City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA February 24, 2021 6:00 p.m. (Virtual Meeting) The Mount Vernon City Councilmembers will be participating in this meeting via video/teleconference technology. To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of February 3, 2021 Study Session Minutes B. Approval of February 10, 2021 Regular Council Meeting Minutes C. Approval of February 19, 2021 payroll checks numbered 110574 - 110596, direct deposit checks numbered 80911 – 81131 and wire transfers numbered 945 – 949 in the amount of $1,187,291.13 D. Approval of February 24, 2021 Claims numbered 12564 – 12569 and 12581 - 12795 in the amount of $704,233.36 III. REPORTS A. Review of Emails from the Public (All public comments must be sent via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. All comments must be received by 5 p.m. on February 24, 2021) B. Department Updates 1) Parks and Enrichment Service • 2021 Projects • Field Use for Sports • Drive-in Movie Events 2) Finance Department • Purchasing Discussion • Human Resources – Collective Bargaining Training C. Councilmember Comments D. Mayor’s Report E. Council/Committee Agenda Requests Mount Vernon City Council Agenda February 24, 2021 page 2 IV. NEW BUSINESS A. Open Record Public Hearing – CDBG 2021-2022 Action Plan (This is an open record public hearing to obtain the views of residents and other interested parties on the housing and non-housing community development needs of the City before a draft Community Development Block Grant {CDBG} 2021-22 Action plan is prepared.) (required action – none) (staff contact – Peter Donovan) B. Appointment of New Library Board Member (Staff is requesting that Council approve the appointment of Joan Gordon to the Mount Vernon Library Board.) (required action – motion) (staff contact – Isaac Huffman) C. Public Hearing – Code Amendments to Update Building, Fire, Procedures, Permit Expirations and Fee Regulations (This is a public hearing to allow testimony regarding code amendments to building and fire codes initiated by required state updates. Revisions to procedures, permit expirations, and fee codes also proposed as they address similar items being updated with the building and fire code updates.) (required action – ordinance) (staff contact – Rebecca Lowell) D. Set Public Hearing Date for Proposed Street Vacation (Staff is requesting that Council pass a resolution setting a public hearing date of March 24, 2021 to vacate a portion of Kincaid Street.) (required action – resolution) (staff contact – Rebecca Lowell) E. Amendment to Professional Services Agreement – Bridge Load Rating Services (Staff is requesting that Council authorize the Mayor to enter into Amendment No. 3 with Trantech Engineering, LLC, for additional remaining bridge load rating services.) (required action – motion) (staff contact – William Bullock) F. Acceptance of Proposal for 2021-2022 On-Call Materials Testing (Staff is requesting that Council accept the proposal by Materials Testing & Consulting, Inc. of Burlington WA for 2021-2022 On-Call Materials Testing.) (required action – motion) (staff contact – William Bullock) G. For the Good of the Order: • COVID-19 pandemic response and discussion COMMITTEE MEETINGS Finance and Parks & Enrichment Services Cancelled Next Ordinance 3825 Next Resolution 988  AGENDA ITEM: A DATE: February 24, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2021-2022 CDBG ACTION PLAN RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: - This is an Open Record Public Hearing to obtain the views of citizens and other interested parties on the housing and non-housing community development needs of the City before a draft Community Development Block Grant (CDBG) 2021-22 Action Plan is prepared. -Each year, the City invites public input on how the City’s CDBG funding should be directed. -The amount of the City’s 2021 CDBG allotment has not yet been determined by HUD. In previous years the City’s allocation has been: --2020: $383,000 --2019: $390,000 --2018: $400,488 --2017: $337,820. FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: Public Notice of Hearing for 2021 CDBG Action Plan NOTICE OF PUBLIC HEARING City of Mount Vernon Consolidated Plan: 2021 Action Plan The City of Mount Vernon is undertaking the planning process for submission of its Consolidated Plan 2021 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD). The Consolidated Plan is the planning and application requirement for City’s Community Development Block Grant (CDBG). The Consolidated Plan includes a five-year Strategic Plan and, each year, a one-year Action Plan that describes how the City’s CDBG will be used to carry out the City’s Strategic Plan to meet housing and community development needs. The 2021 CDBG funding allocation is estimated to be $380,000. The purpose of this notice is