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Assessment District Contract <br />Job 4887-1 <br />Date: 6/6/82 <br />Page 6 of 9 <br /> <br />For work done after the sale of bonds, payment will be made by City <br />within thirty days of receipt of invoice from Engineer. <br /> <br />3. Billing <br /> <br />Billing will be submitted monthly by Engineer as portions Of the work <br />are completed. <br /> <br />All billings made on the basis of hourly charge rates will include an <br />accounting of hours worked for each item of services and be submitted <br />separate from services provided on any other basis. <br /> <br />Billings will be assumed to be correct and acceptable if they are not <br />questioned within ten days of receipt by the City. <br /> <br />C. Abandonment Of Project. <br /> <br />In the event Assessment District 1982-5 is not formed and bonds are not <br />sold, Engineer is to be paid nothing. <br /> <br />D. Responsibility of Engineer. <br /> <br />The Engineer is retained as an engineering consultant to City and agrees <br />to utilize its professional skill and efforts in the performance of the <br />services specified herein. The representative of Engineer who will make <br />all presentations, attend all meetins, and supervise all work shall be <br />Rodney T. Andrade or his designated assistant. In the event of the <br />Engineer being named as a defendant in any suit filed by any third person <br />because of any act of omission claimad to have arisen from work which is <br />contemplated by this Agreement (as distinct from construct]on of the <br />project), and because of which a claim is being made against City and the <br />Engineer, the Engineer shall be responsible for providing its own defense. <br /> <br />E. Engineer as Independent Contractor. <br /> <br />It is expressly agreed that in the performance of the engineering services <br />necessary to carrV out this Agreement, Engineer shall be, as is, an inde- <br />pendent contractor, and is not an agent Or employee of City. Engineer has <br />and sha].l retain the r~ght to exercise full control and supervision of the <br />services, and full control over the employment, direction, compensation <br />and discharge of all persons assisting it ~n the performance of its <br /> <br /> <br />