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HomeMy WebLinkAbout001038 Original ContractCity of Port Angeles Record # 001038 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND NORTHWESTERN TERRITORIES, INC. PSA- 2016 -03 Professional Services Agreement RELATING TO: GEOTECHNICAL SURVEYING AND INSPECTION SERVICES THIS AGREEMENT is made and entered into, by and between THE CITY OF PORT ANGELES, a non - charter code city of the State of Washington, (hereinafter called the "CITY ") and Northwestern Territories, Inc., a Washington corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT "). WHEREAS, the CITY desires engineering and consulting assistance related to construction inspection and materials testing. WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the Scope of Services as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and /or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms; conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF SERVICES General Scope. The Consultant will accomplish the work as described in scope of services attached in Exhibit A. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws. The Scope of Services may be amended upon written approval of both parties. Page 1 of 7 II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and written direction to proceed from CITY and the duration of the Agreement shall extend through December 31, 2016. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non - salary reimbursable costs as set forth in the attached Exhibit C. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non -salary direct costs; shall indicate the specific task or activity in the Scope of Service to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XI of this Agreement shall be as agreed to by the parties in writing. Page 2 of 7 VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reirnbursement under this Agreement, including labor, direct non - salary reimbursable costs and outside services, shall not exceed the maximum sum of $17,000.00 The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $17,000.00. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement is that of owner - independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance within the Scope of Service. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non - discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. Page 3 of 7 X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination for cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION /HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. Page 4 of 7 The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, the CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. 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 CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. XV INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. MINIMUM SCOPE OF INSURANCE Consultant shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The CITY shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the CITY. Page 5 of 7 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. MINIMUM AMOUNTS OF INSURANCE Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. OTHER INSURANCE PROVISION The CONSULTANT'S Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any Insurance, self- insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute with it. D. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. VERIFICATION OF COVERAGE CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT before commencement of the work. F. NOTICE OF CANCELLATION The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within two business days of their receipt of such notice. G. FAILURE TO MAINTAIN INSURANCE Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days notice to the CONSULTANT to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. Page 6 of 7 XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A — Scope of Services Exhibit B — Budget Exhibit C — Time Plus Expense Rate Schedule XVIII This Agreement is effective and binding as of the date for the last signature affixed below. CITY OF PORT ANGELES CONSULTANT NORTHWESTERN TERRITORIES INC. TITLE.i irit�aci{%,4 y'tG> DATE: � — I _ /� APPROVED A O FORM: WILLIAM E. BLO R, CITY ATTORNEY ATTEST: J NNIF VENEKLASEN, CITY CLERK Page 7 of 7 EXHIBIT A SCOPE OF SERVICES This scope of services provides technical support to the City's engineering office; typical services include geotechnical evaluation, geotechnical boring, site surveys, construction surveys, construction material testing and lab analysis, inspection, soil surveys, pre - design surveys, etc. Task 1: Survey transect data at the eleven locations collected annually at the Port Angeles Landfill shoreline as designated in the March 12, 2008 Operations and Maintenance Plan for the Port Angeles Seawall. Additional transect locations may be requested by the City. Survey data will be collected in April 2016. Survey accuracy and layout shall be consistent with transects surveyed in 2008 through 2015. Deliver survey data to both the City of Port Angeles and to an engineering consultant designated by the City in the form of a comma separated variable file (csv), within 7 days of performing the transect survey. Task 2: Survey existing manhole rim elevations, inverts, and location along the two proposed alignments of the H Street Stormwater Outfall Project, located near the intersection of Marine Drive and Hill Street. Deliver Survey data to the