Reso 2011-1782 - Laserfiche WebLink

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11. ACCIDENT PREVENTION. Consultant shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for damages to persons or property, either on or off the Newport Fishing Pier site, which occur as a result of the Consultant's execution of the Services. The safety provisions of applicable law and building and construction codes shall be observed and the Consultant shall take or cause to be taken such additional safety and health measures as the City may determine to be reasonable and necessary. 12. RESPONSIBILITY AND SUPERVISION OF WORK. Consultant shall be responsible to the City for the acts and omissions of all the Consultant's employees, Sub- Consultants, agents and all other persons performing any of the Services on behalf of the Consultant. Consultant shall at all time enforce strict and good order among Consultant's employees and shall not employ any unfit persons or anyone not skilled in the tasks necessary to perform the Services. Consultant shall act as or employ a competent supervisor who shall regularly visit the Newport Fishing Pier site and shall regularly communicate with the City Manager or his designee during the progress of the Services. 13. INSPECTION. Consultant shall permit regular inspections by the City and other appropriate officials in order to confirm that the Services are being conducted in accordance with the terms and conditions of this Agreement and that the Services are satisfactorily completed. 14. INDEMNIFICATION. Consultant agrees to indemnify, defend and hold harmless, the City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, sickness, disease, or loss of or damage to property, at law or in equity, which may arise or may be alleged to have arisen from the acts, errors, omissions or other wrongful conduct of the Consultant in connection with the performance of Services under this Agreement, whether such acts, errors, omissions or other wrongful conduct be by the Consultant, or any of the Consultant's subContractors, agents, employees, suppliers or any other personnel entity acting under Consultant's control, and to that extent, the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 15. TERMINATION. a. Termination for Default. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. Page 5 of II C: v C 1011-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier