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Service Solicited - 1999 - Materials Testing & Inspection Inc - Professional Services Contract for Testing and Inspection Services0 MATERIALS TESTING & INSPECTION J Environmental Services J Geotechnical Engineering PAGE # 3 OF 5 Date March 23. 1999 Doc ID: 1\m a n ag a r\d ata drive\construction\proposals199 ro osaltclthe land roup -s ateboard doc J Construction Materials 1 st4ng J 5°pecia, rinspec;ions PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT is made and entered into effective this Friday. July 23. 1999 by and between The City of Eaale ("CLIENT") and MATERIALS TESTING & INSPECTION, INC. ("CONSULTANT") and is made with reference to the following facts and objectives: RECITALS: WHEREAS, CLIENT intends to have MTI Perform construction testina and inspection services In accordance with the Proposal (Exhibit "A") for Eaale/Ada County Sports Complex — Phase One (hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of their mutual covenants, CLIENT and CONSULTANT herein agree, in respect of the performance of professional materials testing and construction inspection services by CONSULTANT and the payment for those services by CLIENT, as set forth below. SCOPE OF SERVICE. The services to be performed by CONSULTANT under this Agreement are described in Exhibit "A' attached hereto, and incorporated herein by this reference as though fully set forth. Any estimated quantities contained in Exhibit "A' are estimates only and CLIENT agrees that CONSULTANT is entitled to payment for reasonable services rendered in excess of the estimated quantities and/or cost figures as described in Exhibit "A". II. PAYMENTS TO CONSULTANT. CLIENT shall pay CONSULTANT for the services rendered hereunder in accordance with the fee and payment schedule attached hereto as Exhibit "A". CONSULTANT shall submit monthly statements for services rendered and for reimbursable expenses incurred. All monthly statements submitted to CLIENT shall be due and payable at the time of the billing unless otherwise specified in this Agreement. If CLIENT fails to pay CONSULTANT within thirty (30) days after receipt of monthly statements for services rendered and for reimbursable expenses incurred, CLIENT agrees to pay one percent (1%) interest per month until the monthly statements are paid in full. CLIENT further agrees that nonpayment of monthly statements beyond a seventy-five (75) day period constitutes a material breech of this Agreement with the exception of reasonably disputed amounts that upon written notice from CONSULTANT, the duty, obligations and responsibilities of CONSULTANT under this Agreement are terminated. In such event CLIENT shall promptly pay CONSULTANT for all fees, charges and services as outlined in Exhibit "A" provided by CONSULTANT up to the date of termination. III. SERVICES. CONSULTANT will act for CLIENT in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of the professional practicing in the same or similar locality of the Project site. CONSULTANT makes no warranty, either expressed or implied, as to its findings, recommendations, specifications or professional advice. CONSULTANT will provide only those services that, in the option of CONSULTANT, lie within the technical and professional areas of expertise of CONSULTANT as set forth in Exhibit 'A" and which CONSULTANT is adequately staffed and equipped to perform. CLIENT shall request in writing if CLIENT desires CONSULTANT to provide services outside of the scope of services described in Exhibit A. attached hereto. CONSULTANT shall advise CLIENT in writing of any services that lie outside the technical and professional expertise of CONSULTANT. IV. SAMPLE DISPOSAL. Unless otherwise agreed to in writing, samples removed from Project site by Consultant to its laboratory will, upon completion of testing, be disposed by CONSULTANT. CLIENT further agrees the/cost for disposal of Hazardour Materials to include the characterization costs shall be borne by CLIENT. reasonable V. CLIENT'S RESPONSIBILITIES. CLIENT or CLIENT'S authorized representatives will provide CONSULTANT with all revised and updated plans, specifications, addenda, change orders, approved shop drawings and any other information for the proper performance of CONSULTANT pursuant to this Agreement. CONSULTANT shall not be responsible for any errors and/or omissions in the performance of CONSULTANTS work or services rendered resulting from CLIENT'S failure to provide CONSULTANT with revised and updated plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of CONSULTANT. (CLIENT will arrange and provide access to each area in which it will be necessary for CONSULTANT to perform its work). VI. INSURANCE. CONSULTANT shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of services under this Agreement. In addition, CONSULTANT shall secure and maintain throughout the full period of Agreement sufficient Professional Liability insurance to protect it adequately from claims arising from errors or omissions resulting from Professional Services. VII. EXEMPTIONS OF CONSULTANT'S RESPONSIBILITIES. CONSULTANT shall not be responsible for acts and/or