6/30/2018 1:12:26 AM
6/29/2018 12:36:02 PM
Design and Specifications for Guemes Channel Trail Design
Capital Asset [GS2011-169 Rev. 2]
Herrigstad Engineering & Surveying
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IV Time for Beginning and Completion <br /> The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the <br /> AGENCY. <br /> All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under <br /> completion date. <br /> The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but <br /> may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable <br /> delays caused by an act of GOD or governmental actions or other conditions beyond the control of the <br /> CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established <br /> completion time. <br /> V Payment Provisions <br /> The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this <br /> AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such <br /> payment shall be full compensation for work performed or services rendered and for all labor,materials, supplies, <br /> equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable <br /> portions of 48 CFR Part 31. <br /> A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State <br /> Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. <br /> VI Sub-Contracting <br /> The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this <br /> reference made part of this AGREEMENT. <br /> Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." <br /> The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been <br /> issued by the AGENCY. <br /> All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be <br /> substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of <br /> this AGREEMENT. <br /> With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt <br /> Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. <br /> The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior <br /> written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub- <br /> contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum <br /> amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project <br /> Development Engineer in consultation with the AGENCY. <br /> VII Employment <br /> The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide <br /> employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to <br /> pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, <br /> commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or <br /> making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this <br /> AGREEMENT without liability or, in its discretion,to deduct from the AGREEMENT price or consideration or <br /> otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. <br /> Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or <br /> services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the <br /> CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's <br /> Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a <br /> Page 3 of 8 <br />
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