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HomeMy WebLinkAboutReso 91-394 - Approve & Authorize the mayor to sign agreement between the COR and Professional associated Consulting Eng. Inc (DBA Pace Engineering) to prepare a sewer master plan for Stillwater Service Area RESOLUTION NO. 91-394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT BETWEEN THE CITY OF REDDING AND PROFESSIONAL ASSOCIATED CONSULTING ENGINEERS, INC. (DBA PACE ENGINEERING) , NOT TO EXCEED $46,000.00, TO PREPARE A SEWER MASTER PLAN FOR THE STILLWATER SERVICE AREA. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the above-mentioned Agreement between the City of Redding and Professional Associated Consulting Engineers, Inc. (dba Pace Engineering) , not to exceed $46,000 .00 , a true copy of which is attached hereto and incorporated herein by reference; plus a contingency fund of $5,000 . 00 . 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding; and the City Clerk is hereby authorized . and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 3rd day of September, 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: mess, Buffum, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None /ie' z MIKE DAHL, Mayor City of Redding ATTEST: , FORM PROVED: ETHEL A. NICHOLS, City Clerk RA#DALL A. HAYS, 16ity Attorney AGREEMENT THIS AGREEMENT, made and entered into this day of , 1991, by and between CITY OF REDDING, Redding, California, hereinafter referred to as the CLIENT; and Professional Associated Consulting Engineers, Inc. , (dba PACE Engineering) of 1730 South Street, Redding, California, herein- after referred to as the ENGINEER. WITNESSETH THAT WHEREAS, the CLIENT requires additional engineering services for the master planning of improvements to its sewage collection system in the Stillwater Service Area. AND WHEREAS, the ENGINEER is duly licensed as a registered Professional Engineer in the State of California and is qualified and experienced to provide such engineering services, and has previously prepared a study for the City in 1987 on the entire existing sewer system. NOW, THEREFORE, the CLIENT and the ENGINEER for the consideration hereinafter named, agree as follows: ARTICLE I: ENGINEER'S SERVICES The ENGINEER shall perform those services which are described in the PACE letter dated July 12, 1991 and the attached WORK PLAN, Parts 1 and 2 , a copy of each of which is attached hereto as EXHIBIT "A" and incorporated herein by this reference. ARTICLE II: ENGINEER'S FEE For services performed the ENGINEER shall be compensated on the basis of the rates established in the STANDARD CHARGES FOR PROFESSIONAL SERVICES, effective through December 31, 1991, a copy of which is attached hereto to EXHIBIT "B" and incorporated herein by this reference. The standard charges may not change except as a result of annual salary increases or decreases. The maximum fee shall not exceed an amount of $46, 000, unless prior authorization is given for work in excess of that defined in the WORK PLAN, EXHIBIT "A". ARTICLE III: PAYMENT FOR SERVICES For services performed on a time and expense basis, the CLIENT agrees that he shall pay for the services performed by the ENGINEER as the work progresses, based upon work completed. Invoices shall be submitted by the ENGINEER at the beginning of each month for services performed during the previous month. Payment will be due upon receipt of invoices and shall be made within a period of 30 days following receipt of invoices. ARTICLE IV: COMPLETION OF SERVICES The ENGINEER agrees that he will complete a draft report within a time period of 147 calendar days beginning with a Notice to Proceed. The final report will be completed within 31 days thereafter, providing the CLIENT completes its review within 10 days. It is agreed between the parties to this AGREEMENT that the ENGINEER cannot be responsible for delays occasioned by factors beyond his control, nor by factors which could not reasonably have been foreseen at the