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Res 2005-190
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Res 2005-190
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7/21/2006 2:59:06 PM
Creation date
7/21/2006 2:58:36 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-190
Date
12/14/2005
Volume Book
164
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<br />I <br /> <br />I <br /> <br />I <br /> <br />to the City and WIll be aVailable to the CIty at mutually convelllent tImes <br /> <br />6.2 The City, Its audItors, federal audItors, and state agenCIes that have mOllltonng or <br />audItmg responsibIlItIes for thIS Agreement WIll have access to any books, documents, papers <br />and records of the Engmeer WhICh are dnectly pertment to thIS Agreement for the purpose of <br />makmg audIt, exammatIOn, excerpts, copymg and transcnptIOns <br /> <br />6.3 The Engmeer wIll furnIsh to the CIty at such tIme and m such form as the CIty may <br />reqUIre, finanCIal statements mcludmg audIted finanCIal statements, records, reports, data and <br />mformatIOn, as the CIty may request pertammg to the matter covered by thIS Agreement. <br /> <br />ARTICLE 7 <br />OWNERSHIP AND USE OF DOCUMENTS <br /> <br />7 1 All documents prepared by Engmeer m connectIOn WIth thIS Agreement WIll become the <br />property of the CIty whether any proJect related to thIS Agreement IS executed or not. CIty agrees <br />such documents are not mtended or represented to be sUItable for reuse for another proJect by <br />City or others. Any such reuse by CIty or those who obtamed Said documents from CIty WIthout <br />wntten venficatIOn or adaptatIOn by the Engmeer WIll be at CIty'S sole nsk and WIthout lIabIlIty <br />or legal exposure to the Engmeer <br /> <br />7.2 The Engmeer wIll retam all of ItS records and supportmg documentatIon relatmg to thIS <br />Agreement, and not delIvered to the City, for a penod of three years except m the event that the <br />Engmeer goes out of busmess dunng that penod, It wIll turn over, to the CIty, all of ItS records <br />relatmg to the ProJect for retentIon by the CIty <br /> <br />ARTICLE 8 <br />TERM OF AGREEMENT <br /> <br />8.1 The term of thIS Agreement begms on the effectIve date establIshed m the first paragraph <br />of the Agreement and WIll end upon the Engmeer's completIOn, and the City's acceptance of all <br />servIces described m thIS Agreement unless thIS Agreement IS termmated under SectIOns 8.2 or <br />8 3 below The Engmeer agrees to complete the BaSIC ServIces for the PrelImmary DeSIgn <br />Engmeenng Phase WIthin 45 days (completIOn of the water qualIty analYSIS portIOn of the work <br />may extend mto the deSIgn phase) and the Detailed DeSIgn Engmeenng Phase wIthm 120 days of <br />the executIon of thIS Agreement, exclUSIve of cncumstances beyond the Engmeer's control. The <br />accelerated schedule IS mtended to allow the ProJ ect to be started up 18 months after notIficatIon <br />to start deSIgn. EqUIpment quotes wIll be obtamed for maJor eqUIpment Items, from the <br />manufacturers whose eqUIpment IS m use at the plant, pnor to advertIsmg the proJect for general <br />contractor bIds. The tIme of performance may be extended by mutual agreement between the <br />CIty and the Engmeer <br /> <br />8.2 ThIS Agreement may be termmated by eIther party upon 15 days pnor wntten notIce <br />should the other party fail substantIally to perform m accordance WIth ItS terms through no fault <br />of the party IllltIatmg the termmatIon. <br /> <br />APAI Surface Water Expansion <br /> <br />13 <br />
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