Res-2018-142 Bowers Field Master Plan Update

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ENGINEERING CONSUL TING • TERMS AND CONDITIONS 1. SERVICES : Engineer agrees to perform the Scope of Services (Services) under the following terms and conditions. Additional Services will be provided only by written amendment to this Agreement. 2. TIMES OF PAYMENTS: Engineer will submit invoices on a month ly basis for it.he unbilled porllbfl of Services -actuall y comp leted . Client will pay the Invoice with n 30 days of the invoice da te, Accou nts rernaTnlng unp aid aft er said 30 days WIil be considered delinquent and assessed a late payment charge (currently at the rate of 1 1/2% per month) calculated each month from the date of the invoice . Engineer reserves the right to suspend all Services until account delinquencies have been remedied . 3. OPINIONS OF COST: Because Engineer has no control over the cost of labor, materials, equipment or Services furnished by others, or over contractors' methods of determining prices, or other com petitive bid ding or market conditi ons, any cost estima tes provided by Eng ineer will be made on the basis of e~per!e nc e and judgment. Engineer can not-and doe~ not g uaran tee tha t proposa ls, bids or actua l Pro ject construction costs will not vary. from op inions of probable costs prepared by Engineer. 4. CLIENT-PROVIDED INFORMATION: Client will make available to Engineer, all information readily available to Client regardin g exi sting a,id proposed cond itions of the site Whi ch will ai d Engi neer in its performance of Services. Enginee r shall be en ti tled to rely, wi tho ut further Inquiry or i,westlgallon. o n all information furnished to Engineer by Client. Client agrees to advise Engineer of any hazardous substances or any condition existing in, on or near th e site presenting a po ten tial danger to hum an health, the enviro nm ent, or eq ui pment Client will immediately transmit to Engineer any new information which becomes available to Client which may have a bearing on Engi nee r's perform ance of Ser:vices or which re la tes to 11tormation Er,gln_ee r has requ ested from Client. If any haza rds, not disclosed to Eng ineer, are discovered after the Services are undertaken, Client and Engineer agree that the Scope of Services, time schedule and rate schedule shall be modified accordingly . 5. STANDARD OF PERFORMANCE: Engineer represents that Services will be performed within the limits prescribed by Client, and that its findings, recommendations, specifications and/or pro fessional advice provided hereunder will be prepared and presented In a mpm1er consistent with the level o f aare and skill ordinarily exercised by other professionals under s imilar circur:nsiances at the time the Ser:vlces ~re performed. 6. ACCESS, APPROVALS, PERMITS: Client shall arrange for access to and make all provisions for Engineer to enter onto pub llc and pri vate property as req uJred fo r Engineer to perform the Servi ce s. Un less oth erwise agreed, Client will be sole ly respo nsible for applying for and obtain ing such permi ts and approvals as may be necessary for Engineer to perfo rm the Services . Page 1 of 2 7. REUSE OF DOCUMENTS: All documents, including computer files, drawings and specifications, prepared by Engineer pursuant to this Ag reement shall remain the property of Engineer and are instruments of service with respect to the Project. They are not intended or represented to be suitable for reuse by Client or others on extensions of the Services provided for the Project under this Agreement or on any other project. Any reuse without written authorization , certification or adaptation by Engineer for the specific purpose intended will be at Client's sole risk and without liability to Engineer. 8. ASBESTOS/PCBs: All asbestos/PCB related Services are excluded from Engineer's Scope of Services. Client shall notify Engineer at the start of the Project if the presence of asbestos/PCBs on the project is suspected. If asbestos/PCBs are suspected or encountered, Engineer will stop its own work to permit proper testing and evaluation . If requested as an additional Service, Engineer will assist Client in contacting regulatory agencies and/or identifying appropriate testing laboratories. 9. SUBMITTAL REVIEW: Review by Engineer of submittals by contractor is only for general conformance with the design concept of the Project and general compliance with the information given in the 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 by the Engineer is subject to the requirements of the plans, spec ifications and other Contract Documents . Client shall indemnify Engineer against any claim by any contractor based on the review. 10 . ENGINEER AT CONSTRUCTION SITE: The presence or duties of Engineer's personnel at the construction site , whether as on-site representatives or otherwise, do not make Engineer or its personnel in any way responsible for those duties that belong to the Owner and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations , duties and responsibilities, including but not limited to, all construction methods , means, techniques, sequences and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions requ ired 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 no duty for inspecting, noting, observing, correcting or reporting on health or safety deficiencies of the construction contractor or other entity or any other persons at the site except Engineer's own personnel. ~/HCENTURY .qg w ES T