Loading...
HomeMy WebLinkAboutPW11-143 - Original - Mayes Testing Engineers, Inc. - Guiberson Corrosion Control Facilities Inspection & Material Testing - 04/08/2011 Records Marr-6 emre KENO Document W ASHINGTON ; __ AL' s CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: -Mayes Testing Engineers, Inc. 9 9 , Vendor Number: JD Edwards Number Contract Number: PW I I - I L13 This is assigned by City Clerk's Office Project Name: Guiberson Corrosion Control Facilities Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Pete Tenerelli Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide inspection-and matenals_testingservices for the protect. �i8�,-� S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 K E N T Wn..IH.r.H CONSULTANT SERVICES AGREEMENT between the City of Kent and Mayes Testing Engineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mayes Testing Engineers, Inc. organized under the laws of the State of Washington, located and doing business at 20225 Cedar Valley Road, Lynnwood, WA 98036, Phone: (425) 742-9360/Fax: (425) 745-1737, Contact: Paul Myers (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide inspection and materials testing services for the Guiberson Corrosion Control Facilities Project. For a description, see the Consultant's March 10, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Five Thousand, Twenty Four Dollars ($35,024.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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, agents 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written,provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: Q 1�7i By: „ /� By: (signature) (signature) Print Name:_ i .G,a t( _ S. ��G(Y Pri N uzette Cooke Its fCf r tv.//66*1 It Ma or DATE: 3 2 1 ( DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Paul Myers Timothy J. LaPorte, P.E. Mayes Testing Engineers, Inc. City of Kent 20225 Cedar Valley Rd. 220 Fourth Avenue South Lynnwood, WA 98036 Kent, WA 98032 (425) 742-9360 (telephone) (253) 856-5500 (telephone) (425) 745-1737 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: I Ke t Law Department Mayes-Gulbenon/7enerclll CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 2��� day of P4rc 20it. By: d _� For: Title: V<{ ?I+P f rrdYrN f Date: Z2- / EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Mayes Testing Engineers, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Guiberson Corrosion Control Facilities that was entered into on the April 8, 2011, between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 201_. By: r� - � For: Mayes Testing Engineers, Inc . Title: Branch Manager Date: 1/10/2013 EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A In addition to special inspections and materials testing that Mayes Testing Engineers will provide, we will utilize subconsultants GPI/Greenman-Pedersen for coatings inspection and GeoDesign for geotechnical engineering services We understand our scope of work to include • Soil Density Testing of Backfill • Reinforced Concrete Inspection • Proprietary Anchor Inspection • Masonry Inspection • Structural Steel Fabrication Inspection • Structural Steel Erection Inspection • Geotechnical Construction Observation (GeoDesign) - Site Grading Observation - Foundation Subgrade Excavation Observation - Proofrolling Observation - Soil Bearing Verification • Attend preconstruction meetings, participate in periodic project progress meetings • Provide onsite construction inspection and recommendations regarding construction materials as requested • Observe placement and procedures of materials Provide a WABO certified inspector where required • Provide density tests to confirm compaction and testing specification requirements Sample imported material to evaluate and confirm specification requirements This includes laboratory testing for each material type imported to the site Testing methods will be performed according to current applicable standards • Provide miscellaneous professional services related to this project as directed, photograph construction materials and methods as appropriate or as directed by the Owner's Representative • Provide to the owner notification of fading test results within 2 hours of discovery during normal working hours related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's Representative • Provide time sheets with each invoice that verify Consultant employee(s), day, date and times worked, hourly rate, total per day, mileage, tests performed and test fees, and any