time the AGREEMENT was prepared. ARTICLE V: ENGINEER'S RESPONSIBILITY The ENGINEER agrees that his services shall be performed in accordance with generally accepted engineering practices, but makes no other warranty either expressed or implied. The parties agree that estimated construction cost figures furnished in the master plan by the ENGINEER are estimates only and the ENGINEER is not responsible for fluctuations in cost factors. ARTICLE VI: CONTRACT AND CONTRACT PROVISIONS This AGREEMENT shall include the City of Redding "General Provisions" attached as EXHIBIT "C. " The term consultant in that document shall refer to PACE Engineering. IN WITNESS WHEREOF, the parties hereto have hereunto executed this AGREEMENT the day and year first above written. CITY OF RE G APPRO D AS O F A torn PACE NGINEERING ATTESTED: Q BY OMA �� Q• _ M aging ngin er Secretary WP-F/RDG.AGR EXHIBIT "A" • Page 1 of 10 WORK PLAN ENGINEERING SERVICES FOR THE SEWER MASTER PLAN STILLWATER SERVICE AREA FOR CITY OF REDDING 760 PARKVIEW AVENUE REDDING CA 96001 BY PACE ENGINEERING 1730 SOUTH STREET REDDING CA 96001 JULY 12 1991 EXHIBIT "A" Page 2 of 10 Protessioo 0 ACE Associated Consulting ENGINEERING Fj%g'neBrs Incorporated July 12, 1991 0. 04 Mr. Bob Russell Superintendent of Public Works City of Redding 760 Parkview Avenue Redding, CA 96001 Dear Mr. Russell: Subject: Engineering Services for the Sewer Master Plan - Stillwater Service Area Pursuant to your request, we have prepared a work plan for the development of a Sewer Master Plan for the area within the portion of the Stillwater Drainage Basin that lays within the current City of Redding LAFCO Sphere of Influence. As you know, PACE has performed very similar studies throughout the north state including the 1987 Master Sewer Plan for Redding, as well as master sewer plans for the Weaverville Sanitary District and the Cities of Anderson and Weed. A list of references is included at the end of this proposal. We would not restudy the Clover Creek sewer system, lying between the previously studied 1987 Sewer Plan Area and the unstudied Stillwater area, but would include it in the sewer planning maps of this area to provide a more complete picture of all the sewers tributary to the new Stillwater Plant. The service area would be subdivided into sub-areas based on land use, topography and the LAFCO boundary. Each sub-area would have its existing and ultimate household equivalents identified in tabular form. Previously established estimates of growth and HE 's in each service area would be reviewed and revised where applicable to match the current general plan. Each main sewer serving the sub-areas would be included in the master plan and would be sized based on the accumulation of the ultimate equivalent household units, using appropriate sewage flows and peaking factors for that reach, plus estimated I&I flows, and use of either minimum or obtainable sewer slopes. Costs would be emphasized for major facilities needed in the next 10-year period, and these costs would be prioritized into a year- by-year staged construction program. 1730 SOUTH STREET • REDOING, CA 96001 • (916) 244-0202 EXHIBIT "A" Page 3 of 10 Mr. Bob Russell July 12, 1991 Page 2 0. 04 Enclosed are Parts 1 and 2 of the work plan. Part 1 consists of a detailed breakdown of staffing requirements for each major task in the project. The staffing requirements developed in Part 1 are summarized below: PACE Engineering Man-Days Managing Engineer (LGK) 5 Principal Engineer (SLS) 26 Staff Engineer (TWW) 28.5 Draftsman/Technician 14.5 Steno 11 Part 2 of the work plan consists of a cost breakdown for the PACE Engineering effort. The total estimated cost is in the amount of $45,439. . The maximum amount will not exceed $46, 000. This includes outside services for photography, reproduction, and an allowance for contingencies. PACE Engineering is prepared to enter into a contract with the City of Redding to do this work on an hourly charge-out basis (per