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HomeMy WebLinkAboutAG-C-531 with Materials Testing & Consulting, INC. - Task Assignments related to testing and various inspections for City Projects AGREEMENT FOR PROFESSIONAL SERVICES AG-C-531 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Washington Municipal Corporation ("CITY") and MATERIALS TESTING & CONSULTING, INC. whose address is 2118 Black Lake Blvd SW, Olympia, WA 98512, ("CONSULTANT.") In consideration of the covenants and conditions of this Agreement, the parties agree as follows: 1. SCOPE OF WORK. The CONSULTANT, on a project basis, will be given individual task assignments (see Exhibit A, Sample Task Assignment) for work related to materials testing and special inspection for various City projects at an on call basis. These task assignments will describe the work to be completed, completion dates, and compensation amount. An approved task assignment shall be required between the CONSULTANT and the City prior to commencing any work for any individual task. 2. TIME FOR PERFORMANCE, TERM AND TERMINATION OF AGREEMENT. The Provider will not begin any work under this Agreement until authorized in writing by the City. The term of this Agreement commences on the later date of the Parties execution of this Agreement, as reflected on the signature page. The Provider will perform the services in accordance with the direction and scheduling provided on Exhibit "A", unless otherwise agreed to in writing by the parties. All work performed under this Agreement will be completed by December 31, 2021. Termination for cause. Either party may terminate this Agreement and/or any task assignments upon written notice to the other party if the other party fails substantially to Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 1 of 12 perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The notice will identify the reason(s) for termination, and specify the effective date of termination. In the event of a default by Provider, City may suspend all payments otherwise due to Provider and the City will have no further obligations to Provider. Termination for Convenience. The City may terminate this Agreement and/or any task assignments upon not less than seven (7) days written notice, which shall contain the effective date of termination, to the Provider. If this Agreement is terminated through no fault of the Provider, the Provider will be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B". This payment shall fully satisfy and discharge the City of all obligations and liabilities owed the Provider, who shall not be liable for any anticipated profits or other consequential damages resulting from the termination. Upon receipt of a termination notice, the Provider will promptly discontinue all services affected and deliver to the City all data, drawings, specifications, reports, summaries, and such other information and materials as the provider may have accumulated, prepared, or obtained in performing this Agreement, whether fully or partially completed. All rights and remedies provided in this Section are not exclusive of any other rights or remedies that may be available to the City, whether provided by Law, equity, in any other agreement between the parties or otherwise. 3. COMPENSATION. The CONSULTANT shall be paid by the CITY based on the fees included for each individual approved task assignment. These fees will be " not to exceed" lump sum figures based on the Fee Schedule (Exhibit B). Compensation shall include all Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 2 of 12 consultant expenses including, but not limited to, overhead, profit, and direct non-salary costs and shall not exceed that amount shown on each approved individual task assignment for materials testing and special inspection under this contract. The total amount of the agreement shall not exceed $50,000.00. 4. SUBCONTRACTING. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contract or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts shall contain all applicable provisions of this AGREEMENT. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT is responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any negligent errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally-accepted professional engineering standards and the requirements of the CITY. Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 3 of 12 Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided in this Agreement, neither the CITY'S review, approval, or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION/HOLD HARMLESS. Except for injuries and damages caused by the sole negligence of the City, the CONSULTANT will defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits of every kind, including attorney fees and litigation expenses, arising out of or resulting from the acts, errors, or omissions of the CONSULTANT, its employees, agents, representatives, or subcontractors, including employees, agents, or representatives of tits subcontractors, made in the performance of this Agreement, or arising out of worker's compensation, unemployment compensation, or unemployment disability compensation claims. However, 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 Public Entity, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. If is further specifically and expressly understood that this indemnification 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 Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 4 of 12 negotiated by the parties. The provisions of this section will survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The Provider will perform the services as an independent contractor and will not be deemed, by virtue of this Agreement and performance of its provisions, to have entered into any partnership, joint venture, employment or other relationship with the CITY. Nothing in this Agreement creates any contractual relationship between the Provider's employee, agent, or subcontractor and the CITY. 8. INSURANCE. The CONSULTANT will, at its sole expense, procure and maintain for the duration of this Agreement and 30 days thereafter insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the CONSULTANT, its agents, representatives, or employees. CONSULTANT's maintenance of insurance as required by the Agreement will 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. The Service CONSULTANT will obtain insurance of the types described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage will be at least as broad as Insurance Services Office (ISO) form CA 00 01 (CONSULTANT may use a substitute form providing equivalent liability coverage). CONSULTANT will maintain automobile insurance with minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 5 of 12 b. Commercial General Liability insurance will be at least as broad as ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, stop-gap independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City will 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 Additional Insured endorsement CG 20 26. Commercial General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the CONSULTANT's profession with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. For Automobile Liability and Commercial General Liability insurance, the policies are to contain, or be endorsed to contain that CONSULTANT's insurance coverage will be primary insurance as respects the City. Any insurance, self-insurance, or self- insurance pool coverage maintained by the City will be excess of the CONSULTANT's insurance and will not contribute with it. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. The CONSULTANT will furnish the City with original certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of this Agreement before commencement of the work. Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 6 of 12 The City reserves the right to require that complete, certified copies of all required insurance policies and/or evidence of all subcontractors' coverage be submitted to the City at any time. The City may withhold payment if the CONSULTANT does not fully comply with this request. If the CONSULTANT maintains higher insurance limits than the minimums shown above, the City will be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the CONSULTANT, irrespective of whether such limits maintained by the CONSULTANT are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the CONSULTANT. Failure on the part of the CONSULTANT to maintain the insurance as required will 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 Agreement 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. The CONSULTANT will provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. Failure by the CONSULTANT to maintain the insurance as required will constitute a material breach of this agreement, upon which the City may, after giving five (5) business days' notice to the CONSULTANT to correct the breach, immediately terminate the agreement 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, Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 7 of 12 or at the City's sole discretion, offset against funds due the CONSULTANT from the City. 9. NONDISCRIMINATION. The CONSULTANT will not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, or where there is the presence of any sensory, mental or physical handicap. 