BKF Engineers CSA Amnd3 20240411

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Consulting Services Agreement between City of San Leandro and BKF for Shoreline Park at the Marina Page 11 of 16 approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. For all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form (“Instruments of Service”), that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder, Consultant shall grant to City a nonexclusive license to use the Consultant’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project. The license granted under this section permits City to authorize its separate consultants and contractors to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. Consultant hereby agrees to deliver the Instruments of Service to the City upon termination of the Agreement and payment by City of all undisputed fees and costs. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. DocuSign Envelope ID: 5165BDF7-B7E7-4364-9995-BB0EC8A21F0EDocuSign Envelope ID: 8072AF55-5E04-4E15-BB69-8A23564F49F9