diem) and further will agree that the cost will not exceed the maximum amount for the work and the outside services as defined herein. Enclosed is a listing of our standard list of charges for 1991. As shown on the attached Schedule of Work, we propose to submit the Draft Report by December 31, 1991 and the Final Report by January 31, 1992 . We propose that I, Sam Smith, Principal Engineer of PACE, will act as Project Manager for the study. Enclosed is a resume of my experience. Of special interest to you is that I acted as Project Manager on the 1987 Master Sewer Plan for Redding. Because of this, I am quite familiar with the Redding sewer system. Mr. Larry Kepple would act as a consultant and would provide backup for me. A resume of Mr. Kepple is also enclosed. I will be pleased to meet with you or other City representatives at your convenience to discuss any aspects of the work plan. We are prepared to proceed with the study immediately following execution of an Engineering Agreement. Very truly yours, Samuel L. Smith WP-E/SLS/kbu Principal Engineer enclosures . EXHIBIT "A" Page 4 of 10 LIST OF REFERENCES PACE has performed very similar studies throughout the north state and we suggest that you contact some of the partial list of references given below for their assessment of our performance. Tyne of Study Client and Reference Master Water & Sewer Plans City of Anderson Gary Lighthall, Public Works Director, 916/378-6636 Shastina Sewer Study City of Weed Arthur Scibelli, City Administrator, 916/938-3286 Master Water and Sewer Plan City of Redding Bob Galusha, Public Works Director, 916/225-4170 Master Sewer Plan Weaverville Sanitary District Bob Thompson, Manager 916/623-6529 EXHIBIT "A" Page 5 of 10 PART . l OF WORK PLAN DETAILED TASK STAFFING BREAKDOWN SEWER MASTER PLAN - STILLWATER SERVICE AREA Task PACE Engineering No. Task Description Staff Man-Days 1 Initial coordination meetings LGK 1/2 to review facilities in SLS 1/2 system and discuss mapping. Meetings, consultations, LGK 1/2 and miscellaneous. SLS 2 TWW 2 Draftsman 1 Steno 1 Mapping and Photography SLS 1 Coordination Supervision LGK 1/2 SLS 1 2 Review work plan approach, Kepple-LGK 1/2 existing sewer system, (Mgr.Eng. ) records, I&I information, Smith-SLS 1 and previous sewer reports. (Proj .Mgr. ) Review Clover Creek Trunk SLS 1/2 and related facilities. Review 1987 Master Plan for SLS 1/2 interfacing. Research and compilation of SLS 1/2 basic design criteria. Review existing service sub- SLS 1/2 areas boundaries in Clover Warnock-TWW 1/2 Creek and Upper Churn Creek (Assoc.Eng. ) versus existing sewer system and topography on maps to be used for planning. 3 Develop new Stillwater service SLS 1-1/2 sub-areas on existing 1"=800 ' TWW 1 sewer maps to be used for planning and in report for interface with Clover Creek boundary. Coordinate with Planning Dept. SLS 1/4 and assign ultimate HEs to TWW 1/4 each service area. EXHIBIT "A" Page 6 of 10 Task PACE Engineering No. Task Description Staff Man-Days Determine (planimeter) acreages SLS 1/4 of each new service areas, and TWW 1/4 useable property within each Technician 2 land use definition. Determine which sewers will SLS 1/2 be evaluated in computer model. TWW 1/2 4 Prepare service area tabulation SLS 1/2 for existing, 2001 and ultimate. TWW 2 Consider alternative sewer SLS 1 routes. TWW 1 Assign manhole or point SLS 1/2 numbers to all desired points TWW 2 on sewer reaches in model and tabulate size, type, Manning N, length, slope of assumed hydraulic grade line, surface, condition, or other cost factors. Prepare sewer service area SLS 1/2 tabulation for ultimate TWW 1-1/2 condition on computer using PACE program. Include runs for any feasible alternatives. 