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HomeMy WebLinkAbout6743 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Construction Testing Laboratories ("Vendor"), whose mailing address is: 400 Valley Avenue NE, Suite 102, Puyallup, WA 98372. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Materials testing services for the Pine Road Basin Stormwater Improvements Marine Impact Basin project. IL TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 120 calendar days from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of$9916, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: See attached. A. Defective or Unauthorized Work. The City reserves its right 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 City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: Page 1 of 8 Goods and Services Agreement Rev. 04/2023 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws,rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City's choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines,for any reason,that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City,the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. Page 2 of 8 Goods and Services Agreement Rev. 04/2023 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within 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, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if(and only if) 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 giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE 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 THAT CLAIM OR CAUSED BY THAT DELAY. Page 3 of 8 Goods and Services Agreement Rev. 04/2023 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship 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 City. The Vendor shall begin to correct any defects within 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 City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor 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 performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. 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 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 Vendor and the City, its officers, officials, employees, agents and volunteers,the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with Page 4 of 8 Goods and Services Agreement Rev. 04/2023 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. E. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor 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 the required insurance policies. The Vendor's Commercial General Liability insurance shall 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. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City's Risk Manager by fax at(360)473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License Page 5 of 8 Goods and Services Agreement Rev. 04/2023 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments/ Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor's Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a "Statement of Intent to Pay Prevailing Wages"with the State of Washington Department of Labor& Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. Page 6 of 8 Goods and Services Agreement Rev. 04/2023 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 L 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 in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar 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. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: David Dinkuhn Attn: Chris Pedersen City of Bremerton Construction Testing Laboratories 345 6th Street, Suite 100 400 Valley Avenue NE, Suite 102 Bremerton, WA98337-1891 Puyallup, WA 98372 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. 