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SR 05:317
City of Pleasanton
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2005
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SR 05:317
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12/1/2005 2:55:25 PM
Creation date
12/1/2005 2:35:24 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/6/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:317
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<br />5. Ownership of" "Work. All reports, drawings, plans and specifications, <br />maps, designs, W'ork data, and all other documents completed or partially completed by <br />Consultant in the performance of this Agreement shall become the property of City. <br /> <br />6. Terms. Time is of the essence. <br />2005. The "Work as described in Exhibit "A" & <br />by April, 2006 dependent upon revie"W time. <br /> <br />Consultant shall begin work December, <br />"E" Scope of Work, shall be completed <br /> <br />7. Compensation. For the services to be rendered hereunder, City shall pay <br />Consultant on a time-and-materials basis, not to exceed $172,718, based on rate schedule <br />per attached Exhibit "A" & "E". Partial payment shall be made on a monthly basis in <br />proportion to the percentage of vvork completed, upon receipt of Consultant's invoice and <br />the approval of the City. <br /> <br />a. Invoices submitted to City for payment must contain a brief description of <br />work performed, percentage of "Work completed, percentage of contract <br />time used, percentage of contract amount expended and City reference <br />numbers Account No. and Contract No. Payment shall be made "Within <br />thirty (30) days of receipt of Consultant's invoice. <br /> <br />b. Upon completion of "Work and acceptance by City, Consultant shall have <br />sixty (60) days in vvhich to submit final invoicing for payment. An <br />extension may be granted by City upon receiving a written request thirty <br />(30) days in advance of said time limitation. The City shall have no <br />obligation or liability to pay any invoice for work performed W'hich the <br />Consultant fails or neglects to submit "Within sixty days, or any extension <br />thereof granted by the City, after the work is accepted by the City. <br /> <br />8. Chanees. City may request, from time to time, changes in the scope of <br />services to be provided by Consultant. Any changes and related fees shall be mutually <br />agreed upon between City and Consultant and shall be the subject of a written <br />amendment to this Agreement. <br /> <br />9. Consultant's Status. In the performance of the obligations set forth in <br />this Agreement, Consultant shall have the status of an independent contractor and <br />Consultant shall not be considered to be an employee of the City for any purpose. All <br />persons "Working for or under the direction of Consultant are its agents, servants, and <br />employees and are not agents, servants, or employees of City. <br /> <br />10. Termination of Convenience of" City. The City may terminate this <br />Agreement at any time by mailing a notice in writing to Consultant that the Agreement is <br />terminated. Said Agreement shall then be deemed terminated, and no further "Work shall <br />be performed by Consultant. If the Agreement is so terminated, the Consultant shall be <br />paid for that percentage of the work actually completed, based on a pro rata portion of the <br />total fixed sum compensation described in Section 7 herein at the time the notice of <br />termination is received. <br />
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