HomeMy WebLinkAboutCentury West Engineering - Engineering Consulting Services AgreementRWACENTURY
WCEST
141111-11141ROW, AIR 16014
By this Agreement dated March 23, 2019. City of Yakima (Client) authorizes Century West Engineering Corporation
(Consultant) to cony out and complete the following Services in consideration of the mutual covenants set forth in this
Agreement and the ENGINEERING CONSULTING TERMS AND CONDITIONS.
Project: Yakima Air Terminal (Owner City of Yakima)
IFE Services for the Runway 9/27 HIRL System & Cracksealing Design
Project No.: 10074.005.01
Prepare anindependent fee estimate of design engineering services for the Runway 9/27 HIRL System & Cracksealing
Project. Century West will utilized the scope of work and blank fee spreadsheet provided by the Client.
The |FEcompletion date will be2weeks from either the contract notice toproceed date issued bythe Client, orthe date
in which the IFE scope and spreadsheet are received from the Client (whichever is later).
The |FEservices contract amount iaset et$2.O0O(Lump Sum).
Contract Attachments:
Exhibit A:Century West Engineering Consulting Terms &Conditions
City ofYakima Century West Engineering Corporation
By: By: Kurt Addicott
Title: kt, rhAA�,� Title: . , Senior Project Manager
CITY CONTRACT NO:
Date:_
-
' Date'
2019.03.22
^ l2]6:52 -07'0O
t SERVICES: Engineer agrees to pedbnn the Scope of
Services (Services) under the following 0unne and conditions.
Additional Services will beprovided only bywritten amendment
bothis Agreement,
2. TIMES QrPAYMENTS: Engineer will submit invoices ona
monthly basis for the unbilled portion of Services actually
completed. Client will pay the invoice within 30 days of the
invoice date, Accounts remaining unpaid after said 3Odays will
beconsidered delinquent and assessed elate payment charge
(currently atthe rate of11/3Y6per month) calculated each month
from the de0m of the invoice. Engineer moemem the right to
suspend all 8amimya until account delinquencies have been
remedied,
3. OPINIONS OF COST: Because Engineer has nocontrol over
the cost uflabor, materials, equipment urServices furnished by
uthers, or over contractors' methods of determining phues, or
other competitive bidding or market oondihunm, any oumt
estimates provided by Engineer will be made on the basis of
experience and judgment, Engineer cannot and does not
guarantee that pmpooa|a. bids or actual Project construction
costs will not vary from opinions ofprobable costs prepared by
Engineer,
4. CLIENT -PROVIDED INFORMATION: Client will make
available to Engineer, all information readily available 0uClient
regarding existing and proposed conditions ofthe site which will
aid Engineer inits performance ofServices, Engineer shall bo
entitled to np|y, without further inquiry or investigation, on all
information furnished to Engineer by Client, Client agrees to
advise Engineer ofany hazardous substances urany condition
existing in, onornear the site presenting apotential danger ho
human haa|th, the envimnmen1, or equipment. Client will
immediately transmit hu Engineer any new information which
becomes available to Client which may have a bearing on
Engineer's performance of Omn/ines or which relates to
information Engineer has requested from Client, |fany hazards,
not disclosed to Engineer, are discovered after the 8eminaa are
undertak*n. Client and Engineer agree that the Scope of
8emicea, time schedule and rate schedule shall be modified
ouounding|y,
5.STANDARD oFPERFORMANCE: Engineer represents that
Services will beperformed within the limits prescribed hy C|ient,
and that its findings, rennmmende1iono, specifications and/or
professional advice provided hereunder will be prepared and
presented inamanner consistent with the level ofcare and skill
ordinarily exercised by other pm8aauiona|a under similar
circumstances at the time the Services are performed.
6. ACCESS, APPROVALS, PERMITS: Client shall arrange for
mnoeuu to and make all provisions for Engineer to enter onto
public and private property ourequired for Engineer hmperform
the Services. Unless otherwise agread. Client will be solely
responsible for applying for and obtaining such permits and
approvals as may be necessary for Engineer to pehbmn the
Services,
7. REUSE OF DOCUMENTS: All documents, including
computer files, drawings and mpeofioatiomo, prepared by
Engineer pursuant tuthis Agreement shall remain the property of
Engineer and are ina1mmon1e of service with respect to the
Project. They are not intended orrepresented tnbesuitable for
reuse byClient urothers onextensions ufthe Services provided
for the Project under this Agreement oronany other project. Any
reuse without written authorization, certification oradaptation by
Engineer for the specific purpose intended will bea1Client's sole
risk and without liability 0nEngineer,
Ni ASBESTOS/PCBs: All asbestos/PCB related Services are
excluded from Engineer's Scope ufServices. Client shall notify
Engineer at the start of the Project if the presence of
asbestos/PCBs onthe project iesuspected. |fesbestoe/PCBs
are suspected orencountered, Engineer will stop its own work 10
permit proper testing and evaluation. If requested as on
additional Service, Engineer will assist Client incontacting
regulatory agencies and/or identifying appropriate testing
laboratories,
9. SUBMITTAL REVIEW: Review byEngineer ofsubmittals by
contractor is only for general conformance with the design
concept of the Project and general compliance with the
information given inthe Contract Documents. The review does
not affect the contractor's responsibility to perform all contract
requirements with no change in contract price or time. Any
action taken bythe Engineer insubject 0mthe requirements ufthe
plans, specifications and other Contract Documents. Client shall
indemnify Engineer against any claim byany contractor based on
the review,
10. ENGINEER AT CONSTRUCTION SITE: The presence or
duties ofEngineer's personnel atthe construction site, whether
ouon-site representatives urotherwise, dunot make Engineer or
its personnel inany way responsible for those duties that belong
&othe Owner and/or the construction contractors orother entities,
and donot relieve the construction contractors orany other entity
oftheir obligations, duties and responsibilities, including but not
limited to, all construction methnds, means, teohniquee,
sequences and procedures necessary for coordinating and
completing all portions of the construction wm,h in accordance
with the Contract Documents and any health or safety
precautions required by such construction work. Engineer and
its personnel have no authority to exercise control over any
construction contractor or other entity or their employees in
connection with their work or any health or safety precautions
and have noduty for inspecting, noting, observing, correcting nr
reporting on health or safety deficiencies of the construction
contractor orother entity urany other persons atthe site except
Engineer's own personnel.