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 Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Suspension & Debarment. For contracts involving Washington State or Federal funding, Vendor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily Page 7 of 8 Goods and Services Agreement Rev. 04/2023 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 excluded from participation in this transaction by any Washington State, Federal department, or agency. Vendor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Vendor enter into a covered transaction with another firm, Vendor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Q. Entire Agreement. The written provisions and terms of this 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 in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: CITY OF BREMERTON Construction Testing Laboratories Signed by: DocuSigned by: wttx.S 6uu4 at,VIS eatAGIA, By: '- 437 A49D3d74BD.. By: Print Name: Tom Knuckey Print Name: en Its: Public Works Director Its: Operations manager Date: 7/29/2024 Date: 7/29/2024 APPROVED AS TO FORM: ATTEST: Signed by: Signed by: By: l ' � ' B : a A- xtx ;l2AC[3 Y 24ED ED4t45c 471... KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev.04 2023.docx Page 8 of 8 Goods and Services Agreement Rev. 04/2023 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 400 Valley Avenue NE Suite A A Puyallup,WA 983072 Construction C 1• TestingLaboratories fax 253-770-8232 www.ctlwa.com July 11, 2024 City of Bremerton 345 6tn Street, Suite 100 Bremerton,WA 98337-1891 Attn: Rachel Kocha RE: 870 Pine Road Marine Outfall Special Inspection &Testing Services Dear Ms. Kocha, I am pleased to submit our proposal to provide special inspection and testing services for the above project. CERTIFICATIONS: Our firm is registered with WABO and accredited by AASTHO(R-18), in accordance with the requirements of ASTM E329, D3740 and D3666. We are routinely inspected by, and participate in proficiency testing with CCRL and AMRL. This includes the fields of soils, aggregate, masonry, concrete, and bituminous mixtures. We are also validated by the U.S. Army Corps of Engineers. Our inspectors are certified by ACI, ICC and WABO and many of them have been with us for ten to twenty years. All equipment is calibrated at regular intervals, as required by ASTM and AASHTO. Copies of all calibrations are on file. ADMINISTRATIVE: All project management, report preparation, clerical, engineer review of reports, final inspection report and mail distribution costs are included in the hourly/unit rates. There are no hidden charges. Two BASIS OF CHARGES: 'Fvwr-hour minimum for inspection and field-testing. One-hour minimum for sampling and cylinder pick-up. Time and one half(1.5)for work in excess of eight hours per day and Saturdays. All work performed outside normal working hours (07:00 hr.to 16:00 hr.) Monday through Friday will be charge at 1.5 times the standard rate. Double time for Sundays and holidays. Hourly rates and mileage are portal to portal. Terms are thirty(30)days. Twenty-four(24) hour notice is required to schedule technician(s). Rush Laboratory Testing will be billed at 1'/2 times the applicable standard rate. Our estimated cost does not include overtime. All parties are aware we are T&M, so you control the actual budget. The actual cost will vary, as our costs are directly dependent upon the contractor and the sub-contractor's schedule. Our highly trained staff would be delighted to assist you in the successful completion of this project. If you have any questions regarding this proposal or if we may be of service, please call or visit our website at-ww.ctlwa.com. Sincerely, Construction Testing Laboratories,Inc.(CTL) 9j(-- C ris Pedersen Jon Price Operations Manager Technical Director e-mail: chrisp a.ctr e-mail:jonp@ctlwa.com phone#253-383-8778 Page 1 of 7 CLIENT: City of Bremerton PROJECT 870 Pine Road Marine Outfall PROPOSAL: 2024 FEE SCHEDULE DATE PROCESSED: 07/11/2024 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 400 Valley Avenue NE 12 A A Construction Puyallup,WA1te 98372 C T I TestingLaboratories fax 253-770-8232 www.ctlwa.com Estimate of Project Costs Type of Inspection &Testing Approximate#of Price per test Estimated Cost hours/tests CONCRETE Concrete Technician 48 $ 89.00 $ 4,272.00 Concrete Test Cylinders 30 $ 27.00 $ 810.00 Mileage Charge 12 $ 58.00 $ 696.00 SUBTOTAL $ 5,778.00 SOILS Soils Technician 14 $ 90.00 $ 1,260.00 Maximum