R2016-86 AUTHORIZING PROFESSIONAL ENGINEERING SERVICES AGREEMENT

Home Browse Search

written notice delivered by certif ed mail,rehun receipt requested of intent to terminate,and an opporhinity for consultation with the City prior to te�mination. 3. Upon receipt of a notice of intent to terminate from the City pw�suant to this Agreement,the Consulting Engineer shall (1) promptly discontinue all seivices affected(unless the notice directs otherwise), and (2)make available to the City at any t•easonable time at a location specified by the City all data,drawings,specifications,reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consulting E�igineer in performing this A�•eement,whether completed or in process. 4. Upon termination pursuant to this A�•eement,the City's Representative may take over the work and complete the same by ag�•eement with another party or otherwise. F. EQUAL EMPLOYMENT OPPORT[JNITY REQUIREMENTS. The Consulting Engineer agrees to abide by and comply with the City's "Equal Employment Opportunity Clause"(attached and marked hereto as Exhibit F and incorporated herein by reference)to the extent that the clause is applicable to this contract. G. INDEPENDENT CONTRACTOR STATUS. Nothing containeii in this Agreement shall be construed to make the Consulting Engineer an employee or paitner of the City. The Consulting Engineer shall at all times hereunder be construed to be an independent contractor. H. FEDERAL FUNDING. If Federal Funds are utilized as a source of Project funding,the Consulting Engineer shall abide by the terms of al1 Federal requirements in the performance of duties hereunder. I I. AMENDMENT OF AGREEMENT. This Agreement shall be amended or supplemented only in ' writing and executed by both parties hereto. J. HOLD HARNILESS. Consulting Engineer shall indetruiify and save harmless the City, its officers and employees against claims for damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and including reasonable attorney's fees incurred by the City or required in any way to be paid by thc City, in defense thereof,and shall indemnify and save harmless the City from all claims,demands,suits,actions or proceedings including Worker's Compensation claims, of or by anyone whomsoever,to the extent pro�cimately caused or proximately arising out of negligent acts or omissions to act by Consulting Engineer in connection with its performance of this contract,inchiding operations of its subcontractors and negligent acts or omissions of employees or agents of the Consulting Engineer or its subcontractors. The City shall indemnify and save harmless the Consulting Engineer, its officers and employees against any and all claims for damages to property or injuries to or death of any person or persons, including property and employees or agents of the Consulting Engineer and including reasonable attorney's fees incu►ti�ed by the Consulting Engineer or required in any way to be paid by the Consulting Engineer, in defense thereof,and shall indemnify and save harmless the Consulting Engineer from all claims,demands,suits,actions or proceedings including Worker's Compensation claims,of or by anyone whomsoever,proximately caused or proximately arising out of negligent acts � or omissions to act by City in connection with its performance of this contract, including operations of its subcontractors and negligent acts or omissions of employees or agents of the City or its subcontractois. Insurance coverage specified in this Agreement constitutes the minimum requirements and said requirements shall not lessen or limit the liability of the Consulting�ngineer under the terms of the Agreement. The Consultiug�ngineer sliall procure and maintain at his own cost and expense,any additional kinds and amotints of insurance that,in the Consulting�ngineer's own judgment,may bc Last Revised:04/29/2015