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SR 06:277
City of Pleasanton
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2006
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SR 06:277
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12/13/2006 4:48:52 PM
Creation date
12/13/2006 3:40:59 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/19/2006
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 06:277
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<br />5. Ownership of Work. All reports, drawings, plans and specifications, <br />maps, designs, work 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. Consultant shall begin work January 2, <br />2007. The work as described in Exhibit "A", Planning Process/Schedule, shall be <br />completed by July 17, 2007, dependent upon City review time and unforeseen changes to <br />the project program or schedule. <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 $40,810 based on the rate <br />schedule and Professional Fee Summary per attached Exhibit "B". Partial payment shall <br />be made on a monthly basis in proportion to the percentage of work completed, upon <br />receipt of Consultant's invoice and the approval of the work by the City's Project <br />Manager. <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 time <br />used, percentage of contract amount expended and City Project Name: <br />"Staples Ranch Community Park, Conceptual Design." Payment shall <br />normally be made within thirty (30) days of receipt of Consultant's invoice. <br /> <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 <br />be granted by City upon receiving a written request thirty (30) days in <br />advance of said time limitation. The City shall have no obligation or liability <br />to pay any invoice for work performed which the Consultant fails or neglects <br />to submit within sixty days, or any extension thereof granted by the City, after <br />the work is accepted by the City. <br /> <br />8. Chanl!es. 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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