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2002 AGN JAN 15 I20
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2002 January 15 Agenda Packet
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2002 AGN JAN 15 I20
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32.3 Conformance to Aoplicable Requirements. Ail work prepared by Contractor shall <br />be subject to the approval of City. <br />3.2.4 Citv's Reoresentative. The City hereby designates Utility Director, or his or her <br />designee, to act as its representative for the performance of this Agreement ("City's <br />Representative"). City's Representative shall have the power to act on behalf of the City for all <br />purposes under this Contract. Contractor shall not accept direction or orders from any person <br />other than the City's Representative or his or her designee. <br />3.2.5 Contractor's Reoresentative. Contractor hereby designates J. Paul Withrow <br />Vice President & Treasurer, or his or her designee, to act as its representative for the <br />performance of this Agreement ("Contractor's Representative"). Contractor's Representative <br />shall have full authority to represent and act on behalf of the Contractor for all purposes under <br />this Agreement. The Contractor's Representative shall supervise and direct the Services, using <br />his best skill and attention, and shall be responsible for all means, methods, techniques, <br />sequences and procedures and for the satisfactory coordination of all portions of the Services <br />under this Agreement. <br />3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the <br />performance of Services and shall be available to City's staff, consultants and other staff at all <br />reasonable times. <br />3.2.7 Standard of Care: Performance of Emolovees. Contractor shall perform all <br />Services under this Agreement in a skillful and competent manner, consistent with the <br />standards generaliy recognized as being employed by professionals in the same discipline in <br />the State of California. Contractor represents and maintains that it is skilled in the professional <br />calling necessary to perform the Services. Contractor warrants that all employees and <br />subcontractors shall have sufficient skill and experience to perform the Services assigned to <br />them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, <br />permits, qualifications and approvals of whatever nature that are legally required to perform the <br />Services, including a City Business License, and that such licenses and approvals shall be <br />maintained throughout the term of this Agreement. As provided for in the indemnification <br />provisions of this Agreement, Contractor shall perform, at its own cost and expense and without <br />reimbursement from the City, any services necessary to correct errors or omissions which are <br />caused by the Contractor's failure to comply with the standard of care provided for herein. Any <br />employee of the Contractor or its sub-contractors who is determined by the City to be <br />uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a <br />threat to the safety of persons or property, or any employee who fails or refuses to perform the <br />Services in a manner acceptable to the City, shall be promptly removed from the Project by the <br />Contractor and shall not be re-employed to perform any of the Services or to work on the <br />Project. <br />
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