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HomeMy WebLinkAbout5262Contract Number Vendor Sub�ect Department File Class. Begin Date End Date Review Date: Vault Date Comments 5262 MATERIALS TESTING & CONSULTING GSA - Pacific Ave Englneering LEG 12-1 7/8/2013 5/24/2014 1/1/2014 � COODS AND SERVICES AGRECMCNT THIS AGREEMENT, �s entered mto between the C{ty of Bremerton, a Wash�ngton Mumcipal Corporation ("Ctry"), and Materials Testmg & Consulting, Inc. ("Vendor"), whose ma�l�ng address is 5451 NW IVewberry Hill Road, Su�tc 101, Sdverdale, WA 98383 The part�es agree as follows 1. VGNDOR SERVICES The Vendor shall provide the following goods and materials and/or perform the following services for the City SCHEDi1LE A 2 TIME OF COMPLGTIOIY. Ve�dor shail complete the work and provide all goods, materials and services wtthin 320 calendar days from the date all parties have signed this Agreement � 3. COMPENSATION. The C�ty shall pay the Vendor the total amount of $18.400, includmg 25 percent contingency and applicabie Washmgton State Sales Tax, foi the goods, matenals and servtces contemplated �n th�s Agreement The City shall pay the Vendor the followmg amounts accordmg to the following schedule SCHEDULC A A Defectrve or Unauthorized Work The City reserves its r�ght to withhold payment from Vendor for any defective or unauthorized goods, materials or services If Vendor is unable, for any reason, to complete any part of this Agreement, the C�ty may obtain the goods, materials or services by AgCeemeStt or otherwtse, and Vendor shall be liable to the C�ty for any addit�onal costs incurred by the City "Additional costs" sha�l mean all reasonable costs, �ncluding legal costs and attorney fees, mcurred by the Ctty beyond the max�mum Agreement price specified above The City further reserves its nght to deduct the cost to complete this Agreement, includmg any Addit�onal Costs, from any and all amounts due or to becorne due the Vendor 4. IIYDEPE(YDCIYT COIVTRACTOR. Contractor is and shall be at all hmes act�ng as an mdependent contractor and not as an employee of the City The Contractor shali secure at its expense, and shall be responsible for all payments of �ncome tax, soc�al security, state disability insurance compensation, unemployment compensation, and all other payroll deduct�ons for the Contractor, officer, agents, employees and sub-contractors The Contiactor shall also secure all applicable busmess I�censes, if reqwred, m connect�on with the contract services, mcludmg all required licenses for Contractor's officers, agents, employees and sub-contractors 5. TERMIIYAT[ON. The City may term►nate this Agreernent for good cause "Good cause" shall mclude, without limitat�on, any one or more of the follow�ng events A The Vendor's refusal or failure to supply a sufficient number of properly sktlled worhers or proper matenals for complet�on of this Agreement B The Vendor's failure to complete this Agreement withm the time specified m th�s Agreement. C The Vendor's fa�lure to make ftill and prompt payment to subcontractors or for mater�al or labor u l Immediately give a signed �vritten notice of protest to the C�ty, 2 Supplement the wntten protest w�thm fourteen (14) calendar days with a written statement that provides the following mformation a The date of the Vendor's protest b The nature and circumstances that caused the protest c The prov�sions �n this Agreement that support the protest d The estimated dollar cost, if any, of the protested work and haw that estimate �vas determmed e An analysis of the progress schedule show�ng the schedule change or disrupt�on if the Vendor is assert�ng a schedule change or disruption 3 The Vendor shall keep complete records of extra costs and time mcurred as a result of the protested work The City shail have access to any of the Vendor's records needed for evaluatmg the protest The C�ry �vill evaluate all protests, provided the procedures tn thts sect�on are foliowed if the City determ�nes that a protest is val�d, the City will ad�ust payment for work or t�me by an equitable adJustment No ad�ustment will be made for an mvalid protest B Vendor's Dutv to Com�lete Piotested Work In spite af any protest, the Vendor shall pioceed promptly to provide the goods, materials and services required by the City under this Agreement t D E The Vendor's fa�lure to complete with federal, state or focal laws, rules or tegulations The Vendor's filmg for bankruptcy or becoming ad�udged bankrupt If the Ciry terminates this Agreement for good cause, the Vendor shall not recerve any �furthei monies due under this Agreement until the goods, mater�als and services