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3.2.6 Consultant's Representative. Consultant hereby designates Stephen Foti, <br />Principal/Project Manager or his designee, to act as its representative for the performance of this <br />Agreement ("Consultant's Representative"). Consultant's Representative shall have full <br />authority to represent and act on behalf of the Consultant for all purposes under this Agreement. <br />The Consultant's Representative shall supervise and direct the Services, using his best skill and <br />attention, and shall be responsible for all means, methods, techniques, sequences and procedures <br />and for the satisfactory coordination of all portions of the Services under this Agreement. <br />3.2.7 Coordination of Services. Consultant agrees to work closely with City <br />staff in the performance of Services and shall be available to City's staff, consultants and other <br />staff at all reasonable times. <br />3.2.8 Standard of Care; Performance of Employees. Consultant shall perform <br />all Services under this Agreement in a skillful and competent manner, consistent with the <br />standards generally recognized as being employed by professionals in the same discipline in the <br />State of California. Consultant represents and maintains that it is skilled in the professional <br />calling necessary to perform the Services. Consultant warrants that all employees and <br />subcontractors shall have sufficient skill and experience to perform the Services assigned to <br />them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, <br />permits, qualifications and approvals of whatever nature that are legally required to perform the <br />Services, including a City Business License, and that such licenses and approvals shall be <br />maintained throughout the term of this Agreement. As provided for in the indemnification <br />provisions of this Agreement, Consultant shall perform, at its own cost and expense and without <br />reimbursement from the City, any services necessary to correct errors or omissions which are <br />caused by the Consultant's failure to comply with the standard of care provided for herein. Any <br />employee of the Consultant or its sub -consultants who is determined by the City to be <br />uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat <br />to the safety of persons or property, or any employee who fails or refuses to perform the Services <br />in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant <br />and shall not be re-employed to perform any of the Services or to work on the Project. <br />3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and <br />in compliance with all local, state and federal laws, rules and regulations in any manner affecting <br />the performance of the Project or the Services, including all Cal/OSHA requirements, and shall <br />give all notices required by law. Consultant shall be liable for all violations of such laws and <br />regulations in connection with Services. If the Consultant performs any work knowing it to be <br />contrary to such laws, rules and regulations and without giving written notice to the City, <br />Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, <br />indemnify and hold City, its officials, directors, officers, employees and agents free and <br />harmless, pursuant to the indemnification provisions of this Agreement, from any claim or <br />liability arising out of any failure or alleged failure to comply with such laws, rules or <br />regulations. <br />3.2. 10 Insurance. <br />3.2.10.1 Time for Compliance. Consultant shall not commence <br />Work under this Agreement until it has provided evidence satisfactory to the City that it has <br />ONTARIO\NSTUBBS\308489.1 <br />3 <br />