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X. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all responsibility
<br /> for the work,shall bear all losses and damages directly or indirectly resulting to him,to any subcontractor,to the
<br /> City,to City officers and employees,or to parties designated by the City,on account of the performance or
<br /> character of the work,unforeseen difficulties,accidents,occurrences or other causes predicated on active or
<br /> passive negligence of the Contractor or of any subcontractor. Contractor shall indemnify,defend and hold
<br /> harmless the City,its officers,officials,directors,employees and agents from and against any or all loss,
<br /> liability,expense,claim,costs(including costs of defense),suits,and damages of every kind,nature and
<br /> description directly or indirectly arising from the negligent or reckless performance of the work. This paragraph
<br /> shall not be construed to exempt the City,its employees and officers from its own fraud,willful injury or
<br /> violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto
<br /> recognize and agree that this agreement is not a construction contract. By execution of this Agreement,
<br /> Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this
<br /> paragraph is a material element of consideration.
<br /> Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this
<br /> paragraph.
<br /> XI. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance
<br /> from another governmental entity,Contractor shall comply with all reasonable and applicable rules and
<br /> regulations to which City is bound by the terms of such fiscal assistance program.
<br /> XII.DOCUMENTS. All reports,data,maps,models,charts,studies,surveys,photographs,memoranda or other
<br /> written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of
<br /> City upon completion of the work to be performed hereunder or upon termination of the Agreement.
<br /> XIII.COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws applicable to the
<br /> performance of the work hereunder,including,but not limited to,laws prohibiting discrimination based on race,
<br /> religious creed,color,national origin,ancestry,physical handicap,medical condition,marital status or sex.
<br /> XIV.USE OF RECYCLED PRODUCTS. Contractors shall prepare and submit all reports,written studies and other
<br /> printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
<br /> XV.PROFESSIONAL SEAL. Where applicable in the determination of the contract administrator,the first page of
<br /> a technical report,first page of design specifications,and each page of construction drawings shall be
<br /> stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The
<br /> stamp/seal shall be in a block entitled"Seal and Signature of Registered Professional with report/design
<br /> responsibility".
<br /> Standard Contractual Services Agreement BMS Design Group
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