other pertinent information required to verify invoiced charges • Hourly rates include all test equipment for our services A Licensed P E reviews all reports and computer-generated copies are mailed to all parties on the project distribution list Hours are broken down according to task in the fee schedule • Equipment and materials will include equipment used by an inspector the field in the performance of normal working duties • Unit rates valid for anticipated duration of the protect MAYES TESTING ENGINEERS, INC. EXHIBIT B City of Kent Guiberson Corrosion Control Facility Testing and Inspection Services Mayes Testing Engineers Cost Estimate No. 11110T - Revision Two Estimated No. Extended Item of Units Unit Price Total Inspection Services Soils Technician (Includes density testing of backfilled material for utility lines only) 48 Hours 60 00 /hr 2,88000 Estimate 12 inspections at 4 hours per inspection Reinforced Concrete Inspection 50 Hours 53 00 /hr 2,65000 Estimate 10 inspections at 5 hours per inspection Proprietary Anchor Inspection (Includes expansion and epoxy grouted anchors) 12 Hours 53 00 /hr 63600 Estimate 3 inspections at 4 hours per inspection Masonry Inspection 32 Hours 53 00 /hr 1,69600 Estimate 8 inspections at 4 hours per inspection Structural Steel Fabrication Inspection 8 Hours 58 00 /hr 46400 Estimate 2 inspection at 4 hours per inspection Structural Steel Erection Inspection 16 Hours 58.00 /hr 92800 Estimate 4 inspections at 4 hours per inspection Asphalt Technician 8 Hours 60.00 /hr 48000 Estimate 1 inspection at 8 hours per inspection Concrete Slab Moisture Emissions Testing 20 Hours 125.00/hr 2,50000 Geotechnical Construction Observation (Sub consultant- GeoDesign for geotechrncal monitoring of overexcavations and fill, includes 10%markup) Senior Associate 45 Hours 160 00/hr 7,200 00 Technician 30 Hours 80 00 /hr 2,40000 Laboratory, Project Management 1,31000 10% Subconsultant Markup 1,090 00 Coatings Inspections (Subconsultant-GPI Greenman/Petersen,includes 10% markup) Inspection Services 48 Hours 90 00 /hr 4,32000 Supplies, Project Management 68000 10% Subconsultant Markup 50000 Project Management (Includes meetings, site visits, report review, mix design review, and misc consultation) 30 Hours 95 00/hr 2,85000 MAYES TESTING ENGINEERS, INC. City of Kent Guiberson Corrosion Control Facility Testing and Inspection Services Mayes Testing Engineers Cost Estimate No. 11110T - Revision Two Estimated No. Extended Item of Units Unit Price Total Laboratory Services Soil Moisture Density Relationship Test(Proctor) 2 Each 200 00 ea 40000 Sieve Analysis Test (includes particles finer than#200) 2 Each 200 00 ea 40000 Concrete Compressive Strength Cylinder Test 40 Each 22 00 ea 88000 Masonry Prism Test (grouted or ungrouted) 6 Each 110 00 ea 66000 Asphalt Rice Density Test 1 Each 100 00 ea 10000 Miscellaneous Services Cylinder Pick-up No Charge Mileage No Charge Secretarial Services (Types reports, mad,postage, etc) No Charge Total Estimated Costs: $ 35,024.00 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. MAYES TESTING ENGINEERS, INC. 11 FEE SCHEDULE AND GENERAL CONDITIONS Inspection Services Concrete Inspection (includes Reinforcing Steel, Concrete Placement, Shotcrete, Augercast Grout, Grout, Batchplant) 60 00 /hour Post Tension Concrete Inspection (includes placement and stressing) 60 00 /hour Proprietary Anchor Inspection (includes Epoxy Grouted and Expansion Anchors) 60 00 /hour Masonry Inspection (includes cmu and brick veneer) 60 00 /hour Lateral Framing Inspection (includes wood and light gauge) 60 00 /hour Seismic Resistance System Inspection 60 00 /hour Fiber-Reinforced Polymer Inspection 60 00 /hour Fireproofing Inspection 6000 /hour Intumescent Paint Inspection 65 00 /hour Soils Technician (includes nuclear densometer) 67 00 /hour Asphalt Technician (includes nuclear densometer) 67 00 /hour Asphalt or Concrete Coring Technician 75 00 /hour Laboratory Technician 75 00 /hour_ Lead Inspector 6700 /hour Structural Steel/Welding Inspection (includes bolting) 65 00 /hour Non-Destructive Testing Dye Penetrant Testing 70 00 /hour Magnetic Particle Testing 70 00 /hour Ultrasonic Testing 70 00 /hour Laboratory Services Concrete Testing Air Dry Unit Weight Test 40 00 each Concrete Absorption, Unit Weight and Moisture Content Test 4500 each Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (includes curing, breaking&report) 2200 each Concrete Compressive High Strength Cylinder Test(over 10,000 psi) 3000 each Concrete