omissions of any party or parties involved in the design of the Project or the failure of any Contractor or Subcontractor to construct any aspect of the Project in accordance with the contract documents, or in accordance with recommendations contained in any correspondence or written recommendations issued by CONSULTANT. CONSULTANT is not authorized to revoke, alter, relax, enlarge or release any requirement of the Project's specifications or other contract documents, nor to approve or accept any portion of the work, unless specifically authorized in writing by CLIENT or his authorized representative. CONSULTANT shall not have the right of rejection or the right to stop work, except for such periods as may be required to conduct sampling, testing, or inspection of operations covered by this Agreement. CONSULTANT shall not be liable for damages resulting from the actions or inactions of any governmental agencies, including but not limited to, permit processing, environmental impact reports, govemmental building inspections, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits and/or building permits. 7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515 E -Mail mti(4cyberhighway.net www.cyberhighway.neti-mti MATERIAL %-01' TESTING Er INSPECTION J Environmental Services J Geotechnical Engineering PAGE # 4 OF 6 Date March 23, 1999 Doc ID: \lmanagerldata d rive\conatruction1proposals199 proposalslthe land group- ateboa d doc J Construction Materials Testing j Special nspections • VIII. CHANGES IN SCOPE OF WORK. CLIENT, without invalidating this Agreement may order changes in the scope or character of services and/or work performed by CONSULTANT, either decreasing or increasing the amount of CONSULTANT'S work or services. All such changes in the work and/or services performed by CONSULTANT shall be authorized by a written change order signed by CLIENT and shall be performed under the applicable terms and conditions of this Agreement. CONSULTANT shall not be obligated to perform any changes in the scope or character of the work and/or services until CONSULTANT is in receipt of a written change order signed by CLIENT and signed by CONSULTANT indicating its agreement therewith. IX. LIMITATION OF LIABILITY. In recognition of the relative risks of the CLIENT and CONSULTANT on the Project, CLIENT agrees, all parties claiming through CLIENT and all parties claiming to have in any way relied upon CONSULTANT'S work, agree that the maximum aggregate amount of the liability of CONSULTANT, its officers, employees and agents shall be limited the amount of MTI's curl -silty available insurance or the limit of any optional, CLIENT purchased insurance, whichever amount is greater. X. COMPENSATION FOR SERVICES RENDERED. CLIENT recognizes that the estimate noted in Exhibit 'A' (if provided) was obtained through a diligent evaluation of the contract documents and scheduled discussions with the Owner, relevant subcontractors and the general contractor. CLIENT recognizes that the testing and inspection industry, and the services rendered herein under this contract, are schedule driven and are as mandated by the scheduling and manning of the contractor(s). Should such items, for example, as the quantity of concrete placement, field or shop steel welding schedules or masonry placement days alter from that quoted within our proposal, CONSULTANT shall be entitled to compensation for services rendered. XI. OVERTIME AND BILLING MINIMUM. CLIENT recognizes the attached Exhibit 'A- which outlines billing minimums of two (2) hours for any services rendered on site. In addition, CLIENT recognizes that, on occasion, due to the schedule of the contractor or relevant subcontractors, occasional overtime will be encountered. XXEitkifirunaililivounedusictsiiiiiifibMaczau.ui Ar}4QC1'iCriatiL3b K }SKtKaaitaDDI3fNtjCK> i'iKDiYeaiiii-ZearX. CLIENT agrees to compensate CONSULTANT for sucI'/overrttim unavoidab10 XII. LIMITATION OF SERVICES PROVIDED. The services provided pursuant to this agreement are intended solely for the use and benefit of the CLIENT as noted above. No other person or entity shall be entitled to rely on the services, opinions, recommendations, plans, or specifications provided pursuant to this agreement without the expressed written consent of CONSULTANT. XIII. INDEMNITY. CLIENT agrees to defend, indemnify, and hold CONSULTANT, its officers, directors, employees, agents and independent contractors harmless from any and all claims, suits or liability for personal injury, death, illness, property damage, damage to natural resources, fine or penalty arising or alleged to have arisen out of performance of CONSULTANT'S work to the extent that such claims or damages were due to the negligence of the CLIENT, except to the extent due to gross negligence or intentionally wrongful conduct of CONSULTANT. CLIENT further agrees to compensate CONSULTANT for all costs, expenses and fees reasonably incurred in defending any such claim, including court costs and attorney's fees. $d'+ WeiteEJSIaXRC}Sl6'dikft3Ftib 3 CWidC WkMini n,,s♦.,I aa.MitiilNitiilt,+ap: aGMfb kiUti5 aKX * See below. () _ XIV. PROVISIONS SEVERABLE. The unenforceability or invalidity of any provision or provisions hereof shall not render any other provision or provisions unenforceable or invalid. Nothing in the Agreement shall relieve any party from its responsibilities under law or contract. This agreement contains the entire and integrated Agreement between CLIENT and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement cannot be amended or modified except by a written Agreement, executed by each of the parties hereto. This Agreement is covered by the laws of the state of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written, at Boise, Idaho. Consultant: Materials Testing & Ini iop jrfc2 Name & Title: /47 RICK YZAGUIRRE, MAYOR Name & Title: XIII.