Density Optimum Moisture-Density Curve 2 $ 240.00 $ 480.00 (Proctor) Mileage Charge 4 $ 58.00 $ 232.00 SUBTOTAL $ 1,972.00 ASPHALT Asphalt Technician 1 18 $ 90.00 $ 1,620.00 r Rice Maximum Theoretical Density 1 $ 160.00 $ 160.00 Extraction/Gradation 1 $ 270.00 $ 270.00 Mileage Charge 2 $ 58.00 $ 116.00 SUBTOTAL $ 2,166.00 ESTIMATED TOTAL COST $ 9,916.00 Our estimated cost does not include overtime.All parties are aware we are T&M, so you control the actual budget. The actual cost will vary, as our costs are directly dependent upon the contractor and the sub-contractor's schedule. Page 2 of 7 CLIENT: City of Bremerton PROJECT: 870 Pine Road Marine Outfall PROPOSAL: 2024 FEE SCHEDULE DATE PROCESSED: 07/11/2024 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 400 Valley Avenue NE Suite A A Construction Puyallup,WA 983772 C L; Testing Laboratories 253-383-8778 fax 253-770-8232 www.ct/wa.com FeeSchedule . Item #J Description Price Technician/Engineering Personnel 1 Anchor Pull Testing $ 104.00 2 Badges/Safety Classes/Time $ 90.00 3 CESCL $ 107.00 4 Coring Support Technician $ 84.00 5 Coring Technician $ 144.00 6 Emergency Lighting Inspection $ 89.00 7 Epoxy Bolt/Anchor Bolting/Dowel Inspection $ 89.00 8 Fire-Resistant Penetrations and Joints Inspection (FS) $ 114.00 9 Floor Flatness $ 159.00 10 Hazmat Technician $ 126.00 11 High Strength Bolt Inspection $ 99.00 12 Infiltration Testing $ 92.00 13 Laboratory Technician $ 104.00 14 Framing/Nailing Inspection $ 89.00 15 Magnetic Particle or Dye Penetrant $ 111.00 16 Moisture Vapor Through Floor/Slab $ 99.00 • Calcium Test Kits $ 40.00 17 Pachometer Technician $ 119.00 18 Piling Inspection $ 94.00 19 Post Tension Inspection $ 94.00 20 Rebound Number of Hardened Concrete(C-805)(Schmidt Hammer) $ 98.00 21 Reinforcing Concrete & Masonry Technician $ 89.00 22 Reinforcing Steel Inspection $ 89.00 23 Relative Humidity-Concrete Floors $ 99.00 • RH Test Tubes $ 50.00 24 Roofing Inspection $ 89.00 25 Shotcrete Inspection $ 92.00 26 _ Soils &Asphalt Technician $ 90.00 27 Spray-Applied Fire-Resistive Materials Inspection (FP) $ 92.00 28 Suspended Ceiling Inspection $ 89.00 29 Ultrasonic Test(UT) $ 132.00 30 Visual Welding/Structural Steel Inspection $ 99.00 31 Wood Moisture Testing (In-Field) $ 92.00 Page 3 of 7 CLIENT: City of Bremerton PROJECT: 870 Plne Road Marine Outfall PROPOSAL: 2024 FEE SCHEDULE DATE PROCESSED: 07/11/2024 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 400 Valley Avenue NE Suite 12 A A Construction Puyallup,WA 98372 TJ Testing Laboratories 253-383-8778 fax 253-770-8232 www.ct/wa.com IMI--F-Fee Schedule Item # Description Price Concrete 32 Cast by Client/Contractor Core Specimens $ 65.00 Cast by Client/Contractor Cylinder Specimens $ 50.00 33 *if sawing or extra handling is required a minimum rate of$61.00 each will be charged. 34 Clay Lumps &Friable Particles $ 150.00 35 Compressive Strength Tests(C-39) $ 27.00 36 Flexural Strength, 6"x6"x22"Concrete Beam (C-293) $ 75.00 37 Light Weight Pieces (C-123) $215.00 38 Organic Impurities (C-40) $ 125.00 39 Shotcrete Panels: 3 Cores with Compressive Strength $275.00 • Additional Cores from Panel $ 90.00 40 Sulfate Soundness (C-88) Magnesium, per sample $ 395.00 41 Sulfate Soundness (C-88)Sodium, per sample $430.00 42 _ Unit Weight of Aggregate(C-29) $ 120.00 Masonry 43 Compressive Strength, Masonry Composite Prisms (UBC-2405) $ 80.00 44 Compressive Tests, Masonry Unit(C-140) _ $ 70.00 _ 45 Compressive Tests, Mortar Cubes(C-109) _ $ 27.00 46 Compressive Tests, Mortar or Grout Specimens (UBC-24/23) $ 27.00 Soils Mechanics Laboratory Tests s 47 % Organics By Weight(D-2974) $ 185.00 48 Aggregate Durability Index(AASHTO T-210) $ 235.00 49 Atterberg Limits(D-424), Liquid Limit, Plastic Limit, Plasticity Index $245.00 50 Flat& Elongated Pieces in Aggregate(ASTM D-4791) $ 175.00 51 Fracture Face Count $ 120.00 52 Laboratory Determination of Moisture Content(D-2216) $ 75.00 53 Maximum Density Optimum Moisture-Density Curve [Proctor] (D-698, D-1557) $240.00 54 Particle Size Analysis (D-422) Hydrometer(with D-854) $425.00 55 Particle Size Analysis (D-422) Hydrometer(without D-854) $ 325.00 56 Resistance to Abrasion, Los Angeles Machine(C-131, C-535) $295.00 57 Sand Equivalent(D-2419) $ 125.00 58 Sieve Analysis (Add#270, C-136, C-117 [Wet Sieve]) $250.00 59 Sieve Analysis (C-136, C-117 [Wet Sieve]) $220.00 60 Sieve Analysis (C117-T-11 #200 Wash Only) $ 125.00 61 Specific Gravity of Soils(D-854) $ 250.00 62 Specific Gravity/Absorption of Coarse Aggregate(C-127) $ 140.00 63 Specific Gravity/Absorption of Fine Aggregate(C-128) $ 195.00 64 Uncompacted Void Content of Fine Aggregate T-304, Specific Gravity Not Included $ 160.00 65 Wood Waste(WSDOT) $ 110.00 66 WSDOT Degradation $235.00 Page 4 of 7 CLIENT: City of Bremerton PROJECT: 870 Pine Road Marine Outfall PROPOSAL: 2024 FEE SCHEDULE DATE PROCES.gD: 07/11/2024 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 400VaIleyAvenueNE � Suite 102 Construction Puyallup,WA 98372 Testing laboratories 8 fax253-770-8232 www.ctiwa.com Fee Schedule Item # Description Price Asphaltic Concrete Mixes 67 Anti-Strip evaluation TSR(D-4867)when performing mix design $1,250.00 68 Anti-Strip evaluation TSR(D-4867)without performing mix design Quote Upon Request 69 Mix Design of Bituminous Mixture by Marshall Method(Does not include anti-strip testing) $6,000.00 70 Mix Design by Gyratory Method(SHRP/Superpave)(Does not include anti-strip testing) $6,000.00 71 Extraction and Gradation % Bitumen (T-308)(C-136 [West])Sieve (C-117) _ $ 270.00 72 Gyratory Tests (Superpave)(T-312) $ 300.00 73 Hamburg, performed with Mix Design, CTL makes 2 specimens $ 950.00 74 Hamburg, performed without Mix Design, CTL makes 2 specimens Quote Upon Request 75 Hamburg, production sample $ 800.00 76 Hamburg, test only, supplier provides 2 specimens $ 650.00 77 IDT, performed with Mix Design, CTL makes 3 specimens $ 450.00 78 IDT, performed without Mix Design, CTL makes 3 specimens Quote Upon Request 79 IDT, test only, supplier provides 3 specimens $ 250.00 80 CT Index, client provided (core prep time additional cost)(D-8225), per specimen $ 125.00 81 CT Index, performed with Mix Design, CTL makes 3 specimens $ 575.00 82 Marshall Test, per Molded Specimen([D-1559]Includes Stability, Flow,and Unit Wt.)per set of 3 $ 500.00 83 Permeability of Asphaltic Concrete FM 5-565 $ 500.00 84 Rice Maximum Theoretical Density(D-2041) $ 160.00 85 Specific Gravity of Compacted Field Sample(D-2726)WSDOT 704(Pavement Core) $ 85.00 Miscellaneous: 86 Dry Density of Fireproofing Material $ 165.00 87 Ferry Charges Quote Upon Request 88 Mileage $ 0.75 89 Mileage for Magnetic Particle, Dye Penetrant, Ultrasonic Test $ 1.15 90 Per Diem (Lodging, Meals, and Etc.) Quote Upon Request Basis of Charges (Rate Charges & Notification) Four-hour minimum for inspection, sampling, and field testing. One-hour minimum for cylinder pick-up. Time and one half(1.5) for work in excess of eight hours per day and Saturdays. All work performed outside normal working hours (0700 hr. to 1600 hr.) Monday through Friday will be charged at 1.5 times the standard rate. Double time will be charged for Sundays and holidays. Four-hour minimum for weekend and holidays. Hourly rates and mileage are portal to portal.Terms are thirty(30)days. Prices are subject to change without notice. Twenty-four(24) hour notice is required to schedule technician(s). Twenty-four hour notification required for cancellations for night work(at least a four-hour minimum charge would apply without proper notification).All weekend cancellations after close of business Friday will incur at least a four-hour minimum charge. A 3% escalation for hourly and unit prices for multi-year contracts will apply. Mail Distribution (Reports) All overhead, engineer review of reports,final inspection report, and mail distribution costs are included in the hourly/unit rates. Terms of Sale (Payment Due Date/Past Due): All invoices are"NET"and payment is due on the 30th day following the invoice date, unless otherwise stated on the application invoice.An account is considered past due on the 31st day following the date of invoice.All accounts not paid by due date may be subject to suspension.A late charge of 1.5% per month annual will be imposed on past due accounts. Customers/Clients agree to pay all attorney's fees and costs of collection. Page 5 of 7 CLIENT: City of Bremerton PROJECT 870 Pine Road Marine Outfall PROPOSAL: 2024 FEE SCHEDULE DATE PROCESSEu. 