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RES 84483
City of Pleasanton
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1984
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RES 84483
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10/11/2012 4:34:35 PM
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1/27/2000 10:24:39 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/2/1984
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7. Relations and Duties of Parties <br /> <br />In the performance of the obligations set forth in this <br />agreement, Engineer shall have the status of an independent <br />contractor, and Engineer shall not be considered to ~e an <br />employee of the City for any purpose. All persons working for <br />or under the direction of Engineer are its agents, servants, and <br />employees and are not agents, servants, or employees of City. <br /> <br />The ENGINEER shall function as technical representative of the <br />CITY and all of his activities under this agreement shall be <br />carried on under the general supervision of the City ~anager. <br />The ENGINEER'S complete files, including all records and <br />correspondence concerned with and pertaining to the PRUjECT <br />shall be available for review by the City Manager or his <br />representative. <br /> <br />On completion of work all original contract plans, <br />specifications and computations shall become property of the <br />CITY. <br /> <br />The ENGINEER shall comply with all federal, state and local <br />laws, statutes, ordinances, rules and regulations, and the <br />orders and decrees of any courts or administrative bodies or <br />tribunals in any manner affecting tne performance of the <br />Agreement, including without limitation, workmen's compensation <br />laws and licensing laws and regulations. <br /> <br />Upon two (2) days advance written notice to tile EI~GINEER, the <br />CITY hereby reserves the right to cancel this Agreement, in <br />which case the ENGIi~EER s~all be compensated for all work and <br />services performed up to the date of receipt of said notice of <br />cancellation. In the event of abandonment or suspension of the <br />work for which services have been perfortned under this <br />Agreement, pursuant to direction of the CITY, the EIIGINEER, if <br />requested to do so Dy the CITY, shall stop work at the stage <br />directed by the CITY and shall deliver to the CITY all data, <br />specifications, and drawings developed as of said state, and the <br />CITY shall have the right to have such drawings, data, and <br />specifications completed by others and shall have title to all <br />documents as of said stage. <br /> <br />~either the CITY nor the ENGINEER shall assign or transfer their <br />interest in this Agreement without the written consent of the <br />other party. <br /> <br />ENGIIIEER shall indemnify, defend and hold hari~less CITY, its <br />Councilmembers, representatives, agents or employees from and <br />against all claims, injury, suits, demands, liability, losses, <br />damages and expenses, wheti~er direct or indirect (including any <br />and all costs and expenses in connection therewith), incurred by <br />reason of any negligent or willful act or failure to act of <br />Engineer, its officers, employees or agents, or subcontractors <br /> <br /> <br />
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