Loading...
HomeMy WebLinkAbout20-034 - Mayes Testing Engineers, Inc - Public Works Fleets & Facilites Building Condition SurveyJ Ir City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 20-034(c) Council Approval N/A CONTRACT FOR SERVICES Amendment No. 3 Between the City of Tukwila and Mayes Testing Engineers, Inc. That portion of Contract No. 20-034 between the City of Tukwila and Mayes Testing Engineers, Inc. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform testing services in connection with the project titled Tukwila Public Works Fleets & Facilities Building Condition Survey. Section 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, 2022, 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, 2022 unless extension of such time is granted by writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this 23rd CITY OF TUKWILA day of November C7/(la'i Shoe/kg Key: aSclicltlfalcb.a3,017eftla00.1Dff , 2021. Allan Ekberg, Mayor 11/23/2021 ATTEST/AUTHENTICATED 'ht V- t-9 67 Bey Key: Oae,c1c1D1.2ab011Jelfa.,,eeca,f5,, CONTRACTOR Beckerle, Digitally Be kele,TiGerle Time ou=General Users, Tin1 G email=Tbeckerle@Mayestesting com Date'. 2021.11.02 07'.44'.23 -07'00' Timothy G Beckerle, Principal APPROVED AS TO FORM Key: 632,1105.1.7,25cc151,21,61:,351fc5 Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA Agreement Number: 20-034(b) CONTRACT FOR SERVICES Amendment No. 2 Between the City of Tukwila and Mayes Testing Engineers, inc. That portion of Contract No. 20-034 between the City of Tukwila and Mayes Testing Engineers, Inc. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform testing services in connection with the project titled Tukwila Public Works Fleets & Facilities Building Condition Survey. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 4 Payment: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $34,296.00 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $19,996. All other provisions of the contract shall remain in full force and effect. Dated this 29th day of January , 2021. CITY OF TUKWILA CONTRACTOR - - - Allan Ekberg, Mayor 01/29/2021 ATTEST/AUTHENTICATED Oh4.€4t-,,y C-_,677(cth&t.t-,9 Beckerle, Tim G Ll1gptillyeipka0 by bmckarle, HrnG Dcri.B.ckerkr ext.Genera1 Ulan. enveil•Tbeekerle4Marmtostmp.sorri Date 2021 01,20 07:54,1240200. Timothy G Beckerle, Principal APPROVED AS TO FORM c e(r--)te; Q.Sawee- Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 1/1 Page 1 of 1 MAYES TESTING ENGINEERS, INC. 11+11++ 1+111111111101101111+++111181+NE01)7NEINM!!1111111J1+AJlIV' A Verret n COMPANY December 10, 2020 City of Tukwila 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188-8188 C/o: Julie DeDonato Ancora Projects LLC Re: Special Inspection and Testing Services Tukwila Public Works Fleet and Facilities Building Tukwila, WA Mayes Testing Engineers Proposal No. 2020-577 Revision One Dear Ms. DeDonato, EX} BF A Seatie Offire 23225 Cedar Valey Rcad Ste110 Lynnwcozi, V461-1 9836 ph 42574293+80 fax 42574E1737 Tacorm Office 10M S TaodnialAhy State E-2 Tat= a WA 98499 ph 253 584 3723 fax 253554 3707 PatiandOlfice 703 NIE 50' Awnue IPortland, 0R91213 ph 5332811515 fax W3281,7579 Mayes Testing Engineers has an excellent track record of successful projects which means you will have fewer demands on your time, reduced risk, and the likelihood of completing on or under budget. The attached revised cost estimate for the Tukwila Public Works Fleet and Facilities Building is based on careful review of the plans dated 10/2/2020. No construction schedule is available at this time. Once a schedule becomes available it would benefit the City to provide us the opportunity to review and revise this estimate based on updated schedule information. We anticipate that our scope of work will include: • Micropile Grout Testing • Reinforced Concrete Inspection • Proprietary Anchor Inspection • Lateral Framing Inspection • Structural Steel Fabrication Inspection • Structural Steel Erection Inspection • Ultrasonic Testing We assume all soils related testing and inspection will be performed by the geotechnical engineer of record. We assume structural steel members will come from a local Puget Sound or Portland area fabrication shop. Mayes Testing Engineers has been performing testing and inspection services in the Pacific Northwest since 1984. You will find we have the trust and respect of the City of Tukwila building department. We are fully certified and perform all tests in accordance with ASTM and IBC standards. Wth the largest staff of VVABO registered inspectors in