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Home My WebLink AboutLawrence & Associates 2009-08-13INDEMNIFICATION AGREEMENT Lawrence & Associates shall protect and defend the City of Ukiah ("City") against any claim for money made against the City, if the claim is based on any negligent or willfully wrongful act or omission of Lawrence & Associates in engaging in activities as described in Exhibit A (attached hereto). Lawrence & Associates will protect the City and its officers, agents, employees, and volunteers. This obligation applies to the acts or omissions of Lawrence & Associates and its officers, agents, employees, and volunteers. Under its obligation to defend the City, Lawrence & Associates shall provide at its expense such attorneys, investigators, consultants, experts or other professionals as may be necessary to defend any such claim or demand and shall pay all expenses associated with such defense, including any expenses incurred by the City to assist or participate in such defense. If Lawrence & Associates fails to provide competent representation when necessary to prevent any prejudice to the City's interests, the City may retain such services and incur such expenses as may be reasonably prudent to protect its interests and Lawrence & Associates shalt pay any such expenses incurred by the City within 30 days of the date that provides Lawrence & Associates with written notice of the expense and a demand for payment. In agreeing to indemnify City under this paragraph, Lawrence & Associates shall pay any settlement or judgment resulting from a claim, demand, cause of action or suit covered by this paragraph. Lawrence & Associates will not be required to protect the City against a claim that is based on the sole and active negligence of the City or its officers, agents, employees, or volunteers. Signature: ~f Japip Chambers Date City Manager Signature:.? Bonnie Lampley Date President Lawrence & Associates Approved as to Form: City Attorney - March 30, 2006 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phonen 707;463-6200 Fax'-707/463-6204 Web Address: wwv .cityofukiah.com ENGINEERS & GEOLOGISTS AUTHORIZATION AND CONTRAC'T' FOR PROFESSIONAL SERVICES Date: June 18, 2009 Project Number: P0-1 3148.00. Task 8 Project Name: 2009 Annual emissions sampling of gas-extraction system at City of Ukiah Landfill Client: City of Ukiah Attn.: Mr. Rick Seanor 300 Seminary Avenue Ukiah, CA 95482-5400 Telephone: (707) 463-6296 Pax: (707) 463-6204 Client hereby requests and authorities Lawrence & Associates to perform the following services: Sample emissions from perimeter gas-extraction system; provide laboratory analysis for Health and Safety Code compounds and fixed (natural) gases; and prepare report. Compensation to be on the basis of. Time and expense, not to exceed 54,173 as described in our proposal and cost estimate. If additional work is required (for example, by regulatory agencies), it will be in accordance with our Fee Schedule, Attachment A. Lawrence & Associates will conduct no additional work, however, without prior written approval of the Client. This authorization subject to PROVISIONS stated on the back of this contract. Approved f~ ~-CL Trjj Accepted for LA ' NC'E & ASSOCIATES 1134 By Title Title: President Address C qj= ,I ~2' J~; ;5_ 61r4;~ er r ~ date: June 18, 2009 P Date 4 1, t r:? , U 1 P.M.: Downie Lampley r This cost estimate valid for 90 days from issue. 3590 Iron Court o Shasta Lake, California 96019 0 (530) 275-4800 o fax (530) 275-7970 2619 Forest Avenue o Chico, California 95928 0 (530) 343-8857 o fax (530) 343-8879 www.lwrnc.com info@lwrnc.com PROVISIONS Authorization to Proceed Signing this form shall be construed as authorization by Client for Lawrence & Associates to proceed with the work unless otherwise provided for herein. 2. Direct Expenses Lawrence & Associates' direct expenses shall be those costs incurred on or directly for the Client's Project, including. but not limited to, necessary, transportation costs such as mileage, meals, loduing, laboratory tests and analyses. computer services.. telephone, printing, and binding charges. Reimbursement for these expenses shall be on the basis of the attached Schedule of Fees. Outside Services When technical and professional services and subcontracted labor and equipment are furnished ov an outside source. reimbursement for these expenses shall be on the basis of the attached Schedule of Fees. Lawrence & Associates may require the client to contract and pay for these sen,ices directly. 