07/11/2024 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 400 Valley Avenue NE friA A Construction Puyallup,WA983Suite 772 Testing Laboratories 253-383-8778 fax 253-770-8232 www.ctlwa.com Fee Sch - d - - • Dispatch Notification Also, it is the responsibility of the client or designated representative to schedule and/or cancel field work with our office only, not through field personnel. CTL cannot be held responsible for scheduling and/or cancellation of services made through field inspector(s). In addition, twenty-four hour notices are required to schedule or dispatch inspector(s)for inspection and testing services. _ Terms, Definitions, & General Conditions Parties &Scope of Work: Construction Testing Laboratories, Inc. (herein"CTL")is performing the specific inspection, testing, or other services performed by CTL as described in its proposal accepted by the Client, (herein the "Work"), which shall be subject to these Terms, Definitions, and General Conditions. The Client accepts sole responsibility for determining whether the quantity and nature of the Work ordered by the Client is adequate and sufficient for the Client's needs. Access to Site/Notifications: Client shall arrange and provide access to the site as required for CTL to perform work.Advance notification for inspection and testing services is the responsibility of the client and/or its representative. Inspection or testing services should be requested as far in advance as practical (preferably a minimum of two business days notification). CTL, Inc. has not included in its fee and is not responsible for the cost of restitution of damage that may occur due to work performed. Client agrees to indemnify and save CTL harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees, as a result of personal injury, death, or proper damage occurring with respect to CTL's work or arising from subsurface or latent conditions or damage to subsurface, lines or conduits. Client, landowner,and its agents shall accept sole responsibility to notify appropriate agencies in regard to any hazardous substances discovered by CTL on the project site. CTL is expressly relieved from any obligations to report the presence of hazardous substances to any and all regulatory agencies. Schedule of Work:CTL's work will be accomplished in a timely,workmanlike manner by CTL or its sub-contractor at the prices of fees quoted. If CTL is required to delay commencement of the work or if it is required to stop or interrupt the progress of its work as a result of changes in scope required for any reason by the Client, interruptions in the progress of construction, or causes beyond the control of CTL, additional charges will be applicable and payable by the Client. CTL will provide its professional services to the Client, as defined by its scope of work with that degree of care and will ordinarily exercise under similar circumstances by members of its profession. This representation is in lieu of any warranties or other representations, either expressed or implied. It is also understood and agreed that statements made in CTL reports are opinions- based observations, and should not be construed to be conclusive representatives of fact. If conditions different from what are indicated in the repots come to the Client's attention after receipt of the reports, it is recommended that the Client contact CTL immediately to authorize further appropriate evaluation. • Payment: Client shall be invoiced twice each month for work performed during the preceding month. Client agrees to pay each invoice within 30 days of its receipt. A service charge of 1.5% per month is added to all delinquent accounts. Where legal action, including assertion of lien rights, becomes necessary to obtain payment for services provided, Client agrees to pay all collection costs, including reasonable