the State, we have ample capacity to staff this project with multi -licensed inspectors. Washington State Professional Engineers directly supervise all inspection activities. As an integral part of the project team, we work with our clients to provide realistic testing and inspection budgets. Our clients will only be invoiced for actual work performed. A trip charge and four-hour minimum will apply to all inspections. Time will be charged portal-to-portal from our Tacoma office. One hour of project management will be charged for the initial project set up. A premium rate of 1.5 times the regular rate will be charged for all work outside of normal working hours or in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days from date on invoice. This proposal is valid for 90 days from the date of this letter. Final costs may vary up or down depending on the contractor's scheduling of the work. All services will be billed in accordance with the attached fee schedule. EXF BF A Page 2 of 2 Ms. Julie DeDonato December 10, 2020 Mayes Testing Engineers Proposal No.: 2020-577 Revision One If you have any questions or if we may be of further assistance, please do not hesitate to call. If you find this proposal acceptable, please sign and return one copy to our office. We look forward to your favorable response. Respecffully Submitted, MAYES TESTING ENGINEERS, INC. Timothy G. Beckerle, P.E. Principal Jennifer Hempel Marketing and Ciient Services Manager Accepted By: Printed Name: Titl e: Date: Attachments: Cost Estimate 2020 Fee Schedule and General Conditions MAYES TESTING ENGINEERS, INC. OMASMAMYMM11111110/010./NNAWM,////,,, Arr:Mx. 0004.040e' EXA BF / Tukwila Public Works Fleet and Facilities Building Testing and Inspection Services Mayes Testing Engineers, Inc. Cost Estimate No. 2020-577 Revision One ITEM UNITS UNITPRICE TOTAL Inspection Services Reinforced Concrete Inspection 40 Hours 92.00 /hr 3,680.00 Estimate 10 inspections at 4 hours per inspection Lateral Framing Inspection (Includes shearwalls, holddowns and diaphragms) Estimate 3 inspections at 4 hours per inspection 12 Hours 92.00/hr 1,104.00 Micropile Grout Inspection 16 Hours 92.00 /hr Estimate 4 inspections at 4 hours per inspection 1,472.00 Proprietary Anchor Inspection 20 Hours 92.00/hr 1,840.00 Estimate 5 inspections at 4 hours per inspection Structural Steel Fabrication Inspection 12 Hours 110.00 /hr 1,320.00 Estimate 3 inspections at 4 hours per inspection Structural Steel Erection Inspection 36 Hours 110.00 /hr 3,960.00 Estimate 9 inspections at 4 hours per inspection Ultrasonic Testing 12 Hours 120.00 /hr 1,440.00 Estimate 3 inspections at 4 hours per inspection Project Management (Includes project set up, meetings, report review, closeout services and misc. consultation) 16 Hours 150.00 /hr 2,400.00 Laboratory Services Concrete Compressive Strength Cylinder Test Grout Compressive Strength Test Miscellaneous Services Trip Charge Cylinder Pick-up Administrative Services (Types reports, mail postage, etc.) 33 Each 33.00 ea 1,089.00 12 Each 33.00 ea 396.00 37 Each 35.00 ea 1,295.00 No Charge No Charge Total Estimated Costs: $19,996.00 A four-hour minimum charge per call applies to all inspections. A premium rate of 1.5 times the regular will be charged for all work outside of normal working hours in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days. This estimate is valid for 90 days. MAYES TESTING ENGINEERS, INC. A 1 resnacon ccMrAvN 2020 Fee Schedule EXHarl A MAYES TESTING ENGINEERS, INC. 1111111EMEIZIIIMONEWM!!!<!;,, d coward,' INSF)ECTION SERVICES Concrete Inspection (includes Reinforcing Steel, Concrete Placement, Shotcrete, Augercast Grout, Grout, Batchplant) Post Tension Concrete Inspection (includes placement and stressing) Proprietary Anchor Inspection (includes Epoxy Grouted and Expansion Anchors) Masonry Inspection (includes cmu and brick veneet) Lateral Framing Inspection (includes wood and light gauge) Seismic Resistance System Inspection Fireproofing Inspection Intumescent Paint Inspection Soils Technician (includes nuclear densometer) Asphalt Technician (includes nuclear densometei) Asphalt or Concrete Coring Technician Laboratory Technician Lead Inspector Structural SteelANelding/Firestopping Inspection NACE Level I / II / Ill Non -Destructive Testing Dye Penetrant Testing Magnetic Particle Testing Ultrasonic Testing 92.00 /hour 92.00 /hour 92.00 /hour 92.00 /hour 92.00 /hour 92.00 /hour 92.00 /hour 105.00 /hour 105.00 /hour 105.00 /hour 105.00 /hour 110.00 /hour 110.00 /hour 110.00 /hour 120.00 /hour 120.00 /hour 120.00 /hour 120.00 /hour LABORATORY SERVICES Concrete Testing Concrete Absorption, Unit Weight and Moisture Content Test Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (includes curing, breaking and report) Concrete Compressive High Strength Cylinder Test (over 10,000 psi) Concrete Core Compressive Strength Test (includes trimming and testing) Concrete Flexural Strength Beam Test Concrete Shrinkage Test (ASTM C157 - set of 3) Length of Concrete Core Test (ASTM C174) Modulus of Elasticity Test Shotcrete Panel Test (includes 4 cores) Unit Weight Test (Air Dry) Unit Weight Test (Oven Dry) Voids and Density of Hardened Concrete Test (ASTM C642) Masonry Testing Brick Absorption Test (24 hour soak) 45.00 each Brick Absorption Test (5 hour boil) 75.00 each Brick or Masonry Efflorescence Test (set of 5) 85.00 each Brick or Concrete Paver Compression Test 12" 45.00 each Brick or Concrete Paver Compression Test 24" 70.00 each Masonry Absorption, Unit Wt. And Moisture Content Test 50.00 each Masonry Unit Compression Test 65.00 each Masonry Drying Shrinkage Test (set of 3) 320.00 each Masonry Grout or Mortar Compressive Stength Test 33.00 each Masonry Prism Test (grouted or ungrouted) 150.00 each Retaining Wall Unit Absorption Test: to 6" - 45.00 each, to 12" - 70.00 each, over 12" - 90.00 each Retaining Wall Unit Compression Test 110.00 each Asphalt Testing Asphalt Core Density Test 50.00 each Asphalt Ignition & Gradation Test 300.00 each Asphalt Marshall Set Test (flow, stability, voids) 440.00 each Asphalt Oil Content Test 100.00 each Asphalt Rice Density Test 150.00 each Asphalt Stripping Test 30.00 each Asphalt Superpave Set Test (VMA, VFA and VA) 550.00 each 45.00 each 33.00 each 35.00 each 45.00 each 55.00 each 320.00 each 30.00 each 110.00 each 200.00 each 50.00 each 60.00 each 110.00 each 2020 Fee Schedule EXHiarl A MAY ES TESTING ENGINEERS, INC. 1111111EMEIZIIIMONEWM!!!<!;,, ',cal onward,' LABORATORY SERVICES Soils and Aggregate Testing Atterberg Limits Tests Liquid Limit Only Test Plastic Limit Only Test California Bearing Ratio Test (CBR - with proctor) Clay Lumps and Friable Particles Test Degradation Test Fine Aggregate Angularity Test Flat and Elongated Particles Test Fractured Face Count Test LA Abrasion Test Lightweight Pieces in Aggregate Test (coal and lignite) Lightweight Pieces in Aggregate Test (chent) SPG 2.40 Organic Impurities Test Organic Matter Analysis (loss on ignition by weight) Sand Equivalent Test Sieve Analysis Test (includes wash over #200) Sodium Sulfate Soundness Test Soil Hydrometer Analysis Test (includes particles finer than #200) Soil Moisture Content Test (natural) Soil Moisture Density Relationship Test (proctoi) Soil pH Test Soil Relative Density Test Soil Specific Gravity Test Specific Gravities Coarse or Fine Aggregate Test Uncompacted Voids Test Unit Weight Test WSDOT T606 Test Miscellaneous Testing Fiber -Reinforced Polymer Tensile Test (set of 5) Fireproofing Density Test Machining Tensile Test Macroetch Test Moisture Emission Test Kits Reinforcing Steel #9 - #18 Tensile Test Reinforcing Steel #3 - #8 Tensile Test Splitting Tensile Test Stressing Strand Tensile Test Tensile Test on Coupler Assembly #3 - #18 Universal Test Machine & Operator Weld Fracture Test 130.00 each 80.00 each 75.00 each 675.00 each 150.00 each 135.00 each 95.00 each 90.00 each 90.00 each 175.00 each 100.00 each 400.00 each 45.00 each 60.00 each 100.00 each 250.00 each 275.00 each 300.00 each 30.00 each 250.00 each 50.00 each 250.00 each 85.00 each 100.00 each 75.00 each 45.00 each 550.00 each 800.00 each 80.00 each Cost + 15% 100.00 each 30.00 each 150.00 each 110.00 each 80.00 each 200.00 each quoted on request 175.00 /hour 80.00 each ENGINEERING SERVICES Principal Engineer/NDE Level III (includes misc. consultation & project oversight) Staff Engineer (includes Pachometer/GPR, Floor Flatness, Impact Echo, Fiber - Reinforced Polymer Inspection, Load Testing & Concrete Moisture Testing) Engineering Technician Project Manager (includes meetings, report review, set up & closeout services) 225.00 /hour 175.00 /hour 125.00 /hour 150.00 /hour OTHER Administrative Services (report processing) Trip Charge Mileage (charged only outside our regular service area) Subsistence (lower 48 states) Subconsultants or Reimbursable Expenses (travel, rentals, consumables, etc.) * A four hour minimum charge applies to all inspections. Overtime rate of 1.5 times the regular rate performed outside of normal working hours, weekends and holidays. 