05-24-1995 Council Agenda - Laserfiche WebLink

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sign -offs. For these services, EERC will bill the project at a rate of 10% of project costs, and these costs will be rolled into the NSP loan request. In no event shall the construction management and facility retrofit costs in total exceed the ten year payback rule. Testing - As NSP rules dictate, pre- and post - retrofit testing using an amp probe or similar device is part of the normal engineering services. Testing beyond standard practice will be approved by the Project coordinator and may be invoiced at a rate of $45.00 per hour for approved activity. Operation and Maintenance - Completion of a savings maintenance agreement and operations training may be invoiced at a rate of $45.00 per hour for activity approved by the Project Coordinator. Additional Duties - Additional work requested by the Project Coordinator may be invoiced at a rate of $45.00 per hour for requested and approved activity. 4. Indemnification. The EERC shall indemnify, save harmless, protect and defend the City, its officers, employees or agents, from all suits, actions or claims of any character brought for or on account of any person or persons alleging damages or injury to person or property and arising out of any act or omission on the part of the EERC, its officers, employees or agents in carrying out the terms of this Agreement. 5. Insurance. (A) The EERC agrees to maintain and keep in full force and effect, for the term of this Agreement, statutory employer's liability insurance as required by Minnesota State Law. (B) The EERC agrees that it will obtain and keep in force during the term of this Agreement at its expense general liability and automobile liability insurance covering any injury caused by act of the EERC, its officers, agents, and employees in performance of or with relation to any work or services performed or furnished by the EERC under the terms of this Agreement each in the amount of $500,000. The EERC additionally agrees to obtain and maintain during the teen of this Agreement umbrella or excess liability coverage, providing additional coverage beyond the limits of general liability and automobile coverage set forth above, in an amount not less than $1,000,000. 6. Independent Contractor. For the purpose of this Agreement, the EERC shall be deemed to be an independent contractor and not an employee of the City. Page 53