Res 1996-124 - Laserfiche WebLink

Home Browse Search

)~L Payments for Basic Services will be made to ENGINEER monthly following receipt by CITY of ENGINEER's invoices. In the event CITY questions some element of an invoice, CITY will promptly notify ENGINEER, and ENGINEER will help effect resolution and transmit a revised invoice as necessary. Amounts not questioned by the CITY will be promptly paid to ENGINEER. 4.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the ENGINEER's Additional Services as defined in Section 1.6 will be made monthly upon presentation of the ENGINEER's statement of services rendered or expenses incurred in accordance with Section 12.3, less any disputed amounts, pending resolution thereof. ARTICLE 5 ENGINEERING RECORDS 5.1 All direct cost expense records of ENGINEER will be kept on a recognized accounting basis acceptable to the CITY and will be available to the CITY or the CITY's authorized representative at mutually convenient times. 5.2 The CITY and federal and state agencies that have monitoring or auditing responsibilities for the Project will have access to any books, documents, papers and records of the ENGINEER which are directly pertinent to the direct cost of this Project for the purpose of making audit, examination, copying, and transcriptions. ~ ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 Plans, specifications, and other construction contract documents as well as all tracings, and other original documents will become the property of the CITY whether the Project is executed or not. However, ENGINEER will not be responsible, and liability is hereby waived by CITY against ENGINEER, and CITY with indemnify ENGINEER from any and all losses, claims, demands and causes of action resulting from CITY's use of the plans, specifications and construction contract documents other than for the Project as contemplated by those documents. ENGINEER will retain its rights in its standard drawing details, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified by the ENGINEER in the performance of its services will remain the property of the ENGINEER. ARTICLE 7 TERMINATION OF AGREEMENT 7.1 The term of this Agreement begins upon its execution by both parties, and ends upon acceptance of the completed services of ENGINEER under this Agreement by the CITY. 7.2 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. Page 13 contra ctfmsc/sanmarco/6000 1 OO/ag reement