70.00 /hour 35.00 each 0.65 /mile Federal GSA Rate Cost + 15% applies to all work General Conditions MAYES TESTING ENagEWS„ INC. IMAM 1,111111.1TMEELIIMPREMMV A 1 rim' AMA1 PAPAPI These General Conditions apply to the Services to be provided by Mayes Testing Engineers, Inc ("Consultant") for City of Tukwila ("Client') on the Tukwila Public Works Fleet and IFacilities Building project ("Project"), as described in Consultant's proposal above ("IProposar) By its signature above, Client acknowledges and accepts these General Conditions as governing the Services and the relationship of the parties for this Project. The Proposal and General Conditions may collectively be referred to as the 'Agreement' 1. Scope of Services. The scope of Consultant's services is described in the Proposal (“Services") Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e g , mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer the Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party Either party may terminate this Agreement or the Services upon written notice to the other, In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal. If not stated in the Proposal, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall not hold retainage on any invoice Client understands that no final letter of compliance will be issued to the building department for the Project until all outstanding invoices have been paid. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MEIRCHANTAIBIILITY AND IFITNESS FOR A IPAIRTICULAR IPURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry. (i) workerscompensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employers liability insurance ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 IB II and IP D combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WIILIL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FORANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. XH B A° 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance off the Services Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Washington law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been ffollowed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the (Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger off Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. futilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVIIIU-19 or are self -quarantining due to exhibiting symptoms associated with the coronavirus. 2 908 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188, Agreement Number: 20-034(a) CONTRACT FOR SERVICES Amendment No. 1 Between the City of Tukwila and Mayes Testing Engineers,Inc. That portion of Contract No, 20-034 between the Cty of Tukwila and Mayes Testing Engineers, Inc. is hereby amended as follows: 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, 2021, 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, 2021 unless extension of such time is granted by writing by the City. The duration of the contract is now through December 31, 2021, unless modified by supplemental agreement. All other provisions of the contract shall remain in full force and effect. Dated this 16th day of CITY OF TUKWILA ..65e7cg December Allan Ekberg, Mayor 12/16/2020 ATTEST/AUTHENTICATED c134.€4t-9 6,677(cth&t.t-9 , 2020. CONTRACTOR Berkerle, ou.rerneml Users, (3 .....1b( T ill Kkonle0141,0kOdletnaCwri 0000" 20 7 12. OA 01.5/ 19 Timothy G Beckerle, Principal APPROVED AS TO FORM c q.„9awee Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 2 , /4/k Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 20-034 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, Washington, hereinafter referred to as "the City", and Mayes Testing Engineers, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform testing services in connection with the project titled Tukwila Public Works Fleets & Facilities Building Condition Survey. 2. Scope of Services. The Consultant agrees to perform the services, 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 follows: 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 $14,300.00 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 performed, services rendered, and for all materials, supplies, 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 documents, 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 copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, 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 officers, officials, employees and volunteers harmless from any and all claims, 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 officers, officials, employees, 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 RCW, 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. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, 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 Consultant, 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 limits 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 owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall 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 least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised December 2016 Page 2 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, 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. E. 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. F. 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 breach, immediately terminate the contract or, at its discretion, 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 demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. 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 program, 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 person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, 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 liability, 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. 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, 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. CA revised December 2016 Page 3 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. Termination. 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 member, 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 with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, 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 completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Mayes Testing Engineers, Inc. 20225 Cedar Valley Road, Suite 110 Lynnwood, WA 98036 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, 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 December 2016 Page 4 DATED this I 3 day of AP R 2020 CITY OF TUKWILA CONSULTANT 1/1 14 By: -Hrt*) 141/1/*(U VV0-116 Printed Name: 9iV.<61-ry- Timothy G Beckerle CA revised December 2016 Title: Principal Page 5 Exhibit A MAYES TESTING ENGINEERS, INC March 17, 2020 Hari Ponnekanti, PE Public Works Deputy Director/City Engineer 6300 Southcenter Blvd. Tukwila, WA 98188 A WM-WM COMPANY S�tile Office 20225 CedarValey Road a110 Lyrrmaxl, WA 913006 i4742 faK425.745.1737 Tacoma Office 1CO29 S Taxas Way Stib E-2 Twara VVA 93499 ph 253.584.3720 fax 2s3 5543707 PatEnd Office 7911 E3dDe Sub 10 Re: Tukwila Pubic Works Fleets & Facilities Building Condition Survey Putrid, CR 97211 ph 533251 7515 Mayes Testing Engineers Proposal Number 2020-156 fa<503.28115(9 Dear Mr. Ponnekanti: Mayes Testing Engineers, Inc. is pleased to provide our estimate of testing services for the above referenced project. This estimate is based upon the testing scope provided through our e-mail correspondence with SHKS Architects. Actual costs may vary. All services for this project will be billed at the following rates in accordance with our current Fee Schedule and General Conditions. Background & Scope We understand that the City of Tukwila, department of public works, intends to renovate the western section of the former Heiser Body Co. building, located at 11210 Tukwila International Blvd in Tukwila, Washington, to house their fleets and facilities operations. The building is an approximately 40,000 square foot pre-engineered metal building originally constructed in 1974. As we discussed, our scope would include: • Non-destructive / minimally destructive testing to determine the reinforcing steel layout and concrete thickness of the slab -on -grade at the general locations noted by SHKS Architects. Utilities detected within the slab -on -grade will also be noted. • Non-destructive / minimally destructive testing to determine the size and reinforcing steel layout of the grade beams below the slab -on -grade at the general locations noted by SHKS Architects. • Non-destructive / minimally destructive testing to determine the size of spread footing supporting the primary steel framing members at the general locations noted by SHKS Architects. • Sample steel coupon specimens from the four general locations noted by SHKS Architects and perform laboratory testing to determine their tensile properties (yield & ultimate strength), alloy composition, and weldability per AWS D1.1. • Provide a formal report documenting our test methods, sample locations and findings. Exhibit B Cost Estimate Staff