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CCP 06202023
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CCP 06202023
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7/6/2023 3:12:33 PM
Creation date
7/6/2023 3:09:21 PM
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Roseville City Council
Document Type
Council Agenda/Packets
Meeting Date
6/20/2023
Meeting Type
Regular
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TERMS AND CONDITIONS <br />●All pricing is valid for 30 days from the date of this proposal,after which time we reserve <br />the right to amend fees as needed. <br />●Time and materials (T&M)estimates may uctuate and will be billed accordingly.Fixed <br />fee contract prices will be billed as shown. <br />●Invoicing will be submitted monthly for work performed,unless otherwise agreed upon. <br />●Payment terms are net 30 days. <br />●If prevailing wage requirements are discovered after the date of this proposal,we reserve <br />the right to negotiate our fees. <br />●The client is responsible for any permit fees,taxes,and other related expenses,unless noted <br />as being included in our proposal. <br />●The client shall provide 48 hours'notice of any meetings where the consultant’s <br />attendance is required. <br />●Unless otherwise stated,one round of revisions to deliverables is included in our base fee. <br />Additional edits or revisions will be billed on a time and material (T&M)basis. <br />●All reports are provided only to the client unless otherwise directed. <br />LIMITED WARRANTY <br />Davey Resource Group,Inc.(“DRG”)provides this limited warranty (“Limited Warranty”)in connection <br />with the provision of services by DRG (collectively the “Services”)under the agreement between the parties, <br />including any bids,orders,contracts,or understandings between the parties (collectively the “Agreement”). <br />Notwithstanding anything to the contrary in the Agreement,this Limited Warranty will apply to all Services <br />rendered by DRG and supersedes all other warranties in the Agreement and all other terms and conditions in <br />the Agreement that con ict with the provisions of this Limited Warranty.Any terms or conditions contained in <br />any other agreement,instrument,or document between the parties,or any document or communication from <br />you,that in any way modi es the provisions in this Limited Warranty,will not modify this Limited Warranty <br />nor be binding on the parties unless such terms and conditions are approved in a writing signed by both parties <br />that speci cally references this Limited Warranty. <br />Subject to the terms and conditions set forth in this Limited Warranty,for a period of ninety (90)days from the <br />date Services are performed (the “Warranty Period”),DRG warrants to Customer that the Services will be <br />performed in a timely,professional and workmanlike manner by quali ed personnel. <br />To the extent the Services involve the evaluation or documentation (“Observational Data”)of trees,tree <br />inventories,natural areas,wetlands and other water features,animal or plant species,or other subjects <br />(collectively,“Subjects”),the Observational Data will pertain only to the speci c point in time it is collected (the <br />“Time of Collection”).DRG will not be responsible nor in any way liable for (a)any conditions not discoverable <br />using the agreed upon means and methods used to perform the Services,(b)updating any Observational Data, <br />(c)any changes in the Subjects after the Time of Collection (including,but not limited to,decay or damage by <br />the elements,persons or implements;insect infestation;deterioration;or acts of God or nature [collectively, <br />“Changes”]),(d)performing services that are in addition to or di erent from the originally agreed upon Services <br />in response to Changes,or (e)any actions or inactions of you or any third party in connection with or in <br />response to the Observational Data.If a visual inspection is utilized,visual inspection does not include aerial or <br />subterranean inspection,testing,or analysis unless stated in the scope of work.When performing tree <br />inventories or assessments,DRG will not be liable for the discovery or identi cation of non-visually observable, <br />Davey Resource Group <br />Page 16
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