10. OWNERSHIP AND USE OF DOCUMENTS All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products") will be owned by and become the property of the City, may be used by the City for any purpose beneficial to the City, and are subject to the requirement of the Public Records Act, 42.56 RCW. The Provider acknowledges that the Agreement, and documents provided in connection with this Agreement, become a public record and may be subject to inspection and copying, unless the information is declared by law to be confidential or is otherwise exempted from public records disclosure requirements. The Provider agrees to give its fullest assistance to the City in identifying, locating, and copying any records in the Provider's possession that are responsive, as determined by the City in its sole discretion, to a Public Records Act request received by the City. Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 8 of 12 11. RECORDS INSPECTION AND AUDIT All compensation payments will be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement will be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) pear period, all records and books of account pertaining to any work performed under this Agreement will be retained until all litigation, claims, disputes, or audit are finally resolved. 12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The CONSULTANT certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding the effective date of this Agreement been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 9 of 12 (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. 13.3. If any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 10 of 12 13.6. All costs of enforcement, including reasonable attorney's fees, expenses and court costs shall be paid to the substantially prevailing party. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Curtis Shear on on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Materials Testing & Consulting Attn: Kim Truong Attn: Curtis Shear 25 W Main Street 2118 Black Lake Blvd SW Auburn WA 98001 Olympia, WA 98512 Phone: 253-804-5059 Phone: 360-755-1990 E-mail: kbtruong@auburnwa.gov curtis.shear@mtc-inc.net 13.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or sent by regular United States mail, postage prepaid. Any party may change their address by giving notice in writing to any other party. 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 11 of 12 CITY OF AUBURN r a I/' Na cy Back ®Mayor Date t t I 3 t 24 APPROVED AS TO FORM: y�,ll % Ce -- Kendra Comeau, City Attorney MATERIALS TESTING & CONSULTING BY: e.,-----YZ...____ Title: Owner/Business Development Federal Tax ID # 91-1694934 Agreement for Professional Services AG-C-531 ENG-181, Revised 10/20 November 9, 2020 Page 12 of 12 EXHIBIT A TASK ASSIGNMENT AGREEMENT #: AG-C-xxx TASK#: xxx-xxxx-xxx CONSULTANT: PROJECT#/Name: The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: $ Completion Date: Scope of Work: Approvals Consultant Project Manager: Signature: Date: City Project Manager: Signature: Date: Public Works Director, if Task Assignment is over $10,000: Signature: Date: Exhibit B Agreement No. AG-C-531 Page 1 of 1 EXHIBIT B FEE SCHEDULE Exhibit B Agreement No. AG-C-531 Page 1 of 1 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment# 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement# (i.e.: AG-C-115). • Project number(s) listed (i.e.: PR562). • CITY'S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract— total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15'h • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-531 Page 1 of 2 SAMPLE INVOICE City of Auburn Invoice #: 5222 25 West Main Progress Payment#: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement#: AG-C-010 Project#: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Amount Rate Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Expenses (see attached Charge Multiplier Amount