Engineer $12,000.00 Includes Staff Engineer for project management, field testing and report. Estimate: 70 hours at $165.00 / hour Staff Engineer 2 hours at $225.00 / hour Principal Engineer Laboratory Testing $1,600.00 Includes alloy composition testing, machining and tensile properties testing of steel coupons. Estimate: 4 coupons at $400.00 each Consumables $700.00 Includes scissor lift rental, consumable tools (bits & blades), and mileage. Estimated Total $14,300.00 Please note that in preparing this proposal we assume that safe access will be provided to the test location(s) and that patching/repair at test locations will be performed by others. Invoicing will be done in accordance with the above -noted cost estimate and the attached Fee Schedule and General Conditions. A four-hour minimum charge per call applies to all inspections. Unless otherwise noted, this proposal assumes that all work can be performed during normal working hours. A premium rate of 1.5 times the regular rate will be charged for all work outside of normal business hours or in excess of eight hours per day and on Saturdays, Sundays and Legal Holidays. Payment is net 30 days. We trust that this provides you with the information you require. If you have any questions or if we may be of further assistance, please do not hesitate to call. If you find this proposal acceptable, please sign and return one copy to our office. We look forward to your favorable response. Respectfully Submitted, MAYES TESTING ENGINEERS, INC. tuart J. Cart r, P.E. Special Projects Manager Michael S. Dolde , Accepted By: Title: Senior Principal Date: MAYES TESTING ENGINEERS, INC. 2019 Fee Schedule MAYES TESTING ENGINEERS, INC. lrerracon COMPANY INSPECTION SERVICES Concrete ISteel, Concrete Placement, Shotcrete, Augercast GrouGrout, Post Tension Concrete Inspection and Proprietary Anchor Inspection (includes Epoxy Grouted and Expansion Anchors) Masonry Inspection (includes cmu and brick veneer) Latera Framing Inspection (includes wood and llght gauge) Seismic Resistance System Inspection Fiber -Reinforced Polymer Inspection Fireproofing or Firestopping Inspection Intumescent Paint Inspection Soils Technician nuclear densometer) Asphalt Technician nuclear densometer) Asphalt or Concrete Coring Technician Laboratory Technician Lead Inspector Structural Gtee|/VVe|ding Inspection s bolting) Non -Destructive Testing Dye Penetrant Testing Magnetic Particle Testing Ultrasonic Testing 90.00 /hour 90.00 /hour 90.00 /hour 90.00 /hour 90.00 /hour 90.00 /hour 90.00 /hour 90.00 /hour 105.00 /hour 105.00 /hour 105.00 /hour 105.00 /hour 110.00 /hour 110.00 /hour 110.00 /hour 115.00 /hour 115.00 /hour 115.00 /hour LABORATORY SERVICES Concrete Testing Air Dry Unit Weight Test Concrete Absorption, Unit Weight and Moisture Content Test Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (includes curing, breaking and report) Concrete Compressive High Strength Cylinder Test (over 1O,000psi) Concrete Core Compressive Strength Test (inc!udes trimming and testing) Concrete Fiexural Strength Beam Test Concrete Shrinkage Test (ASTM C157 - set of 3) Length of Concrete Core Test (ASTM C174) Mix Design 1 Point Verification Modutus of Elasticity Test Shotcrete Panel Test (includes 4 cores) Voids and Density of Hardened Concrete Test (ASTM C642) Masonry Testing Brick Absorption Test (24 hour soak) Brick Absorption Test (5 hour boil) Brick or Masonry Efflorescence Test (set of 5) Brick or Concrete Paver Compression Test Masonry Absorption, Unit Wt. And Moisture Content Test Masonry Unit Compression Test K8000nry[]ryingShhnkageTaet(sytof3) Masonry Grout or Mortar Compressive Stength Test Masonry Prism Test (grouted or ungrouted) Retaining Walt Unit Absorption Test Retaining Wall Unit Compression Test Asphalt Testing Asphalt Marshall Mix Verification Asphalt Core Density Test Asphalt tgnition & Gradation Test Asphalt Marshall Set Test (flow, stability, voids) Asphalt 011 Content Test Asphalt Rice Density Test Asphalt Stripping Test Asphalt Superpave Set Test (VMA, VFA and VA) 50.00 each 45.00 each 30.00 each 35.00 each 45.00 each 55.00 each 320.00 each 30.00 each quoted on request 100.00 each 175.00 each 85.00 each 45.00 each 75.00 each 85.00 each 45.00 each 50.00 each 65.00 each 320.00 each 30.00 each 120.00 each 45.00 each 110.00 each quoted on request 35.00 each 300.00 each 440.00 each 80.00 each 100.00 each 30.00 each 550.00 each 2019 Fee Schedule MAYES TESTING ENGINEERS, INC. LABORATORY SERVICES Soils and Aggregate Testing Atterberg Limits Tests Liquid Limit