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09
City of Pleasanton
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CITY CLERK
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2017
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041817
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4/12/2017 9:05:48 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/18/2017
DESTRUCT DATE
15Y
DOCUMENT NO
09
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compensation for services and reimbursement for costs shall not exceed each individual <br /> authorization unless parties agree pursuant to section 8. <br /> a. Invoices submitted to City must contain a brief description of work <br /> performed, percentage of work completed, percentage of Agreement time used, percentage of <br /> Agreement amount expended and City reference number . Payment shall be <br /> made within thirty (30) days of receipt of Consultant's invoice. <br /> b. Upon completion of work and acceptance by City, Consultant shall have sixty <br /> (60) days in which to submit final invoicing for payment. An extension may be granted by City <br /> upon receiving a written request thirty (30) days in advance of said time limitation. The City <br /> shall have no obligation or liability to pay any invoice for work performed which the Consultant <br /> fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, <br /> after the work is accepted by the City. <br /> 6. Sufficiency of Consultant's Work. <br /> a. Services shall be performed by Consultant in accordance with generally <br /> accepted high professional practices and principles and in a manner consistent with a high level <br /> of care and skill ordinarily exercised under similar conditions by members of Consultant's <br /> profession currently practicing in California. By delivery of completed work, Consultant <br /> certifies that the work conforms to the requirements of this Agreement and all applicable federal, <br /> state and local laws and a high professional standard of care in California. <br /> b. Consultant is responsible for making an independent evaluation and judgment <br /> of all conditions affecting performance of the work, including without limitation site conditions, <br /> existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, <br /> applicable federal, state, and local laws and regulations, and all other contingencies or design <br /> considerations. Data, calculations, opinions, reports, investigations, and other similar <br /> information provided by the City relating to site, local, or other conditions is not warranted or <br /> guaranteed, either expressly or implied, by the City. <br /> c. Consultant's responsibilities under this section shall not be delegated. <br /> Consultant shall be responsible to the City for acts, errors, or omissions of Consultant's <br /> subconsultants. <br /> d. Whenever the scope of work requires or permits review, approval, conditional <br /> approval or disapproval by the City, it is understood that such review, approval, conditional <br /> approval or disapproval is solely for the purposes of administering this Agreement and <br /> determining whether the Consultant is entitled to payment for such work, and not be construed as <br /> a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise. <br /> for the work, and does not relieve the Consultant of responsibility for complying with the <br /> standard of performance or laws, regulations, industry standards, or from liability for damages <br /> caused by negligent acts, errors, omissions, noncompliance with high industry standards, or the <br /> willful misconduct of Consultant. <br /> Design Professionals Agreement-MIG.doc Page 2 of 7 <br />
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