2025-03-11-minutes-solid-waste-and-maintenance

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N3PCS structural Solutions TERMS AND CONDITIONS This schedule of TERMS AND CONDITIONS is part of the AGREEMENT FOR STRUCTURAL ENGINEERING SERVICES between PCS Structural Solutions, Inc. ("PCS") and Kittitas County Facilities ("Client") concerning the project identified as Kitiitas ArmQry Truss Repairs ("the Project"). THE AGREEMENT FOR STRUCTURAL ENGINEERING SERVICES, including this schedule of TERMS AND CONDITIONS is referred to as "this Agreement_" STANDARD OF CARE: PCS will perform its services in a manner that is consistent with the degree of care and skill prevailing amongst other structural engineers performing services in Washington under similar circumstances. OWNERSHIP OF DOCUMENTS: All documents produced by PCS under this Agreement shall remain the property of PCS and may not be used by Client for any other endeavor without the wrrkten consent of PCS Client releases and shall defend and indemnity PCs and its personnel against claims arising out of Client's unauthorized use of the documents. CLIENT FURNISHED INFORMATION: PCS is entitled to rely upon the completeness and accuracy of information and documents pertinent to the Project furnished by or on behalf of Client- GEOTECHNICAL INVESTIGATION: PCS will not perform a geotechnical investigation. PCS recommends that Client engage a geotechnical engineering consultant to perform a geotechnical investigation to determine subsurface sails conditions and foundation criteria and to issue a report. If Client does not furnish a geotechnical report, PCS will assume that the provisions of Chapter 18 of the 2021 International Building Code (IBC) shall apply and will base the design on that assumption. if Client does not furnish a geotechnical report, Client shall release PCS from and shall defend and indemnify PCS against, all claims, liabilities, losses, damages and costs related to or arising out of adverse building performance resulting from soils conditions that do not meet the design criteria assumed by PCS in accordance with this provision. EXISTING CONDITIONS: Unless specifically stated otherwise in this Agreement, PCS has no responsibility to discover conditions in an existing structure that are not visible to the naked eye without removing existing finishes or elements. Client acknowledges that hidden conditions could have a significant impact on the scope of services required and on the scope of the Project. HAZARDOUS MATERIALS. PCS has no responsibility for the discovery, presence, handling, removal or disposal of, or for the exposure of persons to, hazardous materials or toxic substances in any form at the Project site. CONSTRUCTION PHASE. The structure will be designed to resist code required vertical and lateral forces after the construction of all structural elements has been completed. Stability of the structure prior to completion is the responsibility of the Client's construction contractor PCS shall not be responsible for means, methods, procedures, techniques, or sequences of construction. PCS shall have no responsibility for job site safety or for safety programs in connection with the construction. PCS shall have no responsibility for any failure on the part of any construction contractor to carry out the work in accordance with the construction documents. Unless specifically stated otherwise in this Agreement, PCS will not perform inspection services during construction it the services include review of shop drawings or other submittals, the review is conducted for the limited purpose of checking for conformance with the information given and the design intent expressed In the structural drawings and not forthe purpose of determining the accuracy or completeness of dimensions, quantities or details for installation, PCS Is entitled to rely upon the completeness and accuracy of the services, certifications and approvals performed or provided by design professionals whose professional seals appear on shop drawings or other submittals. TERMINATION: This Agreement may be terminated by Client or by PCS should the other fail to perform Its obligations hereunder. In the event of termination, Client shall pay PCS for all services performed up to the date of termination. if Client fails to make payments to PCS in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at PCS's option, cause for suspension of performance of services under this Agreement, In the event of a suspension in accordance with this provision, PCS shall have no liability for costs and/or damages associated with the suspension, and the PCS's compensation and the schedule for performance shall be equitably adjusted if the services are resumed. MUTUAL WAIVER OF SUBROGATION: To the extent damages are covered by insurance carried by or for the benefit of PCS, PCS waives all claims for damages against Client and its personnel unless such a waiver is prohibited by the applicable insurance policy or policies. To the extent damages are covered by insurance carried by or for the benefit of Client, Client waives all claims for damages against PCS and its personnel unless such a waiver is prohibited by the applicable insurance policy or policies. INDEMNIFICATION: To the fullest extent permitted by law, Client shall defend and indemnify PCS and its principals and employees against all clalms, damages, liabilities and costs (including attorney fees and expert witness fees) arising out of or related to the performance of, or the subject matter of, this Agreement except to the extent caused by the negligence or intentionally wrongful act of PCS, Client is not required to defend or indemnify PCS or its principals or employees against Claims, damages, liabilities or costs that are caused by the sole negligence of PCS or its principals or employees. In the event that claims, damages, liabilities and/or costs are caused by the concurrent negligence of Client on the one hand and PCS or Its principals or employees on the other, Client's obllgation to defend and indemnify is limited to the extent of Client's negligence. MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES: Client and PCS waive consequential damages against each other for claims or disputes arising under or related to this Agreement.