CONTRACT 5565 Professional Services Agreement CLOSED Agreement No. 5565
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
LUND AND ASSOCIATES ENGINEERING, INC.
PW 18-20: CALIFORNIA STREET STORM DESIGN
This AGREEMENT is entered into this 7th day of June, 2018, by and between the CITY
OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and LUND AND
ASSOCIATES ENGINEERING, INC., a CORPORATION ("CONSULTANT").
1. CONSIDERATION.
A. Asp ial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES,below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed Eight Thousand, Seven Hundred dollars ($8,700) for CONSULT T's
services. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay this sum as
specified in the attached Exhibit"A,"which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit"A,"which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, fumish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY,necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULT T's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen(15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
-1-
Agreement No. 5565
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit"A")
the tasks performed, the percentage of the task completed during the billing period,the
cumulative percentage completed for each task,the total cost of that work during the preceding
billing month and a cumulative cash flow curve showing projected and actual expenditures
versus time to date.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager("Manager")may determine, at the Manager's sole
discretion,that CONSULTANT must perform additional work("Additional
Work")to complete the Scope of or . If Additional Work is needed,the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $50,000 for Additional Work must be approved by CITY's city
council. All Additional Work will be subject to all other terms and provisions of
this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
-2-
Agreement No. 5565
with the conditions there existing, before commencing the services hereunder.
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The to of this Agreement will be from June 30, 2018 to June 30, 2019. Unless
otherwise determined by written amendment between the parties, this Agreement will terminate
in the following instances:
A. Completion of the work specified in Exhibit"A"
B. Te nation as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS, Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time,when appropriate, for the
completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities,the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit A: Scope of Work and Budget
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contracts and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
-3-
Agreement No. 5565
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number,
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the to of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other tenn, covenant, or condition contained inthis Agreement, whether of the same or different
character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished orunfinished documents, data, studies,
surveys, drawings, maps,reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
-4-
Agreement No. 5565
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT must save harmless,indemnify and defend CITY and all its
officers,employees and representatives from and against any and all suits,
actions,or claims,of any character whatever,brought for,oro account of,
any 'Juries or damages sustained by any person or property arising from,
mi
pertaining to,or relating tothe negligence,recklessness,or willful
misconduct of CONSULTANT or any of NS 's officers,agents,
employees,or representatives.
B. For purposes of this section"CITY"includes CITY's officers,officials,
employees, agents,representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions are intended to
be as broad and inclusive as is permitted by the law of the State of California and
will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23,and any approval of
said insurance by CITY,are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including,without limitation,to the provisions
concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULT T's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
-5-
Agreement No. 5565
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Ty
j)e 0('111SLI11111CC Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury,personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as"additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
1185 or 88, or equivalent. Such insurance will be on an"occurrence,"not a
"claims made," basis and will not be cancelable or subject to reduction except
upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an"occurrence basis" if such coverage
is available, or on a"claims made"basis if not available. When coverage is
provided on a"claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3)years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the to of this Agreement, and will cover
-6-
Agreement No. 5565
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of"A:Vll."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
III to CON S(J 1JANT: If to CITY:
Lund and Associates Engineering, Inc. City of El Segundo
23138 Galva Avenue 350 Main Street
Torrance, CA 90505 El Segundo, CA
Attention: Tracy Lund Attention: Lifan Xu
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
�7-
Agreement No. 5565
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULT T's bona fide employee,to solicit or
secure this Agreement. her, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULT T's bona fide employee, any fee,
commission,percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed orimplied, oral or written. There is one (1) Attachments to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly,this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager,or designee,may execute any such amendment on behalf of CITY.
36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
-8-
Agreement No. 5565
7. CAPTIONS. The captions the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
ESSENCE.38. TIME IS OF Time is of the essence for each every provisionthis
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be preventede to fire, flood,
explosion, acts of terrorism,war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond theParties' reasonable control,then the
Agreement will immediately to i without obligation of either party tot the other.