required by this Agreement are completed and fully performed 6. CHAIYGES The C�ty may issue a written change order for any change m the goods, materials or services to be provided during the performance of th�s Agreement if the Vendor determmes, for any reason, that a change order �s necessary, Vendor must submit a written change order request to an authorized agent of the Crty w�thm fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events givmg rise to the requested change If the Ctty determines that the change mcreases or decreases the Vendor's costs or time for performance, the Crty tvill make an equitable ad�ustment The City �vill attempt, tn good fa�th, to reach agreement with the Vendor on all equitable ad�ustments However, ►f the parties are unable to agree, the City wil( determme the equ�tabfe adJustment as it deems appropnate The Vendor shall proceed w�th the change order work upon receiv�ng erther a written change order from the City or an oral arder from the City before actually rece►ving the written change order lf the Vendor fa�ls to require a change order w�thm the time allowed, the Vendor waives rts r�ght to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees �vith the equ�table ad�ustment the Vendor must complete the change order work, however, the Vendor may elect to protest the ad�ustment as provided below A Procedure and Protest by the Vendor If the Vendor d�sagrees with anything requ�red by a change order, another wr�tten order, or an oral oider from the City, mcluding any d�rection, �nstruction, �nterpretation, or determmation by the Ctty, the Vendor shall C Vendor's Acceptance of Chan�es The Vendor accepts all requ�rements of a change order by ( I) endorsmg U, (2) writmg a separate acceptattce, or (3) not protest�ng �n the way th�s sectton provides A change order that ts accepted by Vendor as provided in th�s section shall constitute full payment and final settlement of all claims for contract time and for d�rect, �ndirect and consequential costs, including costs of delays ielated to any work, e�ther covered or affected by the change D Failure to Protest Const�tutes Warver By not protesting as thts sect�on provides, the Vendor also warves any additional entitlement and accepts from the Ciry any written or oral order (mcludmg directions, instructions, mterpretations, and determ►nat►on) E Failure to Follow Procedures Constitutes Warver By failing to follow the procedures of this section, the Vendor completely �vaives any claims for protested work and accepts from the C�ty any wntten or oral order (mclud�ng d�rect�ons, mstructions, mterpretutions, and determmation) 7. CLAIMS. The Vendor shall g�ve wr�tten notice to the City of all claims other than change orders wtthin fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, �vhether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim �s made in str�ct accordance with the applicable prov�sions of th�s Agreement, or, if (and only �� no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts givmg rise to the claim At a mmimum, a Vendor's written claim must �nclude the information set forth regarding protests in Sect�on 6(A)(2)(a)-(e) FAILURE TO PROV[DE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING TNAT CLAlM OR CAUSED BY THAT DELAY Vendor must, m any event, file any claim or bnng any suit ar�sing from or connected with this Agreement withm 120 calendar days from the date the contract �vork ts complete 8. WARRANTY The Vendor shall correct all defects �n �vorkmansh�p and materials within one year from the date of the City's acceptance of the Contract work When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the C�ry The Vendor shall begm to correct any defects wrthin seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable time, the C�ty may compiete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correctton 9. INDEMNIFJCATlOIV. Vendor shall defend, mdemnify and hold the City, �ts officer, offic�als, employees, agents and volunteers harmless from any and all cla�ms, in�uries, damages, losses or surts, including all legal costs and attorney fees, aristng out of or in connection wtth the perPormance of this Agreement Vendor's obligation to �ndemmfy shall not extend to that portion of darnages caused by the City's sole negl�gence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemmfication Should a court of competent �ur�sdict�on determine that this Agreement is subJect to RCW 4 24 I I5, then, m the event of liability for damages arismg out of bod�ly in�ury to persons or damages to properry caused by or resultmg from the concurrent negl�gence of the Vendor and the City, �ts