5 Evaluate output from computer SLS 1/2 model of system. TWW 1 Evaluate costs for ultimate SLS 1 conditions. TWW 1-1/2 Evaluate alternatives for LGK 1/2 staging. SLS 1 6 General planning for master LGK 1 plan. SLS 1-1/2 TWW 2 Prepare mark-up of master SLS 1 plan sewer map (an overlay TWW 1 over existing 800-scale sewer maps) . Prepare markups of other SLS 1 figures to be included in TWW 2 report, including service area maps, population pro- jections, capacity diagrams for major pump stations. SEXHIBIT "A" Page 7 of 10 Task PACE Engineering No. Task Description Staff Man-Days Draft existing sewer system SLS 1/2 tributary to Stillwater on Draftsman 4 1"=800 ' scale overlays (and Twin View/Churn proposed sewers) . Estimate approximate staging LGK 1/2 time for expansion of the SLS 1 Stillwater Treatment Plant from 4. 0 MGD to 8.0 MGD to 12 MGD. Inflate existing City cost estimates for plant expansions. Draft master plan overlays, SLS 1/2 service area map overlay, TWW 1/2 for new areas. Draftsman 6 Prepare cost estimates. SLS 1 TWW 1 Prepare draft report. SLS 2 TWW 6 7 Review draft report and LGK 1 figures. SLS 1 8 Complete and review final SLS 1 report. TWW 1 Complete, review, and SLS 1/2 coordinate final figures. TWW 1 Draftsman 1-1/2 Report typing (draft and Steno 7 final) . Reproduction (30 copies) . TWW 1/2 Steno 3 SUMMARY LGK 5 SLS 26 TWW 28-1/2 Draftsman/ 14-1/2 Technician Steno 11 EXHIBIT "A" Page 8 of 10 PART 2 OF WORK PLAN PACE ENGINEERING EFFORT SEWER MASTER PLAN - STILLWATER SERVICE AREA LABOR Man-Days Rate/Hour Total Managing Engineer (LGR) 5 $88 $ 3,520 Principal Engineer (SIS) 26 $80 16, 640 Associate Engineer (TWW) E-3 28.5 $59 13 , 452 Draftsman/Technican (T-3) 14 .5 $47 5,452 Steno (S-2) 11 $30 2 , 640 $ 41,704 EXPENSES Incidental Expenses at 5 percent $ 2, 085 OUTSIDE SERVICES Photographic Services (Plates 1, 2 & 3) $ 1, 150 Reproduction Colored Overlay (Plates 1, 2 & 3) 500 $ 1, 650 Total Estimated Cost $ 45, 439 MAXIMUM FEE $ 46 , 000 EXHIBIT "A" Page 9 of 10 S C N E D U L E O F W 0 R K SEWER MASTER PLAN - STILLWATER SERVICE AREA TASK - - - - -1991 - - - - - - - 1992 - - - N0. SEPT OCT MOV DEC JAN FEB MAR 1 INITIAL COORDINATION MEETINGS, XXXXXXX CONSULTATIONS AND SUPERVISION 2 REVIEW OF EXISTING INFORMATION, RESEARCH XXXX AND COMPLETE BASIC DESIGN CRITERIA I 3 DEVELOP NEW STILLWATER SERVICE SUB-AREAS XXXXXXXXXXXXXX ASSIGN ULTIMATE HE's, AND DETERMINE SEWERS TO BE EVALUATED 4 PREPARE SERVICE AREA TABULATIONS, CONSIDER XXXXXXXXXXXXX SEWER ROUTES AND MAKE COMPUTER RUNS FOR ANY FEASIBLE ALTERNATIVES iI 5 EVALUATE COMPUTER MODEL OUTPUT, COSTS AND XXXXXXXXX ALTERNATIVES FOR STAGING 6 CONDUCT GENERAL PLANNING FOR MASTER PLAN. XXXXXXXXXXXXXXXXXX PREPARE MASTER PLAN MAPS AND FIGURES AND PREPARE DRAFT REPORT SUBMIT DRAFT REPORT I X XX 7 REVIEW DRAFT REPORT AND FIGURES XXX 8 REVIEW AND COMPLETE FINAL REPORT. REPRODUCE 30 COPIES OF FINAL REPORT. SUBMIT FINAL REPORT I I X EXHIBIT "A 1987 MASTER SEWER PLAN Page 10 of 10 1991 UPDATE STILLWATER WASTE WATER SERVICE AREA STUDY AREA BOUNDARY •NwweuNN• i � f i BOUNDAW 1 BOUNDARY i : • i : i • s • : / cr I i.Ur BOUNDARY (1891) Z 0 t0 20 w s is 20 AFFAM SCALE*a e91 OWAffrW i CF MAL C WCMM FELD CrIPAl K Professio Associate PACE;rConsuiting EXHIBIT ' B' ENGINEERING Engineers Incorporated STANDARD CHARGES FOR PROFESSIONAL SERVICES Effective through December 31, 1991 LABOR Title/Rating Hourly Charge Managing Engineer (E-7) . . . . . . . . . . . . . $88.00 Principal Engineer (E-6) . . . . . . . . . . . $80.00 Senior Engineer (E-5) . . . . . . . . . . . . . $71.00 Associate Engineer (E-4) . . . . . . . . . . . $65.00 Staff Engineer/Grade 3 (E-3) . . . . . . . . . . . . . $59.00 Staff Engineer/Grade 2 (E-2) . . . . . . . . . . . . . $54.00 Staff Engineer/Grade 1 (E-1) . . . . . . . . . . . $48.00 Technician 4 - Draftsman/Eng. Tech./Constr. Observer $53.00 Technician 3 - Draftsman/Eng. Tech./Constr. Observer $47.00 Technician 2 - Draftsman/Eng. Tech./Constr. Observer $41. 