6/30/2018 1:12:57 AM
6/29/2018 12:36:42 PM
Guemes Channel Trail Phase VII Construction Engineering
Capital Asset [GS2011-169 Rev. 2]
Herrigstad Engineering & Surveying
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City of Anacortes and Herrigstad Engineering&Surveying <br /> Contract 13-016-TRN-003 <br /> The following information shall be included (i) a description of the supplies or services to be <br /> subcontracted, (ii) identification of the type of subcontract to be used (iii) identification of the <br /> proposed Subconsultant, (iv) proposed subcontract price. <br /> Unless consent or approval specifically provides otherwise, consent by the City shall not <br /> constitute a determination— <br /> (1) of the acceptability of any subcontract terms or conditions; <br /> (2) Of the allowability of any cost under this contract,; or <br /> (3) To relieve the Consultant of any responsibility for performing this Contract. <br /> The Consultant shall give immediate written notice, reference Article 27 Notices, of any action or <br /> suit filed and prompt notice of any claim made against the Consultant by any Subconsultant or <br /> vendor that, in the opinion of the Consultant, may result in litigation related in any way to this <br /> contract, with respect to which the Consultant may be entitled to reimbursement from the City. <br /> 6. Invoicing. Each invoice shall include: <br /> Invoices shall include the following information: Company Name, Invoice Date, Due Date (30 <br /> days), Invoice Number, Invoice Period, City of Anacortes Project Number, Project Title, Original <br /> Agreement Price, Amendment Price and Current Agreement Price. Invoices shall include actual <br /> hours worked by Period, by Labor Category. <br /> The City shall notify the Consultant within fifteen (15) calendar days from receipt of invoice if <br /> there are any objections or disputes with the invoice. The Consultant shall then resubmit a new <br /> invoice less the disputed amount and payment shall be made within 30 calendar days. Any <br /> disputed amounts may be submitted under the Disputes Article contained herein. <br /> 7. Ownership and Use of Documents. All finished and unfinished documents and material <br /> prepared by the Consultant with funds paid by the City pursuant to the terms of this Agreement <br /> shall become the property of the City and shall be forwarded to the City upon its request. <br /> Documents and materials shall include but not be limited to plans, specifications, reports, <br /> electronic and non-electronic data, and other design documents prepared by the Consultant. <br /> Pursuant to RCW 42.56.70, all information and documents produced under this Agreement may <br /> be subject to public disclosure. <br /> 8. Defense and Indemnity Agreement. The Consultant shall defend, indemnify and hold the <br /> City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, <br /> damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or <br /> omissions of the Consultant in performance of this Agreement, except for injuries and damages <br /> caused by the sole negligence of the City. Should a court of competent jurisdiction determine that <br /> this Agreement is subject to RCW 4.42.115, then, in the event of liability for damages arising out <br /> of bodily injury to persons or damages to property caused by or resulting from the concurrent <br /> negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the <br /> Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent <br /> of the Consultant's negligence. It is further specifically and expressly understood that the <br /> indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial <br /> Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been <br /> mutually negotiated by the parties. The provisions of this Article shall survive the expiration or <br /> termination of this Agreement. <br /> Page-2-of8 <br />
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