officers, officials, employees, agents and volunteers, the Vendor's I�abiliry hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNtFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS [NDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of th�s sect�on shall survive the exp�rat�on or termmation of this Agreement 10 INSURAIYCG The Vendor shall procure and mamtatn for the duration of this Agreement, tnsurance against claims for in�unes to persons or damage to property that may arise fiom or m connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors Before begmning work on the pro�ect described m this Agreement, the Vendor shall provide a Certificate of Insurance evidencing 1 Automobile Liabilitv msurance with limits no less than $1,000,000 comb�ned smgle limtt per acctdent for bodily m�ury and property damage, and 2 Commercial General L�abilitv �nsurance wr�tten on an occurrence basis with lirnits no less than $ I,000,000 combmed s�ngle I�mit per occurrence and $2,000,000 aggregate for personal injury, bodily tn�ury and property damage Coverage shall include but not be limited to bianket contractual, products/completed operations/broad fotm property damage, and employer's liab�lity Any payment of deduct�ble or self �nsured retention shall be the sole responsib�lity of the Vendor . All required pol�c�es shall be prov�ded on an "occurrence" basis except professional I�abiliry insurance (if requ�red), wh�ch shall be prov�ded on a"cla�ms-made" basis The City shall be named as an additional msured on the Commerc�al Generai Liabdtty insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the C�ty as add�tional tnsured shall be attached to the Ceriificate of lnsurance The City reserves the right to recetve a certified copy of all the required insurance poliaes The Vendor's Commerc►al General Liabilrty msurance shall contain a clause stat�ng that coverage shall apply separately to each �nsured against whom claim is made or suit is brought, except with respects to the limits of the �nsurer's liabil�ty The Vendor's insurance shall be primary �nsurance as respects the City and and �t shall be an affirmative obligation upon Consultant to adv�se the City's Risk Manager by fax at (360) 473-5161, or by cert�fied mail, return receipt requested to City of Biemertan, attn R�sl. Management, 345 6'�' Street, Suite 600, Bremerton, WA 98337 withm two days of the cancellatton, suspension or substantrve change of any insurance pol�cy set out herem, and failure to do so shall be construed to be a breach of th�s Agreement The City also reserves its unqualified nght to reqwre at any time and for any reason, proof of coverage in the form of a duplicate of the �nsurance policy w�th all endorsements as evidence of coverage i l. MISCELLANEOUS A Licenses and Taxes Vendor shall possess a current Bremerton Busmess L�cense and any regulatory I�cense required to fulfill Vendor's obltgat�ons under this contract B&O taxes shall be paid when due, and Vendor, by thts agreement, assigns any payments due under this contract to the C�ry Clerk for payment of such taxes which have been declared delmquent B Confl�ct and Precedence In the event of a conflict between the contract documents, the document wh�ch rates higher on the follow�ng list shall take precedence, ( Addenda, if any, 2 Contract, 3 Specificat�ons, 4 Terms and Conditions, 5 Contractor's proposal C Documents fncorporated bv Reference The followmg documents are incorporated by reference, to include, but not be hmited to 1 Terms and Condittons, 2 Specifications, 3 Proposal, and 4 Non-Collusion Affidavit D Nond�scrimmation In the hiring of employees for the performance of work under this Agreement the Vendor, rts subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origm, or the presence of any sensory, mental, or physical disab�l�ty, d�scriminate agamst any person who �s qualified and ava�lable to perform the work to wh�ch the employment relates E Compliance wrth Laws Vendor shall comply �vrth ail federal, state and local laws, rules and regulations throughout every aspect m the performance af this Agreement F Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors �n the performance of this Agreement All �voik shal) be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other art�cles used or held for use m connection with the work G Governme Law This Agreement shall be governed and construed �n accordance with the laws of the State of Washington If any dispute arises bet�veen the C�ty and Vendor under any of ihe provistons of this Agreement, resolution of that dispute shall be ava�lable eKClusively under the Jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washmgton