*In the event litigation between client and Consultant arises, is entitled to recover reasonable costs and attorney's fees. Client and Consultant agree proper venue is the Fourth Judicial District of the State of Idaho. the prevailing party 7446 W. Lemhi St., Boise. ID 83709 208 376-4748 Fax 208 322-6515 E -Mail mti@cyberhighway.net www.cyberhighway.net/-mti coMATERIAL^ TESTING & INSPECTION J Environmental Services J Geotechnical Engineering Through: Mr. Doug Russell The Land Group, Inc. 128 South Eagle Road Eagle, Idaho 83616 To: The City of Eagle 310 East State Street Eagle, Idaho 83616 Re: Estimate for Materials Testing for Eagle/Ada County Sports Complex — Phase One Dear Mr. Russell: EXHIBIT "A" PAGE # 1 OF 4 Ray. Data July 22, 1999 11MANAOERIDATA DRIVEICONSTRUCTIONIPROPOSALs199 PROPOSALSITHE LAND GROUP- SKATEBOARD.DOC J Special Inspections J Construction Materials Testing PHONE: 939-4041 Fax: 939-4445 As requested, this proposal has been prepared to provide testing and inspection services for the above referenced project. Materials Testing & Inspection, Inc. (MTI) appreciates the opportunity to submit an estimate for your review and evaluation. The estimate is based on a review of the project drawings and specifications and inspection requirements indicated on the structural drawings. The Scope of Services includes; 1) site work testing and inspection, 2) concrete testing, and 3) shotcrete inspection. The actual costs for these services will be influenced by the project schedule, changes in the testing scope of work and/or the success rate for passing actual tests. This is a time and material quote. A detailed explanation of testing/inspection items for each phase of construction has been provided below: • Soils — Fill placement monitoring will be performed throughout the project.. • Concrete — "Special Inspection" of concrete has not been specified in the structural drawing notes. Concrete will be tested at intervals of one set of 4 concrete cylinders for every 50 cubic yards placed per day (or fraction thereof) for each strength requirement. • Shotcrete — "Special Inspection" of Shotcrete has not been specified. Shotcrete panels will be taken at a rate of one per 100 cubic yards of placement. It is MTI's intention that our services will complement your efforts towards maintaining the highest standards of quality. Please let us know if you require additional information. We thank you for considering our firm and look forward to working with you on this project. Respectfully Submitted, Materials Testing & Inspection, Inc. hn . Clements, R.E.A. 7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515 E -Mail mti@cyberhighway.net www.cyberhighway.net/-mti CoMATERIAL TESTING & INSPECTION U Environmental Services J Geotechnical Engineering V.P. Marketing EXHIBIT "A" PAGE # 2 OF 4 Rev. Date July 22, 1999 \\MANAGER\DATA DRIVE\CONSTRUCTION\PROPOSALS199 PROPOSALS\THE LAND GROUP - SKATEBOARD DOC J Construction Materials Testing j Special Inspections Estimated Services & Fees The following estimate of services is based on current MTI standard rates and estimated project quantities. Inspection and testing times are based on historical averages. They will be dependent on the contractor's schedule of activities and changes in project scope or requirements. If no cost is shown, the associated cost item is not required or will be by provided by others. Work which is not performed during the normal working day will be billed at 1.5 times the day rate. This is a time and material quote. Item # of Topa Units # of Units Rate Totals SOILS INSPECTION & TESTING Field Inspection w/ Equipment (UBC/ASTM) 5 hours 10 $38.00 $380.00 Proctors (ASTM D 698 or D 1557) each 1 5100.00 5100.00 Particle Size Analysis (ASTM D 422/D 136) each 555.00 Subgrade Inspection - Soils Engineer hours $45.00 $480.00 CONCRETE INSPECTION & TESTING Concrete Testing w/ Equipment (UBC/ACl/ASTM) 10 hours 20 535.00 5700.00 Concrete Cylinders (ASTM C 39) -- each 40 $15.00 5600.00 Pickup Cylinders 10 hours 10 $35.00 $350.00 Shotcrete Panel 10 each 10 $45.00 5450.00 $2,100.00 ASPHALT INSPECTION & TESTING Field Densities and Inspection w/ Equipment 1 hours 3 538.00 5114.00 Coring hours 5100.00 Extraction & Gradation (ASTM D 2172) each 5100.00 $114.00 MISC. ITEMS Travel Time hours 525.00 Mileage miles $0.35 7446 W. Lemhi St., Boise, ID 83709 Estimated Project Total:I $2,694.00 N 208 376-4748 Fax 208 322-6515 E -Mail mti@cyberhighway net www.cyberhighway.net/-mti