Res 2002-195 - Laserfiche WebLink

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ARTICLE 7 OWNERSHIP AND USE OF DOCUMENTS 7.1 All documents prepared by Engineer in connection with this Agreement will become the property of the City whether any project related to this Agreement is executed or not. City agrees such documents are not intended or represented to be suitable for reuse for another project by City or others. Any such reuse by City or those who obtained said documents from the City without written verification or adaptation by the Engineer will be at City's sole risk and without liability or legal exposure to the Engineer. 7.2 The Engineer will retain all of its records and supporting documentation relating 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 8 TERM OF AGREEMENT 8.1 The term of this Agreement begins upon its execution by both parties, 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 8.2 or 8.3 below. The Engineer will complete Phase 1 of this Agreement within eight weeks after the effective date of this Agreement. The Engineer will deli ver the 50% complete documents within eight weeks after the City's approval of the preliminary design. The Engineer will deliver the 90% complete documents within eight weeks of receiving City review comments to the 50% submittal. The Engineer will deliver the final construction documents, addressing final City review comments, within two weeks of receipt of the final City review comments. Allowing two weeks for each the 50% and 90% City review, the Engineer will complete and deliver the final documents approximately 22 weeks after the City's approval of the preliminaI)' design. Completion of the bid and construction phase will be concurrent with the bidding and construction Contract time period. The Engineer anticipates that the bid phase will require 2-3 months and the construction contract will require approximately 12 months from the date of issuance of the notice to proceed due to equipment delivery requirements. 8.2 This Agreement may be terminated by either party upon 15 days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.3 This Agreement may be terminated at will by the City upon at least 15 days prior written notice to the Engineer. 8.4 In the event of termination as provided in this Article, the Engineer will be compensated for all services performed to termination date which are deemed by the City to be in accordance with this Agreement. This amount will be paid by the City upon the Engineer's delivering to the City all information and materials developed or accumulated by the Engineer in performing the services 13