City of Port Angeles in an AutoCAD (dwg) file, within 14 days of performing the transect survey. The City engineering department will provide GIS maps of the approximate location of the Stormwater structures to be surveyed by the CONSULTANT, additional information will be provided upon request. Task 3: CONSULTANT shall provide technical assistance and other services to the CITY, related to the CITY's Street department at the specific direction of authorized CITY staff. These services may include land survey, geotechnical testing, material testing and inspection. No such assistance or services shall be provided unless specifically directed by the CITY. The purpose of this task is to facilitate timely response by CONSULTANT to needs that are unforeseen at this time. The budget for this task is essentially a contingency allowance that includes labor and expenses. Task 4: CONSULTANT shall provide technical assistance and other services to the CITY, related to the CITY's Stormwater department at the specific direction of authorized CITY staff. These services may include land survey, geotechnical testing, material testing and inspection. No such assistance or services shall be provided unless specifically directed by the CITY. The purpose of this task is to facilitate timely response by CONSULTANT to needs that are unforeseen at this time. The budget for this task is essentially a contingency allowance that includes labor and expenses. END OF EXHIBIT CONSULTANT will perform the scope of work in Exhibit A on an hourly basis per Exhibit C -- Standard Rate Schedule. END OF EXHIBIT Task Amount 1 Survey Transects at Port Angeles Landfill _ $5,000 2 Survey H Street Stormwater Outfall $5,000 3 Directed Services Streets $5,000 4 Directed Services Stormwater $2,000 Total Contract Amount $17,000 END OF EXHIBIT Exhibit C - Time Plus Expense Rate Schedule ENGINEERING AND LAND SURVEYING PRINCIPAL ENGINEER .............................................................................. ............................... GEOTECHNICALENGINEER .................................................................... ............................... GEOTECHNICAL 2- PERSON FIELD CREW .............................................. ............................... PRINCIPAL SURVEYOR, PROJECT ENGINEER ...................................... ............................... GEOTECHNICAL PROJECT MANAGER, PROJECT MANAGER OR PROJECT SURVEYOR SENIOR TECH - OFFICE OR LAB .............................................................. ............................... SENIOR TECH - FIELD INSPECTOR WITH EQUIPMENT ......................... ............................... TECHNICIAN............................................................................................... ............................... TECHNICAL ASSISTANT ............................................................................ ............................... LAND SURVEYING 1- PERSON FIELD CREW ........................................... ............................... LAND SURVEYING 2- PERSON FIELD CREW ........................................... ............................... LAND SURVEYING 3- PERSON FIELD CREW .......................................... ............................... SINGLESURVEYOR WITH GPS ................................................................ ............................... CONSTRUCTION SURVEYING 1- PERSON FIELD CREW ....................... ............................... CONSTRUCTION SURVEYING 2- PERSON FIELD CREW ....................... ............................... CONSTRUCTION SURVEYING 3- PERSON FIELD CREW ....................... ............................... COURT TESTIMONY & DEPOSITIONS ..................................................... ............................... HOURLY RATE ................. $115.00 ................. $110.00 .................. $160.00 ........... $ 95.00 .................. $ 90.00 .................. $ 75.00 ................. $ 80.00 ................. $ 65.00 ...... I.......... $ 40.00 .................. $110.00 .................. $140.00 ........ I. ..... ... $175.00 ............. I... $125.00 ................. $120.00 .................. $150.00 .................. $185.00 ...... I..I ... I.... $175.00 1. Unless otherwise noted, hourly rates include materials, equipment and vehicular mileage. 2. Minimum charge for professional services is one hour for office consultation, two hours for field consultation, and four hours for court testimony. 3. Work in excess of eight hours and Saturdays is to be billed at time and one -half; Sunday and Holidays at double time. Travel in excess of eight hours will be billed at regular full time hourly rates listed above. 4. Non -salary reimbursable expenses listed in General Conditions under item 3 on next page. MATERIALS TESTING LABORATORY SERVICES (Per item tests include all laboratory labor unless noted) CONCRETE, MORTAR OR GROUT COMPRESSION TEST... .................... ..... ........ ............................ $ 30.00 Each -For each cylinder logged into the lab - broken or not. Includes curing, testing and reporting of specimens. CONCRETE CYLINDER MOLD CAST BY OTHERS ADDED CHARGE .................... ..............................$ 5.00 Each �f �__.. lflrut NTI ENGINEERING & LAND SURVEYING �,` 717 SOUTH PEABODY STREET PORT ANGELES WA 98362 PARTICLE SIZE ANALYSIS WITH HYDROMETER (ASTM D- 422) .. ............................... ........................