Contractor pursuant to <br />this Agreement shall become the property of City upon completion of the work to be <br />performed hereunder or upon termination of the Agreement. <br />Exhibit D Page 5 of 6 <br />6/12/95 rev. FIRE STATION 11 - CATALINA <br />
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