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the term of this Agreement. Contractor represents that it has the professional and technical <br />personnel required to perform the Services in conformance with such conditions. In order to <br />facilitate Contractor's conformance with the obligations hereunder, City shall respond to <br />Contractor's submittals in a prompt manner. <br />3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall <br />be subject to the approval of City, whose approval shall not be unreasonably withheld. <br />3.2.4 City's Representative. The City hereby designates the Director of Public Works, or <br />their designee, to act as its representative in all matters pertaining to the administration and <br />performance of this Agreement ("City's Representative"). City's Representative shall have the <br />power to act on behalf of the City for review and approval of all products submitted by <br />Contractor but not the authority to enlarge the Scope of Work or change the total compensation <br />due to Contractor under this Agreement. The City's City Manager shall be authorized to act on <br />City's behalf and to execute all necessary documents which enlarge the Scope of Work or <br />change the Contractor's total compensation, subject to the provisions contained in Sections 3.1 <br />and 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other <br />than the City Manager, City's Representative or their designee. <br />3.2.5 Contractor's Representative. Contractor hereby designates the Division Vice <br />President, or their designee, to act as its representative for the performance of this Agreement <br />("Contractor's Representative"). Contractor's Representative shall have full authority to <br />represent and act on behalf of the Contractor for all purposes under this Agreement. The <br />Contractor's Representative shall supervise and direct the Services, using their best skill and <br />attention, procedures and for the satisfactory coordination of all portions of the Services under <br />this Agreement. <br />3.2.6 Coordination of Services. City and Contractor agree to work closely with each <br />other in Contractor's performance of Services and shall be available to each other at all <br />reasonable times. <br />3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all <br />Services under this Agreement in a skillful and competent manner, consistent with the <br />standards generally recognized as being employed by contractors and/or professionals in the <br />same discipline in the State of California. Contractor represents and maintains that it is skilled in <br />the discipline necessary to perform the Services. Contractor warrants that all employees and <br />subcontractors shall have sufficient skill and experience to perform the Services assigned to <br />them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, <br />permits, qualifications and approvals of whatever nature that are legally required to perform the <br />Services, and that such licenses and approvals shall be maintained throughout the term of this <br />Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall <br />perform, at its own cost and expense and without reimbursement from the City, any services <br />necessary to correct errors or omissions to the extent caused by the Contractor's failure to <br />comply with the standard of care provided for herein. Any employee of the Contractor or its sub- <br />contractors who is determined by the City to be uncooperative, incompetent, a threat to the <br />adequate or timely completion of the Project, a threat to the safety of persons or property, or <br />any employee who fails or refuses to perform the Services in a manner acceptable to the City, <br />shall be promptly removed from the Project by the Contractor and shall not be re-employed to <br />perform any of the Services or to work on the Project. <br />Page 3 of 13 <br />