RES 84306 - Laserfiche WebLink

Consultant shall perform such additional inspections as directed by the City. 2. Staff. Construction Manager for Consultant shall be Paul R. Meier. Consultant shall not replace Paul R. Meier without the prior approval of the City. The services to be provided shall be performed with an approximate 50/50 time split between Construction Manager and the position of Resident Engineer, as indicated in Consultant's letter attached as Exhibit A. 3. Sufficiency of Consultant's Work. Consultant agrees that all work performed for City shall be in accordance with accepted standards in the industry and shall be adequate and sufficient to meet the purposes for which they are performed. 4. Ownership of Work. All maps, plans, inspections, reports, work data, diaries and all other documents completed or partially completed by Consultant in the performance of this Agreement shall become the property of City. 5. Term. It is recognized by both parties hereto that time is of the essence. Consultant agrees to be available for providing the above services as needed until completion and acceptance of the Railroad Grade Separation with the Western Pacific Railroad Company, Project No. 84-7. 6. Compensation. For the services described in Section l(a), the City shall pay Consultant on a time and materials basis, including travel time, in accordance with the rate schedule attached hereto as Exhibit "B" and incorporated herein, not to exceed $24,000.00. The rate schedule may be adjusted yearly to generally reflect the rate of inflation, beginning in July, 1984, upon mutual agreement of the City's Director of Public Works and Contractor. Extra work undertaken pursuant to Section l(c) shall be compensated for on a time and materials basis in accordance with the rate schedule shown in Exhibit "B". Consultant shall bill the City no more frequently than monthly by invoice, and City shall pay Consultant within ten (10) days of receipt of the invoice. 7. Changes. City may request, from time to time, changes in the scope of services to be provided by Consultant. Any change shall be mutually agreed upon between City and Consultant. 8o Consultant's Status. In the performance of the obligations set forth in this agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents, servants, and employees and are not agents, servants, or employees of City. 9. Termination for Convenience of City. The City may terminate this agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed -2-