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Res 2015-010/agreement between the City and Freese and Nichols, Inc. for the provision of Professional Engineering Services in connection with The Hopkins Street: Bishop to Moore Improvements Project
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Res 2015-010/agreement between the City and Freese and Nichols, Inc. for the provision of Professional Engineering Services in connection with The Hopkins Street: Bishop to Moore Improvements Project
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3/30/2015 10:34:08 AM
Creation date
2/13/2015 12:49:03 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-10
Date
2/3/2015
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ARTICLE 4 <br />ENGINEER'S RECORDS <br />A. The Engineer will keep all of its expense records in a recognized accounting format <br />acceptable to the City and these records will be available to the City at mutually convenient times. <br />B. The City, its auditors, federal auditors, and state agencies that have monitoring or auditing <br />responsibilities for this Agreement will have access to any books, documents, papers and records <br />of the Engineer which are directly pertinent to this Agreement for the purpose of making audit, <br />examination, excerpts, copying and transcriptions. <br />C. The Engineer will furnish to the City documents related to the Project, including but not <br />limited to correspondence, drafts, calculations, sealed plans and specifications and, at such time <br />and in such form as the City may require, financial statements including audited financial <br />statements, records, reports, data and information, as the City may request pertaining to the matters <br />covered by this Agreement. <br />ARTICLE 5 <br />OWNERSHIP AND USE OF DOCUMENTS <br />A. All documents prepared by the Engineer in connection with this Agreement are the <br />property of the City whether any project related to this Agreement is executed or not. The City <br />agrees that the Engineer's sealed plans and specifications are not intended or represented to be <br />suitable for reuse for another project by the City or others. Any such reuse by the City or those <br />who obtained said documents from the City without written verification or adaptation by the <br />Engineer will be without liability or legal exposure to the Engineer. <br />B. The Engineer will retain all of its records and supporting documentation relating to this <br />Agreement, and not delivered to the City, for a period of three years except in the event that the <br />Engineer goes out of business during that period, it will turn over, to the City, all of its records <br />relating to the Project for retention by the City. <br />ARTICLE 6 <br />TERMINATION OF AGREEMENT <br />A. The City may terminate this Agreement for convenience and without cause upon at least <br />thirty (30) calendar days prior written notice to the Engineer. <br />B. Upon the Engineer's receipt of any such notice of termination under this Article 5, it will <br />cease work as directed in writing by the City. The City will compensate the Engineer for all <br />services performed up to the date of the notice of termination, which are deemed by the City to be <br />in accordance with this Agreement. The City will pay this amount upon the Engineer's delivering <br />to the City all information and materials developed or accumulated by the Engineer in performing <br />the services described in this Agreement, whether completed or in progress. The expense of <br />3 <br />
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