Core Compressive Strength Test (includes trimming and testing) 6600 each Concrete Flexural Strength Beam Test 5000 each Concrete Shrinkage Test (ASTM C157-set of 3) 30000 each Length of Concrete Core Test(ASTM C174) 3000 each Mix Design 1 Point Verification &3 Point Water Cement Curve quoted on request Modulus of Elasticity Test 10000 each Shotcrete Panel Test (includes 4 cores) 14000 each Voids and Density of Hardened Concrete Test(ASTM C642) 75 00 each Masonry Testing Brick Absorption Test (24 hour soak) 4500 each Brick Absorption Test (5 hour boil) 7000 each Brick or Masonry Efflorescence Test (set of 5) 8500 each Brick or Concrete Paver Compression Test 4500 each Masonry Absorption, Unit Wt And Moisture Content Test 4500 each Masonry Unit Compression Test 5500 each Masonry Drying Shrinkage Test(set of 3) 30000 each Masonry Grout or Mortar Compressive Stength Test 2200 each Masonry Prism Test(grouted or ungrouted) 11000 each Retaining Wall Unit Absorption Test 4500 each Retaining Wall Unit Compression Test 110 00 each Asphalt Testing Asphalt Marshall Mix Design Test(5 points) 350000 each Asphalt Core Density Test 3500 each Asphalt Ignition & Gradation Test 25000 each Asphalt Marshall Set Test (flow, stability, voids) 44000 each Asphalt Oil Content Test 8000 each Asphalt Rice Density Test 10000 each Asphalt Stripping Test 3000 each Asphalt Superpave Set Test (VMA, VFA and VA) 550 00 each 3 'Laboratory Sods and Aggregate Testing Atterberg Limits Tests 12000 each Liquid Limit Only Test 75 00 each Plastic Limit Only Test 5500 each California Bearing Ratio Test (CBR-with proctor) 550 00 each Clay Lumps and Friable Particles Test 9000 each Degradation Test 13500 each Flat and Elongated Particles Test 9000 each LA Abrasion Test 150 00 each Lightweight Pieces in Aggregate Test(coal and lignite) 8000 each Organic Impurities Test 45 00 each Organic Matter Analysis (loss on ignition by weight) 6000 each R-Value Test 32500 each Sand Equivalent Test 6000 each Sieve Analysis Test(dry only) 13000 each Sieve Analysis Test(includes particles finer than #200) 20000 each Sodium Sulfate Soundness Test 25000 each Soil Hydrometer Analysis 22500 each Soil Moisture Content Test(natural) 3000 each Soil Moisture Density Relationship Test(proctor) 20000 each Soil Relative Density Test 22500 each Soil Specific Gravity Test 8500 each Specific Gravities Coarse Aggregate Test 5500 each Specific Gravities Fine Aggregate Test 8500 each Unit Weight Test 4500 each Miscellaneous Testing Fractured Face Count Test 7500 each Fiber-Reinforced Polymer Tensile Test(set of 5) 60000 each Fireproofing Density Test 8000 each Machining Tensile Test Cost+ 15% Macroetch Test (evaluation only orsample preparation) 50 00 each Moisture Emission Test Kits 3000 each Reduced Section Tensile Coupons Test 45 00 each Reinforcing Steel#10-#18 Tensile Test 8500 each Reinforcing Steel#3 -#9 Tensile Test 6000 each Splitting Tensile Test 8000 each Stressing Strand Tensile Test (breaking strength only) 6000 each Tensile Test on Coupon Assembly (with slippage#3-#9) 80 00 each Tensile Test on Coupon Assembly (with slippage#10-#18) 105 00 each Universal Test Machine & Operator 12500 /hour Weld Fracture Test 8000 each Engineering Services NDE Level III Consultation 15000 /hour Principal Engineer 15000 ihour Staff Engineer 12500 /hour Engineering Technician 105 00 !hour Project Manager 9500 /hour Testing Services Floor Flatness Testing 125 00 /hour Impact Echo Testing 125 00 /hour Load Testing 125 00 /hour Moisture Emissions Testing 125 00 /hour Pachometer Testing 125 00 /hour Mileage (charged only outside our regular service area) 0 65 /mile Subsistence (lower 48 states) Federal GSA Rate Reimbursable Expenses (commercial travel, rentals, consumab/es, etc) Cost+ 15% Subconsultants Cost+ 15% .r EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, Fired 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 shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single it for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect 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 contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. A�RD> CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) 3/912 3/9l2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT Commercial Lines-(206)892-9200 NAME PHONE FAX Wells Fargo Insurance Services USA,Inc -CA Lic# OD08408 IAJC.No.E-MAIL Ex AIc No ADDRESS 601 Union Street,Suite 1300 PRODUCER MAY41529 Seattle,WA 98101-1371 INSURERS AFFORDING COVERAGE NAIC M