Res 2010-155 - Laserfiche WebLink

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ARTICLE 5 ENGINEER'S RECORDS 5.1 The Engineer will keep all of its expense records in a recognized accounting format acceptable to the City and these records will be available to the City at mutually convenient times. 5.2 The City, its auditors, federal auditors, and state agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Engineer which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. 5.3 The Engineer will furnish to the City at such time and in such form as the City may require, financial statements including audited financial statements, records, reports, data and information, as the City may request pertaining to the matters covered by this Agreement. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 All documents prepared by Engineer in connection with this Agreement are the property of the City whether any project related to this Agreement is executed or not. The City agrees such documents are not intended or represented to be suitable for reuse for another project by the City or others. Any such reuse by the City or those who obtained said documents from the City without written verification or adaptation by the Engineer will be without liability or legal exposure to the Engineer. 6.2 The Engineer will retain all of its records and supporting documentation related to this Agreement, and not delivered to the City, for a period of three years except in the event that the Engineer goes out of business during that period, it will turn over, to the City, all of its records relating to the Project for retention by the City. ARTICLE 7 TERM; TERMINATION OF AGREEMENT 7.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and will end upon the Engineer's completion, and the City's acceptance of all services described in this Agreement unless this Agreement is terminated under Sections 7.2 or 7.3 below. The Project must be completed in 263 calendar days from the date of execution of this Agreement. The Consultant must receive written approval from the City prior to undertaking any work on weekends. The Consultant may request an increase in time for completion of the Project based on the occurrence of force majeure events outside of the Consultant's control. If the Consultant requests and extension of time based on adverse weather conditions, the Consultant will submit data from the National Weather Service for San Marcos that supports the assertion that the occurrence could not have been anticipated and had an Burgess and Niple, Inc. Engineering Services Agreement 15