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07
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2017
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050217
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07
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4/27/2017 2:33:58 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/2/2017
DESTRUCT DATE
15Y
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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 />7. Copyrights. Drawings, Specifications and other documents prepared by the <br />CONSULTANT are an article of service and for use solely by City with respect to this Project. <br />The CONSULTANT shall be deemed the author of these documents and shall retain all <br />Copyrights. City may retain copies, including reproducible drawings in connection with the use <br />and occupancy of the project. Submittal of documents to meet regulatory requirements and <br />Page 2 of 6 <br />
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