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RES 87213
City of Pleasanton
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RES 87213
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6/22/2012 8:57:32 AM
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12/8/1999 11:45:30 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
5/19/1987
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of aquatic center components, e.g. concrete coring, pipe pressure <br />testing, and soil borings. Upon prior approval by City, <br />Consultant shall be reimbursed for said physical testing services <br />after submittal of invoices. <br /> <br /> 6. Changes. City may request, from time to time, changes <br />in the scope of services to be provided by Consultant. Any <br />change shall be mutually agreed upon between City and Consultant <br />and extra services shall be invoiced at the rates described in <br />Exhibit "B", "Extra Services," attached hereto and incorporated <br />herein by this reference. <br /> <br /> 7. Consultant's Status. In the performance of the <br />obligations set forth in this agreement, Consultant shall have <br />the status of an independent contractor and Consultant shall not <br />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 <br />agents, servants, and employees and are not agents, servants, or <br />employees of the City. <br /> <br /> 8. Termination of Convenience of City. The City may <br />terminate this agreement any time by mailing a notice in writing <br />to Consultant that the Agreement is terminated. Said Agreement <br />shall than be deemed terminated, and no further work shall be <br />performed by Consultant. If the Agreement is so terminated, the <br />Consultant shall be paid for the work actually completed, based <br />on a pro rata portion of the maximum compensation described in <br />Section 6 herein at the time the notice of termination is <br />received. <br /> <br /> 9. Non-Assignability. The Consultant shall not assign, <br />sublet, or transfer this Agreement or any interest or obligation <br />therein without the prior written consent of the City, and then <br />only upon such terms and conditions as City may set forth in <br />writing. <br /> <br /> 10. Indemnify and Hold Harmless. Consultant shall defend, <br />indemnify, and hold harmless, the City and its officers and <br />employees from and against all claims, losses, damage, injury, <br />and liability for damages arising from errors, omissions, <br />negligent or wrongful acts of the Consultant in the performance <br />of its services under this Agreement. This indemnification shall <br />extend for a reasonable period of time after completion of the <br />project as well as during the period of actual performance of <br />services under this Agreement. Acceptance of the insurance <br />certificates required under this Agreement does not relieve the <br />Consultant from liability under this indemnity and hold harmless <br />clause. <br /> <br /> 11. Insurance. During the term of this Agreement, <br />Consultant shall maintain in full force and effect at its own <br />cost and expense, the following insurance coverage: <br /> <br /> a. Worker's Compensation Insurance <br /> Full Worker's Compensation Insurance shall be <br /> <br /> - 2 - <br /> <br /> <br />
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