4. Professional Standards Lawrence & Associates shall be responsible to the level of competency presently- maintained bv_ other practicing professional engineers in the same type of worn: in Client's communit for the professional and 7 technical soundness, accuracy, and adequacy of all designs, drawings, specifications:-iffi l oth& work and materials furnished under this Authorization. Lawrence & Associates and/or David A Law nCe Zits. makes no other warranty, express or implied. 6. Termination Either Client or Lawrence & Associates may terminate ~u At{t orization b ~ g 1 , by ivinL, 30 days written notice to the other party. In such event, Client shall forthwith pal Lawrenq, ( rlsso ates in full for all work previously authorized and performed prior to effective date of termtnkion Uf ilo in?[ice of termination is given, relationships and v obligations created by this Authorization shall be teritmlated` up'an compl tion of all applicable requirements of this Authorization.. except for the provisions of paragraphs 4. 6, 7;ind S, which shall continue in effect as provided by law. I \ 6. Arbitration All claims disputes. and other mgtt~re uiique~ion arising out of. or relatina to, this Authorization or the breach thereof may be decided by arbitration 'Per,Che6t or Lawrence Associates may initiate a request for such arbitration. No arbitration arising out of, or r dating r.~thisAuthorization may include.. by consolidation, joinder. or in any other manner, any additional party not party to'tihis Authorization. 1 l 7. Hold Harmless, Client agrees at all time, ,Io defend, indemnify, hold harmless, and provide all legal defense and related services to Lawrence & Associates air /'l r DA, )id A. Lawrence, Inc., its officers.. agents and/or employees (hereinafter collectively "Lawrence") for any a1d'AIl claims, expenses. demands. causes of action, liability, loss or injury regardless of their nature or character in any manner whatsoever arising out of (1) any third person's use or reliance on the worn: performed under this agreement, (2) any alleged or proven act or omission of Lawrence, or (3) any litigation or arbitration or the like regarding the work performed under this agreement involving third persons not parties to this agreement and Lawrence & Associates and/or David A. Lawrence, Inc. S. Litigation Liability for damages proximately caused by Lawrence & Associates and/or David A. Lawrence, Inc. resulting from breach or.. improper performance of this agreement shall be limited to cancellation of the sums due and owing or recovery of tiie sums already paid to Lawrence & Associates by Client. In the event the Client makes a claim against Lawrence &'_Associates and/or David A. Lawrence, at law or otherwise, for any alleged error. omission or other act arising out of performance of our professional services. and the Client fails to prove such claim. then the Client shall pay all costs incurred by Lawrence & Associates in defending itself against the claim. All attorneys fees and other legal fees spent by Lawrence & Associates to recover contracted costs shall be paid by the Client. 9. Pavtnent.Ternis Unless stated in writing. all invoiced charges are due in full within 10 days of the invoice date. 10. Service Charges Invoiced charges not paid within 30 days of the invoice date will be assessed a 1.6 io service charge per mouth or the maximum allowed by law. The service charge will be assessed on the full balance owing. including past s rvices charges. Returned checks will be assessed a S20 returned-check fee or the maximum allowed by law. ind of provisions PROVISIONS 1. Authorization to Proceed Signing this form shall be construed as authorization by Client for Lawrence & Associates to proceed with the work unless otherwise provided for herein. 2. Direct Expenses Lawrence & Associates' direct expenses shall be those costs incurred on or directly for the Client's Project, including, but not limited to, necessary transportation costs such as mileage, meals, lodging, laboratory tests and analyses, computer services, telephone, printing, and binding charges. Reimbursement for these expenses shall be on the basis of the attached Schedule of Fees. 3. Outside Services When technical and professional services and subcontracted labor and equipment are furnished by an outside source, reimbursement for these expenses shall be on the basis of the attached Schedule of Fees. Lawrence & Associates may require the client to contract and pay for these services directly. 