Common use of THE CONSULTANT AGREES Clause in Contracts

THE CONSULTANT AGREES. A. To provide the various technical and professional services, materials, equipment and transportation to perform the tasks as outlined in the EXHIBIT "A" – SCOPE OF SERVICES. B. To attend meetings with the OWNER and other local stakeholders as necessitated by EXHIBIT “A.” C. To make available during regular office hours, all calculations, sketches, documents and drawings such as the OWNER may wish to examine periodically during performance of this Agreement. D. To the extent allowed by law, to indemnify, keep and save harmless the OWNER, its agents, officials and employees against all damages, suits, claims judgments, and losses that may result from the CONSULTANT’s or its agents’, officers’ or employees’ intentional or negligent acts, errors or omissions in connection with work performed under this Agreement arising from injury to persons, damage to property or other liability or loss. The CONSULTANT shall require all sub- consultants to indemnify, keep and save harmless the OWNER in the same manner as is required of the CONSULTANT in the Agreement. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by CONSULTANT and, where relevant to method of payment, to make such material available at its office at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement for inspection by the OWNER or his representatives. F. To comply with the requirements of the City of Wichita Mandatory Contractual Provisions Attachment and the City of Wichita Independent Contractor Addendum which are attached hereto as Exhibits B and C and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as hereinafter provided and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used, and services rendered in connection with such work and as outlined in EXHIBIT “A.” H. To complete the services to be performed by CONSULTANT within a time frame that is customary for this type of project and scope and as set forth in EXHIBIT A, EXCEPT that the CONSULTANT shall not be responsible or held liable for delays occasioned by the actions or inactions of the OWNER, or for other unavoidable delays beyond the control of the CONSULTANT. I. Covenants and represents to be responsible for the professional and technical accuracy and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the CONSULTANT under this Agreement. CONSULTANT further agrees, covenants and represents, that all designs, drawings, and other work or material furnished by CONSULTANT, its agents, employees and subcontractors under this Agreement, including any addition, alterations or amendments thereof, shall be free from negligent errors or omissions. The standard of care for all professional services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. OWNER shall not be responsible for discovering deficiencies in the technical accuracy of CONSULTANT’s services. CONSULTANT shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in OWNER-furnished information. J. CONSULTANT shall procure and maintain such insurance as will protect the CONSULTANT from damages resulting from the negligent acts and errors and omissions of the CONSULTANT, its officers and employees in the performance of the professional services rendered under this Agreement. Such professional liability policy of insurance shall be in an amount not less than $1,000,000 each claim and $1,000,000 annual aggregate. In addition, CONSULTANT will procure and maintain a Workers’ Compensation and Employer's Liability Policy that covers claims for injury, disease or death of employees arising out of and in the course of their employment which, for any reason, may not fall within the provisions of the Workers’ Compensation Law. The liability limit shall be not less than: Workers’ Compensation to meet Statutory Requirements Employer's Liability -$1,000,000 Each Accident $1,000,000 Occupational Disease $2,000,000 Annual Aggregate In addition, CONSULTANT will procure and maintain comprehensive automobile liability insurance covering all Owned, Non-Owner, and Hired Vehicles with minimum limits as follows: Bodily Injury & Property Damage Liability (Combined Single Limit) $1,000,000 Each Occurrence Further, a Commercial General Liability policy shall be procured and maintained by the CONSULTANT that shall be written in a comprehensive form and shall protect CONSULTANT and OWNER against all claims arising from injuries to persons (other than CONSULTANT'S employees), damage to property of the OWNER or third parties or other liability or loss arising out of any negligent act or error or omission of CONSULTANT, its agents, officers, employees or subcontractors in the performance of the services under this Agreement. The liability limit shall not be less than $1,000,000.00 per occurrence for bodily injury, death, property damage and other liability or loss. CONSULTANT shall file satisfactory certificates of insurance with the OWNER before the time CONSULTANT starts any work under this Agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the OWNER shall be given thirty (30) days’ written notice by the insurance company before such policy is canceled. Liability and Automobile Liability policies and the Insurance Certificate must contain the following: K. CONSULTANT further agrees that this Agreement and any subcontracts for work required by this Agreement shall not be subject to arbitration and any clause relating to arbitration contained shall be null and void. L. To designate a Project Manager for the coordination of the work that this Agreement requires to be performed. The CONSULTANT agrees to advise the OWNER, in writing, of the person designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this Agreement. The designated Project Manager shall be the person identified for that role by CONSULTANT in its response for the Request for Proposals unless otherwise approved by OWNER, which approval shall not be unreasonably denied. Written notification shall be provided to the OWNER for any changes exceeding one week in length of time. The designated Project Manager will coordinate all aspects of this PROJECT through the OWNER'S Project Manager. Any requests from any other staff that would affect the PROJECT schedule MUST be approved by the OWNER'S Project Manager. No request from any party, including the Project Manager, shall affect the PROJECT’s identified not-to-exceed cost, unless approved in advance by the OWNER’s governing body.

