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ROBERT D. NIEHAUS, INC. (3)
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ROBERT D. NIEHAUS, INC. (3)
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Last modified
6/17/2025 10:10:25 AM
Creation date
6/17/2025 10:09:52 AM
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Contracts
Company Name
ROBERT D. NIEHAUS, INC.
Contract #
A-2025-074
Agency
Public Works
Council Approval Date
5/20/2025
Expiration Date
9/18/2028
Insurance Exp Date
9/1/2025
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3. TERM <br /> This Agreement shall commence on 20th day of May, 2025 for one three-year term, unless <br /> terminated earlier in accordance with Section 15, below. The term of this Agreement may be <br /> extended for up to two (2), one-year periods upon a writing executed by the City Manager and <br /> City Attorney. <br /> 4. INDEPENDENT CONSULTANT <br /> Consultant shall, during the entire term of this Agreement, be construed to be an <br /> independent Consultant and not an employee of the City. This Agreement is not intended nor shall <br /> it be construed to create an employer-employee relationship, a joint venture relationship, or to <br /> allow the City to exercise discretion or control over the professional manner in which Consultant <br /> performs the services which are the subject matter of this Agreement; however, the services to be <br /> provided by Consultant shall be provided in a manner consistent with all applicable standards and <br /> regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br /> security taxes, unemployment insurance and similar taxes relating to employees and shall be <br /> responsible for all applicable withholding taxes. <br /> 5. OWNERSHIP Or MATERIALS <br /> This Agreement creates a nonexclusive and perpetual license for City to copy, use, <br /> modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br /> embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br /> authorship fixed in any tangible medium of expression, including but not limited to, physical <br /> drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or <br /> caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br /> shall require all subconsultants to agree in writing that City is granted a non-exclusive and <br /> perpetual license for any Documents & Data the subconsultant prepares under this Agreement. <br /> Consultant represents and warrants that Consultant has the legal right to license any and all <br /> Documents & Data. Consultant makes no such representation and warranty in regard to <br /> Documents & Data which were provided to Consultant by the City. City shall not be limited in <br /> any way in its use of the Documents and Data at any time, provided that any such use not within <br /> the purposes intended by this Agreement shall be at City's sole risk. <br /> 6. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Consultant shall <br /> maintain and shall require any subcontractors to obtain and maintain insurance as described <br /> below for the entire Term of this Agreement against claims for injuries to persons or damage <br /> to property which may arise from or in connection with services, products and materials <br /> supplied to City. Total cost of such insurance shall be borne by Consultant. <br /> Page 2 of 9 <br />
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