4. Professional Standards Lawrence & Associates shall be responsible to the level of competency presently maintained by other practicing professional engineers in the same type of work in Client's community, for the professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Authorization. Lawrence & Associates and/or David A. Lawrence, Inc. makes no other warranty, express or implied. 5. Termination Either Client or Lawrence & Associates may terminate this Authorization by giving 30 days written notice to the other party. In such event, Client shall forthwith pay Lawrence & Associates in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization, except for the provisions of paragraphs 4, 6, 7, and 8, which shall continue in effect as provided by law. 6. Arbitration All claims disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration. Either Client or Lawrence & Associates may initiate a request for such arbitration. No arbitration arising out of, or relating to, this Authorization may include, by consolidation, joinder, or in any other manner, any additional party not party to this Authorization. 7. Litigation Liability for damages proximately caused by Lawrence & Associates and/or David A. Lawrence, Inc. resulting from breach or improper performance of this agreement shall be limited to cancellation of the sums due and owing or recovery of the sums already paid to Lawrence & Associates by Client. In the event the Client makes a claim against Lawrence & Associates and/or David A. Lawrence, at law or otherwise, for any alleged error, omission or other act arising out of performance of our professional services, and the Client fails to prove such claim, then the Client shall pay all costs incurred by Lawrence & Associates in defending itself against the claim. All attorneys fees and other legal fees spent by Lawrence & Associates to recover contracted costs shall be paid by the Client. 8. Payment Terms Unless stated in writing, all invoiced charges are due in full within 10 days of the invoice date. Service Charges Invoiced charges not paid within 30 days of the invoice date will be assessed a 1.5% service charge per month or the maximum allowed by law. The service charge will be assessed on the full balance owing, including past services charges. Returned checks will be assessed a $20 returned-check fee or the maximum allowed by law. End of provisions r 7 ~ - - F- r ATTACHMENT A SCHEDULE OF FEES Professional Services Engineering Geologist/Hydrogeologist Principal $140/hour Senior $115/hour Associate $100/hour Staff $90/hour Assistant $85/hour Engineer Principal Engineerr $140/hour Senior Registered Civil $120/hour Associate Civil $110/hour Assistant Civil $90/hour Engineering Teclmician $75/hour AutoCAD Operator- (Level 1) $70/hour AutoCAD Operator (Level 11) $60/hour Field Technician $70/hour Laborer $60/hour Surveyor $70/hour Tank Fund Administrator $55/hour Clerical $55/hour Word Processor $55/hour Travel, all staff, mileage inclusive $80/hour Deposition and Court Appearances Minimum charge $1200 part or full day Deposition Rate $150/hr- Preparation at consulting-service rates as listed above Drilling Services (CME-55 drilling rig) 7-5/8 and 9-5/8-inch OD augers with operator and helperr (See drilling Mobilization schedule of fees) Other In-House Equipment Test pumps (submersible, through 5 HP) quoted/job Campbell 21X data loggers w/ transducers (water and gas) quoted/job Conductivity, oxygen, temperature and dissolved oxygen probes quoted/job Meteorological station (wind direction and velocity) quoted/job Gas-extraction and air-monitoring pumps quoted/job Mileage $0.60 Mileage (drilling rig) $0.70 Cellular phone $0.50/minute Per diem (per person/day; may vary dep. upon location) $90+/day Level D protection (per person/day) $30/day Level C protection (per person/day) $50/day Survey equipment (per day) $50/day GPS Survey (Per day) $150/day. Expenses, Materials, Outside Services (All direct-job related expenses: reproduction, rental equipment, materials; subcontracted labor and equipment) .........................................................at cost + 15% 3590 Iron Court a Shasta Lake, California 96019 0 (530) 275-4800 fax (530) 275-7970 www.lwrnc.com 2619 Forest Avenue o Chico, California 95928 0 (530) 343-8857 o fax (530) 343-8879 infoqlwrnc.com