40. STATEMENT OF EXPERIENCE. By executing is Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform Agreement in er satisfactory to CITY. CONSULTANT represents that its
financial resources, surety s ce experience, service experience, completion ility,
personnel, current workload, experience in dealingwith rivte consultants, and experience i
dealing with public agencies all suggest that CONSULTANT is capable of performing
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy public CITY.
[Signatures on next ]
- -
Agreement No. 5565
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY tEL ,G1JNL)( Lund and Associates Engineering,Inc.
�2
el�z 511111
............ ........................
Yr 11)c C,I', Tracy Up
C a
A"11;
9
Taxpayer ID
No.
'I'lacy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. SL[,,Y, City Attorney
By:
Dav
King, int City Attorney,,,,id
-10-
Agreement No. 5565
23138 Galva Avenue
Torrance,California y85U5
Lund and Associates Eng.' Inc. Phone:424'398'0Z99
Civil Engineering/Land Surveying/Land Planning Fax: 066'744-5368
EXHIBIT
May 22. 3O1B Job No. LA-765
W1a. Cheryl Ebed, Public Works Department
CITY OFELGEGUyJ[}{J
35OMain Street, BSegundo, CA 90245
(31D) 524-2350
RE: CALIFORNIA STREET DRAINAGE IMPROVEMENTS
[}ear Cheryl,
Enclosed is Lund and Associates Engineering |no.'o proposal for Civil Engineering Services for
the above-referenced project. If selected we are prepared to begin work on this project
immediately and we will be happy to provide proof of insurance and City business license
required to execute a standard City-Consultant agreement.
| appreciate the opportunity to propose on this project and look forward to working with you.
Please contact nnm should you have any questions.
Sincerely,
Tracy Lund, P.E., P.H.
President
Attachments
Agreement No. 5565
Scope of Services and Fees: May 22, 2018
Job No. LA-765, California Street Drainage Improvements
Page 1 of 3
1.0 INTRODUCTION AND SCOPE OF SERVICE
This Scope of Services is for civil engineering services for site improvements to address drainage
issues in California Street between Walnut Avenue and Sycamore Avenue in EI Segundo, CA.
The Scope of Services outlined below will follow the anticipated requirements based on
information provided by you including the request for proposals and supporting documents.
Research
Obtain available record drawings and reports from the City, County and other governing agencies
for boundary information and infrastructure within or adjacent to the project Site. This information
will be reviewed, compiled and incorporated into the documents described below.
Hvdroloaly/Hydraulic Calculations
Determine the storm water runoff from the Site for existing and proposed conditions. The
quantity of runoff to each catch basin and drainage inlet will be calculated based current Los
Angeles County Department of Public Works (LACDPW) hydrology methodology. As dictated
by LACDPW policy, any direct connections to the existing LACDPW storm drain system will be
required to be designed for tributary flow rate tabled for the drainage area per LACDPW record
hydrology calculations. Lund and Associates Engineering Inc. (LUND) will obtain the required
record hydrology information directly from LACDPW engineering staff.
Storm Drain Irnorovement Plans
Prepare Street Improvement plans to public works standards to provide a drainage solution for the
area of concern. It is assumed some street modifications will be required in addition to storm
drain improvements in order to add the appropriate local depression for the catch basin inlet and
to insure the street drains adequately to the drainage collection point. All work will be designed to
meet City and LACDPW design standards and Standard Plans for Public Works Construction
(SPPWC) specifications. The existing topographic survey provided by the City appears to contain
sufficient information for design of the proposed improvements and no additional survey work is
anticipated. It is assumed that the total disturbed area for the site will be less than one acre and a
SWPPP report will not be required.
Meetings and Aciencv Coordination
As requested, attend meetings with the Client, co-consultants, and the City. Assist the Client in
processing the Civil Improvement Plans through the approving agencies for approvals. For this
task, an estimated Budget Allowance of eight (8) hours has been set. Additional hours, if
necessary and authorized by Client, will be invoiced as "Additional Services" per the attached
Schedule of Hourly Rates.
2.0 SCOPE EXCEPTIONS AND ASSUMPTIONS
For clarification, this scope does not include the following tasks that can be provided if
necessary:
• ALTA or Topographic Survey
• Tentative and Final Mapping Services, Lot Line Adjustment Documents.
• Legal descriptions or easement documents.