$165.00 n Engineers u Land Surveyors a Geologists N/ ® ❑ Construction Inspection r-t Materials Testing wym.nti4u.com (360) 452 -8491 FAX 452 -8498 www.nti4w.com E -Mail infonnfi4u,com ENGINEERING AND LAND SURVEYING PRINCIPAL ENGINEER .............................................................................. ............................... GEOTECHNICALENGINEER .................................................................... ............................... GEOTECHNICAL 2- PERSON FIELD CREW .............................................. ............................... PRINCIPAL SURVEYOR, PROJECT ENGINEER ...................................... ............................... GEOTECHNICAL PROJECT MANAGER, PROJECT MANAGER OR PROJECT SURVEYOR SENIOR TECH - OFFICE OR LAB .............................................................. ............................... SENIOR TECH - FIELD INSPECTOR WITH EQUIPMENT ......................... ............................... TECHNICIAN............................................................................................... ............................... TECHNICAL ASSISTANT ............................................................................ ............................... LAND SURVEYING 1- PERSON FIELD CREW ........................................... ............................... LAND SURVEYING 2- PERSON FIELD CREW ........................................... ............................... LAND SURVEYING 3- PERSON FIELD CREW .......................................... ............................... SINGLESURVEYOR WITH GPS ................................................................ ............................... CONSTRUCTION SURVEYING 1- PERSON FIELD CREW ....................... ............................... CONSTRUCTION SURVEYING 2- PERSON FIELD CREW ....................... ............................... CONSTRUCTION SURVEYING 3- PERSON FIELD CREW ....................... ............................... COURT TESTIMONY & DEPOSITIONS ..................................................... ............................... HOURLY RATE ................. $115.00 ................. $110.00 .................. $160.00 ........... $ 95.00 .................. $ 90.00 .................. $ 75.00 ................. $ 80.00 ................. $ 65.00 ...... I.......... $ 40.00 .................. $110.00 .................. $140.00 ........ I. ..... ... $175.00 ............. I... $125.00 ................. $120.00 .................. $150.00 .................. $185.00 ...... I..I ... I.... $175.00 1. Unless otherwise noted, hourly rates include materials, equipment and vehicular mileage. 2. Minimum charge for professional services is one hour for office consultation, two hours for field consultation, and four hours for court testimony. 3. Work in excess of eight hours and Saturdays is to be billed at time and one -half; Sunday and Holidays at double time. Travel in excess of eight hours will be billed at regular full time hourly rates listed above. 4. Non -salary reimbursable expenses listed in General Conditions under item 3 on next page. MATERIALS TESTING LABORATORY SERVICES (Per item tests include all laboratory labor unless noted) CONCRETE, MORTAR OR GROUT COMPRESSION TEST... .................... ..... ........ ............................ $ 30.00 Each -For each cylinder logged into the lab - broken or not. Includes curing, testing and reporting of specimens. CONCRETE CYLINDER MOLD CAST BY OTHERS ADDED CHARGE .................... ..............................$ 5.00 Each DRY GRADATION (SIEVE) ANALYSIS (ASTM C -33 and C -136) .............................. ..............................$ 75.00 Each WET GRADATION (SIEVE) ANALYSIS (ASTM C -117 and C- 136) ... ............................... ........................$150.00 Each PARTICLE SIZE ANALYSIS WITH HYDROMETER (ASTM D- 422) .. ............................... ........................$165.00 Each SAND EQUIVALENT (AASHTO T -176 and ASTM D- 2419) .............. ............................... ........................$100.00 Each PROCTOR (SOIL MOISTURE - DENSITY (ASTM D -698 or ASTM D- 1557) ...................... ........................$300.00 Each FRACTURE FACE (ASTM D- 5821) ............................................ ............................... ..............................$ 65.00 Each LIQUID LIMITS, PLASTIC LIMITS & PLASTICITY INDEX (ASTM D- 4318) ...................... ........................$150.00 Each ATTERBERG LIMITS -3 POINTS (ASTM D- 4318) .............................. ............................... ........................$150.00 Each NATURAL MOISTURE CONTENT (ASTM D- 2216 ..................................................... ..............................$ 15.00 Each ORGANIC CONTENT, LOSS BY IGNITION (ASTM D -2974) ..................................... ..............................$ 75.00 Each SOIL CLASSIFICATION I - DRY SIEVE & USCS .............................. ............................... ........................$100.00 Each SOIL CLASSIFICATION I -WET SIEVE & USCS ................................ ............................... ........................$175.00 Each SOIL CLASSIFICATION II - DRY SIEVE, USCS & ATTERBURG LIMITS ........................ ........................$200.00 Each COMPACTION TESTING WITH EQUIPMENT ........................................................... ............................... $90.00 Hour STRUCTURAL STEEL INSPECTION ........................................................................ ............................... $90.00 Hour LABORATORY TIME -AFTER HOURS (3 HR MINIMUM) ............... ............................... ........................$100.00 Hour SAME DAY CALL -IN FOR INSPECTION OR TEST (If an inspector is available.) ...... ..............................$ 50.00 Charge NOTE: Samples that require extra processing prior to testing or require the testing of a large amount of sample (i.e. performing sieve analysis on material with large particle sizes) will be billed at an hourly rate. G: \Gen \Rate Schedule \Rate Schedule July 2015.docx 7/1/2015 Exhibit C - Time Plus Expense Rate Schedule 1. NTI's standard hours of straight -time operation begin at 8:00 AM and end at 5:00 PM, Monday through Friday, with the exception of weekends and some holidays. Overtime rates of 1.5 times the applicable straight -time rate will be billed for any work performed between 6:00 PM and 6:00 AM, work in excess of 8 straight -time hours per day, and Saturdays work. Double time rates are 2 -times the applicable straight -time rate and will be billed for any work performed on Sundays and/or holidays. Minimum charge for professional services is one hour for office consultation, two hours for field consultation and four hours for court testimony. 2. Scheduling`inspections must occur before close of business on the day preceding the request. All services are billed portal to portal from NTI's Testing Laboratory. "Rush" laboratory testing (turnaround less than 2 full working days) will be billed at 1 '/2 times the applicable straight -time laboratory rate. NTI will retain material failing tests for 10 working days. NTI will only retain passing material at client's request. Concrete cylinders scheduled as hold will be broken or discarded at 56 days. Laboratory testing does not include material sample or pick -up. 3. Non - salary reimbursable expenses will include the following items: a) Items outside of general overhead costs, such as special legal and accounting expenses, special consultants, backhoe services, laboratory charges, special copying services and printing and binding at 10% above actual cost. In -house non- salary reimbursable expenses including but not limited to the following: LABORATORY TIME — AFTER HOURS (3 HR MINIMUM) ............................... ._ $100.00 hour SAME DAY CALL -IN FOR INSPECTION OR TEST (If an inspector is available.) _. $ 50.00 charge NUCLEAR DENSOMETER — DAILY EQUIPMENT CHARGE ........................... .......... _.... ........ ... ......$ 25.00 each MILEAGE (portal to portal) ................................................... ............................... $ .60 per mile PLAN SET REPRODUCTION 24" X 36"._ ........... ................. ....... __ ................... ........ .............. $ 1.50 per page COPIES8'/2" X 11" ............................................................. ............................... $ .10 per page COPIES 11" X 17" ....................................................................... ............................... .. $ .25 per page CADD STATION ........................ $ 10.00 hourly .............................................. ............................... ENGINEERING SOFTWARE .............................................. ............................... $ 10.00 hourly PLOTTER -- BOND 24" X 36"._ ..................................... ............ ....... $ 5.50 per page PLOTTER —BOND 11" X 17" . ............................... __. $ .50 per page ....................... ............................... PLOTTER — MYLAR 24" X 36"_ ............. ............................ __ ........ ................... $ 7.50 per page b) Government fees directly related to the project such as County survey recording fees and agency review fees. c) Out -of -town travel and living expenses related to the project. Travel time shall be hourly per rates listed above. 4. NTI maintains general liability insurance for bodily injury and property damage with an aggregate limit of $1,000,000 per occurrence as well as professional errors and omissions insurance and will furnish certificates evidencing such insurance upon request. If Client requires insurance in excess of NTI's standard, and if such insurance is procurable, Client to reimburse NTI for any additional fees plus 10% incurred by NTI to fulfill Clients request for such. 5. Comprehensive cost estimates and pricing are available upon request and may vary from the Time Plus Expense Rate Schedule. Scheduling and sequencing of a construction project are controlled by individuals and organizations not owned or operated by NTI, therefore if an Estimate of Fees is generated, it shall not guarantee a maximum cost to complete the services required and /or requested to complete the construction project. The quantities included in our Estimate of Fees are based in part and upon construction documents and schedules made available to NTI at the time of the proposal. 6. The rates as stated in the Time Plus Expense Rate Schedule are applicable through the last day of the calendar year issued, unless otherwise contracted. The terms and conditions as outlined in the Contract for Services are incorporated herein for reference. 7. NTI will not issue a final inspection letter until all outstanding invoices for the t roject have been paid. 8. All designs, drawings, specifications, notes, data: sample materials, report reproducible and other work developed by NTI are instruments of service and as such remain the property of NTI.