3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4-DESIGNATED CONTACTS
4.1. 4.2.
CITY Contact. CITY designates Louis Sun, its Wastewater Treatment Plant Manager, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONTRACTOR's performance under this Agreement, and for liaison and coordination between CITY and CONTRACTOR. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONTRACTOR of the change in writing.
CONTRACTOR Contact. CONTRACTOR designates John Feicht as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONTRACTOR's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONTRACTOR shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONTRACTOR shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONTRACTOR shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONTRACTOR is a "design professional," as defined in California Civil Code Section 2782.8(c), CONTRACTOR shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONTRACTOR's negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONTRACTOR shall not exceed CONTRACTOR's proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period ohime allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONTRACTOR may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONTRACTOR shall be solely responsible for the health and safety of CONTRACTOR's employees during the performance of the Services.
Rev. Jan-22
OFFICIAL SITE LABOR RATES EFFECTIVE APRIL 1, 2022
DESCRIPTION REGULAR
TIME
P.W.
REGULAR
TIME
O.T. P.W.
O.T.
SUNDAY/
HOLIDAY
P.W.
SUNDAY/
HOLIDAY
TECHNICIAN $ 170.00 $190.00 $ 200.00 $220.00 $ 220.00 $240.00 ENGINEER $ 190.00 $210.00 $ 220.00 $240.00 $ 240.00 $260.00 CONSULTANT $ 190.00 $210.00 $ 220.00 $240.00 $ 240.00 $260.00 TRAVEL TIME $ 110.00 $110.00 $ 130.00 $130.00 $ 130.00 $130.00 Minimum charges for field service is four (4) hours site and/or travel time at appropriate rate; plus expenses.
Job preparation and completion documentation to be billed at official rate schedule. Minimum 2 hours per trip.
Engineer: Process, Electric or Mechanical
Regular time is charged for 8 hours during the hours of 6:00 a.m. to 5:00 p.m.
Overtime is considered when work and/or travel time exceeds 8 hours per day; Monday through Friday.
Saturday: Overtime rates apply.
Sunday/Holiday pay is considered when work and/or travel is conducted on Sundays or company recognized holidays.
Prevailing wage requirements apply to all applicable regions and business entities.
Customer is responsible for any applicable wage adjustments.
This includes all municipalities in the State of California.
Expenses:
Mileage for use of company vehicle is:…………………………….…………….……………. $ 1.00/mile Airfare, lodging, car rental, fuel, airport parking, mileage, tolls, and misc. expenses are charged at cost, in addition to the following service charges:
Travel day per diem rate:………….……………………………………………………….…..…$50.00/day Site service per diem rate:………………………………………………………………………. $70.00/day Work day per diem rate (12 or more hours travel and site time in one day – no overnight stay) .$50.00/day International Travel day per diem rate:…………………………………………………….….... $75.00/day International Site service per diem rate:……………………………………………………....… $95.00/day
Terms and Conditions
Service quotations are based upon the understanding given for the scope of activities. It does not consider any unusual or unforeseen equipment requirements/conditions, parts, handling, material and tooling requirements, delays, or additional onsite requests.
Purchaser shall provide, at no charge to Centrisys, whatever assistance may be required under local conditions for safe, efficient and proper performance of the service. Waiting time that is beyond the control of Centrisys personnel shall be paid as if it were work time.
Service is sold on a “best effort” basis. There is no guarantee that a service technician/engineer will fix the problem at that time. Time and expenses are still due.
Price/Payment:
The price for service will be at the rates published and in effect at the time the service is performed.
Terms are net cash 30 days.
Centrisys has no obligation to provide service to a customer with a past due balance.
A PO, or accepted terms in writing; are required prior to scheduling a site visit.
Warranty:
Warranty service determination is only provided during normal work hours/days.
Customer requests for warranty work on an overtime basis will be considered. The customer will be responsible for the premium rate for the overtime hours.
Centrisys will not be made liable for any gratuitous information or assistance whatsoever given by any of its field engineers or contracted third party service people, concerning parts, products or service supplied by them. Parts, materials, supplies, test instruments, or rentals supplied by Centrisys, for the service to be performed are billable to the user at the prevailing rates at that time, plus freight to and from site.
Centrisys maintains the following insurance coverage:
Workers Compensation and Employee’s Liability Insurance, Comprehensive and General Liability, Auto Liability and Property Damage.