until all litigation, claims, or audit findings involving the records have been resolved and final action taken. SECTION 37: COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. SECTION 38: SUBMITTALS. The following are items the CONSULTANT must submit to the CITY as stated in this Agreement: Certificates of Insurance Worker compensation insurance for all employees; Section 33, Paragraph (a) Certificates of Liability Insurance; Section 33, Paragraph (a) American with Disabilities Act; Section 16, Paragraph (f) Price Schedule Business Tax Receipt Request for Taxpayer Identification Number and Certification IRS Form W-9 All provided to the CITY must be accurate and updated certifying the CONSULTANT is proceeding correctly. SECTION 39: MAINTENANCE OF RECORDS CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. SECTION 40: OWNERSHIP OF DOCUMENTS Upon completion or termination of each Work Order, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of CITY. CONSULTANT, at its own expense, may retain copies for its files and internal use. To the extent permitted by law, CITY agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorney’s fees incurred by CONSULTANT due to the CITY’s use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project, unless such use is authorized by CONSULTANT.
until all litigation, claims, or audit findings involving the records have been resolved and final action taken. SECTION 37: COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. SECTION 38: SUBMITTALS. The following are items the CONSULTANT must submit to the CITY as stated in this Agreement: Certificates of Insurance Worker compensation insurance for all employees; Section 33, Paragraph (a) Certificates of Liability Insurance; Section 33, Paragraph (a) American with Disabilities Act; Section 16, Paragraph (f) Price Schedule Business Tax Receipt Request for Taxpayer Identification Number and Certification IRS Form W-9 All provided to the CITY must be accurate and updated certifying the CONSULTANT is proceeding correctly. SECTION 39: MAINTENANCE OF RECORDS CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. SECTION 40: OWNERSHIP OF DOCUMENTS Upon completion or termination of each Work Order, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of CITY. CONSULTANT, at its own expense, may retain copies for its files and internal use. To the extent permitted by law, CITY agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorney’s fees incurred by CONSULTANT due to the CITY’s use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project, unless such use is authorized by CONSULTANT.
RFQ-ENG-15-01-Engineering-Services.docx