to announce the time and location of the first of two public hearings for this planning process. The purpose of the hearing is to obtain the views of citizens and other interested parties on the housing and non-housing community development needs of the City before a draft Action Plan is prepared, following which, a second public hearing will be held. The Action Plan for the 2021 program year may amend the Action Plan for the 2020 program year for the goals related to public services and microenterprise assistance and to adjust the budget for the change in the CDBG amount award to the City by HUD. 1st Public Hearing The City Council will hold a virtual public hearing on Wednesday, February 24, 2021, at 6:00 p.m. To observe a live broadcast of the meeting: 1. Call the conference line: 1-888-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA Topics for discussion: Description of planning process, anticipated funding, allowable activities, and solicitation of public comment on needs and priorities. To have your comments read publicly at the meeting: 1. Written comments may be submitted to: City of Mount Vernon Attn: Project Development Manager 910 Cleveland Avenue Mount Vernon, WA 98273 2. Electronic (email) comments may be submitted to: mvmayor@mountvernonwa.gov All public comments received by 4pm on Wednesday, February 24 will be read into the record during the public hearing on February 24. The City considers the view of all citizens, public agencies, and other interested groups in preparing the final Action Plan. A summary of the comments or views received in writing or orally at the public hearings will be listed as an appendix in the final Action Plan. The City of Mount Vernon encourages people with disabilities and language barriers to participate in public meetings. For assistance with special needs, please contact the Project Development Manager at 360-336-6211 in advance of the meeting. PUBLISH: February 9, 2021  AGENDA ITEM: B DATE: February 10, 2021 TO: Mayor Boudreau and City Council FROM: Isaac Huffman, Library Director SUBJECT: NEW LIBRARY BOARD MEMBER –JOAN GORDON RECOMMENDED ACTION: The Library Board of Directors and the Library Staff recommend the appointment of Joan Gordon to the Library Board. INTRODUCTION/BACKGROUND: In December 2020, Margret Redfern's term on the library board ended. After a search, Joan Gordon has been selected as a replacement. Originally from Seattle, Joan has lived in Mount Vernon since 2019. She enjoys Mount Vernon, so much she even created the 5 Cedars vacation retreat to encourage others to visit Mount Vernon. Joan is currently an executive assistant at Community Health Plans of WA. She holds an M.S. from Pacific University in Forest Grove, Oregon, and has a long history of not-for-profit service. Joan brings several skills to the library board and will be an excellent replacement for Margret. FINDINGS/CONCLUSIONS: After a background check and attending a board meeting Joan Gordon looks like a good fit for the library board. RECOMMENDATION: We recommend that Joan Gordon be appointed to the Library Board for a term of three years. ATTACHED: Library Board Application  AGENDA ITEM: C DATE: February 24, 2021 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: AMENDMENTS TO BUILDING, FIRE, PROCEDURE, SUBDIVISION, FLOODPLAIN AND FEE SCHEDULES RECOMMENDED ACTION: Council hold a public hearing and make a recommendation to adopt the subject code amendments. INTRODUCTION/BACKGROUND: Attached to this memo is a summary of the proposed code amendments. Please remember when reviewing the attached ordinance that changes are indicated with red font that is either underlined if it ____________it when being deleted. Text that is not red is existing code that is is to be added or has a strikethrough not proposed to be amended. Chapter 19.27 RCW requires all jurisdictions in the state adopt by reference, and enforce the State Building Code as adopted by the State Building Code Council. The most recent State Building Code adopted by the State is the 2018 International Building Code (IBC) that had an effective date of February 1, 2021. In addition to the State mandated building codes the City (similar to most jurisdictions) has historically adopted amendments, as allowed by the State. Over the years historic amendments that are no longer relevant have remainded in the code. With the adoption of the 2018 IBC the City’s Building Official and Fire Marshal completed comprehensive reviews and updates of these codes resulting in a clean up of these regulations. While the Building Official and Fire Marshal were updating their codes Planning staff also completed a review of its procedures, zoning and subdivision codes to similarily remove code that no longer effective (it’s expired) and organized sections of code to make it easier for Applicant’s to find