3. STANDARD OF CARE. Service Provider shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Service Provider warrants that all work shall be performed with the degree
of professional skill, care, diligence, and sound practices and judgment that are normally
exercised by recognized professional firms with respect to services of a similar nature. It shall
be the duty of Service Provider to assure at its own expense that all work is technically
sound and in conformance with all applicable federal, state, and local laws, statutes,
regulations, ordinances, orders, or other requirements. In addition to all other rights which the
City may have, Service Provider shall, at its own expense and without additional
compensation, re-perform work to correct or revise any deficiencies, omissions, or errors in
the work or the product of the work or which result from Service Provider's failure to perform
in accordance with this standard of care. Any approval by the City of any products or services
furnished or used by Service Provider shall not in any way relieve Service Provider of the
responsibility for professional and technical accuracy and adequacy of its work. City review,
approval, or acceptance of, or payment for any of Service Provider's work under this contract
shall not operate as a waiver of any of the City's rights or causes of action under this contract,
and Service Provider shall be and remain liable in accordance with the terms of the contract and
applicable law.
Service Provider shall furnish competent and skilled personnel to perform the work under this
contract. The City reserves the right to approve key personnel assigned by Service Provider to
perform work under this contract. Approved key personnel shall not be taken off of the project
by Service Provider without the prior written approval of the City, except in the event of
termination of employment. Service Provider shall, if requested to do so by the City, remove
from the job any personnel whom the City determines to be incompetent, dishonest, or
uncooperative.
4. CITY REPRESENTATIVE. The City may designate a City representative for this
contract. If designated, all notices, project materials, requests by Service Provider, and any
other communication about the contract shall be addressed or be delivered to the City
Representative.
5.. CHANGES TO SCOPE OF WORK. The City may, at any time, by written order,
make changes to the general scope, character, or cost of this contract and in the services or
work to be performed, either increasing or decreasing the scope, character, or cost of Service
Provider's performance under the contract. Service Provider shall provide to the City within
10 calendar days, a written proposal for accomplishing the change. The proposal for a change
shall provide enough detail, including personnel hours for each sub-task and cost breakdowns
of tasks, for the City to be able to adequately analyze the proposal. The City will then
determine in writing if Service Provider should proceed with any or all of the proposed change.
If the change causes an increase or a decrease in Service Provider's cost or time required for
performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Service Provider for adjustment
under -this clause shall be asserted in writing within 30 days of the date the City notified
Service Provider of the change.
When Service Provider seeks changes, Service Provider shall, before any work commences,
estimate their effect on the cost of the contract and on its schedule and notify the City in writing
of the estimate. The proposal for a change shall provide enough detail, including
personnel hours for each sub-task and cost breakdowns of tasks, for the City to be able to
adequately analyze the proposal. The City will then determine in writing if Service Provider
pShoyild proceed with any or all of the proposed change.
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