documentation) s Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourly Amount Rate ABC Environmental, Inc., Civil 10 $100.00 $ 1,000.00 Engineer Electrical Consulting, Electrical 5 $100.00 500.00 Engineer Mechanical Solutions, Mechanical 10 $100.00 MRF1,000.00 Engineer Moving Company, Moving 2 $ 50.00 100.00 Consultant Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $2,860,00 Consultant Invoices Agreement No. AG-C-531 Page 2 of 2 TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN Amount Total % % Amount Task Authorize Prior This Invoiced To Expended Completed Remainin d Invoiced Invoice Date g Original Contract $ $1,025.00 $2,681.49 $3,706.49 20% 25% $ 22,000.00 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ $1,025.00 $3,681.49 $4,706.49 $ 24,500.00 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of$2,000.00. Exhibit B Agreement No.AG-C-531 Page 1 of 1 _ k -1 :. MATERIALS TESTING&CONSULTING,INC. Exhibit A-2021 Master Fee Schedule Client Name-City of Auburn Project Location-Various Locations Rates for Services-1/1/2021 to 12/31/2021 Prepared: 10/19/2020 (01)EARTHWORK&ASPHALT SERVICES Item Description Unit Rate Field Technician Soils&Asphalt Compaction(IPD-S,IPD-A) Hour $ 68.00 (02) LABORATORY FOR EARTHWORK Test Description ASTM AASHTO Unit Rate %Passing#200 Sieve Cl 17 T I 1 Each $ 40.00 Accelerated Weathering CRD C148 Each $ 375.00 Additional Tests Not Listed Quoted Per Project Asphalt Extraction with Gradation D6307 T308 Each $ 250.00 Atterberg Limits(Plasticity Index)- 1 point D4318 '189,T90 Each $ 60.00 Atterberg Limits(Plasticity Index)-3 points D4318 T89,T90 Each $ 150.00 California Bearing Ratio 3-point DI883 -1193 Each $ 625.00 Clay Lumps and Friable Particles,Fine Aggregate C142 T112 Each $ 80.00 Durability Index/Degradation Value WSDOT"1113 T210 Each $ 190.00 Flat/Elongated Particles D4791 Each $ 150.00 Fracture Percentage D5821 Each $ 60.00 Hydrometer Analysis with Sieve Analysis D422 188 Each $ 175.00 LA Abrasion C131,C535 "196 Each $ 250.00 Marshall Stability&Flow,3 specimens D6926,D6927 T245 Each $ 400.00 Mix Design Marshall Method,3 trials&specimens D6926,D6927 T245 Each $ 1,500.00 Moisture Density Relationship/Proctor with Sieve D698,D1557 T99,T180 Each $ 275.00 Moisture Density Relationship/Proctor without Sieve D698,D1557 T99,TI80 Each $ 225.00 Moisture Density Relationship/Proctor with Sieve-Cement Treated Base D698,01558 1'99,TI 81 Each $ 350.00 Natural Moisture Content 02216 Each $ 20.00 Organic Content,Loss by Ignition D2974 Each $ 80.00 Organic Impurities C40 "121 Each $ 60.00 Particle Size Distribution-Sieve/Pipette PSEP Each $ 125.00 Rice Density D2041 T209 Each $ 95.00 Salt Correction for PSEP Each $ 15.00 Sand Cone Density Test 01556 T191 Each $ 35.00 Sand Equivalent 02419 T176 Each $ 90.00 Sieve Analysis-Dry Only/Gradation C136 "127 Each $ 85.00 Sieve Analysis with#200 Wash/Combined Gradation C136,Cl 17 T88 Each $ 115.00 Soils-Cement Mix Design Quoted Per Project Soundness of Aggregates by Magnesium or Sodium Sulfate C88 T104 Each $ 300.00 Specific Gravity and Absorption of Coarse Aggregate CI27 T85 Each $ 75.00 Specific Gravity and Absorption of Fine Aggregate C128 T84 Each $ 100.00 Specific Gravity of Soils 0854 T100 Each $ 100.00 Superpave Test Set-Includes Volumetric Properties,Extraction/Gradation,Rice WSDOT 731 Each $ 525.00 Uncompacted Void Content C 1252 T304 Each $ 110.00 Unit Weight&Voids in Aggregate C29 TI9 Each $ 60.00 Visual Classification 02487 Each $ 50.00 (02) LABORATORY FOR EARTHWORK -Advanced/Secondary Geotechnical Testing Aggregate Freeze-Thaw Durability D5312 Each $ 1,200.00 Aggregate Wet-Dry Durability 05313 Each $ 1,200.00 Bulk Density(Wet/Dry)-Soils-Remolded D7263,EPA9100,F1109 Each $ 50.00 Capillary and Aeration Porosity F1815 Each $ 250.00 Carbonate Determination D4373 Each $ 30.00 Centrifugation,Water,up to 1 L USACE Each $ 35.00 Centrifugation,Solids,up to 1 L USACE Each $ 55.00 Collapse Potential of Soil D5333 Each $ 400.00 Column Leach Test D4874 Quoted Per Project Column Settling Test USACE Quoted Per Project Consolidation,Primary D2435 Each $ 500.00 Consolidation,Secondary D2436 Each $ 750.00 Direct Shear,3 points D3080 Each $ 600.00 Effective Porosity-Includes Rigid Wall Permeability Each $ 550.00 Effective Porosity-Includes Flex Wall Permeability Each $ 700.00 Expansion Index D4829 Each $ 210.00 Particle Size Distribution,by Laser Diffraction TAPI?2008,2011 Each $ 90.00 Particle Size Distribution,by