needed information. FINDINGS/CONCLUSIONS: The SEPA process has been completed, Notice of Adoption of the proposed amendments was transmitted in compliance with RCW 36.70A.106(1) to the Department of Commerce, and notice of the Planning Commission and City Council public hearings were posted and published, as required. The Planning Commission held a public hearing on February 16, 2021 where they made a recommendation to adopt the code amendments before Council this evening. A draft copy of the Commission’s meeting minutes are attached to this memo. RECOMMENDATION: Adoption of the subject code amendments. ATTACHED: Summary of the Code Amendments Proposed Ordinance SEPA & Public Hearing Notice Draft Planning Commission Meeting Minutes CODE AMENDMENT SUMMARY BUILDING CODE (MVMC CHAPTER 15.04) 1. Update to version of the IBC adopted by State Law. 2. Removed requirement for building permits for the following activities. Put in place requirement to have an administrative site plan approval to make sure these types of improvements are not placed in critical areas, setback areas, etc. • Fences under 7 feet in height • Storage sheds 200 s.f. or smaller • Decks 30-inches or less above grade • Residential re-roofs • Window and door replacements with in-kind windows and doors 3. Expiration of Permits from 180-days to 2 years with the ability to extend an additional year. 4. Removal of code that is no longer applicable 5. Fees for Floodplain Development Permits – currently no fee is assessed: • $100.00 with no elevation certificate • $250.00 with elevation certificate • Fees assessed by the State Building Code Council (RCW 19.27.085) to automatically update • Hourly fee from $75.00 to $125.00 6. TCO from 30 days to 180 days FIRE CODE (MVMC CHAPTER 15.08) 1. Update to version of the IFC adopted by State Law. 2. Removal of code that is no longer applicable and corrections made to cite code cross-references correctly. For example: • Emergency responder radio coverage and emergency lighting/exit sign sections are being deleted because the 2018 IBC addresses these issues 3. Expiration of Permits from 180-days to 2 years with the ability to extend an additional year. 4. Type and format of fire permits corrected to match what is required in the City’s on-line permit system. 5. Clarified address number specifications • Fees for Fire Codes are being consolidated and made easier for Applicant’s to calculate and Hourly fee from $75.00 to $125.00 6. Addition of permit expirations for all permits into one location. PROCEDURES CODE (MVMC CHAPTER 14.05) 1. Adding Fire Permits and their associated submittals vs. relying on them being a type of Building Permit 2. Add administrative planning permit for site plans for permits now exempted by the Building code. 3. Extending the timeframe from 30-days to 90-days when additional time is needed by an Applicant for re-submittals. 4. Updating electronic signature requirements to match Federal and State laws 5. Submittal requirement tables updated to include Fire Permits and separated out into several tables vs. the current tables that are difficult to scroll through. SUBDIVISIONS (MVMC TITLE 16) 1. Removing expirations that are no longer applicable and referring to state law. FLOODPLAIN DEVELOPMENT (MVMC 15.36) 1. Adding requirements for outdoor machinery and equipment consistent with NFIP/FEMA regulations. OTHER FEES (MVMC 14.15) 1. Hourly staff time from $75.00 to $125.00 2. Charging $500.00 for Pre-Application meetings when a permit is submitted – no upfront payment.  AGENDA ITEM: D DATE: February 24, 2021 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: SETTING OF A PUBLIC HEARING DATE FOR A STREET VACATION RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution setting a public hearing date for a proposed street vacation. INTRODUCTION/BACKGROUND: The City wishes to set a public hearing date to consider the vacation of a portion of Kincaid Street (the attached Resolution and map identify the areas proposed to be vacated). FINDINGS/CONCLUSIONS: Chapter 35.79 of the Revised Code of Washington outlines the process for street right-of-way vacations. The Resolution before Council satisfies the first step in the street vacation process that requires setting a public hearing date. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution setting a hearing date on March 24, 2021. ATTACHED: • Proposed Resolution  RESOLUTION NO. A RESOLUTION OF THE CITY OF MOUNT VERNON, WASHINGTON SETTING A PUBLIC HEARING REGARDING THE VACATION OF A PORTION OF KINCAID STREET WHEREAS, a petition has been filed pursuant to RCW 35.79 requesting that the below mentioned property be vacated, and WHEREAS, the City Council has determined to hold a public hearing on said petition, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, AS FOLLOWS: That a public hearing be held on March 24, 2021 at 6:00 p.m., before the City Council of the City of Mount Vernon, at a regular meeting thereof, to decide whether or not to vacate the below described property: The North 5.00 feet of Kincaid Street right-of-way adjacent to the South line of Lot 10, Block 12, "Map of the Eastern Addition to Mt. Vernon, Skagit Co., Washington," as per plat recorded in Volume 2 of Plats, page 100, records of Skagit County, Washington, the Easterly limit being the Southerly extension of the East line of said Lot 10 and the Westerly limit being the Southerly extension of the West line of said Lot 10. Situate in the City of Mount Vernon, County of Skagit, State of Washington. Containing 500 sq ft City staff is directed to post notice of said public hearing in three public places in the City and post said Notice on the property to be vacated as required by RCW 35.79.020. SECTION FOUR. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. SECTION FIVE. Severability. If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. PASSED by the City Council of the City of Mount Vernon this 24th day of February, 2021; and signed in authentication of its passage this ______ day of ______________, 2021. Resolution No. ____  ______________________________ Jill Boudreau, Mayor Attest: ______________________________ Doug Volesky, Finance Director Approved as to form: _______________________________ Kevin Rogerson, City Attorney Resolution No. ____  EXHIBIT A MAP IDENTIFYING THE MAXIMUM EXTENT OF THE AREAS PROPOSED TO BE VACATED Resolution No. ____  AGENDA ITEM: E DATE: February 24, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: BRIDGE LOADING RATING – PROFESSIONAL SERVICES CONTRACT AMENDMENT RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with TranTech Engineering, LLC, for the remaining bridge load rating services to be provided in 2021, not to exceed a total contract amount of $31,438. INTRODUCTION/BACKGROUND: December 22, 2017, TranTech Engineering, LLC was hired by the City to perform a bridge loading rating analysis of Specialized Hauling Vehicles (SHV) in conformance with the requirements of the federal highway administration. The remaining bridges requiring load rating analysis are:  MV-5 Landmark Drive  MV-7 J off Beaver Pond Drive South  MV-8 Beaver Pond Drive South  MV-9 Beaver Pond Drive North B  MV-11 Beaver Pond Drive North A  MV-12 Laventure Road Culvert The City is responsible for 13 bridges that qualify under the federal bridge standards. The work will be completed this year to comply with the Federal deadline of December 2022. Work will be performed on a time and materials reimbursement contract. FINDINGS/CONCLUSIONS: The cost estimate and services to be provided by TranTech Engineering, LLC., are appropriate and necessary for this project. RECOMMENDATION: Authorize the Mayor to sign the Contract Amendment and to proceed with bridge load rating services for the City bridge inventory. ATTACHED: 1. Exhibit A-3 Scope of Work 2. Exhibit B-3 Fee  SCOPE OF WORK TRANTECH Engineering Bridge Load Rating Update – Group 2 City of Mount Vernon, WA SCOPE OF WORK EXHIBIT A-3 INTRODUCTION The City of Mount Vernon, Washington (City) has requested an engineering services contract with TranTech Engineering, LLC (TranTech) to perform a bridge load rating updates. As part of this contract, The City of Mount Vernon has requested a contract for the task necessary to meet FHWA load rating update requirements as specified in their memo titled “Load Rating of Specialized Hauling Vernicles (SHV)” dated November 15, 2013. The contract provides load rating services for one City Owned Group 2 bridges that require updating for SHV’s by December 30, 2021. TranTech will also provide Emergency Vehicles (EV) ratings per the FHWA Memo “Load Rating for the FAST Act’s Emergency Vehicles (EVs)” dated November. All work shall be in accordance with City, WSDOT, and FHWA guidelines and with the requirements of the National Bridge Inspection Standards (NBIS), where applicable. Throughout this work, there will be a close coordination between TranTech and the City. TranTech will manage the activities to ensure timeliness of required submittals. In the following, details of the identified tasks associated with this contract are described in further detail. City of Mount Vernon Bridge Load Rating Updates -- SCOPE OF WORK Page 1 TRANTECH ENGINEERING Task 1 – City of Mount Vernon Group 2 Load Rating Update One City owned bridge has been identified as needing load ratings updates by December 30, 2021. The following is the bridge inventory identifications for group 2 updates: MV-5 Landmark Drive (precast slab members) MV-7 J off Beaver Pond Dr. S. (metal culvert) MV-8 Beaver Pond Dr South (precast slab members) MV-9 Beaver Pond Dr North B (precast slab members) MV-11 Beaver Pond Dr North A (precast slab members) MV-12 