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Reso 1996-156 to 160
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Reso 1996-156 to 160
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1996
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PERM
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Contractor shall, immediately upon receiving notice from city of such desire of City, <br />cause the removal of such person or persons. <br />8. STANDARD OF PERFORMANCE. Contractor shall perform all services <br />required pursuant to this Agreement in the manner and according to the standards <br />observed by a competent practitioner of the profession in which Contractor is engaged in <br />the geographical area in which Contractor practices its profession. All instruments of <br />service of whatsoever nature which Contractor delivers to City pursuant to this <br />Agreement shall be prepared in a substantial, first class and workmanlike manner and <br />conform to the standards of quality normally observed by a person practicing in <br />Contractor's profession. <br />9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. <br />Contractor shall take all responsibility for the work, shall bear all losses and damages <br />directly or indirectly resulting to him, to any subcontractor, to the City, to City officers <br />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 <br />predicated on active or passive negligence of the Contractor or of any subcontractor. <br />Contractor shall indemnify, defend and hold harmless the City, its officers, officials, <br />directors, employees and agents from and against any or all loss, liability, expense, claim, <br />costs (including costs of defense), suits, and damages of every kind, nature and <br />description directly or indirectly arising from the performance of the work. This <br />paragraph shall not be construed to exempt the City, its employees and officers from its <br />own fraud, willful injury or violation of law whether willful or negligent. For purposes of <br />Section 2782 of the Civil Code the parties hereto recognize and agree that this <br />agreement is not a construction contract. By execution of this Agreement, Contractor <br />acknowledges and agrees that it has read and understands the provisions hereof and that <br />this paragraph is a material element of consideration. <br />Approval of the insurance contracts does not relieve the Contractor or subcontractors <br />from liability under this paragraph. <br />10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may <br />be funded by fiscal assistance from another governmental entity, Contractor shall comply <br />with all applicable rules and regulations to which City is bound by the terms of such fiscal <br />assistance program. <br />11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, <br />photographs, memoranda or other written documents or materials prepared by <br />Contractor pursuant to this Agreement shall become the property of City upon <br />completion of the work to be performed hereunder or upon termination of the <br />Agreement. <br />Exhibit age of <br />6/12/95 rev <br />J:\WPD\IFORMS\AGRE\EXHEBITD.DOS <br />
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