HomeMy WebLinkAboutIndependent Contractors Agreement with Material Testing and Inspection Services for Meridian Fire Station No. 2Materials Testing and Inspection
WILLIAM G. BERG
City of Meridian, City Clerk
33 E Idaho Ave.
Meridian, Idaho 83642-2631
PHONE: 208-887-2211
Fax: 208-887-4813
EXHIBIT "A"
PAGE # I OF 4
DATE OCTOBER 27, 2000
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Re: Materials Testing & Inspection Services for Meridian Fire Station #2, Meridian, Idaho
Dear Mr. Berg:
We have prepared the following information for your review and evaluation. Materials Testing & Inspection,
Inc. (MTI) appreciates the opportunity to submit the attached fee proposal to provide Owner responsible
materials testing and inspection services on the above referenced project.
The estimate is based on the project plans and specifications, historical information regarding similar type
projects and a presumed construction schedule.
The Scope of Services includes; 1) soils testing & inspection, 2) concrete testing, 3) masonry testing and
inspection, and 4) structural steel and bolting inspection. The actual costs for these services will be influenced
by the project schedule, changes in the testing scope of work and the success rate for passing actual tests.
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.
Pamela J. Dell Campbell
Marketing Coordinator
7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515
E-Mail mti@ mti-id.com www. mti-id.com
MATERIALS
TESTING &
INSPECTION
Environmental Services
~1Geotechnical En[lineerin[i
EXHIBIT "A"
PAGE # 2 OF 4
DATE OCTOBER 27, 2000
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Construction Materials Testin,g 0 Speci~lr~ai~[rtoh~
Estimated Services & Fees
The following estimate of services is based on current MTi standard rates and indicated 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 provided by others. This is not a Not-To-Exceed
Amount.
Item # of Trips Units # of Units Rate Totals
SOILS INSPECTION & TESTING
Field Inspection w/Equipment (UBC/ASTM)
Proctors (ASTM D 698 or D 1557)
Particle Size Analysis (ASTM D 422/D 136)
Atterberg Limits (Astm D 4318)
Subgrade Inspection - Soils Engineer
CONCRETE INSPECTION & TESTING
Concrete Testing w/Equipment (UBC/ACI/ASTM)
Concrete Cylinders (ASTM C 39)
Pickup Cylinders
MASONRY INSPECTION & TESTING
Rebar & Grouting Inspection w/Equipment (UBC)
Mortar Cylinders (ASTM C 780)
Grout Prisms or Cylinders (ASTM C 1019)
CMU Prisms (ASTM E 447)
CMU Units Comp. Strength (ASTM C 140)
CMU Units Absorp., Density & Moist. (ASTM C 140)
STEEL INSPECTION & TESTING
Field Inspection (UBC/ICBO)
Fireproofing Inspection
Fireproofing Density Testing
Ultrasonic Testing (AWS)
Fabrication Shop Inspector
ASPHALT INSPECTION & TESTING
Field Densities and Inspection w/Equipment
Coring
Extraction & Gradation (ASTM D 2172)
MISC. ITEMS
Travel Time
Mileage, RT 80 miles
7 hours 21 $38.00 $798.00
-- each 1 $125.00 $125.00
-- each $55.00
each $60.00
1 hou~ 2 $65.00 $130.00
Sub-Total $1,053.00
8 hours 24 $35.00 $840.00
-- each 32 $15.00 $480.00
6 hours 6 $35.00 $210.00
Sub-lotal $1,530.00
5 hours 20 $35.00 $700.00
-- set of 3 2 $45.00 $90.00
-- set of 3 2 $45.00 $90.00
-- set of 3 2 $195.00 $390.00
-- set of 3 2 $75.00 $150.00
-- set of 3 2 $90.00 $180.00
Sub-Total $1,600.00
2 hours 6 $45.00 $270.00
hours $35.00
each $30.00
hou~ $50.00
hou~ $45.00
Sub-Total $270.00
houm $38.00
hours $100.00
each $100.00
Sub-Total
hours $35.00
miles $0.40
Sub-Total
Estimated Project Total:
$4,453.00
7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515
E-Mail mti@mti-id.com www. mti-id.com
MATERIALS
TESTIN6 &
INSPECTION
Environmental Services
Q Geotechnical En~lineerin~l
PAGE # 3 OF 4
DATE OCTOBER 27, 2000
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Construction Materials Testing ~ Special Inspections
PROFESSIONAL SERVICES CONTRACT
THIS AGREEMENT is made and entered into effective this Friday, October 27, 2000 by and between City of Meridain ("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 Special Inspection and testinq in accordance with the Proposal (Exhibit "A") for
the Meridian~ Idaho - Meridian Fire Staion #2 (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.
I1.
III.
IV.
VI.
VII.
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".
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.
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.
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 Hazardous Materials to
include the characterization costs shall be borne by CLIENT.
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 CONSULTANT'S 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).
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.
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,
7446 W. Lemhi St., Boise, ID 83709 208 376-4748 Fax 208 322-6515
E-Mail mti @ mti-id.com www. mti-id.com
MATERIALS
TESTIN6 &
INSPECTION
Environmental Services
r~ Geotechnical En~lineerin~
PAGE # 4 OF 4
DATE OCTOBER 27, 2000
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station.doc
Construction Materials Testing rn Special Inspections
including but not limited to, permit processing, environmental impact reports, governmental building inspections, dedications, general
plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits and/or building permits.
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 ~gents shall be limited the amount of MTI's currently
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. Due to the nature of the construction business, CONSULTANT will have no
notice of this until the day the said overtime occurs. CLIENT agrees to compensate CONSULTANT for such overtime.
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 CLIENT'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. In the event CLIENT shall bring any action against CONSULTANT, to the extent CONSULTANT prevails in such action,
CLIENT shall provide the same compensation.
CONSULTANT agrees to defend, indemnify, and hold CLIENT, 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 CONSULTANT, except to the extent due to gross negligence or intentionally wrongful conduct of CLIENT.
In the event CONSULTANT shall bring any action against CLIENT, to the extent CLIENT prevails in such action, CONSULTANT shall
provide the same compensation.
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: /?,/ _ Client,:
Materials Testing & Inspection, Inc. ,
Name & Title: ~'0, ~- ~_C_~ i ..q .&, Title: .//~~w-./~
7446 W. Lemhi St., Boise, ID 8,~."~ '~?T I~)~8~6~48 Fax 208 322-6515
E-Mail mti@mti-id.com ';;,~ ...... ?'" www. mti-id.com