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2. This Agreement may be terminated in whole or in part in writing by the City for its convenience; <br /> provided that the Consulting Engineer is given not less than fifteen(15)calendar days prior <br /> written notice delivered by certified mail,return receipt requested of intent to terminate, and an <br /> opportunity for consultation with the City prior to termination. <br /> 3. Upon receipt of a notice of intent to terminate frorn the City pursuant to this Agreement,the <br /> Consulting Engineer shall(1)promptly discontinue all services affected(unless the notice directs <br /> otherwise),and(2)make available to the City at any reasonable time at a location specified by the <br /> City all data,drawings,specifications,reports,estimates,summaries,and such other information <br /> and materials as may have been accumulated by the Consulting Engineer in performing this <br /> Agreement,whether completed or in process. <br /> 4. Upon tennination pursuant to this Agreement,the City's Representative may take over the work <br /> and complete the same by agreement with another party or otherwise. <br /> F. EQUAL EMPLOYMENT OPPORTiJNITY REQUIREMENTS. The Consulting Engineer <br /> agrees to abide by and comply with the City's"Equal Employment Opportunity Clause"(attached and <br /> marked hereto as Eachibit F and incorporated herein by reference)to the extent that the clause is <br /> applicabte to this contract. <br /> G. INDEPENDENT CONTRACTOR STATUS. Nothing contained in this Agreement shall be <br /> construed to make the Consulting Engineer an employee or partner of the City. The Consulting <br /> Engineer shall at all times hereunder be construed to be an independent contractor. <br /> H. FEDERAL FLTNDING. If Federal Funds are utilized as a source of Project funding,the <br /> Consulting Engineer shall abide by the terms of all Federal requirements in the performance of duties <br /> hereander. <br /> I. AMENDMENT OF AGREEMENT. This Agreement shall be amended or supplemented only in <br /> writing and execated by both parties hereto. <br /> J. HOLD HARMLESS. Consulting Engineer shall indemnify and save harmless the City, its officers <br /> and employees against claims for damages to property or injuries to or death of any person or <br /> persons, including property and employees or agents of the City and including reasonable attorney's <br /> fees incurred by the City or required in any way to be paid by the City,in defense thereof,and shall <br /> indemnify and save harmless the City from all claims,demands,suits,actions or proceedings <br /> including Worker's Compensation claims,of or by anyone whomsoever,to the extent proximately <br /> caused or proximately arising out of negligent acts or omissions to act by Consulting Engineer in <br /> connection with its performance of this contract,including operations of its subcontractors and <br /> negligent acts or omissions of employees or agents of the Consulting Engineer or its subcontractors. <br /> The City shall indemnify and save harmless the Consulting Engineer,its officers and employees <br /> against any and all claims for damages to property or injuries to or death of any person or persons, <br /> including property and employees or agents of the Consulting Engineer and including reasonahle <br /> attarney's fees incurred by the Consulting Engineer or required in any way to be paid by the <br /> Consulting Engineer, in defense thereof,and shall indemnify and save harmless the Consulting <br /> Engineer from all claims,demands, suits, actions or proceedings including Worker's Compensation <br /> claims,of or by anyone v��homsoever,proximately caused or proximatety arising out of negligent acts <br /> or omissions to act by City in connection with its performance of this contract, including operations <br /> of its subcontractors and negligent acts or omissions of employees or agents of the City or its <br /> subcontractors. <br /> Last Revised:O.i/21!2018 <br />