Laventure Rd Culvert (3 sided box culvert) The services in this task include utilization of the existing load ratings, as-built plans, and inventory inspection data to perform Load Factor Rating (LFR) per current WSDOT and FHWA guidelines. All rating activates will include ratings for Specialized Hauling Vehicles (SHV) and for Emergency Vehicle (EV) as required by the FHWA’s Memorandum on Load Rating of Specialized Hauling Vehicles (SHV) dated November 15, 2013 and Emergency Vehicles (EV) per FHWA Memorandum dated November 3, 2016. The Load Rating Reports will consist of:  A Bridge Rating Summary Sheet reflecting the lowest rating factor, including superstructure components. The summary sheet shall be stamped and signed by a professional engineer licensed in the State of Washington.  A stamped explanation for the bridge file of any rating not performed such as for a culvert under more than eight feet of fill per the WSDOT Bridge Design Manual.  A brief report of any potential anomalies in the ratings and an explanation of the cause of any rating factor below 1.0.  Hard copy of computer output files used for rating, and any other calculations or special analysis required.  A complete set of plans for the bridge.  A CD which contains the final versions of all input and output files, and other calculations created in performing the load rating.  All reports shall be bound in Accopress-type binders. A paper copy of generated reports will be prepared and submitted to the City. Quality Assurance Program is an integral part of our work plan. It includes the following:  Competent and experienced personnel will perform all calculations. City of Mount Vernon Bridge Load Rating Updates -- SCOPE OF WORK Page 2 TRANTECH ENGINEERING   The load rating will be thoroughly reviewed and checked by experienced personnel prior to submittal. Should load posting become necessary, TranTech will advise the City on the best valid posting solution to cause the least impact to the traveling public. Deliverables  Signed hard copies of all load rating reports for each bridge will be submitted to the City on or before December 30, 2021. The electronic bridge record in the Washington State Bridge Inventory will also be updated on or before the date above. Assumptions  TranTech will work from the as-built plans and the inventory inspection report to provide the most accurate condition for the load rating calculations. Field visits will be performed with the approval of the City if questions cannot be resolved through consultation with City Bridge Inspectors or other City personnel.  Existing load rating analysis will be reviewed and utilized to the fullest extent possible.  Some existing load rating analysis may be of little or no use for the update process requiring a complete re-rating.  It is assumed that no substructure load rating will be performed. Should it be determined that this additional evaluation is necessary due to deterioration of the substructure elements, the City will be contacted for approve of the additional work. City of Mount Vernon Bridge Load Rating Updates -- SCOPE OF WORK Page 3 TRANTECH ENGINEERING Exhibit B-3 2021 City of Mount Vernon Bridge Load Ratings - Group 2 Updates Senior Project Senior Staff Admin Total Struc Eng. Manager Struc. Engr. Struc. Engr. 2 Asst. 2 QA/QC MV-5 Landmark Drive (precast slab members) 4 2 8 16 2 32 MV-7 J off Beaver Pond Dr. S. (metal culvert) 4 2 12 20 2 40 MV-8 Beaver Pond Dr South (precast slab members) 4 2 8 16 2 32 MV-9 Beaver Pond Dr North B (precast slab members) 4 2 8 16 2 32 MV-11 Beaver Pond Dr North A (precast slab members) 4 2 8 16 2 32 MV-12 Laventure Rd Culvert (3 sided box culvert) 4 2 8 16 2 32 Total Total Staff Hours 24 12 52 100 12 200 Direct Rates (DR) $76.50 $76.50 $65.00 $45.00 $38.00 Total Direct Salary Cost (DSC) $1,836.00 $918.00 $3,380.00 $4,500.00 $456.00 $11,090 OH at 148.87% of DSC $16,521 Fee at 30% of DSC $3,327 Total Labor Cost $30,938 Direct Costs Reproduction, FedEx, Per Diem $500 Total Task $31,438  AGENDA ITEM: F DATE: February 24, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, City Engineer SUBJECT: ACCEPTANCE OF PROPOSAL – TS-2021-007: 2021-2022 ON-CALL MATERIALS TESTING RECOMMENDED ACTION: Staff recommends a motion be made by Council accepting the proposal by Materials Testing & Consulting, Inc., of Burlington, Washington for TS-2021-007: 2021-2022 On-Call Materials Testing for an amount not to exceed $10,000.00 per calendar year. INTRODUCTION/BACKGROUND: The scope of work for the contract includes providing on-call materials sampling and testing services to the Public Works Department. The services provide quality assurance on earthwork and paving associated with street and sidewalk repairs and improvements. FINDINGS/CONCLUSIONS: Staff reviewed the submitted proposal and determined that the rates and