00 Technician 1 - Draftsman/Engineering Aide . . . . . . . $36.00 Word Processor/Administrative Secretary (Grade 3) . . . $33.00 Word Processor/Administrative Secretary (Grade 2) . . . $30.00 Word Processor/Administrative Secretary (Grade 1) . . . $27.00 Clerk/Typist . . . . . . . . . . . . . . . . . . . . . $21.00 Three-Man Survey Party . . . . . . . . . . . . . . . . $125.00 * Two-Man Survey Party . . . . . . . . . . . . . . . . . $93 .00 * Survey Supervisor-Licensed Land Surveyor . . . . . . . $57.00 Welding and Structural Steel Fabrication Const. Obs. $60.00 Soils Technician Including Nuclear Gauge . . . . . . . $58.00 EXPENSES Incidental Expenses**: Charge will be 51 of labor fee (plus any separately identified major expenses) Meals and Lodging: At cost (out-of-town and overnight work only) Air Transportation: At cost Vehicle Transportation: Included in 5% allowance for incidental expenses unless specifically indicated otherwise in Agreement. Hourly labor rates are applicable during travel to and from jobsite. Express Mail/Federal Express: At cost Outside Services & Fees: At cost plus 7% administrative fee Computers, Plotters and Electronic Distance Measuring Instruments: Included in incidental expense allowance. Rates during court appearances as expert witness will be 150% of standard rates. *When prevailing wages are required on public works projects and are greater than normal wages, survey field rates will be adjusted accordingly by adding additional salary costs plus 15% for overhead and profit. **Incidental expenses normally included in the 5% fee are as follows: vehicle transportation, long-distance telephone calls, FAX, normal mailing charges, printing and copying, photos, recording fees, incidental material purchases, stakes, pins, taxi and limousine fees, tips, and other similar incidental expenses related to the project. Vehicle mileage will be at $0.30 per mile if shown as a separate pay item in contract. WP-G 1730 SOUTH STREET 9 REDDING, CA 96001 • (916) 244-0202 9 FAX (916) 244-1978 EXHIBIT "C" • GENERAL PROVISIONS A. Contract and Contract Provisions The contract will be a written agreement between the consultant selected and the City setting forth scope of work, time line, payment schedules, City ownership of work, and cost of work. The contract will be fixed with a not-to-exceed amount unless a change order is approved in advance of additional work being performed. The contract shall include the following provisions: 1 . Compensation, method of payment, and decision points: Payment shall be based on work completed as noted in the section entitled "Payment" of the Request for Proposals. The contract amount shall be a not-to-exceed limit for the final price. 2. Changes: The City may, from time to time, request changes in the scope of the services of the consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the consultant's compensation, which are mutually agreed upon by and between the public body and the consultant, shall be incorporated in written amendments to this contract. 3. Termination of contract for cause: If, through any cause, consultant fails to fulfill in timely and proper manner its obligations under this contract, or if consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, the consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed. 4. Conflict of interest: The consultant agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. Consultant further agrees that, in the performance of the agreement, no person having any such interest shall be employed. 5. Assignability: The consultant shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City; provided, however, that claims for money due or to become due to the -I- consultant from the City under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval . Notice of any such assignment or transfer shall be furnished promptly to the City. 6. Personnel : The consultant represents that it has or will secure, at its own expense, all necessary personnel required to perform the services under this contract. Such personnel shall not be employees of or have any contractual relationship with agencies providing funds for the project. All of the services required hereinafter shall be performed by the consultant or under its