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<br />R. W. Beck and Associates
<br />
<br />PART III - STANDARD PROVISIONS
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<br />
<br />III.A.
<br />
<br />Consulting Engineer's Organizations
<br />
<br />R. W. Beck and Associates is a pal'tner-
<br />ship and R. W. Beck and Associates, Inc. is a cor-
<br />poration controlled by the partnership. Both enti-
<br />ties are organized and operating under the laws of
<br />the State of Washington. It is expressly agreed that
<br />the partnership may be changed by addition or re-
<br />duction in the number of Lle partners or redistri-
<br />bution of the partnership interests and this Agree-
<br />ment may be assigned to the partnership or to the
<br />corporation. The Consulting Engineer may assign
<br />the compensation from this Agreement to any other
<br />entity.
<br />
<br />III.B.
<br />
<br />Professional Services
<br />
<br />The Consulting Engineer shall be consul-
<br />tant and ad"isor to the Clienta.nd shall not be agent
<br />or representative of the Client. The Consulting Er"-
<br />gineer represents that the services furnished under
<br />this Agreement will be in accordance with general-
<br />ly accepted profes sional practice s. Any e stirnate
<br />of cost of equipnlent, construction, ownership or
<br />operation furnished by the Consulting Engineer shall
<br />be the Consulting Engineer's opinion based upon its
<br />professional judgment and experience. The Con-
<br />sulting Engineer makes no other representation or
<br />warranty, express or implied.
<br />
<br />III.C.
<br />
<br />Change in Scope and Delays
<br />
<br />1. If the provisions for pa yment in this Agree-
<br />ment provide for a fixed fee or a maximum payment
<br />for services, such fee or maximum is for the Scope
<br />of Services described in the Agreement. If the
<br />Scope of Services is modified so that more or less
<br />work or time is required, and such modification is
<br />approved by the Client and the Consulting Engineer,
<br />the fee or maximum and the time will be equitably
<br />adjusted.
<br />
<br />2. In the event of delays in or failures of per-
<br />formance of the Consulting Engineer caused by cir-
<br />cumstances beyond its control, the Consulting En-
<br />gineer's fee or maximum and the time allowed shall
<br />be equitably adjusted, and such delays or failures
<br />shall not constitute a default or give rise to any
<br />claim against the Consulting Engineer.
<br />
<br />III.D.
<br />
<br />Relating to Payment
<br />
<br />1. The Consulting Engineer's "Salary Costs"
<br />allow for basic salary and per:wnnel benefits, in-
<br />cluding: life, accident and medical insurance; sick
<br />leave, holiday and vacation pay; social security,
<br />workrnen's cOlnpensation, unemployment compen-
<br />sation and pension retirement contributions; and
<br />similar employnlent-related costs. Basic salary
<br />per hour shall be twelve times cun"cnt monthly sal-
<br />ary for employees or current n:011thly drawings in
<br />lieu of salary for partners, exclusive of overtime,
<br />bonus or other profit participation payrnents, di-
<br />vided by 2.,080.
<br />
<br />2. The Consulting Engineer's "Out-.of- Pocket
<br />Expenses" are those expenditures made by the Con-
<br />sulting Engineer, other than Salary Costs, costs of
<br />reproduction and computer facilities and costs of
<br />Special Consultants and Subcontractors, which are
<br />directly chargeable to the Project and which would
<br />not otherwise have been incurred. Such expendi-
<br />tures include, but are not limited to, transpol'ta-
<br />tion, lodging, subsistence, conlmunications, lia-
<br />bility and other insurance prentiUlns when required
<br />by the Client in addition to the types and amolmts
<br />currently carried by the Consulting Engineer, taxes
<br />other than those levied on the profits or net income
<br />of the Consulting Engineer, equipment rentals and
<br />repair, and special mailing, forms, n.aterials and
<br />supplie s required during the progre s s of the work.
<br />Reimbursement for out-of-pocket expenses shall be
<br />an amount equal to the cost thereof.
<br />
<br />3. In event of the inability 01' failure of the
<br />Client to pay as agreed, interest commencing sixty
<br />days after the date of invoice shall be paid by the
<br />Client to the Consulting Engineer on the last day of
<br />each month on all unpaid amoUllts due the Consult-
<br />ing Engineer at the interest rate then currently
<br />available to the Consulting Engineer at the Rainier
<br />National Bank of Seattle.
<br />
<br />III.E.
<br />
<br />Insurance
<br />
<br />The Consulting Engineer shall maintain in
<br />effect, to the extent that such insurance is avail-
<br />able at reasonable cost, employer's liability, pro-
<br />fessionalliability, comprehensive general liability
<br />(bodily injury and property damage) and con.pre-
<br />hensive automobile lia bility (bodily injury and prop-
<br />erty damage) insurance with respect to en.ployees
<br />and vehicles of the Consulting Engineer assigned to
<br />the prosecution of work under this Agreenlent in a
<br />maximum amount not less than $5,000,000 and stat-
<br />utory worknlen's compensation protection. Upon
<br />written request, the Consulting Engineer will sup-
<br />ply to the Client a description of each such insur-
<br />ance policy currently in effect, specifying the
<br />amount thereof. The Consulting Engineer will ob-
<br />tainand thereafter maintain in effect, if reasonably
<br />available, such additional insurance as lnay be r'~-
<br />quested by the Client, the cost of whieh shall be re-
<br />imbursed by the Client.
<br />
<br />1ll.F.
<br />
<br />Liability
<br />
<br />1. The Consulting Engineer shall defend, in-
<br />demnify and hold harmless the Client and its gov-
<br />erning board, officers, agents, ernployees and ser-
<br />vants front all sums for which it is finally deter-
<br />mined that the Consulting Engineer has legal lia-
<br />bility to other than the Cl.ient arising out of any acts,
<br />errors or omissions of the Consulting Engineer in
<br />furnishing services pursuant to this Agreement;
<br />provided, however, such de fen se. indernnificatiOl:
<br />and hold harmless shall. not exceed the sum of the
<br />amounts paid to or on behalf of the Consulting En-
<br />gineer as the proceeds of any applicable insurance
<br />plus the deductible alnount of such insurance.
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