Laser Diffraction Only Each $ 80.00 Maximum Media Density(Green Roofs) D2399 Each $ 500.00 One Dimensional Swell or Collapse of Soil 04546 Each $ 600.00 MATERIALS TESTING&CONSULTING,INC. Exhibit A-2021 Master Fee Schedule Client Name-City of Auburn Project Location-Various Locations Rates for Services-1/1/2021 to 12/31/2021 Prepared: 10/19/2020 Permeability: Failing Head WSDOT 605 Each $ 250.00 Permeability: Flexible Wall(triaxial) D5084 Each $ 450.00 Permeability: Rigid Wall D2434 Each $ 300.00 Total Porosity-Includes Bulk Density&Specific Gravity of Soils EM-1110-2-1906 Each 5 140.00 Sedigraph EISACOE Each $ 125.00 Sediment Concentration in Water D3977 Each $ 60.00 Sediment Pore Water Extraction,Anaerobic USACOE Each $ 115.00 Settleable Solids SM2540F Each $ 30.00 Shelby Tube Extrusion w/Description Each $ 45.00 Soil pH D4972 Each $ 35.00 Soil Resistivity G187 Each 5 85.00 Specific Gravity of Liquids D1298,D891 Each $ 45.00 Specific Yield/Centrifuge Moisture Equivalent D425 Each S 50.00 Total Suspended Solids SM2540D Each $ 50.00 Triaxial Shear-QU-Unconfined Compressive Strength D2166 Each $ 120.00 Triaxial Shear Testing-UU-Unconsolidated.Undrained D2850 Each $ 200.00 Triaxial Shear Testing-CU- Consolidated.Undrained D4767 Each $ 1,500.00 Triaxial Shear Testing-CD-Consolidated,Drained D7181 Each $ 1,500.00 Turbidity SM 2130 B Each $ 65.00 Unit Weight of Soils-Ring D2937 Each $ 45.00 Unit Weight of Soils-Shelby Tubc D2938 Each $ 40.00 Youngs Modulus of Elasticity Each $ 120.00 (03) SPECIAL&CONSTRUCTION INSPECTION Item Description Unit Rate Reinforced Concrete.Prestressed Concrete.Shotcrete, Special Inspector t Structural Masonry.Spray Applied Fire Resistive Hour 5 72.00 Materials,Proprietary Anchors Structural Steel&Welding,I ligh Strength Bolting, Special Inspector II lateral Wood and Cold Form Framing.AWS Certified Welding Inspector.Fire-Resistant Penetrations and Flour 5 80.00 Joints Special Inspector III Fiber Reinforced Polymer(FRP) Hour 5 90.00 Anchor Bolt Pull Testing One Man Crew Hour $ 95.00 Bond Testing One Man Crew Hour $ 95.00 Pachometer/Rebar Locate In situ reinforcement location flour $ 90.00 Schmidt Hammer In situ concrete strength measurement Hour 5 90.00 (04) LAB FOR SPECIAL&CONSTRUCTION INSPECTION Test Description ASTM AASHTO I:nit Rate Air Dry Density of Concrete C567 Each $ 40.00 Concrete Compression Strength Test Sawed Section C42 T24 Each $ 65.00 Concrete Compression Test Cylinders-4"x 8" C3I,C39 '122,'123 Each 5 24.00 Concrete Compression Test Cylinders-6"x 12" C31,C39 T22,T23 Each $ 30.00 Concrete Compression Test Cylinders-not cast by MTC C31,C39 .122,.123 Each $ 30.00 Concrete Core Compressive Strength Test(includes trimming and testing) Each 5 40.00 Concrete Core Thickness C 174,C 1542 Each $ 30.00 Concrete Flexural Beams C78 T97 Each 5 60.00 Concrete Shrinkage(minimum 3 samples) C596 Each 5 100.00 Fireproofing Cohesion/Adhesion Tests [736 Each $ 30.00 Fireproofing Density Test E605 Each $ 60.00 Grout Compressive Strength Test C1019 Each 5 25.00 Grout Compressive Strength Test-2x2 Cube C109 Each $ 25.00 Masonry Prism Compression Test C 1314 Each $ 100.00 Masonry Unit Compression Test C 140 Each 5 65.00 Masonry Unit Absorption,Unit Weight&Moisture Content C 140 Each $ 65.00 Moisture Emission Test Kit-Installation&Retrieval labor Not Included F1869 Each $ 25.00 Mortar Compressive Strength C780 Each $ 25.00 Relative I lumidity Test Probe Sleeves [2170 Each $ 2.50 Scaling Resistance of Concrete C672 Per Set of 2 $ 1,000.00 Set Times,Initial and Final C403 Each 5 150.00 Shotcrete Compression Test(1-Panel includes 4-Cores) C 1604 Each $ 150.00 Shoterete Cores-Additional C 1604 Each $ 75.00 Trial Batch-6 Cylinders C 192 Quoted Per Project Trimming Cores/Cylinders Each $ 15.00 Unit Weight and Yield C138 T12I Each $ 35.00 AINIIIIECAS MATERIALS TESTING&CONSULTING,INC. Exhibit A-2021 Master Fee Schedule Client Name-City of Auburn Project Location-Various Locations Rates for Services-1/1/2021 to 12/31/2021 Prepared: 10/19/2020 Voids and Density of Hardened Concrete C642 Each $ 75.00 (05) GEOTECHNICAL ENGINEERING&CONSULTING Item Description Unit Rate CESCL-Field Services Site Turbidity and/or pH Monitoring I lour $ 65.00 CESCL-Program Manager Reporting,Consulting&Program Management I lour $ 75.00 Dynamic Cone Penetrometer Team Two(2)person crew Hour $ 140.00 Dynamic Cone Penetrometer Equipment-Drive Points Each $ 15.00 Engineering Geologist WA State Licensed Engineering