H Attornev's Fees In any claim or lawsuit f�r damages arismg from the parties' performance of this Agreement, each parry shall be responsible for payment of its own legal costs and attorney's fees incurred m defending or brmging such claim or lawsu�t, however, nothmg m th�s subsection shall lim�t the City's right to mdemni6catton under Sectton 9 of this Agreement 1 Written Notice All communications regardmg this Agreement shall be senl to the parties at the addresses listed below, unless otherw�se notified Any wr�tten notice shall become effectrve upon delrvery, but m any event three (3) calendar days aftei the date of mailmg by regtstered or certified mail, and shall be deemed suffic�ently g�ven �f sent to the addressee at the address stated in this Agreement J K L Not�ces to be sent to VENDOR Attn Tim Macke Materials TeshnQ & Consultine Inc 545t NW Newberry Hdl Road Silverdale WA 98383 Nottces to be sent to CITY Attn Ed Aban. P E City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Assi�nment Any assignment of this Agreement by the Vendor without the written consent of the City shail be void Modification No waiver, alteration, or modificat�on of any of the provisions of this Agreement shall be bmdmg unless m writmg and signed by a duly authonzed representatrve of the City and Vendor Severabilitv If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional ot invalid, that decision shall not affect the validity of the remain�ng port�on of this Agreement and the remainder shall remain m full force and effect M Entue Aereement The written provistons and terms of th�s Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering �n any manner th�s Agreement This Agreement and any attached Exhibits contain the entire Agreement between the parties Should any language tn any Exhibit to th�s Agreement conFl�ct with any language contained �n this Agreement, the terms of this Agreement shall prevail IN W[TNESS WHEREOF, the parties below have executed this Agreement VENDOR, Materials Testin� & Consulting (nc cy...�.- By d`��n%'`��� :�4� R(ac�ati����1 , Prmt Name `�;r� d �A�(�;, Its����,.p� cryn �'�c�7rw��( t�L1�u�u�r Date QGt� �sf CITY City of Bremerton By. Pnnt Name G ,rt� � its ,,, � Date / � - ,. . APPROVED AS TO FORM B �i Bremerton ity ttorney ATT ` By City Clerk SCHEDULE A ��1���°Il��� ����fl�l� � C��D�Il��kl�$��� ��� MTC Geolechnical Eng(neenng & Consuili�g � Nlalerials Tesfing � 5pecia) Inspeclion o Em ironmenlal Consulling i Project Name - Paci�c Ave - 6th Street to llth Street �`"�"�°r"`�"'`� Pro�ect Locat�an - Bremerton, WA. Bid Form Est�mate for Servlces Prepared:d-12-13 GP (� Earthwork & Soils -�,��rndo�g,�is„a► i�peu,ons nuclenr denrlry tes!►ng and relaled irork a!l assocraled faborafory tesf+ng belou� Is based on 11'SDOT �esung prorocols, wtless olherwfse spectfred �it pro�ect doctmiexts Inspection & LaboretoryTestmgScrvlces V�sits Units Quantity Rate Cost Engmeering Technician- SD, Water Utility Backfill S liour 32 $ 49,00 $ 1,568 00 Engmeermg Technician - Crushed surfacmg Subgrades 10 Hour 40 $ 49 00 $ 1,960 00 Engineenng Techn�c�an- Batch Plant Samplmg Aggregates 3 Hour 12 $ 49 00 $ 588 00 Moisture Density Relattonship / Proctor �vrth Steve - Each 3 $ 225 00 $ 675 00 Extraction Gradat�on- Pervious Each I $ 225 00 $ 225 00 Sand Equivalent- CSBC, CSTC, Asphait Each 7 $ 80 00 $ 560 00 Fracture Percentage CSBC, CSTC, Asphait Each 6 � SO 00 $ 300 00 Uncompacted Vo�d Content Each 2 $ 90 00 $ 180 00 Subtotal - Earthwork & Soils: � 6,056.00 Q� RCIO f01'C8d COIICCCtB - �zicludttig lrupecffon ojall r>t!!d reN jon en�ent concrete placement obienatron sauiphng a�rd sample plck-np Inspection & Laboratory Testmg Services Vis�ts Units Quantlty Rute Cost Special inspector [ Concrete Testtng - Intersect�ons 8 Hours 40 $ 49 00 $ 1,960 00 Special [nspector I Concrete Testmg S�dewalks, Ramps i0 Hours 50 $ 49 00 $ 2,450 00 Speciai Inspector 1 Foundation Pads�Shelters, Electrical 5 Hours 25 $ 49 00 $ 1,225 00 Concrete Compression Test Cylmders - Sets of 5 - Each I I S $ 18 00 $ 2,070 00 Subtotal - Reinforced Concrete. $ 7,705.00 m Support Services Service V�s�ts Untts Quantity Rate Cost Pro�ect Management - Hours 12 $ 75 00 $ 900 00 Digital Repor[ Production & Distribution - Hours 0 No Charge . Trip Charge (Based on Round Trip Mileage) - Trips 0 No Charge - Subtotal - Support Serv�ces: $ 900.00 Budget Estimote for Services - TotaL• $ 14,661.00 Corporate 777 Chrysler Dnve Budmgton, WA 982�3 Phane 3fi0 755 ! 