services offered are acceptable. RECOMMENDATION: Staff recommends Council authorize the Mayor to enter into an agreement with Materials Testing & Consulting, Inc., of Burlington, Washington for TS-2021-007: 2021-2022 On-Call Materials Testing for an amount not to exceed $10,000.00 per calendar year. ATTACHED: Professional Services Agreement  2021-2020 ON-CALL MATERIALS TESTING PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on this day of ___________, 2021, by and between the CITY OF MOUNT VERNON, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Materials Testing and Consulting, Inc., a Washington Corporation, whose address is 777 Chrysler Dr., Burlington, WA 98233, hereinafter referred to as the "Contractor." WHEREAS, the City desires to engage the Contractor to provide Geotechnical testing and analysis services outlined in Exhibit “A & B” of this Agreement; and WHEREAS, Contractor represented, and by entering into this Agreement now represents, that it is fully qualified to perform the work to be performed hereunder in a competent and professional manner; NOW, THEREFORE, the parties herein do mutually agree as follows: Engagement of Contractor. The City hereby agrees to engage the Contractor, and the Contractor hereby agrees, to perform the work in a competent and professional manner and provide the services described in the attached "Exhibit A - Scope of Work". The Scope of Work so identified is hereafter referred to as “Work”. Without a written directive of an authorized representative of the City, the Contractor shall not perform any services that are in addition to, or beyond the scope of, the Work. If the Contractor’s proposal is attached as an exhibit, and if such proposal contains or incorporates any conditions or terms in addition to or different from the terms of this Agreement, then the Contractor expressly agrees that such conditions or terms are neither incorporated nor included into this Agreement between the City and Contractor. If, and to the extent, the Work includes the design of a public work or improvement, in whole or in part, Contractor’s design shall be reasonably accurate, adequate and suitable for its intended purpose. Intellectual Property Rights. Reports, drawings, plans, specifications and any other intangible property created in furtherance of the Work are property of the City for all purposes, whether the project for which they are made is executed or not, and may be used by the City for any purpose. Unless otherwise expressly agreed in writing, all intellectual property rights in such documents or intangible property created pursuant to this Agreement, or for the City of Mount Vernon, belong to the City of Mount Vernon. Contractor retains any intellectual property rights in documents and intangible property created by Contractor prior to engagement, or not created by Contractor for its performance of this Agreement. Time of Beginning and Completion of Performance. This Agreement shall commence as of the date of execution of this Agreement and shall be completed by December 31, 2022. 2021-2022 MATERIALS TESTING PAGE 1 OF 13 PROFESSIONAL SERVICES AGREEMENT Compensation. 1. The City shall pay the Contractor only for completed Work and for services actually rendered which are described herein. Such payment shall be full compensation for Work performed or services rendered, including, but not limited to, all labor, materials, supplies, equipment and incidentals necessary to complete the Work. 2. The Contractor shall be paid such amounts and in such manner as described in Exhibit B. 3. Contractor may receive payment as reimbursement for Reimbursable Expenses actually incurred. “Reimbursable Expenses” means those types and amounts of expenses either listed in Exhibit C or such expenses as are approved for reimbursement by the City in writing prior to the expense being incurred. If Exhibit C is either blank or not attached, expenses may not be reimbursed unless prior written approval was obtained from the City. An expense shall not be reimbursed if: (1) the expense is not identified in Exhibit C; (2) the expense exceeds the per item or cumulative limits for such expense if it is identified in Exhibit C; or (3) the expense was not approved in writing by an authorized City representative prior to the Contractor incurring the expense. If, and to the extent, overnight lodging in western Washington is authorized, Contractor is strongly encouraged to lodge within the corporate limits of City. When authorized, Contractor will be reimbursed 100% of lodging expense, if lodged within the corporate limits of the City, but Contractor will be reimbursed 50% of lodging expense when lodged outside the corporate limits of the City. If authorized, the City may (at its sole option) obtain or arrange air travel for the Contractor. 