THE CONSULTANT AGREES. A. To provide the various technical and professional services, materials, equipment services and transportation to perform the tasks as outlined in the EXHIBIT "A" – SCHEDULE AND SCOPE OF SERVICES. B. To attend meetings with the OWNER and other local stakeholders for public input as necessitated by EXHIBIT “A.A”. C. To make available during regular office hours, all calculations, sketches, documents sketches and drawings such as the OWNER may wish to examine periodically during performance of this AgreementContract. D. To the extent allowed by law, to indemnify, keep and save harmless harmless, the OWNER, its agents, officials and employees against all damages, suits, claims claims, and judgments, and losses including attorney fees that may result from the CONSULTANT’s or its , his agents’, officers’ or and employees’ intentional or negligent acts, errors or omissions in connection with work performed under this Agreement Contract arising from injury to persons, damage to property of persons or other liability or lossproperty. The CONSULTANT shall require all sub- sub-consultants to indemnify, keep and save harmless the OWNER in the same manner as is required of the CONSULTANT in the AgreementContract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by CONSULTANT and, where relevant to method of payment, to make such material available at its office at reasonable times during the Agreement Contract period and for three (3) years from the date of final payment under the Agreement Contract for inspection by the OWNER or his representatives. F. To comply with the requirements of the City of Wichita Mandatory Contractual Provisions Attachment EXHIBITS B, C, and the City of Wichita Independent Contractor Addendum E, which are attached hereto as Exhibits B and C and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as hereinafter provided and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used, and services rendered in connection with such work and as outlined in the EXHIBIT “A.A”. H. To X. Xx complete the services to be performed by CONSULTANT within a time frame that is customary the performance schedule for this type of project the PROJECT jointly developed by OWNER and scope CONSULTANT and attached as set forth in EXHIBIT A, EXCEPT D; except that the CONSULTANT shall not be responsible or held liable for delays occasioned by the actions or inactions of the OWNEROWNER or other agencies, or for other unavoidable delays beyond the control of the CONSULTANT. I. Covenants and represents to be responsible for the professional and technical accuracy and the coordination of all designs, drawings, specifications, plans plans, estimates and/or other work or material furnished by the CONSULTANT under this AgreementContract. CONSULTANT further agrees, covenants and represents, that all designs, drawings, and other work or material furnished by CONSULTANT, its agents, employees and subcontractors under this AgreementContract, including any addition, alterations or amendments thereof, shall be free from negligent errors or omissions. The standard of care for all professional services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. OWNER shall not be responsible for discovering deficiencies in the technical accuracy of CONSULTANT’s services. CONSULTANT shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in OWNER-furnished information. J. X. CONSULTANT shall procure and maintain such insurance as will protect the CONSULTANT from damages resulting from the negligent acts and errors and omissions of the CONSULTANT, its officers officers, and employees in the performance of the professional services rendered under this AgreementContract. Such professional liability policy of insurance shall be in an amount not less than $1,000,000 each claim and $1,000,000 annual aggregate2,000,000.00. In addition, CONSULTANT will procure and maintain a Workers’ Compensation and Employer's Liability Policy that covers shall be procured and maintained. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment which, for any reason, may not fall within the provisions of the Workers’ Compensation Law. The liability limit shall be not less than: Workers’ Compensation to meet - Statutory Requirements Employer's Liability -$1,000,000 Each Accident - $1,000,000 Occupational Disease $2,000,000 Annual Aggregate In addition, CONSULTANT will procure and maintain comprehensive automobile liability insurance covering all Owned, Non-Owner, and Hired Vehicles with minimum limits as follows: Bodily Injury & Property Damage Liability (Combined Single Limit) $1,000,000 Each Occurrence each occurrence Further, a Commercial General Liability commercial general liability policy shall be procured and maintained by the CONSULTANT that shall be written in a comprehensive form and shall protect CONSULTANT and OWNER against all claims arising from injuries to persons (other than CONSULTANT'S employees), ) or damage to property of the OWNER or third parties or other liability or loss others arising out of any negligent act or error or omission of CONSULTANT, its agents, officers, employees or subcontractors in the performance of the services under this AgreementContract. The City shall be an additional insured with respect to third-party claims. The liability limit shall not be less than $1,000,000.00 per occurrence for bodily injury, death, property damage and or other liability or loss. CONSULTANT Satisfactory Certificates of Insurance shall file satisfactory certificates of insurance be filed with the OWNER before within ten days after execution of this Contract. Work shall not commence until the time CONSULTANT starts any work under this Agreementrequired insurance is approved by the City. In addition, all insurance policies applicable hereto shall contain a provision that provides provide that the OWNER shall be given thirty (30) days’ written notice by the insurance company before such policy is canceled. Liability and Automobile Liability policies and the Insurance Certificate must contain the following:. K. X. CONSULTANT further agrees agrees, covenants and represents that this Agreement and any subcontracts for work required by this Agreement notwithstanding anything to the contrary, the OWNER shall not be subject to arbitration and any clause relating to arbitration contained shall be null and void. L. To designate a Project Manager for the coordination of the work that this Agreement Contract requires to be performed. The , the CONSULTANT agrees to advise provide the OWNER, OWNER notice in writing, writing of the person designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this AgreementContract. The designated Project Manager CONSULTANT shall be also advise the OWNER of any changes in the person identified for that role by CONSULTANT in its response for the Request for Proposals unless otherwise approved by OWNER, which approval shall not be unreasonably denieddesignated as Project Manager. Written notification shall be provided to the OWNER for any changes exceeding one week in length of time. The designated CONSULTANT’S Project Manager will coordinate all aspects of this PROJECT through the OWNER'S Project Manager. Any requests from any other staff that would affect the PROJECT schedule MUST must be approved by the OWNER'S Project Manager. No request from any party, including the Project Manager, shall affect the PROJECT’s identified not-to-exceed Project cost, unless approved in advance by the OWNER’s ’S governing body.

THE CONSULTANT AGREES. A. To provide the various technical and professional services, materials, equipment and transportation to perform the tasks as outlined in the EXHIBIT "A" – SCHEDULE AND SCOPE OF SERVICES. B. To attend meetings with the OWNER and other local stakeholders as necessitated by EXHIBIT “A.” C. To make available during regular office hours, all calculations, sketches, documents and drawings such as the OWNER may wish to examine periodically during performance of this Agreement. D. To the extent allowed by law, to indemnify, keep and save harmless the OWNER, its agentsits, officials and employees against all damages, suits, claims judgments, and losses that may result from the CONSULTANT’s or its agents’, officers’ or employees’ intentional or negligent acts, errors or omissions in connection with work performed under this Agreement arising from injury to persons, damage to property or other liability or loss. The CONSULTANT shall require all sub- sub-consultants to indemnify, keep and save harmless the OWNER in the same manner as is required of the CONSULTANT in the Agreement. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by CONSULTANT and, where relevant to method of payment, to make such material available at its office at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement for inspection by the OWNER or his representatives. F. To comply with the requirements of the City of Wichita Mandatory Contractual Provisions Attachment EXHIBITS B and the City of Wichita Independent Contractor Addendum C, which are attached hereto as Exhibits B and C and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as hereinafter provided and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used, and services rendered in connection with such work and as outlined in EXHIBIT “A.” H. To complete the services to be performed by CONSULTANT within a the time frame that is customary allotted in the attached schedule for this type of project the PROJECT jointly developed by OWNER and scope and as set forth in EXHIBIT A, CONSULTANT; EXCEPT that the CONSULTANT shall not be responsible or held liable for delays occasioned by the actions or inactions of the OWNER, or for other unavoidable delays beyond the control of the CONSULTANT. I. Covenants and represents To represent to be responsible for the professional and technical accuracy and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the CONSULTANT under this Agreement. CONSULTANT further agrees, covenants and represents, that all designs, drawings, and other work or material furnished by CONSULTANT, its agents, employees and subcontractors under this Agreement, including any addition, alterations or amendments thereof, shall be free from negligent errors or omissions. The standard of care for all professional services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. OWNER shall not be responsible for discovering deficiencies in the technical accuracy of CONSULTANT’s services. CONSULTANT shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in OWNER-furnished information. J. CONSULTANT shall procure and maintain such insurance as will protect the CONSULTANT from damages resulting from the negligent acts and errors and omissions of the CONSULTANT, its officers and employees in the performance of the professional services rendered under this Agreement. Such professional liability policy of insurance shall be in an amount not less than $1,000,000 each claim and $1,000,000 annual aggregate1,000,000. In addition, CONSULTANT will procure and maintain a Workers’ Compensation and Employer's Liability Policy that covers claims for injury, disease or death of employees arising out of and in the course of their employment which, for any reason, may not fall within the provisions of the Workers’ Compensation Law. The liability limit shall be not less than: Workers’ Compensation to meet - Statutory Requirements Employer's Liability -$1,000,000 Each Accident - $1,000,000 Occupational Disease $2,000,000 Annual Aggregate In addition, CONSULTANT will procure and maintain comprehensive automobile liability insurance covering all Owned, Non-Owner, and Hired Vehicles with minimum limits as follows: Bodily Injury & Property Damage Liability (Combined Single Limit) $1,000,000 Each Occurrence each occurrence Further, a Commercial General Liability policy shall be procured and maintained by the CONSULTANT that shall be written in a comprehensive form and shall protect CONSULTANT and OWNER against all claims arising from injuries to persons (other than CONSULTANT'S employees), damage to property of the OWNER or third parties or other liability or loss arising out of any negligent act or error or omission of CONSULTANT, its agents, officers, employees or subcontractors in the performance of the services under this Agreement. The liability limit shall not be less than $1,000,000.00 per occurrence for bodily injury, death, property damage and other liability or loss. CONSULTANT shall file satisfactory certificates of insurance with the OWNER before the time CONSULTANT starts any work under this Agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the OWNER shall be given thirty (30) days’ written notice by the insurance company before such policy is canceled. Liability and Automobile Liability policies and the Insurance Certificate must contain the following:. K. CONSULTANT further agrees that this Agreement and any subcontracts for work required by this Agreement shall not be subject to arbitration and any clause relating to arbitration contained shall be null and void. L. To designate a Project Manager for the coordination of the work that this Agreement requires to be performed. The CONSULTANT agrees to advise the OWNER, in writing, of the person designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this Agreement. The designated Project Manager shall be the person identified for that role by CONSULTANT in its response for the Request for Proposals unless otherwise approved by OWNER, which approval shall not be unreasonably denied. Written notification shall be provided to the OWNER for any changes exceeding one week in length of time. The designated Project Manager will coordinate all aspects of this PROJECT through the OWNER'S Project Manager. Any requests from any other staff that would affect the PROJECT schedule MUST be approved by the OWNER'S Project Manager. No request from any party, including the Project Manager, shall affect the PROJECT’s identified not-to-exceed cost, unless approved in advance by the OWNER’s governing body.

THE CONSULTANT AGREES. A. To provide the various technical and professional services, materials, equipment services and transportation to perform the tasks as outlined in the EXHIBIT SCOPE OF SERVICES (Exhibit "A" – SCOPE OF SERVICES"). B. To attend meetings with the OWNER and other local stakeholders local, State and Federal agencies as necessitated by EXHIBIT the SCOPE OF SERVICES (Exhibit “A.A”). C. To make available during regular office hours, all calculations, sketches, documents sketches and drawings such as the the X. Xx save and hold OWNER may wish harmless against all suits, claims, damages and losses for injuries to examine periodically during performance persons or property arising from or caused by errors, omissions or negligent acts of this Agreement. D. To the extent allowed by law, to indemnify, keep and save harmless the OWNERCONSULTANT, its agents, officials and employees against all damagesservants, suitsemployees, claims judgments, and losses that may result from or subcontractors occurring in the CONSULTANT’s or performance of its agents’, officers’ or employees’ intentional or negligent acts, errors or omissions in connection with work performed services under this Agreement arising from injury to persons, damage to property or other liability or loss. The CONSULTANT shall require all sub- consultants to indemnify, keep and save harmless the OWNER in the same manner as is required of the CONSULTANT in the AgreementContract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by CONSULTANT and, where relevant to method of payment, to make such material available at its office at reasonable times during to the Agreement period and for three (3) years from the date of final payment under the Agreement for inspection by the OWNER or his representativesOWNER. F. To comply with Federal, State and local laws, ordinances and regulations applicable to the requirements work, including Title VI of the City Civil Rights Act of Wichita Mandatory Contractual Provisions Attachment 1964, and to comply with the City of Wichita Independent Contractor Addendum OWNER'S Affirmative Action Program as set forth in Exhibit "B" which are is attached hereto as Exhibits B and C and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as hereinafter provided in Article V and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used, used and services rendered in connection with such work and the tasks as outlined in EXHIBIT the SCOPE OF SERVICES (Exhibit “A.A”). H. To X. Xx complete the services to be performed by CONSULTANT within a the time frame that is customary allotted for this type the PROJECT in accordance with Paragraph VI, Time of project and scope and as set forth in EXHIBIT A, Completion; EXCEPT that the CONSULTANT shall not be responsible or held liable for delays occasioned by the actions or inactions of the OWNEROWNER or other agencies, or for other unavoidable delays beyond the control of the CONSULTANT. I. Covenants and represents to be responsible for the professional and technical accuracy and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the CONSULTANT under this Agreement. CONSULTANT further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by CONSULTANT, its agents, employees and subcontractors subcontractors, under this Agreement, including any addition, alterations or amendments thereof, shall be free from negligent errors or omissions. The standard of care for all professional services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. OWNER shall not be responsible for discovering deficiencies in the technical accuracy of CONSULTANT’s services. CONSULTANT shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in OWNER-furnished information. J. X. CONSULTANT shall procure and maintain such insurance as will protect the CONSULTANT from damages resulting from the negligent acts and errors and omissions of the CONSULTANT, its officers officers, and employees in the performance of the professional services rendered under this Agreement. Such professional liability policy of insurance shall be in an amount not less than $1,000,000 each claim and $1,000,000 annual aggregate500,000.00. In addition, CONSULTANT will procure and maintain a Workers’ Xxxxxxx'x Compensation and Employer's Liability Policy that covers shall be procured and maintained. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment employment, which, for any reason, may not fall within the provisions of the Workers’ Xxxxxxx'x Compensation Law. The liability limit shall be not less than: Workers’ Xxxxxxx'x Compensation to meet - Statutory Requirements Employer's Liability -$1,000,000 Each Accident $1,000,000 Occupational Disease $2,000,000 Annual Aggregate In addition, CONSULTANT will procure and maintain comprehensive automobile liability insurance covering all Owned, Non-Owner, and Hired Vehicles with minimum limits as follows: Bodily Injury & Property Damage Liability (Combined Single Limit) $1,000,000 Each Occurrence 500,000 each occurrence Further, a Commercial General Liability comprehensive general liability policy shall be procured and maintained by the CONSULTANT that shall be written in a comprehensive form and shall protect CONSULTANT and OWNER against all claims arising from injuries to persons (other than CONSULTANT'S employees), ) or damage to property of the OWNER or third parties or other liability or loss others arising out of any negligent act or error or omission of CONSULTANT, its agents, officers, employees or subcontractors in the performance of the professional services under this Agreement. The liability limit shall not be less than $1,000,000.00 500,000.00 per occurrence for bodily injury, death, death and property damage and other liability or lossdamage. CONSULTANT Satisfactory Certificates of Insurance shall file satisfactory certificates of insurance be filed with the OWNER before the time CONSULTANT starts any work under this Agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the OWNER shall be given thirty (30) days’ days written notice by the insurance company before such policy is canceled. Liability and Automobile Liability policies and the Insurance Certificate must contain the following: K. CONSULTANT further agrees that this Agreement and any subcontracts for work required by this Agreement shall not be subject to arbitration and any clause relating to arbitration contained shall be null and void. L. X. To designate a Project Manager for the coordination of the work that this Agreement requires to be performed. The CONSULTANT agrees to advise the OWNER, in writing, of the person designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this Agreement. The CONSULTANT shall also advise the OWNER of any changes in the person designated Project Manager shall be the person identified for that role by CONSULTANT in its response for the Request for Proposals unless otherwise approved by OWNER, which approval shall not be unreasonably deniedManager. Written notification shall be provided to the OWNER for any changes exceeding one week in length of time. The designated Project Manager will SHALL coordinate all ALL aspects of this PROJECT Project through the OWNER'S Project Manager. Any requests from any other staff that would affect the PROJECT schedule MUST be approved by the OWNER'S Project Manager. No request from any party, including the Project Manager, shall affect the PROJECT’s identified not-to-exceed cost, unless approved in advance by the OWNER’s governing body.the

THE CONSULTANT AGREES. A. To provide the various technical and professional services, materials, equipment and transportation to perform the tasks as outlined in the EXHIBIT "A" – SCHEDULE AND SCOPE OF SERVICES. B. To attend meetings with the OWNER and other local stakeholders as necessitated by EXHIBIT “A.” C. To make available during regular office hours, all calculations, sketches, documents and drawings such as the OWNER may wish to examine periodically during performance of this Agreement. D. To the extent allowed by law, to indemnify, keep and save harmless the OWNER, its agents, officials and employees against all damages, suits, claims judgments, and losses that may result from the CONSULTANT’s or its agents’, officers’ or employees’ intentional or negligent acts, errors or omissions in connection with work performed under this Agreement arising from injury to persons, damage to property or other liability or loss. The CONSULTANT shall require all sub- consultants to indemnify, keep and save harmless the OWNER in the same manner as is required of the CONSULTANT in the Agreement. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by CONSULTANT and, where relevant to method of payment, to make such material available at its office at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement for inspection by the OWNER or his representatives. F. To comply with the requirements of the City of Wichita Mandatory Contractual Provisions Attachment EXHIBITS B and the City of Wichita Independent Contractor Addendum C, which are attached hereto as Exhibits B and C and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as hereinafter provided and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used, and services rendered in connection with such work and as outlined in EXHIBIT “A.” H. To X. Xx complete the services to be performed by CONSULTANT within