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RES 88536
City of Pleasanton
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RES 88536
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6/8/2012 2:39:34 PM
Creation date
11/30/1999 11:17:46 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
11/15/1988
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3.3.S Providing consultation concerning replacement of Work <br /> damaged by fire or other cause during construction, and <br /> furnishing services required in connection with the <br /> replacement of such Work. However, redesign of replacement <br /> work is not basic services. <br /> <br /> 3.3.8 Providing services in connection with a public hearing <br /> or arbitration proceeding except where the Architect is party <br /> thereto. <br /> <br /> 3.3.9 Preparing documents for alternate, separate or <br /> sequential bids or providing services in connection with <br /> bidding, negotiation or construction prior to the completion <br /> of the Construction Documents Phase as identified in the <br /> Architectts proposal dated March 11, 1988. <br /> <br /> 3.4.7 Providing services to verify the accuracy of drawings <br /> or other information furnished by the Owner, except soils and <br /> hazardous materials. <br /> <br /> 3.4.1S Providing services up to 60 days after issuance to <br /> the Owner of the final Certificate for Payment, or in the <br /> absence of a final Certificate for Payment, more than 60 days <br /> after the date of Substantial Completion of the Work. <br /> <br /> Sections 4.5 and 4.6.1 are deleted. <br /> <br /> The Ownerrs use rights under Article 6.1 shall extend to all <br />successors and assignees of Owner. <br /> <br /> Section 7.3 is modified to read: "Any arbitration hereunder <br />may be joined or consolidated with any other arbitration matter <br />as the interests of justice and judicial economy may dictate." <br /> <br /> In Section 8.4, add: "Similarly, failure of the Architect to <br />make prompt payment to its consultants, employees, or creditors <br />who may have stop notice rights against the project shall be <br />considered substantial nonperformance by the Architect and <br />grounds for termination for default hereunder." <br /> <br /> In Section 9.1, substitute "Owner" for "Architect". <br /> <br /> Section 12.0 is added: <br /> <br /> "To the maximum extent allowable by law, architect shall <br />indemnify and hold harmless Owner, its employees, officers, <br />agents, and members, from any and all claims, damages, expenses, <br />suits, or other costs, including but not limited to those arising <br />out of bodily injury, death or third party property damage to the <br />extent stemming from Architect~s negligent performance of the <br />Services. Such indemnity shall 'apply regardless of the <br />negligence, whether active or passive, or design review, of the <br />party to be indemnified hereunder." <br /> <br /> - 2 - <br /> <br /> <br />
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