attorney's fees. CTL's final report will not be submitted until all invoices are paid. !:'.!e. a bject thethe fora able attorney's fees and court costs, but only to the extent of CTL's negligence. Client I VI V , awvl sh ! ing suit, ll pay to CTL the costs and-exponses the exto ties claiming as a recut ents shall be !:m ted to the total of the fee paid to CTL for its work. CTL may engage-th Client to pprovire prcfe :ices. CTL shall held harmless s no liability, for the services of said the VIM V.1 IV V shall be held harmless, MI V MVIII , contractcensu!tant. As such CTL shall-be-held harmless from any claim‘.'hi ay arise o: contractor/co ns u!to nt VVI IIMVI VIlM1 l• Page 6 of 7 CL Imo., :—City of Bremerton PROJECT: 870 Plne Road Marine Outfall PROPOSAL: 2024 FEE SCHEDULE DATE PROCESSED: 07/11/2024 Docusign Envelope ID:790C8489-CA63-4790-9488-5D0D9C691239 400 Valley Avenue NE Construction Puyallup,WA9837Suite 72 Testing Laboratories 253-383-8702 fax 253-770-8232 www.ctlwa.com F Provisions: all quotations are based upon standard non-overtime hourly rates. If unforeseen circumstances cause CTL to work on Saturdays, Sundays, or after 16:00 hr. and in excess of eight hours Monday through Friday,the non-overtime rates quoted will be multiplied by 1.5 to establish the correct overtime rate. Unless otherwise agreed, this proposal terminates in 60 calendar days from the date of issue unless accepted in writing within said 60 days. CTL may dispose of project inspection files after a period of seven years. Client may request in writing of extend the file retention period to obtain custody in lieu of disposal, subject to mutual agreement upon a retention/custody agreement, including fees to be paid to CTL. Entire Agreement This agreement constitutes thc entire understanding or thc parties and there arc no representations, ::aFra ties, er et c made other than those set forth herein. This agreement may be modified only in writing,signed by ci A of ns or breach thcrcof shall be settled by arbitration in uccordancc with the n A rbi�ra�ion A c. ent 1 1 1 , I IVl ll M arbitrct on( . .ny such arbitration cha!!take place in Tacoma, Washington.The prevailing party, as determined by thc Arbitrator, chc!icosts and reasonable attorney's fccs. Subcontractors: CTL subcontracts to Certified Inspection Services for the magnetic particle and ultrasonic testing of welds.CTL subcontracts to Spectra Laboratories for analytical testing. CTL reviews subcontractors report for content only. Term of Sale Payment All invoices are"NET"and payment is due on the 30th day following the invoice date, unless otherwise stated on the Due Date application invoice. An account is considered past due on the 31st day following the date of invoice. Past Due All accounts not paid by due date may be subject to suspension.A late charge of 1.5% (18% per month annual)will Account be imported on past due accounts. Customers agree to pay all attorney's fees and costs of collection. I/We understand and agree to the foregoing terms of sale and authorize you to obtain such information as you may require concerning this application. Acknowledgement/Acceptance of Fee Schedule, Terms, Definitions, Term of Sales, and General Conditions Upon acceptance, please sign and return at your earliest convenience. Also, our office will e-mail you a mail distribution list so copies of reports can be sent to your Engineers/Owners if you so desire. Reports for projects can also be found on our website, www.ctlwa.com, and can be accessed at your convenience. 26th July 2024 Agreed on this _ _day of Thomas Knuckey, Public Director Accepted by sigbe Print Name and Title Signature t,bw►aS 41tlt.{,al Email Address Firm Name City of Bremerton Company Name Firm Address 345 6th Street, STE 100, Bremerton, wA 98337 Billing/Mailing Address AP Email Address Project Name Pine Road Basin SW Improvements Jobsite Address 900 Block to 1100 Block Di bb St. Contact No. Cell Phone No. Office Phone No. Office Fax No. Page 7 of 7 CLIENT: City of Bremerton PROJECT: 870 Pine Road Marine Outfall PROPOSAL: 2024 FEE SCHEDULE DATE PROCESSED: 07/11/2024