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RES 86242
City of Pleasanton
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RES 86242
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8/2/2012 1:13:08 PM
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12/15/1999 12:06:47 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/3/1986
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6. Schedule of Work <br /> <br /> A concept report will be submitted within six weeks of authorization to <br /> proceed. Preliminary plans will be submitted within 60 days of approval of <br /> concept report. Final plans will be submitted within 30 days of approval of <br /> preliminary plans. <br /> <br />7. Relations and Duties of Partie~ <br /> <br /> a. In the performance of the obligations set forth in this agreement, <br /> Engineer shall have the status of an independent contractor, and <br /> Engineer shall not be considered to be an employee of the City for any <br /> purpose. All persons working for or under the direction of Engineer <br /> are its agents, servants, and employees and are not agents, servants, or <br /> employees of City. <br /> <br /> b. The ENGINEER shall function as technical representative of the CITY <br /> and all of his activities under this agreement shall be carried on under <br /> the general supervision of the City Manager. The ENGINEER'S <br /> complete files, including all records and correspondence concerned with <br /> and pertaining to the PROJECT shall be available for review by the <br /> City Manager or his representative. <br /> <br /> c. On completion of work all original contract plans, specifications and <br /> computations shall become property of the CITY. <br /> <br /> d. The ENGINEER shall comply with all federal, state and local laws, <br /> statutes, ordinances, rules and regulations, and the orders and decrees of <br /> any courts or administrative bodies or tribunals in any manner <br /> affecting the performance of the Agreement, including without <br /> limitation, workmen's compensation laws and licensing laws and <br /> regulations. <br /> <br /> e. Upon two (2) days advance written notice to the ENGINEER, the CITY <br /> hereby reserves the right to cancel this Agreement, in which case the <br /> ENGINEER shall be compensated for all work and services performed <br /> up to the date of receipt of said notice of cancellation. In the event of <br /> abandonment or suspension of the work for which services have been <br /> performed under this Agreement, pursuant to direction of the CITY, the <br /> ENGINEER, if requested to do so by the CITY, shall stop work at the <br /> stage directed by the CITY and shall deliver to the CITY all data, <br /> specifications, and drawings developed as of said state, and the CITY <br /> shall have the right to have such drawings, data, and specifications <br /> completed by others and shall have title to all documents as of said <br /> stage. <br /> <br /> f. Neither the CITY nor the ENGINEER shall assign or transfer their <br /> interest in this Agreement without the written consent of the other <br /> party. <br /> <br /> g. ENGINEER shall indemnify, defend and hold harmless CITY, its <br /> Councilmembers, representatives, agents or employees from and against <br /> all claims, injury, suits, demands, liability, losses, damages and expenses, <br /> whether direct or indirect (including any and all costs and expenses in <br /> connection therewith), incurred by reason of any negligent or willful <br /> act or failure to act of Engineer, its officers, employees or agents, or <br /> <br /> -3- <br /> <br /> <br />
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