|
this Agreement and as required by law, and shall be responsible for all reports and
<br />obligations respecting them, including but not limited to, social security taxes, income
<br />tax withholding, unemployment insurance, and workers' compensation insurance
<br />2. Cooperation. Consultant shall work closely and cooperate fully with City's
<br />Personnel, and any other agencies which may have jurisdiction or interest in the work
<br />to be performed.
<br />3. Report Materials. Upon termination of this Agreement, Consultant shall
<br />deliver to City all documents, data, studies, surveys, drawing, maps, models,
<br />photographs, and reports prepared by Consultant under this Agreement. Such
<br />documents shall be considered the property of City upon delivery to the City.
<br />Consultant shall be allowed to retain copies.
<br />4. City Policy. Consultant will discuss and review all matters relating to policy
<br />and direction with the City's City Manager or any duly authorized designee in advance
<br />of all critical decision points in order to ensure that the feasibility study proceeds in
<br />a manner consistent with City goals and policies.
<br />5. Conformance to Applicable Requirements. All work prepared by Consultant
<br />shall conform to applicable city, county, state, and federal requirements and be
<br />subject to approval of the City Manager and the City Council.
<br />6. Indemnification. Consultant agrees to indemnify, defend, save, and hold
<br />harmless City, its officers, agents, and employees from and against all liability, claims,
<br />damages, losses, and expenses for damages of any nature whatsoever including, but
<br />not limited to, bodily injury, death, personal injury, property damages, and attorneys'
<br />fees directly arising from any and all negligent actions of Consultant, its employees,
<br />agents, or subcontractors pursuant to this Agreement. Such indemnity shall not apply
<br />to any injuries to persons or property which result from the negligence of the City.
<br />City agrees to indemnify, defend, save, and hold harmless Consultant, its
<br />officers, employees and subcontractors from and against any and all actual or alleged
<br />loss to the extent such loss in caused by the negligence or willful misconduct of City,
<br />its officers, agents, employees, or its other contractors or subcontractors.
<br />7. _Standard_ of Care; Licenses. Consultant represents and agrees that all
<br />personnel engaged in performing services are and shall be fully qualified and are
<br />authorized or permitted under state and local law to perform such services. The
<br />Consultant shall perform the services under this Agreement in a skillful and competent
<br />manner. The Consultant shall be responsible to City for any errors or omissions in the
<br />execution of this Agreement. Consultant represents and warrants to City that it has
<br />all licenses, permits, qualifications, and approvals of whatever nature that are legally
<br />required to practice its profession. Consultant further represents and warrants that
<br />-2-
<br />lsh:\wpwin\holland\ludwig.csa
<br />March 15, 1994
<br />
|