Agmt13 Vanir Construction Management, Inc.

Browse Search

ORIG1N�qL AGREEMENT FOR CONSULTANT SERVICES (Vanir Construction Management, Inc.) THIS AGREEMENT is made and ente�ed into as of the day of , 2013, by and between the CITY OF REDWOOD CITY, a charter city nd municipa( p atro of the State of Galif.ornia ("City'�, and Vanir Construction Management, Inc:, a C�li orni corporation {"Conswltan#"}. RECITALS Gity requires certain consulting services. Consultant has the necessary experience in providing these professional services, has submitted a propo�al to City, and has affirmed its willingness and ability to perform such wqrk. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,the Parties agree as follows: 1. Scoqe of Work: Gonsultant agrees to pertorm those services(the"Seroices")that are defined in Exhibit °A," attached hereto and incorporated herein by reference. In the event of a conflict between the provision5 of Exhibit "A" and the terms of ihis Agreement, the terms of this Agreement shall prevail, Gity shall have the right to modify the scope of work to delete tasks in whole ar in part. 2. Term. Unless earlier termin�ted, this Agreement will be effective for a period of one (1)year fram the date firs#above written. 3. Compensation. The total fee payable for the Services to be performed shall not exceed $9,000.00. Payment will be made pursuant to the terms of Exhibit"A." No other compensation for the Senrices will be allowed, except for items covered by subsequent amendments to this Agreement. City resenres the right to withhold a ten percent (10°Jo) retention until City has accepted the Services specifred in Exhibit "A." There shall be no additional charge for expenses unless agreed to by City. Payment shall accur only after receipt by City ofi invoices sufficiently detailed to include hourly rates, hqurs worked, and tasks performed,unl�ss otherwise agreed to by City. 4. Status of Consultant. Consultant will perform the 5�rvices as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of Ciiy. Consultant will be under the control af City only as to the results to be accomplished. 5. Indemnification. Consultant will defend, indemnify and hold harmless City, and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of tMe performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the Consultant; any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence, or willful misconduct of City. The Parties expressly agree that any reasonable payment, attorney's fee, costs or expense City incurs or makes to or on behalf'of an injured employee under the City's self-administered workers` compensation i5 included as a loss, expense or cost for the purposes of this sec#ion, and that this section will survive the expiration or early termination of the Agreement. 6. Insurance. Consul#ant will obtain and maintain policies of commerciai general liability insurance, aufomobile liabiliry insurance, a combined policy of workers' compensation, employers liabilit}r insurance, and professional liabitity insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at leas# A-:V in an amount of not less than five hundred thousand dollars REV:08-�6-13 VR Page 1 of 4 ATTY/AG R.2 Q 13.126NA N I R_90 00