Loading...
HomeMy WebLinkAbout22-002 - Materials Testing & Consulting, Inc - Compaction and Materials Testing Services: Macadam Road South Water Main Upgrade and Sidewalk ImprovementsCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 22-002 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 Materials Testing & Consulting, Inc. (MTC), 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 Compaction and Material Testing services in connection with the project titled Macadam Road South Water Main Upgrade and Sidewalk Improvements. 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, 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 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 $21,850.00 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 $2,000,000 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 endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor, 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 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. 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. 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 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. CA revised May 2020 Page 3 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. 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: Materials Testing & Consulting, Inc. 777 Chrysler Drive Burlington, WA 98233 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 May 2020 Page 4 DATED this 5th day of January , 2022. CITY OF TUKWILA Allan Ekberg, Mayor 01/05/2022 Materials Testing & Consulting, Inc. By: %ea,Md ?% e4%Ch21A.C- Printed Name: Raymond McNamara Title: President Attest/Authenticated: Approved as to Form: /t/teaz-y O y Key: lb.2,3,9JdoKUSceUbbKaK,DeLIO,KKla � cvt oe awce- City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 MATERIALS TESTING & CONSULTING, INC. Date: December 13, 2021 Client Name: City of Tukwila EXH I BITS A & B Contact: Adib Altailal Address: 6200 Southcenter Blvd, Tukwila, WA Email: adib.altallakig ukwilawa.gov Engineer: PACE Project Name / Location: Macadam Road South Water Main Upgrade, Tukwila, Washington Materials Testing & 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: Phone: (206) 240-0633 Based on Plans Dated: Dec 21 Add 1 Special 4gi Construction IllsPectim) Item 1flt Quantit Total IPDS - Schedule A - Trench Com action Hour 64 $ 75.00 4,800.00 IPDS - Schedule C - Trench Compaction Flour Flour 4 12 $ 75.00 $ 75.00 $ 300.00 $ 900.00 IPDS - Schedule A - Sidewalk Sub• rade Compaction IPDS - Schedule 13 - Wall Subgrade & Backfill Compaction flour • $ 75.00 1,200.00 IPDS - Schedule 13 - Sidewalk Sub ade Compaction Flour 8 $ 75.00 $ 600.00 IPDA - Schedule A - Asphalt Patching - 3 Days I lour 34 $ 75.00 $ 2,550.00 IPDA - Schedule A - Asphalt Overlay - 2 Days Flour IIIIMI 16 $ 75.00 $ 75.00 $ 1,200,00 $ 1,200.00 IPDA - Schedule 13 - As halt Patchin - 2 days Flour RC - Schedule A - Curb/Gutter & Sidewalk Sampling, IlDesired 10 $ 78.00 $ 780.00 RC - Schedule 13 - Curb/Gutter & Sidewalk Sampling, If Desired TT 10 $ 78.00 $ 780.00 Subtotal 1 ahoratory Testing - S iecial & Construction Inspection: S 14,310.00 Item Unit Quantit Rate Total PROC - Moisture Density Relationship/Proctor with Sieve Each $ 295.00 $ 1,475.00 COMB - Sieve Analysis with #200 Wash/Combined Gradation Each $ 130.00 $ 260.00 SE - Sand Equivalent Each 8 $ 95.00 $ 760.00 FRAC - Fracture Percentage Each 7 $ 65.00 455.00 INC - Uncompacted Void Content 4 $ 150.00 600.00 EXT - As halt Extraction with Gradation $ 275.00 $ 1,925.00 RICE - Rice Density $ 95.00 $ 665.00 CONC - Concrete Compression Test Cylinders - 4" x 8" - Sets of 5 20 $ 25.00 $ 500.00 Project Management & Consulting Services Subtotal - Laborator Quantit Testinl: fl S 6,640.00 Total Item PM - Project Manager Mil tIour 10 $ 90.00 $ 900.00 Subtotal - Pro'ect Mana ement & Consulting Services: Budget Estimate for Services - Total: $ 900.00 $ 21,850.00 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 Page 1 of 2 ATERIALS TEST Date: December 13, 2021 Client Name: City of Tukwila Address: 6200 Southcenter Blvd, Tukwila, WA Email: adib.altallalgtukwilawa.gov Engineer: PACE Bused on Plans Dated: Project Name / Location: Macadam Road South Water Main Upgrade, Tukwila, Washington CONSULT1NG0 INC. Contact: Adib Attalla! Phone: (206) 240-0633 Dec 21 Add 1 • Soils inspection and testing services are proposed to measure compliance with project documents, including drawings, specifications and the recommendation of the soils report. In the event that a test or tests fail to meet. the soils reports recommendations or if project conditions differ from approved project documents, it shall be referred to the Geotechnical Engineer of Record for resolution. • Prices are subject to change if this agreement is not executed within 90 days from the date of the hid. • All services will be provided on a time and materials basis. The total is an estimate and 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. • Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one -and -one-half (I1/2%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneystees, and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. • As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved pending our written approval. • In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. Respectfully Submitted, 1 (32 Joe Prince, Estimator Client Authorized Signature (360) 421-1745 Printed Name & Title Date joe.prince(a),nac-inc.net 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 Page 2 of 2