INSURED INSURERA Travelers Indemnity Company 25658 Mayes Testing Engineers,Inc (WA) INSURER B Phoenix Insurance Company 25623 20225 Cedar Valley Rd, Ste 110 MA�7R ■1�y'01/y�2011 INSURERC Continental Casualty Company 20443 • v■ KE� INSURER E CITLynnwood, NA sao3s ENGINEERING DE NSURER F COVERAGES CERTIFICATE NUMBER 2455824 REVISION NUMBER See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE NSR WVD SUER POLICY NUMBER MMIDO POLICY EFF Ml POLICY EXP LIMITS A GENERALLIABILITY 68081361-387 02/01/11 02/01/12 EACH OCCURRENCE $ 1_000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ CLAIMS MADE O OCCUR MED EXP(Any one person) $ 5,000 X WA STOP GAP PERSONAL&ADV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2000,000 17 POLICY X PRO- LOC Employers Liability $ 1MI$1M B AUTOMOBILE LIABILITY BA8138 L829 02/01/11 02/01/12 COMBINED SINGLE LIMIT accident)(Ea $ 1,000000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE $ X HIREDAUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- Ii A AND EMPLOYERS'LIABILITY YIN 6808136L387 02/01/11 02/01/12 1EEL ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED7 ❑N NIA WA Stop Gap (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E L DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liability MCH113990607 02/01/11 02/01/12 $2,000,000/CLAIM $2,000,0001AGG and Pollution Liability $150 000 Deductible Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE GUIBERSON CORROSION CONTROL FACILITY PROJECT CITY OF KENT IS ADDITIONAL INSURED UNDER GENERAL LIABILITY,COVERAGE IS PRIMARY AND NON-CONTRIBUTORY,AND ADDITIONAL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn Peter M Tenerelli ACCORDANCE WITH THE POLICY PROVISIONS 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD CID MAY41529 SID 2455824 Additional Remarks Schedule (Continued from Page 1 INSURED UNDER AUTO LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED PER THE ATTACHED ENDORSEMENTS SEPARATION OF INSUREDS CLAUSE APPLIES DJT Additional Remarks Schedule-Con`t C,,jMMERCiAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED (Section 11) is amended to However, if you specifically agree in a "contract or include any person or organization that you agree agreement requiring insurance"that the insurance in a "contract or agreement requiring Insurance" provided to an additional insured under this Cov- to include as an additional insured on this Cover- erage Part must apply on a primary basis or a age Part, but primary and non-contributory basis, this insurance a. Only with respect to liability for"bodily injury", is primary to other insurance that is available to "property damage" or"personal injury", and such additional insured which covers such addi- tional insured as a named insured, and we will not b. If the injury or damage arises out of the per- share with the other insurance, provided that formance, by you or your subcontractor, of "your work" to which the "contract or agree- (1) The "bodily injury" or "property damage" for ment requiring insurance" applies Such per- which coverage is sought occurs; and son or organization does not qualify as an (2) The "personal Injury" for which coverage is additional insured with respect to their inde- sought arises out of an offense committed; pendent acts or for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that agreement requiring insurance". But this insur- person or organization has assumed liability ance still is excess over valid and collectible other in a contract or agreement insurance, whether primary, excess, contingent or 2. The Insurance provided to the additional insured on any other basis, that is available to the insured by this endorsement is limited as follows- when the insured is an additional insured under a. This insurance does not apply on any basis to any other insurance any person or organization for which cover- 4. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITiONS (Section IV)- b. This insurance does not apply to the render- We waive any rights of recovery we may have Ing of or failure to render any "professional against any person or organization because of services" payments we make for "bodily injury", "property c. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your ._. tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed to provide in that "contract or agree- a "contract or agreement requiring insurance"with ment requiring insurance", or the limits shown that person or organization We waive these in the Declarations for this Coverage Part, rights only where you have agreed to do so as _ whichever are less This endorsement does part of the "contract or agreement requiring insur- not increase the limits of insurance stated in ance" with such person or organization entered the LIMITS OF INSURANCE (Section 111) for into by you before, and in effect when, the "bodily this Coverage Part. injury" or "property damage" occurs, or the "per- sonal injury"offense is committed _. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL S. As respects the insurance provided to the addi- LiABILiTY CONDITIONS (Section IV)- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V) CG D3 81 09 06 ©2006,The St Paul Travelers Insurance Companies,Inc Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc,with its permission oosoi� COMMERCIAL GENERAL UA6,.iTY "contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement un- agreement; der which you are required to include a person or b. While that part of the contract or agreement is organization as an additional insured on this Cov- in effect, and erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- c. Before the end of the policy period. jury" is caused by an offense committed: All other terms of your policy remain the same. Page 2 of 2 ®2006,The St Paul Travelers Insurance companies,Inc CG D3 8109 06 Includes copyrighted material of Insurance Services Office,Inc,with its permission. 68081361-387 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury"or"advertising injury"for r i arises f n COMMERCIAL GENERAL LIABILITY CONDITIONS �i� coverage s sought ses out o a of- (Section IV), Paragraph 4. (Other Insurance), Is fense committed amended as follows- subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additionail subparagraph under a primary and non-contributory basis, this inuur- Subparagraph(1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and I CG DO 37 04 05 Copyright 21305 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- (d) Costs for extended warranties, Credit Life ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability unless modified by the endorsement. Insurance purchased with the loan or A. PERSONAL EFFECTS COVERAGE lease; and SECTION III — PHYSICAL DAMAGE COVER- (e) Carry-over balances from previous loans AGE, A. Coverage, 4. Coverage Extensions is or leases. amended by adding the following: C. COVERAGE EXTENSION — AUDIO, VISUAL Personal Effects Coverage AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION We will pay up to $400 for "loss" to wearing ap- OF SOUND parel and other personal effects which are. SECTION III — PHYSICAL DAMAGE COVER- (1) owned by an "insured", and AGE, B. Exclusions, exception paragraph a. to (2) in or on your covered "auto"; exclusions 4.c & 4.d is deleted and replaced with In the event of a total theft "loss" of your covered the following "auto" a. Equipment and accessories used with such No deductibles apply to Personal Effects Cover- equipment, except tapes, records or discs, age provided such equipment Is permanently in- stalled in the covered "auto" at the time of the B. AUTO LOAN LEASE GAP COVERAGE "loss" or Is removable from a housing unit SECTION III — PHYSICAL DAMAGE COVER- which is permanently installed in the covered AGE, A. Coverage, 4. Coverage Extensions is "auto" at the time of the "loss", and such amended by adding the following- equipment is designed to be solely operated Auto Loan Lease Gap Coverage for Private by use of the power from the "auto's" electri- Passenger Type Vehicles cal system, in or upon the covered "auto", or In the event of a total "loss"to a covered "auto"of D. WAIVER OF DEDUCTIBLE—GLASS the private passenger type shown in the Schedule SECTION III — PHYSICAL DAMAGE COVER- or Declarations for which Physical Damage Cov- AGE, D. Deductible is amended by adding the erage is provided, we will pay any unpaid amount following due on the lease or loan for such covered "auto" No deductible for a covered "auto" will apply to less the following glass damage if the glass is repaired rather than (1) The amount paid under the Physical Damage replaced. Coverage Section of the policy for that"auto", E. HIRED AUTO PHYSICAL DAMAGE COVER- and AGE (2) Any: SECTION III — PHYSICAL DAMAGE COVER- (a) Overdue lease/loan payments at the time AGE, A. Coverage, 4. Coverage Extensions is of the "loss", amended by adding the following. (b) Financial penalties imposed under a Hired Auto Physical Damage Coverage Exten- lease for excessive use, abnormal wear sion and tear