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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.