23. FINAL ACCEPTANCE. Upon completion of all work under the contract, Professional
Engineer shall notify the City in writing of the date of the completion of the work and request
confirmation of the completion from the City. Upon receipt of the notice, the City shall confirm
to Professional Engineer in writing that the whole of the work was completed on the date
indicated in the notice or provide Professional Engineer with a written list of work not
completed. With respect to work listed by the City as incomplete, Professional Engineer shall
promptly complete the work and the final acceptance procedure shall be repeated. The date of
final acceptance of a project by the City shall be the date upon which the Board of Public Works
or other designated official accepts and approves the notice of completion.
24. TAXES. Professional Engineer shall pay all taxes, levies, duties, and assessments of
every nature due in connection with any work performed under the contract and make any and all
payroll deductions required by law. The contract sum and agreed variations to it shall include all
taxes imposed by law. Professional Engineer hereby indemnifies and holds harmless the City
from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.
25. .NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this
contract shall be considered waived by the City. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City in a written waiver.
26. | RIGHTS AND REMEDIES. The duties and obligations imposed by the contract and the
rights and remedies available under the contract shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.
27. PROHIBITED INTERESTS. Professional Engineer shall not allow any officer or employee
of the City to have any indirect or direct interest in this contract or the proceeds of this contract.
Professional Engineer warrants that no officer or employee of the City has any direct or indirect
interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of Professional Engineer. If any such interest comes to the attention of Professional
Engineer at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City. Professional Engineer also warrants that it presently has no interest and that it
will not acquire any interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed under this contract. Professional
Engineer further warrants that no person having such an interest shall be employed in the
performance of this contract. If City determines that a conflict exists and was not disclosed to
the City, it may terminate the contract at will or for cause in accordance with paragraph 8.
In the event Professional Engineer (or any of its officers, partners, principals, or employees
acting with its authority) is convicted of a crime involving a public official arising out or in
connection with the procurement of work to be done or payments to be made under this contract,
City may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Professional Engineer shall refund to the City any profits realized under this
contract, and Professional Engineer shall be liable to the City for any costs incurred by the City
in completing the work described in this contract. At the discretion of the City, these sanctions
shall also be applicable to any such conviction obtained after the expiration or completion of the
contract.
GC 12 of 13