Geologist flour $ 125.00 Field/Staff Geologist DCP Testing,Exploration Assistance Hour $ 70.00 In-Field Infiltration P.I T.,Pilot Infiltration Tests Hour $ 85.00 Professional Engineer WA State Licensed Engineer Hour $ 150.00 Project/Exploration Geologist Geologic Observation,Logging of Explorations Flour $ 80.00 Pile driving,construction equipment vibration,structure protection,etc.Daily.weekly,and monthly rates Quoted Per Project Seismographs-Vibration Monitoring available Senior Geologist/Engineer Geotechnical Consultation,Report Production I lour $ 95.00 Vibration Monitoring Advising,Data Evaluation,Reporting I lour $ 95.00 Vibration Monitoring w/Seismographs Setup&Data Collection Hour $ 80.00 (05) ENVIRONMENTAL CONSULTING Item Description Unit Rate Environmental Consulting Data Analysis,Review.Report Production Flour $ 95.00 Environmental Field Services Observation/Reconnaissance,Sampling,Document Flour $ 80.00 (11) NON-DESTRUCTIVE TESTING Item Description [;nit Rate ASNT Certified Non-Destructive Examination-ND'f Ultrasonic Testing(UT).Magnetic Particle Testing (MT),Dye Penetrant(PT) Flour $ 95.00 Ground Penetrating Radar-GPR Reinforcing Steel&Tendon Location.Geotechnical& Environmental Site Exploration,Utility Location Quoted Per Project (13) CORING SERVICES Item Description ASTM AASHTO Unit Rate Asphalt Core Density Minimum 3 cores D2726 TI66 Each $ 60.00 Asphalt Thickness Minimum 3 cores D3549 Each $ 35.00 Coring Services Asphalt&Concrete Coring(call for size availability) Flour $ 120.00 Core Bit Wear Charge Equipment charge Inch $ 3.50 Core Compression Test C42 T24 Each $ 30.00 (14) FLOOR FLATNESS/FLOOR LEVELNESS INSPECTION Item Description [nit Rate F-Number assessment of flatness and levelness of Floor Flatness concrete slabs I lour $ 95.00 (30) PROJECT MANAGEMENT&CONSULTING SERVICES Item Description ['nit Rate Construction Manager/CQM NAVFAC Construction Quality Manager,Resident I lour $ 85.00 Project Manager Meetings,Report Review,Final Letter I lour $ 85.00 Technical Director Forensic&Diagnostic Investigation,Expert Witness Hour $ 120.00 (31) MILEAGE&MISCELLANEOUS Item Description Unit Rate Third Party Rentals and/or Services Cost+ 15% Mileage Portal to Portal from nearest MTC location Mile No Charge GENERAL TERMS&CONDITIONS I Field inspection services arc subject to a four(4)hour minimum charge per call.rush sen ices in excess of four(4)hours subject to half hour increments Professional semees arc subject to a tyro(2)hour minimum for in-house"work and a four(4)minimum for field work A premium rate of one and one-half(I'il times the regular rate st ill be charged for all work us excess of eight(R)hours per dayfor night work (work pnor to 6{LOAM,and after 6 OOPM).and for Saturday work Sundays and legal holidays sill be charged at too(21 times the regular rate Sample pickup services are subject to a one(I)hour minimum charge. (or actual duration for projects in excess of 50 miles from an MTC location) Seniees scheduled same-day will be charged at the rate listed on MTC fee schedule A show-up or cancellation without four(4)hours notice is subject to a four(4)hour minimum charge plus applicable mileage and travel Remote jobs shall incur additional charges for subsistence.and ss dl be billed to the Client at cost• 10%.the minimum per diem rate for subsistence is$100.00.Travel charges for site visas still be charged as quoted on the Rid Form Estimate for Sen ices 2 Invmccs are due and paable upon receipt. Am invmec not paid o ithin thirty(30)days of the date rendered mar be assessed a finance charge of one and one-half(I .%)percent per month for each month beyond thirty(30)days past due Invoices not paid oithin sixty(60)days of the date rendered may result in MTC stopping wok until such iIIIVOICCS are paid in full. Invoices not paid otthin 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 MIC lbs the collection of any unpaid insoiee(s I-including collection tees-actual attorneys Res and costs for legal counsel Furthermore.Client acknoyy ledges that MTC may elect to o ithhold a Final Leer of Compliance for the project.and/or place a lien on an,real property until all outstanding invoices and/or fees have been paid in full r :. MATERIALS TESTING 8 CONSULTING,INC. Exhibit A-2021 Master Fee Schedule Client Name-City of Auburn Project Location-Various Locations Rates for Services-1/1/2021 to 12/31/2021 Prepared: 10/19/2020 MTC s work shall not include determiningsupervising