990 FaK 360 755 1980 5W Region 2118 Blaek Lake Blvd S 1Y Olymp�e, WA 98512 Phone 360 534 977T Fa� 360 534 9779 N�V Region 2126 Enst Bakerview Road Bellingham WA 98226 Phone 360 647 6o61 Fax 360 647 B I I I Kltsap Region 5�151 N W Newberty Hill Road Sude 101 � Silverdale WA 98383 Phone/fax 360 698 6787 V �sit our ��ebsite t��vw mle-�nc nel � � I���C�Il"���� ����Il�� � �Q�gIl�dfl��fl�Il� ���� �� Geotechnicat Bngineering & Consulling e Spcc�el nspecllon a Meterinis Testing a Environmental Consulling � ' a.,,��etw�*a,�r� Pro�ect Name — Pacific Ave 6' Street to l ltls Street Project Location — Bremerton WA , Esf�mate Assumot�ons 8c Exclus�ons - Paee 1 of 1 � This est�mate was prepared follow�ng review of "Review submital" drawmgs dated March 2013 and detailed E-mail request dated June 12 2013 No constructton schedule was ava�lable for the creation of this bid � All serv�ces will be b�lled on a time-and-matenal bas�s based on the quantrties and unit rates found �n this proposal � Any quantdies Itsted �n this estimate are provided to asstst the client w�th project budgetmg Actual testmg and inspection will be as reqwred to meet the pro�ect requirements and the contractor's schedule and sequencmg o Estimated quantities do not include time that may be required for re-mspection or re-testmg, Extra time for meetmgs, consultat�ons, re-mspections, added mspections, standby time and applicable overt�me, etc , that is not listed in this estimate, although required and/or requested, will be bilied as an additional charge to the Total, and m accordance wtth MTC's Agreement for Construction Matenals Engmeering & Testmg Services o MTC will provide a certificate of insurance upon award and pnor to start of work Cltent will be responsible for any additional charges levied for named party endorsement, extra coverage requirements o ContractorlClient to provide safe access to the work areas in order to perform required inspections and tests � ContractoNCl�ent to provide s�te-specific hazard �nformation to our crews that will be workmg on the site � MTC does not employ any type oF craftspeople, tradesmen, mechan�cs or laborers, and has proposed a scope limrted to Quality Control / Quality Assurance testmg end inspection All serv�ces pertaimng to direct construct�on, reconstruction, maintenance or repair are excluded As such, MTC assumes itself exempt from prevailing wage reqwrements and filmgs descr�bed m RCW 39 12 a Proposed quant�ties for earthwork reFlect mspection and materials testing serv�ces only, and do not constitute a proposal to provide geotechn�cal engtneering or eonsultmg serv�ces, nor are these serv�ces intended to relieve the Geotechntcal Engineer of Record from Construction Observation and Des�gn Administration services � MTC assumes that all conerete vaults and structures are to be precast and that Precast Supplter �vill be responsible for thetr own quairty control mspections o Inspections that result m preparation of test speamens are typically quoted for a baseline of ftve hours, with a mmimum four hours for mspection and site testing services and an extra hour for sample pickup on the foilowmg day Most other mspections arc based on an assumed duration of 4 hours unless otherwise noted No mileage charges �vili be assessed for trips behveen MTC's laboratory locations or from wh�ch MTC personnel were dispatched to this srte Mileage fees will be assessed for uny ofFsite mspections for fabrication or other serv�ces � Concrete test cylinders are quoted in sets of 5, wrth a set to be prepared for the greatest of one set per pour, one set per I50 cubic yards, or 5000 square feet of inember area o As requested by owner we have excluded compaction testmg on asphalt surfaces Although we have estimated costs for compliance batch plant sampling Corporate • 777 Chrysler Drive a Burlinglon, �VA 98233 o Phone 360 755 1990 e �ax 360 755 1980 S1V Region • 21 I B Blacl. Lake Blvd S W e Olympia, WA 98512 a phane 360 534 9777 o Fax 360 534 9779 N\Y Regian • 2126 Enst Bokerview Rosd e Bellingham WA 98226 e phone 360 647 6061 • Fax 360 647 811 I hitsap Region • 5451 N W Newberry H�II Road Sutte 101 o Silverdale WA 98383 . Phone'f ax 360 696 6787 Visi1 our webs�te �vw�v mtc �n� net -_. , -- - { � -' ' � � � i ; ��._ � ` _., 1 '_, t S _ �,l { s - - tL�; I�1I�t�fl•���s 'II'es�u�� � cCo�s�a�$��a� go��. Ceolechni�nl En�inearine & Cotuultlne• Spec�ol Impecdon � 111uta�iu4 Te�11nQ �[nrlrvomenlal Caroulline Clienl: City of 8remerton Grhibit A- ScheJule of Charges 2013 Nlaster Fee Schedule Date oi Issue 4/26/2013 ING & CIVIL 1 NSPECTdON / CONSULTINC Serv�ces an - 2008 ?01? Aleicnals Tesling Consulnng, Inc All Righb Reservcd Englneered Assrnance Slnce 198/ Unit hour �i� �� .�� �';;��, k,��� r ::_.�;� , c . .� 'I Rate Pube I of] bITC Proposel k\XX FSRev511 t6�1!