HomeMy WebLinkAbout20-083 - Materials Testing & Consulting, Inc - Compaction Testing ServicesCityofNWILA
Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
20-083
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, VVaehington, hereinafter
referred to as "the City", and Materials Testing & Consulting, Inc., hereinafter referred to as "the
Consu|tmnt", in consideration ofthe mutual benefito. Aarnno, and conditions hereinafter specitied.
1. Project Designation. The Consultant is retained by the City to perform compaction testing
services in connection with the project titled 2020 Strander Blvd and Andover Park East
Sewer Repair.
2. Scope of Services. The Consultant agrees to perform the servicea, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2020, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The
Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than December 31. 2020 unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as foliows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $3.550.00 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work perfornned,
services rendered, and for alt nna1erio|e, oupp|iea, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documen1o, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copieo, including reproducible
oop|em, of drawings and specifications for infornmaUon, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
docunnants, dravvings, specifications or other materials by the City on any project other than
the prject specified in this Agreement.
6. Compliance with Laws. The Consultant shm||, in performing the services contemplated by
this AOnee,nent, faithfully observe and comply with all federa|, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its oMioers,
offic|o|o, employees and volunteers harmless from any and all c|ainns, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its oMioers, oMicia|o, ennp|oyeea, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 F|CVV, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
D. Insurance. The Consultant shall procure and maintain for the duration of the Agreament,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Connu|tent, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the iimits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1.000.000 per accident. Automobile Liability
insurance shall cover all ovvned, non-mvvned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 ore
substitute form providing equivalent liability coverage. If neceeoery, the policy
shail be endorsed to provide contractuai Iiabiiity coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2.00O.00Ogeneral aggregate. Commercial General LiabiIity
insurance shall be at Ieast as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal ijury and advertising ijury. The City shail be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at Ieast as broad as iSa endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
CA revised May 2020
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for
the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Contraotor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to oontain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any |nauranoe, ee|Anauranoe, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
D. Acceptability Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not Iess than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endmreemnento, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the bneaoh,
immediately terminate the contract or, at its diacnet|nn, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on donnaod, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
S. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance progromn, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or peroon, other than a bonafide employee working solely for the
Conou|tent, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or peroon, other than a bonafide employee working solely for the Conou|tant, any
fee, connnniss|on, percentege, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without |imbi|ity, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Aoreennert, will not discriminate on the grounds of race, ny|igion, cread, co|or, national origin,
age, veteran ctstuo, sex, sexual or|entetion, gender identitv, marital oteduo, political aMiUaUon,
the presence of any dieobi|itv, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Term ination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a nnennber, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply vvith, all applicable federo|, state and local |avva,
negu|ations, and ru|es, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, orbitraUon, or other proceeding is
instituted to enforce any term of this Agneonnent, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the connp|edon, expiration or cancellation of this ADnsennent, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the foliowing address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the foliowing address:
Materials Testin& Consulting, Inc.
4611 South 134mPlace, Suite 24O
Tukwila, WA 98168
18. Entire Agreement; Modification. This Aonaemart, together with attachments or addendo,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiat|ono, repm*oentaUona, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
DATED this
12
day of q
CITY OF TUKWILA CONSULTANT
Hari Ponnekanti, P.E., Public Works Director
CA revised May 2020
By: 24
Printed Name: Curtis Shear
Title: Owner
Page 5
Date: August 14, 2020
Client Name: City of Tukwila
Address: 6300 Southcenter Blvd. Tukwila, WA 98188
Email: adib.altallal(igukwilawa.gov
Architect: R112
Exhibits A & B
Contact: Adib Altana!
Phone: 206-431-2441
Fax:
Based on Plans Dated:
bid
Project Name / Location: Strander Blvd and Andover Park Sewer Repair PROJECT #91140203
Materials 'resting & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials testing
and special inspection services during construction of the above -referenced project.
Combined with our past experience with projects of similar size and scope, we estimate the total cost of our services for this project to be:
(()I) Earthwork & Aspbalt Services
Item Unit
1PD-S - Trench Compaction Hour
IPD-A - Asphalt Paving Hour
SAMPU - Sample Pickup if Required (Allowance) Flour
Subtotal - Earthwork & As halt Services:
Q
'.,((kzpg:4040#to*,,j6T0(4wfott;*0(htwooloomAi$.0441t
Item
PROC - Moisture Density Relationship/Proctor with Sieve- CSTC and Natives
SE - Sand Equivalent
FRAC - Fracture Percentage
EXT - Asphalt Extraction with Gradation ( optional)
RICE - Rice Densq
6
Ra te
$ 70.00
$ 70.00
$ 70.00
Total
Unit Quantit Rate
Each 3 $ 275.00
Each I $ 90.00
Each 1 $ 60.00
Each I $ 250.00
Each 1 $ 95.00
Subtotal - Laborator for Earthwork & As halt:
Item
PM - Project Manager
Unit Quantit Rate
Hour 4 $ 85.00
Subtotal - Pro'ect Mana:ement & Consultin: Services:
Budget Estimate for Services - Total: $
1,400.00
420.00
70.00
1,890.00
Total
825.00
90.00
60.00
250.00
95.00
1,320.00
Total
340.00
340.00
3,550.00
• Prices are subject to change if this agreement is not executed within 90 days from the date of the bid.
• All services will be provided on a time and materials basis. The total is an estimate the actual construction cost will be based on the project schedule
and sequencing. The estimate is not a guaranteed price. A four hour minimum charge applies to all work performed, billing is also based on a portal to
portal basis. A premium rate of 1.5 times the regular rate will he charge for overtime and 2 times the regular charge for Sunday's and holidays.
• MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee
schedule. Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions.
• In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our staff of highly
certified professionals, and their many years of experience make MTC the choice for this or any project.
Respectfully Submitted,
Deane Ramsdell
360.508.6336
Client Authorized Signature
Printed Name & Title Date
Environmental • Geotechnical Engineering • Special Inspection • Non -Destructive Testing • Materials Testing
Burlington • Olympia • Bellingham • Silverdale • Tukwila
p: 360.755.1990 • f: 360.755.1980 • www.mtc-inc.net
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