11. INDEMNIFICATION AND INSURANCE:
(a) Client agrees 0m indemndy, hold harmless and defend
Engineer, its directors, officers, agents and employees, from and
against any and all liabilities, claims, penalties, forfeitures, suits
and the cost and expenses incidental thereto, including but not
limited to reasonable attorney fees, which Engineer may
hereafter incur, become responsible for orpay out omaresult uf
death orbodily injuries 0many person, destruction ordamage 0o
any pmpedy, contamination of or adverse effects on the
environment urany violation ofgovernmental laws, regulations or
orders caused by (1)Client's breach ofany term urprovision of
this Agreement; (2)Client's negligent urwrongful act oromission
|nthe performance ofthis Agreement; or(3) Client's generation,
storage orrelease ofwaste products including hazardous waste''
(b) Engineer sgnaea to indemnify, hold honn|eao and
defend Client, its directors, officers, agents and employees, from
and against any and all liabilities, claims, penalties, forfeitures,
suits and the cost and expenses incidental thereto, including but
not limited to reasonable attorney fees, which Client may
hereafter incur, become responsible for urpay out asaresult uf
death erbodily injuries bzany person, destruction ordamage tu
any pmperty, contamination of or adverse effects on the
environment urany violation ofgovernmental laws, regulations or
orders caused byEngineer's (1) breach ofany term orprovision
of this Agreement; or (2) any negligent or wrongful act or
omission inthe performance ufthis Agreement,
(c) In the event any claim arises as a result of the
oonnurnent negligence ofEngineer and Client, liability will be
determined on the basis of the doctrine of comparative
negligence. Each party uheU promptly notify the other party, in
writing, ofany threatened oractual claim, action, orproceeding.
Engineer and Client shall jointly control the defense.
(d) Notwithstanding any other provision contained inthis
Agreement, neither party shall beliable 0othe other party for any
indiect, incidente|, special or consequential damages of any
Nnd, including without limitation, |ue1 profits or loss of use,
regardless ofthe cause, including negligence,
(e) Upon request, Engineer will provide Client with
Certificates of Insurance for Workers Compensation, General,
Auto and Pmfoaeianu| Liability coverage. Client agrees to
maintain, during the performance ofServices, general liability
and automobile liability insurance in the amount ofone million
dollars ($1,000,000),
12. LIMITED LIABILITY: Client agrees that Engineers
liability to C|hmm¢ contractors, subcontractors, and their
agents, employees and consultants, and tmall other third
parties which may arise from mrbedue directly orindirectly
oothe negligent acts, errors and/or omissions ofengineer,
its ugenmo, employees or consultants shall be limited moa
continued aggregate not to exceed *100'000 or the total
amount paid infees Vm Engineer, whichever iw greater.
Page sovu
13. TERMINATION: Either party may terminate this Agreement
upon thirty (3U)days written notice Vzthe other, Either party may
terminate this Agreement immediately inthe event ufematerial
breach by the other party to perform in accordance with the
0omne hereof but only if said breach is through no fault of the
terminating party and said bnaooh is not corrected before the
date of termination. If this Agreement terminates for Force
Majeure, Client shall pay Engineer for all Services authorized
and performed prior to the Vamninmhon date inc|uding, if
applicable, aprorated lump sum fee.
of this Agreement. The covenants, conditions and terms of this
benefit of the heirs, personal representatives, successors and
assigns of the parties hereto,
16. MISCELLANEOUS:
(a) This Agreement shall be governed by the laws of the
State of Washington.
(b) Any claim brought by Client against Engineer must be
brought no later than two years after the date of substantial
appropriate statute of limitations, whichever is earlier,
(c) In the event this Agreement should be referred to an
attorney at law or agent for collection, Client agrees to pay such
is instituted, In the event an action is instituted to enforce any of
pay to the prevailing party, in addition to the costs and
adjudge reasonable as attorney's fees in such action, in both trial
and appellate courts,
(d) No waiver by either party of any provision of this
writing and signed by the party to be bound,
(e) The terms and conditions of this Agreement contain a
series of separate agreements. If in any proceeding a court or
any unenforceable agreement shall be deemed reduced or
proceeding, but only to the extent necessary to permit the
remaining agreements to be enforced in such proceeding,
(f) This Agreement constitutes the entire agreement
between Client and Engineer regarding the Services and
zupersedes all prior or contemporaneous oral or written
representations or agreements. This Agreement shall not be
modified except by a written document signed by both parties.