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<br /> • 1.7 During the performance of the Agreement, BRW shall not unlawfully discriminate against any employee or
<br /> applicant for employment because of race, color, creed, religion, sex, national origin, disability, age, marital
<br /> status or public assistance status. Such action shall include, but not be limited to the following: employment,
<br /> upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
<br /> other forms of compensation; and selection for training, including apprenticeship. BRW agrees to post in
<br /> conspicuous places, available to employees and applicants for employment notices which set for the provisions of
<br /> this non-discrimination clause.
<br /> BRW will, in all solicitations or advertisements for employees place by or on behalf of BRW, state that all
<br /> qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex,
<br /> national origin, disability, marital status, or public assistance status.
<br /> BRW shall comply with any applicable Federal or State laws regarding non-discrimination.
<br /> 1.8 NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AT COMMON LAW OR CREATED BY
<br /> STATUTE, IS EXTENDED, MADE OR INTENDED BY THE PROVISION OF PROFESSIONAL SERVICES -
<br /> AND ADVICE OR BY THE FURNISHING OF THE PROFESSIONAL WORK PRODUCTS PURSUANT TO
<br /> THIS AGREEMENT.
<br /> 1.9 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the
<br /> means and methods of their work, including job site safety. We will not be responsible for the failure of your
<br /> contractors to perform in accordance with their undertakings, and the providing of our Services shall not relieve
<br /> others of their responsibility to you or to others. f
<br /> i.
<br /> 1.10 The Project shall be completed within twelve months of the effective date of this Agreement, as further j
<br /> • described in Exhibit D "Schedule". If the scope of work changes, BRW will give timely notice of the change
<br /> and receive an equitable adjustment of compensation.
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<br /> 1.11 The standard of care for all professional seryices performed or furnished by BRW under this Agreement will be the
<br /> care and skill ordinarily used by members of BRW's profession practicing under similar conditions at the same time and in
<br /> the same locality. BRW shall comply with all applicable federal, state and local laws and regulations in the performance of
<br /> -its Services under this Agreement. if BRW believes that compliance with the City's directions could violate applicable
<br /> professional standards or ethics, or applicable governmental laws or regulations. then BRW shall so notify City in writing.
<br /> SECTION 2: CITY'S RESPONSIBILITIES
<br /> 2.1 City agrees to provide BRW with all known information, conditions, standards, criteria and objectives
<br /> which affect the Services, and BRW shall be able to rely on the accuracy of such information.
<br /> 2.2 City agrees to provide BRW with access to the site, if necessary to complete BRW's Services.
<br /> 2.3 City will examine all studies, reports, sketches, drafts or other documents prepared by BRW for City's
<br /> review in a timely manner, and generally render decisions and provide information in such a manner as to
<br /> prevent delay of the Services. City understands that such delays may result in increased costs to BRW. In this
<br /> event, the parties will review and possibly renegotiate the Project Fees.
<br /> SECTION 3: DOCUMENTS AND REPORTS
<br /> 3.1 Documents, diagrams, sketches, surveys, computer files, working drawings, and any other materials created
<br /> or prepared by BRW as part of its performance of this Agreement (the "Work Products") are instruments of
<br /> • BRW's service. Upon City's acceptance of the Work Products, they shall become the property of the City.
<br /> STANCONT.WPD Rev. September 30, 1996
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