6. CITY COOPERATION. The City agrees that its personnel will cooperate with
Professional Engineer in the performance of its work under this contract and that such personnel
will be available to Professional Engineer for consultation at reasonable times and after being
given sufficient advance notice that will prevent conflict with their other responsibilities. The
City also agrees to provide Professional Engineer with access to City records in a reasonable
time and manner and to schedule items that require action by the Board of Public Works and
Finance Committee in a timely manner. The City and Professional Engineer also agree to attend
all meetings called by the City or Professional Engineer to discuss the work under the Contract,
and that Professional Engineer may elect to conduct and record such meetings and shall later
distribute prepared minutes of the meeting to the City.
7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES,
Professional Engineer warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City in writing, and has
concluded that the City's resolution of each matter is satisfactory to Professional Engineer. All
future questions Professional Engineer may have concerning interpretation or clarification of this
contract shall be submitted in writing to the City within 10 calendar days of their arising. The
writing shall state clearly and in full detail the basis for Professional Engineer's question or
position. The City representative shall render a decision within 15 calendar days. The City's
decision on the matter is final. Any work affected by a conflict, error, omission, or discrepancy
which has been performed by Professional Engineer prior to having received the City's resolution
shall be at Professional Engineer's risk and expense. At all times, Professional Engineer shall
carry on the work under this contract and maintain and complete work in accordance with the
requirements of the contract or determination of the City. Professional Engineer is responsible
for requesting clarification or interpretation and is solely liable for any cost or expense arising
from its failure to do so.
8. TERMINATION OF CONTRACT
A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City chooses to terminate, abandon, or suspend all or part of the project, it
shall provide Professional Engineer 10 day’s written notice of its intent to do so.
If all or part of the project is suspended for more than 90 days, the suspension shall be treated as
a termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Professional Engineer
shall:
Immediately discontinue work on the date and to the extent specified in the notice.
Provide the City with a list of all unperformed services.
Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work under
the contract that is not terminated.
4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of all orders or subcontracts to the extent they relate to the
performance of work terminated, abandoned, or suspended under the notice, assign
to the City any orders or subcontracts specified in the notice, and revoke
agreements specified in the notice.
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