Only Test Plastic Limit OnIy Test California Bearing Ratio Test (CBR - with proctor) Clay Lumps and Friable Particles Test Degradation Test Fine Aggregate Angularity Test Flat and Elongated Particles Tes Fractured Face Count Test LA Abrasion Test Lightweight Pieces in Aggregate Test (coal and llgnite) Lightweight Pieces in Aggregate Test (chent) SPG 2.40 Organic Impurities Test Organic Matter Analysis (loss onignition bvwmixhd Sand Equivalent Test Sieve Analysis Test (includes wash over #200) Sieve Analysis Test (percentage passing #200 only) Sodium Sulfate Soundness Test SoiI Hydrometer Analysis Test (inc!udes particlos finer than #200) SoiI Moisture Content Test (natural) Soil Moisture Density Relationship Test (proctor) Soil pH Test Soil Relative Density Test Soil Specific Gravity Test Spectfic Gravities Coarse Aggregate Test Specific Gravities Fine Aggregate Test UnEt Weight Test WSDOT T606 Test Miscellaneous Testing Fiber -Reinforced Polymer Tensile Test (set of 5) Fireproofing Density Test Machining Tensile Test Macroetch Test Moisture Emission Test Kits Reinforcing Steel #11 -#18Tensile Test Reinforcing Steel #3 - #10 Tenslle Test Splitting Tensile Test Stressing Strand Tensile Test Tensile Test on Coupler Assembly #3 - #18 Universal Test Machine & Operator Weld Fracture Test 130.00 each 75.00 each 55.00 each 675.00 each 90.00 each 135.00 each 95.00 each 90.00 each 90.00 each 150.00 each 80.00 each 400.00 each 45.00 each 60.00 each 80.00 each 250.00 each 125.00 each 275.00 each 300.00 each 30.00 each 250.00 each 50.00 each 250.00 each 85.00 each 55.00 each 85.00 each 45.00 each 550.00 each 800.00 each 80.00 each Cost +1G% 100.00 each 30.00 each 135.00 each 90.00 each 80.00 each 150.00 each quoted on request 175.00 /hour 80.00 each ENGINEERING SERVICES NDE Level 111 Consultation Principal Engineer Staff Engineer Pachometer Testing, Floor Flatness Testing, Impact Echo Testing, Load Testing & Moisture Emissions Engineering Technician Project Manager 225.00 /hour 225.00 /hour 165.00 /hour 125.00 /hour 125.00 /hour OTHER Administrative Services (report processing) Mileage only outside our regular service area Subsistence (lower 48 states) Subconsultants or Reimbursable Expenses (travel, rentals, consumables, etc.) 65.00 /hour 0.65 /mile Federal GSA Rate Cost+ 15% *A four hour minimum charge applies to all inspections. Overtime rate of 1.5 times the regular rate applies to all work performed outside of normal working hours, weekends and holidays General Conditions MAYES TESTING ENGINEERS, INC. A lrefrOCO(1 COMPANY These General Conditions apply to the Services to be provided by Mayes Testing Engineers, Inc. ("Consultant") for [insert client name] ("Client") on the [insert project name] project ("Project"), as described in Consultant's proposal above ("Proposal"). By its signature above, Client acknowledges and accepts these General Conditions as goveming the Services and the relationship of the parties for this Project. The Proposal and General Conditions may collectively be referred to as the "Agreement". 1. Scope of Services. The scope of Consultant's services is described in the Proposal ("Services"). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer the Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees eamed to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will retum to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal. If not stated in the Proposal, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall not hold retainage on any invoice. Client understands that no final letter of compliance will be issued to the building department for the Project until all outstanding invoices have been paid. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any govemmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANTS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANTS SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such c.laims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be bome by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. S. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANTS SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Washington law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Clients contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be fumished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate govemmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultants property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans fumished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site.