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Task Order No PKS 08-006 Settlers Village SquareTASK ORDER NO..PKS-08-008 CITY OF MERIDIAN (OWNER) AND MATERIALS TESTING AND INSPECTIONS (CONSULTANT) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Agreement between the above named parties dated November 14th, 2006. CITY OF MERIDIAN SETTLERS VILLAGE SQUARE PHASE ONE IMPROVEMENTS 71Ic�Ii�=3 The Consultant's scope of services and compensation shall be as set forth herein. Services shall generally be described as testing and inspections consulting services. TASK 1 — Testing and Inspections Consulting Services Per the City's request, the Consultant will provide professional testing and inspections consulting services relating to the construction of the Settlers Village Square Phase One Improvements project. These services are listed in MTI's October 15, 2008 Estimated Services and Fees (Attachment A). COMPENSATION The Nat -To -Exceed amount for Task Order No. PKS-08-006 is Two Thousand Nine Hundred Five and 00/100 dollars ($2,905.00). CITY OF MERIDIAN C0KSU.L A TAMMY WEERD, MAYOR LkAuthorized Representative) 10 - Date !!!!//III111114ti�� Date Approved by City Council: �o-ae-o8 Date TASK ORDER NO. PKS-08-006 CITY OF MERIDIAN (OWNER) AND MATERIALS TESTING AND INSPECTIONS (CONSULTANT) CITY OF MERIDIAN SETTLERS VILLAGE SQUARE PHASE ONE IMPROVEMENTS ATTACHMENT A Eamm"A" PAGE 01 OF 8 PRVT QATE 10!1UMS %"3ERV9F"R0POSA181CON8TRUOTIOMPR OPOSALSM PROPOMSUMEV-81OBS- SEM ERSSOUMe DOC O Environmental Services ❑ Geotechnical Engineering U Construction Materials Testing U Special Inspections MAX J ENSEN PI LONE: (268) 888-3579 CITY OF MERIDIAN, PARKS AND RECREATION FAX; (n8)8"-5561 11 West Bower Avenue Meridian, ID 83642 Re: Testing and Inspection Services for the Proposed Project: Settlers Village Square, Meridian, ID Dear Max Jensen, The enclosed cost proposal has been prepared for your review and evaluation. Materials Testing & Inspection, Inc. (MTI) appreciates the opportunity to submit this estimate to provide materials testing and inspection services on the above referenced project. The estimate is based on our review of plans, specifications, similar projects and City of Meridian requirements. The estimate is also based on a presumed construction schedule. If the construction schedule docs not follow MTI's estimated production rates and schedule, the quantities and number of trips required will vary. Please review the number of trips and quantities to insure that each item follows your construction schedulelproduction rates. Variances from our estimate and your schedulelproduction rates will be billed at the indicated unit rates. The result may be a decrease or increase in the total testing and inspection costs. Scope of services for the project have been outlined below: Site Work - The Scope of Services includes; 1) soils testing and inspection, 2) concrete testing and inspection, 3) pervious concrete testing and inspection, and 4) asphalt testing and inspection. The scope may be adjusted based on the actual special inspection requirements. Costs will be dependent on the actual number of trips/time for testing and inspections. A detailed explanation of testinglinspection items for each phase of construction has been provided below: e Soils - Fill placement monitoring and compaction testing will be performed throughout the project. Geotechnical observations will also be performed during stripping activities and at footing bearing surfaces. ® Concrete -- This estimate is based on the assumption that structural concrete will be tested at the International Building Code minimum intervals of one set of 4 concrete cylinders for each 150 cubic yards or fraction thereof of each concrete mix placed each day. 2791 S. Victory View Way a Boise, Idaho 83709 a (208) 376.4748 a Fax (208) 322-6616 mmm&kl.com a WWW.mB-id.eom Ro. 10(im? ❑ Environmental Services U Geotechnical Engineering U Construction Materials Testing U Special Inspections o Pervious Concrete - Pervious Concrete Pavement will be tested in accordance with the specification and ASTM 138 and ASTM C29. Asphalt -Monitoring of placement and density testing will be performed. 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�G -� & Inspection, Inc. Charles Garrison Director of Marketing 2781 S. Victory View Way o Boise. Idaho 53708 • (208) 376-4748 a Fax (208) 322-6515 mtt@mti-ld.com a wem.mtl-id.com Row 10116oT EXHIM"A" MATERIALS PAW02DATE l PROiT DATE 1OH572OO8 C,V TESTING & ".' ISERVER2U-R6POSALSWONSTRUCT bu1PR OPOSNSW PROPOBALS480MI"10BE. SETREgB SQUARE DOC INSPECTION ❑ Environmental Services U Geotechnical Engineering U Construction Materials Testing U Special Inspections o Pervious Concrete - Pervious Concrete Pavement will be tested in accordance with the specification and ASTM 138 and ASTM C29. Asphalt -Monitoring of placement and density testing will be performed. 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�G -� & Inspection, Inc. Charles Garrison Director of Marketing 2781 S. Victory View Way o Boise. Idaho 53708 • (208) 376-4748 a Fax (208) 322-6515 mtt@mti-ld.com a wem.mtl-id.com Row 10116oT ExH®n"A" PMATERIALS nRMI)AE1 ONd208 TESTING UMttWRVER2V'ROPOSAL.81CCP,tMucTIONIPR Col OPOSAL5108 PROPOSALS BOL3ewe1088 sErrLEassLw,wE.00c INSPECTION U Environmental Services D Geotechnical Engineering D Construction Materials Testing D 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 provided by others. The costs below are estimated using day rates (7:00 AM to 5:30 PM). Work not performed durine the normal working day is subiect to be billed at 1.5 times the day rate. This is afi1 re and materials -ante, 11 Item 0 of Trips Units # of Units Rate Totals SOILS INSPECTION & TESTING Field Density Testing D2922 8 hours 16 $38.00 $608.00 Proctor D698, D1557rr99, T180 each 3 $140.00 $420.00 Sieve Analysis- Coarse & Fine C117, C1361T11. T27 each 3 $75.00 $225.00 Atterberg Limits D43181T89, T90 each $90.00 $0.00 Sample Pick Up 2 hours 2 $35.00 $70.00 Subgrade Inspector 2 hours 4 $80.00 $320.00 Sub -Total $1,643.08 CONCRETE INSPECTION & TESTING Concrete inspector 2 hours 4 $35.00 $140.00 Concrete Cylinders C39rr22 each 8 $15.00 $120.00 Cylinders Pick Up hours $35.00 $0.00 Pervious Concrete Inspector (Volumeldc Unit Weight) 1 hours 2 $38.00 $76.00 Pervious Concrete Coring D979 hours 2 $125.00 $250.00 Pervious Concrete Core Harden Unit Weight each 2 $35.00 $70.00 Sub -Total $656.00 ASPHALT INSPECTION & TESTING Asphalt Field Density Testing D2922 1 hours 4 $35.00 $140.00 Asphalt Coring D979 hours $125.00 $0.00 Asphalt Core Specific Gravity, Height, Diameter, Weight each $50.00 $0.00 Asphalt Content -by ignition Method D6307IT308 each $125.00 $0.00 Mechanical Analysis D5444 each 1 $75.00 $75.00 Sub -Total $215.00 MISC. ITEMS Travel Time - No Charge hours $40.00 $0.00 Mileage - 20 Miles R/T 16 miles 340 $0.65 $221.00 Certificate of Compliance hours 2 $85.00 $170.00 Sub -Total $391.00 Estimated Project Total: 2791 S. Victory View Way a Bode, Idaho 83709 0 (208) 376-4748 m Fax (208) 322-6515 m0@mti-kl.com • WWW.Mtl-ld.com Rev 1a18107 Page 84 of 5 Revlston Date 10115/2008 WAftffM wropdrsetsv:.rr>annud0AiI` o pas wesP q.=ft%8.J.4Wa1oes. settlem square dw :1 Environmental Services u Geotechnical Engineering U Construction Materials Testing U Special inspections PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT Is made and entered into effective this Wednesday, October 15, 2008 by and between City of Meridian ('CLIENT") and MATERIALS TESTING & INSPECTION, INC. ('CONSULTANT") and is made with reference to the following facts and objectives: RECITALS: WHEREAS, CLIENT intends to have the CONSULTANT perform services described in the preceding in accordance with the Proposal (Exhibit "A") for the Property described in the preceding (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 servicesby CONSULTANT and the payment for those services by CLIENT, as set forth below. Verbal authorization of vvork activities constitutes acceptance of this proposal with its included terms and conditions I. SCOPE OF SERVICE. The services to be performed by CONSULTANT under this Agreement are described In Exhibit'X 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 ExhFolt W. it. 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. Administrative and/or management time for report review and preparation, schedule changes, and other project related activities will be added to the inspedor'sftachnician's time. All monthly statements submitted to CLIENT are due and payable at the line of the billing unless otherwise specified In this agreement. Statements unpaid 30 days after billing will incur Interest charges of 1.5% Per month (189/6 per annum). Statements unpaid 75 days after billing constitute a material breach of this agreement, and unless reasonably subject to dispute, entilie CONSULTA14T (at is election) to terminate this Agreement by written notice to CLIENT. Upon CONSULTANT'S written termination or this agreement, CLIENT shall Immediately pay all fees and charges due and owing under this agreement up to the date of tarmination and CONSULTANT shall have no further obligation to CLIENT. Ili. SERVICES. CONSULTANT will ad 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. In the event CLIENT seeks services from CONSULTANT beyond those contained in Exhibit 'A' attached hereto, CLIENT shall request those services in writing at least 10 days prior to the requested date of service. CONSULTANT shall not be obligated to perform the additional services requested by CLIENT except upon CONSULTANTS written consent to perform said additional services. Additional services agreed to be provided by CONSULTANT shall be subject to all terms and conditions of this agreement 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 coat for disposal of Hazardous Materials to include the characterization costs shall be borne, by CLIENT. V. CLIENTS RESPONSIBILITIES. CLIENT or CLIENTS authorized representatives will provide CONSULTANT with all revised and updated plans, speciftcatkms, addenda, change orders, approved shop drawings and any other information necessary for the proper performance of CONSULTANTS duties pursuant to this Agreement. CONSULTANT shall not be responsible for any errors and/or omissions in the performance of CONSULTANTS work or services rendered resultirhg from CLIENTS failure to provide CONSULTANT with revised and updated plans, specitcalons, addenda, change orders, approved stop drawings and other information for the proper performance of CONSULTANT'S duties. (CLIENT will arrange and provide access, as Is deemed necessary, to each area in which it will be required for CONSULTANT to perform Its work. CONSULTANT will not commerce wok prior to release by CLIENT (owner?). CONSULTANT cannot be held responsible for costs related to damage to or replacement of utility services.) VI. INSURANCE CONSULTANT stall secure and maintain throughout the full period of this Agreement suffiaem 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 CONSULTANTS RESPONSIBILITIES. CONSULTANT shelf not be responsible for acts and/or omissions of any parry or parties Involved In the design or construction of the Project or the fature of any Contractor or Subcontractor to construct any aspect of the Project to 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 totem any requirement of the Projects 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 wok, except for such periods as may be required to conduct sampling, testing, or inspection of operations covered by this Agreement CONSULTANT shall not be fiable for damages resulting from the actions or Inactions of any governmental agencies, tnoiuding but riot limited to, permit processing, environmental impact reports, governmental building inspections, dedications, general plans and amendments thereto, zoning matters. annexations or consolklations. use or conditional use permits andfor building permits. VIII. CHANGES in SCOPE OF WORK. CLIENT, without invalidating this Agreement may order changes in the scope or character M services and/or work performed by CONSULTANT, either decreasing or increasing the amount of CONSULTANT'S work or services. A0 such changes in the work and/or services performed by CONSULTANT shalt be authorized by a written change order signed by CLIENT and shall be performed under the applicable terms and corx811ons of this Agreement. CONSULTANT stall not be obligated to perform any changes in the scope or character of the work andfor services until CONSULTANT Is In receipt of a written change order signed by CLIENT and signed by CONSULTANT indicating ds agreement therewith. 2791 S. Victory View Way a Boise, Idaho 83709 0 (208) 3784748 a Fax (208) 322-6515 mti@mt-kLcom a www.ml-id.com Foy span Rw 10184107 (goMATEMLS TESTING & INSPECTION Page tib or 5 Revision Date 1011512008 \ultismar2PruaaaatSTAM uvdwnu�ro s � �0m� ecce+oae - o Environmental Services ❑ Geotechnical Engineering U Construction Materials Testing Q Special Inspections IX. LIMITATION OF LIABILITY. Should CONSULTANT or any of its professional employees be found to have been negligent in the performance of its work, or to have made and breached any express or implied warranty, representation or contract, CLIENT, all parties claiming through CLIENT and all parties claiming to have In any way relied upon CONSULTANTS work, agree that the maximum aggregate amount of the liability of CONSULTANT, its officers, employees and agents shall be limited to $25,000.00 or the total amount of the fee paid to CONSULTANT under this Agreement. whichever amount is less; or the limit of any optional, CLIENT -purchased Insurance. X. COMPENSATION FOR SERVICES RENDERED, CLIENT recognizes that the estimate noted in Exhibit `A' (g provided) was obtained through a diligent evaluation of fie contract documents, b n+struction plans and specifications and scheduled discussions with the Owner, relevant subcontractors, the general contractor and design group members. CLIENT recognizes that the testing, inspection and the consulting engineering 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, Including, but not limited to, the quantity of concrete placement, field or shop steel welding schedules, masonry placement days or additional charges for drillers services 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, as appropriate, 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 wig be encountered. Due to the nature of the construction business. CONSULTANT will have no notice of this until the day the said overtime occurs. According to the schedule as listed in Exhibit W, CLIENT agrees to compensate CONSULTANT for such overtime. X11. 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 shag be entitled to rely on the services, opinions, recommendations, plans, or specifications provided pursuant to this agreement without the express written consent of CONSULTANT. XIII. INDEMNITY. CLIENT agrees to defend, indemnity, and hold CONSULTANT, its officers, directors, employees, agents and Independent contractors harmless from arry and all claims, suits or liability for personal injury, death. Hine", property damage, damage to natural resources, fine or penally arising or alleged to have arisen out of performance of CONSULTANTS work to the extent that such claims or damages are due to the fault of the CLIENT, except to the extent due to gross negligence or tnImilonaliy wrongful conduct of CONSULTANT. CLIENT fuller agrees to compensate CONSULTANT for all COOS, expenses and attorney fees reasonably incurred in defending any such daim. In the event CLIENT shall bring any action against CONSULTANT, to the extent CONSULTANT prevails in such action. CLIENT shag provide the same compensation. XIV. PROVISIONS SEVERABLE. The unenforceabggy, or Invalidity of any provision or provisions hereof shag not fender any other provision or provisions unenforceable or invalid. Nothing in the Agreement shall relieve any party from its responsibilities under law or contracL XV. LOCATION OF AGREEMENT AND DURATION OF PROPOSAL. This agreement Is governed by the laws of the State of Idaho, and is entered into the County of Ada, City of Boise. The attached Propose[ shall remain valid and in effect for 180 days from the date written in below, unless withdrawn by CONSULTANT prior to acceptance. XVI. DISCLAIMER OF WARRANTIES. CONSULTANT makes no representations regarding any potential findings, conclusions, or recommendations on conclusion of CONSULTANT'S services. CONSULTANT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED AS TO FINDINGS, RECOMMENDATIONS, SPECIFICATIONS OR PROFESSIONAL ADVICE. This agreement contains the entire and integrated Agreement between CLIENT and CONSULTANT and supersedes all prior negotiations, representations or agreements, either wften or oral. This agreement cannot be amended or modified except by a written Agreement, executed by each of the parties hereto. This Agreement is governed by the laws of the state of Idaho. The individual signing below represents and warrants that heishe has full authority to enter into this Agreement on behalf of CLIENT. If the individual below lacks such authority, he/she shad be personally responsible for payment of obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year fist above written, at Boise, Idaho. .Go sultant: Materials Testing & Ins la , Inc. Name & TT& �A _ Date: //�;- /o��5� Name & Title: Date: Client: Company Name 2791 S. Victory View Way o Mae. Idaho $3709 • (208) 376-4748 • Fax (208) 322-6515 mti@mti-id.com a eww.mti-Id.com Form soar Rev IOM4107