or implementing the means.methodstechniques sequencesor procedures of construction MIC shall not be responsible for es aluating.reporting,or affecting lob conditions concerning health_safety.or welfare \ITC-s work.or failure to perform same shall not in any was excuse the contractor-is).subcontractor(s)-and/or supplier(s)from performance of their work n accordance with the contract documents 4 Unless otherwise stated in w ruing.Client assumes sole responsibdits for detcrtmnng the quantity and nature of required workand that it is adequate for if s intended purpose Client shall communicate these general conditions to each third-parr to whom Client comers ant part of MTCs stork MTU shall hake no obligation greater than that set forth in WIC's proposal to ars of Clients third parties Client shall cause all tests and inspection of the site.materials.and work performed b..MIC or others_to be timely and properh performed_in accordance with project plans.specifications.contract documents.and MTC-s recommendations. 5 Client agrees to indemntfi.defend,and hold MTC-its officers.employees agents_and independent contractors harmless from any and all claims.suits_losses.costs.and expenses.including but not limited to.court costs and reasonable anomey s fes arising or alleging to hase nseo out of the perfonnwwee of MT C s work In the meat that Client ora third-party shall bong ant suit.cause of action.claim or counterclaim.that shall Ins olse work performed lit MTC.the Client shall paw to MTC the costs and expenses incurred by MTC to aasyser and/or appear in any such suit-cause of action.claim or counterclaim-including reasonable attorneys feesand the hourly rate of manpower required for response MTC s limit of liability shall rn no event exceed the contract amount 6 Unless other arrangements are made.all samples will be disposed of(311)days after MTC s receipt of material 7 MTC carncs in-excess of the standard insurance required by lass in the State of Washington If additional insurance is required by Client.the Client agrees to pay a minimum Fee of$250 011.and any additional fees plus 211%,incurred be MTC to fulfill Clients request for such insurance 1 Comprehensive cost estimates and pricmg are available upon request and maw wan from this F:.xhlbnt A-Schedule of Charges Scheduling and Sequent mg of a construction project are controlled lit ndinduals and organizations not owned or operated lit MTC.therefore if an Estimate of Fees is generated.it shall not guarantee a maximum cost to complete the services required and or requested to complete the construction project The quantities Included in our Estimate of Fees are based in part and upon construction documents and schedules made available to MTC at the time of the proposal 9 Should the rates quoted ss rthin this fee schedule not match the rates quoted lit mit on its original proposal the ongnal proposal shall control 10 The rates as stated in this Exhibit A-Schedule of Charges arc applicable through the last day of the calendar sear issued.unless otherwise contracted The Terms and Conditions as oudned in the General Conditions for Construction Materials Engncenng&resting Services Agreement arc incorporated herein by reference I I \ITC will not issue a final mspection letter until all outstanding Invoices for that project hase been paid 12 All designs.drawmgs.specifications.notes.data sample materials(exclusive of hazardous substances).report reproducibles and other work des eloped by.MTC arc Instruments of service and as such remain the proper of MTC. ( 11Y Au B ui Nancy Backus, Mayor WASHINGTON Nest t eet A Zhu it cc300) 11918 wv,vv.a,l.ubui'rtwa c1>v 25',-93 -NCO March 22, 2019 Chuck Schott Parametrix, Inc. 1019 39th Avenue SE Puyallup, WA 98374 RE: Agreement for Professional Services, AG-C-492 Project No. CP1521, 15th Street NE/NW Preservation Dear Mr. Schott: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed on March 21, 2019. Our records indicate that we processed the final payment for this agreement on January 9, 2019 for invoice #06964 in the amount of $908.44. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by April 3, 2019. Thank you for your firm's professional services. If you should have any questions, feel free to give me a call at 253-804-5059. Sincerely, Kim•Truong Project Engineer Public Works Department KT/cw/m m cc: Shawn Campbell, City Clerk AG-C-499 ENG-216,Revised 12/18 (� ,,,� N MO F THAN `0t_l IMA( INFL)