• Survey monumentation.
• As-built plans.
• Construction Staking
• SWPPP Report or NPDES Stormwater treatment plans or documentation
Agreement No. 5565
Scope of Services and Fees: May 22, 2018
Job No. LA-765, California Street Drainage Improvements
Page 2 of 3
• Exhibits, plans, and studies not specifically identified in the above scope.
• Preparation or review of shop drawings.
• As-built plans.
• Traffic studies, traffic signal, &traffic control plans.
• Construction Administration or Inspections.
• Exploratory borings or subsurface utility detection.
• Structural Engineering (including retaining wall calculations, structural details, and
retaining wall profiles)
• Revisions to work completed or underway due to a change in information or instruction
provided to Lund and Associates Engineering, Inc. (LUND) by the Client or Client's
consultant(s) or due to a revision to or re-definition of Agency policies.
This proposal was based on the following assumptions related to the proposed project:
• It is assumed that the scope of work will not require disturbance of more than one acre of
area and NPDES stormwater treatment design and SWPPP report will not be required.
• A digital file of the topographic survey prepared by others will be provided in AutoCAD
format. LUND will not assume responsibility for the accuracy of the existing survey files.
3.0 FEE SCHEDULE
The Scope of Services outlined in Section 1.0 will be completed one time only for a fixed fee as
indicated below. It is agreed and mutually understood that each of the above services is
interrelated with the others, and that the total fee is divided into tasks solely to facilitate the
preparation and approval of progress billings. Expenses related to normal coordination prints and
travel expenses are included in the lump sum fee. The total, plus any fees for authorized
additional services is the contract amount.
TASK FEE
Research $1,200
Hydrology Calculations $2,000
Storm Drain Improvement Plans $4,500
Meetings and Agency Coordination (Budget Allowance) $1,000
PROJECT TOTAL $8,700
4.0 BILLING RATES
SCHEDULE OF HOURLY BILLING RATES:
Principal/Vice President $140.00/Hour
Project Manager $130.00/Hour
Project Engineer/Surveyor $120.00/Hour
Design Engineer/Survey Technician $110.00/Hour
CADD Drafter $95.00/Hour
Engineering Aide/Administration $75.00/Hour
2-Man Survey Crew $200.00/Hour
Agreement No. 5565
Scope of Services and Fees: May 22, 2018
Job No. LA-765, California Street Drainage Improvements
Page 3 of 3
5.0 PROVISIONS:
1: It is LUND's policy to meet all schedule requirements while maintaining a competent and
professional level of service. In return, it is expected that all invoices will be paid in a timely
manner. It is agreed and understood that all invoices will be considered delinquent sixty (60)
days after invoice date.
2: Client shall pay the cost, plus 10%, for any applicable application and governmental fees,
Title company charges, well monuments, outside vendor reproduction costs, in-house
reproduction cost, and delivery or messenger services incurred on Client's behalf. If requested,
we will provide a computer printout that details these costs. We do not typically provide any
additional back up for these generally nominal expenses as part of our fee.
3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered
due and payable upon presentation.
4: In the event this Agreement is breached, terminated, or canceled, or if Additional Services
are required, then Client shall pay LUND per the foregoing hourly rates for work completed.
5: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime,
The rate charged will be 1-1/2 times the hourly rates shown.
6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or
use tax is imposed by local, state, or federal authority, upon the services rendered hereunder,
such sales and/or use tax shall be in addition to said fee herein, and shall be the full
responsibility of the Client.
7: This proposal may be considered as effective for six (6) months from the date of this letter. If
the project is not completed within one (1) year after the scheduled start date (due to no fault of
LUND), additional reimbursement may be required. If required, such additional reimbursement
would be subject to negotiation and mutual agreement between both parties.
8: The Client agrees to limit LUND's liability to the Client and to all contractors and
subcontractors on the project, to damages based on proven professional negligent acts, errors
or omissions on the part of LUND only. In no case shall LUND's liability exceed the amount of
payment received by LUND. Parties shall agree to Mediation as the first step in any dispute
resolution process.
We are prepared to begin work on this project upon receipt of authorization.
Accepted by: Title:
Date: