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12. Standard Contract Provisions. In this contract between the City and/or an Architect or <br />Engineer, Subsection 8.2 of the City's Standard Contract provisions is amended as it <br />applies to violations by Contractor of the Americans with Disabilities Act. Except as <br />amended by this Section, Contractor shall comply with City's Standard Contract <br />Provisions, a copy of which is attached hereto as Exhibit A, including remaining provisions <br />of Section 8. <br />12.1 With regard to claims, actions, liabilities and costs, including costs of defense <br />(claims), arising out of or in any way related to any act or failure to act by Contractor <br />prohibited by the Americans With Disabilities Act, the requirements of Section 8.2 of <br />the City's Standard Contract Provisions shall apply only to such claims related to the <br />business operations of Contractor and not to the professional services of Contractor <br />to be provided under this contract, including design or removal of barriers to <br />accessibility at the identified project buildings or other properties which may become <br />part of the work of this project. <br />12.2 City and Contractor agree that any communications for individuals with disabilities or <br />the provision of accessible meeting rooms in the facilities required by the ADA shall <br />be provided by the City or compensated as Additional Services. <br />13. Compliance with Laws. Contractor shall comply with all applicable Federal, State and <br />local laws, rules, ordinances and regulations at all times and in the performance of the <br />Work. <br />14. Ownership of Work Product. All work products of the Contractor which result from this <br />contract shall be the exclusive property of City and shall be delivered to City upon <br />completion of the Work or the termination of this contract. Contractor may retain copies of <br />any work product. <br />15. Notices. Any notices permitted or required by this contract shall be deemed given when <br />personally delivered or upon deposit in the United States mail, postage fully prepaid, <br />certified, return receipt requested, addressed to: <br />Contractor: Eric Gunderson, Principal <br />WBGS Architecture & Planning, PC <br />72 West Broadway <br />Eugene, Oregon, 97401 <br />City: Russell Mecredy, Project Manager <br />Central Services, Facility Management <br />210 Cheshire Ave. <br />Eugene, Oregon 97401 <br />or such other address as either party may provide to the other by notice given in <br />accordance with this provision. <br />16. Attorney Fees. In the event of any action to enforce or interpret this contract, the <br />prevailing party shall be entitled to recover from the losing party reasonable attorney fees <br />incurred in the proceeding, as set by the court, at trial, on appeal or upon review. <br />Personal Services Contract-Page 5 <br />(Revised December 1997) <br />