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2000 AGN AUG 01 I12
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2000 August 01 Agenda Packet
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2000 AGN AUG 01 I12
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and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's <br />Representative shall supervise and direct the Services, using his best skill and attention, and shall be <br />responsible for all means, methods, techniques, sequences and procedures and for the satisfactory <br />coordination of all portions of the Services under this Agreement. <br />3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in <br />the performance of Services and shall be available to City's staff, consultants and other staff at all <br />reasonable times. <br />3.2.8 Standard of Care, Performance of Employees. Consultant shall perform all <br />Services under this Agreement in a skillful and competent manner, consistent with the standards <br />generally recognized as being employed by professionals in the same discipline in the State of <br />California. Consultant represents and maintains that it is skilled in the professional calling necessary <br />to perform the Services. Consultant warrants that all employees and subcontractors shall have <br />sufficient skill and experience to perform the Services assigned to them. Finally, Consultant <br />represents that it, its employees and subcontractors have all licenses, permits, qualifications and <br />approvals of whatever nature that are legally required to perform the Services, including a City <br />Business License, and that such licenses and approvals shall be maintained throughout the term of this <br />Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall <br />perform, at its own cost and expense and without reimbursement from the City, any services <br />necessary to correct errors or omissions which are caused by the Consultant's failure to comply with <br />the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who <br />is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely <br />completion of the Project, a threat to the safety of persons or property, or any employee who fails or <br />refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from <br />the Project by the Consultant and shall not be re-employed to perform any of the Services or to work <br />on the Project. <br />3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in <br />compliance with all local, state and federal laws, rules and regulations in any manner affecting the <br />performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all <br />notices required by law. Consultant shall be liable for all violations of such laws and regulations in <br />connection with Services. If the Consultant performs any work knowing it to be contrary to such <br />laws, rules and regulations and without giving written notice to the City, Consultant shall be solely <br />responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its <br />officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification <br />provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to <br />comply with such laws, rules or regulations. <br />3.2. 10 Insurance. <br />3.2.10.1 Time for Compliance. Consultant shall not commence work <br />under this Agreement until it has provided evidence satisfactory to the City that it has secured all <br />insurance required under this section. In addition, Consultant shall not allow any subcontractor to <br />commence work on any subcontract until it has provided evidence satisfactory to the City that the <br />subcontractor has secured all insurance required under this section. <br />3 <br />
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