a the time frame that is customary allotted in the attached schedule for this type of project the PROJECT jointly developed by OWNER and scope and as set forth in EXHIBIT A, CONSULTANT; EXCEPT that the CONSULTANT shall not be responsible or held liable for delays occasioned by the actions or inactions of the OWNER, or for other unavoidable delays beyond the control of the CONSULTANT. I. Covenants and represents to be responsible for the professional and technical accuracy and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the CONSULTANT under this Agreement. CONSULTANT further agrees, covenants and represents, that all designs, drawings, and other work or material furnished by CONSULTANT, its agents, employees and subcontractors under this Agreement, including any addition, alterations or amendments thereof, shall be free from negligent errors or omissions. The standard of care for all professional services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. OWNER shall not be responsible for discovering deficiencies in the technical accuracy of CONSULTANT’s services. CONSULTANT shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in OWNER-furnished information. J. X. CONSULTANT shall procure and maintain such insurance as will protect the CONSULTANT from damages resulting from the negligent acts and errors and omissions of the CONSULTANT, its officers and employees in the performance of the professional services rendered under this Agreement. Such professional liability policy of insurance shall be in an amount not less than $1,000,000 each claim and $1,000,000 annual aggregate1,000,000. In addition, CONSULTANT will procure and maintain a Workers’ Compensation and Employer's Liability Policy that covers claims for injury, disease or death of employees arising out of and in the course of their employment which, for any reason, may not fall within the provisions of the Workers’ Compensation Law. The liability limit shall be not less than: Workers’ Compensation to meet - Statutory Requirements Employer's Liability -$1,000,000 Each Accident - $1,000,000 Occupational Disease $2,000,000 Annual Aggregate In addition, CONSULTANT will procure and maintain comprehensive automobile liability insurance covering all Owned, Non-Owner, and Hired Vehicles with minimum limits as follows: Bodily Injury & Property Damage Liability (Combined Single Limit) $1,000,000 Each Occurrence each occurrence Further, a Commercial General Liability policy shall be procured and maintained by the CONSULTANT that shall be written in a comprehensive form and shall protect CONSULTANT and OWNER against all claims arising from injuries to persons (other than CONSULTANT'S employees), damage to property of the OWNER or third parties or other liability or loss arising out of any negligent act or error or omission of CONSULTANT, its agents, officers, employees or subcontractors in the performance of the services under this Agreement. The liability limit shall not be less than $1,000,000.00 per occurrence for bodily injury, death, property damage and other liability or loss. CONSULTANT shall file satisfactory certificates of insurance with the OWNER before the time CONSULTANT starts any work under this Agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the OWNER shall be given thirty (30) days’ written notice by the insurance company before such policy is canceled. Liability and Automobile Liability policies and the Insurance Certificate must contain the following:. K. X. CONSULTANT further agrees that this Agreement and any subcontracts for work required by this Agreement shall not be subject to arbitration and any clause relating to arbitration contained shall be null and void. L. To designate a Project Manager for the coordination of the work that this Agreement requires to be performed. The CONSULTANT agrees to advise the OWNER, in writing, of the person designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this Agreement. The designated Project Manager shall be the person identified for that role by CONSULTANT in its response for the Request for Proposals unless otherwise approved by OWNER, which approval shall not be unreasonably denied. Written notification shall be provided to the OWNER for any changes exceeding one week in length of time. The designated Project Manager will coordinate all aspects of this PROJECT through the OWNER'S Project Manager. Any requests from any other staff that would affect the PROJECT schedule MUST be approved by the OWNER'S Project Manager. No request from any party, including the Project Manager, shall affect the PROJECT’s identified not-to-exceed cost, unless approved in advance by the OWNER’s governing body.