or high mileage, If hired "autos" are covered "autos" for Liability (c) Security deposits not returned by the les- Coverage and this policy also provides Physical sor, Damage Coverage for an owned "auto", then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office, Inc with its permission. Page 1 of 2 Includes the copyrighted matenal of The St Paul Travelers Companies, Inc COMMERCIAL AUTO Physical Damage Coverage is extended to tent required of you by a written contract exe- "autos"that you hire, rent or borrow subject to the cuted prior to any "accident" or "loss", pro- following vided that the "accident" or"loss" arises out of , (1) The most we will pay for loss many one the operations contemplated by such con- accident" to a hired, rented or borrowed tract.The walver applies only to the person or "auto"is the lesser of- organization designated in such contract (a) $50,000; G. BLANKET ADDITIONAL INSURED (b) The actual cash value of the dam- SECTION II— LIABILITY COVERAGE, part A. 1. aged or stolen property as of the time Who Is An Insured, paragraph c. is amended by of the "loss"; or adding the following. (c) The cost of repairing or replacing the Any person or organization that you are required damaged or stolen property with to include as an additional insured on this Cover- other property of like kind and quality. age Form in a written contract or agreement that is signed and executed by you before the "bodily (2) An adjustment for depreciation and injury" or "property damage" occurs and that is in physical condition will be made in deter- effect during the policy period is an "insured" for mining actual cash value in the event of a Liability Coverage, but only for damages to which total "loss" this insurance applies and only to the extent that (3) If a repair or replacement results in better person or organization qualifies as an "insured" than like kind or quality, we will not pay under the Who Is An Insured provision contained for the amount of betterment. in Section Il. (4) A deductible equal to the highest Physical H. EMPLOYEE HIRED AUTOS Damage deductible applicable to any SECTION II — LIABILITY COVERAGE, A. Cov- owned covered "auto" erage, 1.Who Is An Insured is amended by add- (5) This Coverage Extension does not apply ing the following to: An "employee" of yours is an "insured" while op- (a) Any"auto"that is hired, rented or bor- erating an "auto" hired or rented under a contract rowed with a driver, or or agreement in that "employee's" name, with (b) Any"auto" that is hired, rented or bor- your permission, while performing duties related rowed from your"employee". to the conduct of your business F. BLANKET WAIVER OF SUBROGATION 1. COVERAGE EXTENSION—TRAILERS SECTION IV— BUSINESS AUTO CONDITIONS, SECTION I — COVERED AUTOS, C. Certain A. Loss Conditions, 5. Transfer Of Rights Of Trailers, Mobile Equipment and Temporary Recovery Against Others To Us is deleted and Substitute Autos, paragraph 1. is deleted and replaced by the following replaced by the following 5. Transfer Of Rights Of Recovery Against 1. "Trailers" with a load capacity of 3,000 Others To Us pounds or less designed primarily for travel We waive any right of recovery we may have on public roads. against any person or organization to the ex- Page 2 of 2 Includes the copyrighted material of Insurance Services Office,Inc with its permission CA T4 20 07 06 Includes the copyrighted material of The St Paul Travelers Companies, Inc REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes KENO WASHIN GTON This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Pete Tenerelli Phone (Originator)- 5535 Date Sent 4/6/11 Date Required 4/13/11 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: Mayes Testing Engineers, Inc DATE OF COUNCIL APPROVAL: 4/5/11 Brief Explanation of Document The attached agreement is for Mayes Testing Engineering to provide inspection and materials testing for the Guiberson Corrosion Control Facilities Project For a summary, see the attached prepared by Pete Tenerelli RECEIVED All Contracts Must Be Routed Through the Law Department 1 7- (This Area to be Completed By the law Department) ` fC City of rent Received: ECEI 50 C® Offlee of the Mil yor Approval of Law Dept.: APR 0 6 2011 Law Dept Comments 1 l KENT LAW DEPT Date Forwarded to Mayor I Shaded Areas to Be Completed by Administration Staff Received. n V,! FE Recommendations & Comments: II �!� I 1 ���/// 1 l� n rtn., it l l Disposition: �� Lj A0 Date Returned: Iage5870_templatebase • 2/07