supervision, and all personnel engaged in performing the services are fully qualified and shall be authorized or permitted under state and local law to perform such services. All professional personnel , including subcontractors engaged in performing services for the consultant under this contract, are indicated in a personnel listing contained within the consultant's proposal attached hereto and by reference incorporated herein. Except as hereinabove agreed, no other portion of the services, nor any right, title, or interest hereunder this contract shall be assigned, transferred, conveyed, or subcontracted without the prior written approval of the City. Any changes or substitutions in the consultant's personnel as set forth herein must be made known to the project director prior to execution and written approval granted by same before said change or substitution shall become effective. 7. Independent contractor: Consultant, in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the City by reason hereof, and that he will not be reason hereof make any claim, demand, or application to, or for any right or privilege applicable to an officer or employee of the City, including, but not limited to, workers' compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit. 8. Settlement of disputes--arbitration: a. All claims, disputes, and other matters in question between the City and the consultant arising out of, or relating to, and the contract documents or the breach thereof, except for claims that have been waived by the making or acceptance of final payment, may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the -2- American Arbitration Association then in effect if the parties mutually agree. No person other than the City or consultant shall be included as an original third party or additional third to an arbitration whose interest or responsibility is insubstantial . Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein. The foregoing agreement to arbitrate and any other agreement to arbitrate with an additional person or persons duly consented to be the parties to the City/consultant agreement shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. b. Notice of the demand for arbitration shall be filed i n writing with the other party to the City/consultant agreement and with the American Arbitration Association. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations. C. Unless otherwise agreed in writing, the consultant shall carry on the work and maintain its progress during any arbitration proceedings, and the City shall continue to make payments to the consultant in accordance with the contract documents. 9. Ownership, publication, reproduction, and use: All documents and materials prepared pursuant to this agreement are the property of the City. The City shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. Engineer shall be released from any liability associated with another project if City decides to use all or part of said documents on another project. 10. Verbal agreement or conversation: No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the consultant to any additional payment whatsoever under the terms of this contract. 11 . Indemnification: Consultant agrees to protect, defend, indemnify, and hold harmless -3- • • City, its officers, agents, and employees from and against any and all liability, damages, claims, suits, liens, and judgments, of whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons caused by consultant's negligence. Consultant's obligation to protect, defend, indemnify, and hold harmless, as set forth hereinabove, shall include any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or any actual or alleged violation of trade regulations. Consultant further agrees to protect, defend, indemnify, and hold harmless the City, its officers, agents and employees from and against any .and all claims, liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employee of consultant. rh/kr/187 -4-