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HomeMy WebLinkAboutContracts & Agreements_7-1998_CCv0001.pdf AGREEMENT FOR CONSTRUCTION INSPECTION & MANAGEMENT SERVICES FOR NATURAL GAS ENGINES CONVERSION TO ELECTRIC MOTORS This Agreement is made and entered into this 3rd day of February, 1998 by and between the Cit of Redlands, a municipal corporation (hereinafter "Cit " y y ) and Inspection Consultants (hereinafter "Resident Inspector"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Resident Inspector hereby agree as follows: ARTICLE I - ENGAGEMENT OF RESIDENT INSPECTOR 1.1 The Resident Inspector and the City agree that the Resident Inspector is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 1.2 City hereby engages Resident Inspector, and Resident Inspector hereby accepts the engagement, to perform professional construction inspection and management services ("Services") for the Natural Gas Engines Conversion to Electric Motors (the "Project"). 1.3 The Services shall be performed by Resident Inspector in a professional manner, and Resident Inspector represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional construction Inspectors and Managers in the industry providing similar types of services. 1.4 Upon execution of this agreement, the Resident Inspector will provide a proof of business license in the City of Redlands, and fill out and submit Form W-9 to the City. ARTICLE 2 - SERVICES OF RESIDENT INSPECTOR 2.1 The specific Services which Resident Inspector shall perform are more particularly described in Attachment A, entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. ARTICLE 3.- RESPONSIBILITIES OF CITY 3.1 City shall make available to Resident Inspector information in its possession that is pertinent to the performance of Resident Inspector's Services. 1 NATURAL GAS ENGINES CONVERSION TO ELECTRIC MOTORS Inspection Consultants February 4, 1998 3.2 City will provide access to and make provisions for Resident Inspector to enter upon City- owned property as required by Resident Inspector to perform the Services. 3.3 City designates Tom T. Fujiwara, Project Manager to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Resident Inspector shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B. ARTICLE 5 - PAYMENTS TO THE RESIDENT INSPECTOR 5.1 The total compensation for Resident Inspector's performance of the Services shall be $59,500, in accordance with Attachment C - Fee. City shall pay Resident Inspector on an hourly basis at the hourly rate shown in Attachment D - Rate Schedule. 5.2 Resident Inspector shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the Services, indirect costs, and the detailed cost of all Services including backup documentation. Payments by City to Resident Inspector shall be made within 30 days after receipt and approval of Resident Inspector's invoice, by warrant payable to Resident Inspector. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: Ci1y Resident Inspector Tom T. Fujiwara Richard E. McHardy Municipal Utilities Department Inspection Consultants 35 Cajon Street 1721 E. Colton Avenue, Sp#4 P.O. Box 3005 Redlands CA 92374 Redlands CA 92373 2 NATURAL GAS ENGINES CONVERSION TO ELECTRIC MOTORS Inspection Consultants February 4, 1998 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6 - HOLD HARMLESS AND INDEMNIFICATION 6.1 The Resident Inspector shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Resident Inspector, its officer, agents and employees in performing the work required by this Agreement. ARTICLE 7 - INSURANCE AND INDEMNIFICATION 7.1 The Resident Inspector shall be required to have business auto liability coverage, with minimum limits of seven hundred fifty thousand dollars ($750,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Resident Inspector owned vehicles used on the contract, hired and non-owned vehicles, and employee non-ownership vehicles. ARTICLE 8 - GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 81 Resident Inspector shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, pro visions and conditions of this Agreement. 8.3 Resident Inspector's key personnel for the Project is: Project Inspector: Richard E. McHardy 3 NATURAL GAS ENGINES CONVERSION TO ELECTRIC MOTORS Inspection Consultants February 4, 1998 Resident Inspector agrees that the key personnel shall be made available and assigned to the Project, and that he shall not be replaced without concurrence from City. 8.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Resident Inspector pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City after payment in full all monies due the Resident Inspector. Any reuse of such documents for other projects and any use Of incomplete documents will be at City's sole risk. 8.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 8.6 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the other (delivered by certified mail, return receipt requested) of intent to terminate. 8.7 If this Agreement is terminated by City, an adjustment to Resident Inspector's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due Resident Inspector at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Resident Inspector. 8.8 Upon receipt of a termination notice, Resident Inspector shall (1) promptly discontinue all services affected, and (2)deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable), of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Resident Inspector in performing the Services required by this Agreement. 8.9 Resident Inspector shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Resident Inspector. 4 NAT AL GAS ENGINES CONVERSION TO ELECTRIC MOTORS Inspection Consultants February 4, 1998 8.10 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prier negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Resident Inspector. 8.11 This Agreement shall be governed by and construed in accordance with the laws of the Stine of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Resident Inspector have signed in confirmation of this Agreement. City of Redlands Inspection Consultants ("City„) (”"Resident Inspector") k By: _ B WILL CUNNINGHAM RICHARD E. Mc A Y Mayer ATTEST. City ork, Ch dlands 5 CONSTRUCTION INSPECTION & MANAGEMENT SERVICES FOR NATURAL GAS ENGINES CONVERSION TO ELECTRIC MOTORS ATTACEMENT A SCOPE OF SERVICES The following is a scope of services for providing Construction Inspection & Management Services for Natural Gas Engines Conversion to Electric Motors Project in accordance with the project schedule, fee, and rate schedule outlined in Attachments B, C, and D, respectively. 1 Perform inspection on all phases of the Project to assure compliance with all applicable codes and the Project construction plans, specifications, and documents. 2. Attend all job meetings between the construction contractor and the Municipal Utilities Director or designated representative, pre-bid meeting, and status meetings. 3. Prepare and maintain written records, including a daily construction diary and As-Built notations. 4. Review all extra work and change order requests and make recommendations to the Municipal Utilities Director or designated representative. 5. Coordinate all activities among the construction contractor, affected agencies, utility companies, design engineer, and any other City-hired consultants. 6. Review all requests for payment and approve quantities indicated. 7. Review all shop drawings and forward recommendations to the Municipal Utilities Director or designated representative. 8. Review and respond to construction contractor's "Request for Information." 9. Conduct material testing in compliance with the Project construction documents. 6 CONSTRUCTION INSPECTION&MANAGEMENT SERVICES FOR NATURAL GAS ENGINES CONVERSION TO ELECTRIC MOTORS ATTACHMENT B PROJECT SCHEDULE The schedule for completion of the Natural Gas Engines Conversion to Electric Motors Project is March 1, 1999. 7 CONSTRUCTION INSPECTION &.MANAGEMENT SERVICES FOR NATURAL GAS ENGINES CONVERSION TO ELECTRIC MOTORS ATTACHMENT C FEE The fee for providing Construction Inspection and Management Services to the City for Natural Engines Conversion to Electric Motors Project is not to exceed $59,500 based on hourly rate in accordance with Attachment D. 8 CONSTRUCTION INSPECTION &MANAGEMENT SERVICES FOR NATURAL GAS ENGINES CONVERSION TO ELECTRIC MOTORS ATTACHMENT D RATESCHEDULE The rate schedule for providing Construction Inspection and Management Services to the City for Natural Gas Engines Conversion to Electric Motors Project is $37.50 per hour. 9