4. Total compensation, including all services and expenses, shall not exceed a maximum of Ten Thousand Dollars and 00 - Cents ($10,000.00). 5. If Contractor fails or refuses to correct its work when so directed by the City, the City may withhold from any payment otherwise due an amount that the City in good faith believes is equal to the cost to the City of correcting, re-procuring, or remedying any damage caused by Contractor’s conduct. Method of Payment. 1. To obtain payment, the Contractor shall (a) file its request for payment, accompanied by evidence satisfactory to the City justifying the request for payment; (b) submit a report of Work accomplished and hours of all tasks completed; (c) to the extent reimbursement of Reimbursable Expenses is sought, submit itemization of such expenses and, if requested by the City, copies of receipts and invoices; and (d) comply with all applicable provisions of this Agreement. Contractor shall be paid no more often than once every thirty days. 2. All requests for payment should be sent to: Darin Christen, P.E. City of Mount Vernon Public Works Department 1024 Cleveland Avenue Mount Vernon, WA 98273 mvengineering@mountvernonwa.gov – preferred method 2021-2022 MATERIALS TESTING PAGE 2 OF 13 PROFESSIONAL SERVICES AGREEMENT Submission of Reports and Other Documents The Contractor shall submit all reports and other documents as and when specified in Exhibit A. Said information shall be subject to review by the City, and if found to be unacceptable, Contractor shall correct and deliver to the City any deficient Work at Contractor’s expense with all practical dispatch. Contractor shall abide by the City’s determinations concerning acceptability of Work. Termination of Contract City reserves the right to terminate this Agreement at any time by sending written notice of termination to Contractor (“Notice”). The Notice shall specify a termination date (“Termination Date”) at least fourteen (14) days after the date the Notice is issued. The Notice shall be effective (“Notice Date”) upon the earlier of either actual receipt by Contractor (whether by fax, mail, delivery or other method reasonably calculated to be received by Contractor in a reasonably prompt manner) or three calendar days after issuance of the Notice. Upon the Notice Date, Contractor shall immediately commence to end the Work in a reasonable and orderly manner. Unless terminated for Contractor’s material breach, the Contractor shall be paid or reimbursed for: (a) all hours worked and Reimbursable Expenses incurred up to the Notice Date, less all payments previously made; and (b) those hours worked and Reimbursable Expenses incurred after the Notice Date, but prior to the Termination Date, that were reasonably necessary to terminate the Work in an orderly manner. The Notice shall be sent by the United States Mail to Contractor’s address provided herein, postage prepaid, certified or registered mail, return receipt requested, or by delivery. In addition, the Notice may also be sent by any other method reasonably believed to provide Contractor actual notice in a timely manner, such as fax. The City does not by this section waive, release or forego any legal remedy for any violation, breach or non-performance of any of the provision of this Agreement. At its sole option, City may deduct from the final payment due the Contractor (a) any damages, expenses or costs arising out of any such violations, breaches, or non-performance and (b) any other backcharges or credits. Changes The City may, from time to time, unilaterally change the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the scope of work (and resulting increase or decrease in compensation), shall: (a) be made only in writing and signed by an authorized City representative, (b) be explicitly identified as a Change Order and (c) become a part of this Agreement. Subletting/Assignment of Contracts Contractor shall not sublet or assign any of the Work without the express, prior written consent of the City. Indemnification Except as otherwise provided in this paragraph, the Contractor hereby agrees to defend and indemnify the City from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by Contractor (or its employees, agents, representatives, subcontractors/subconsultants) relating to this Agreement. The Contractor is obligated to defend and indemnify the City pursuant to this paragraph whether a Claim is asserted directly against the City, or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the City. The Contractor’s duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Contractor. The Contractor shall not indemnify the City for Claims caused solely by the negligence of the City. If (1) RCW 2021-2022 MATERIALS TESTING PAGE 3 OF 13 PROFESSIONAL SERVICES AGREEMENT 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage to property for which the Contractor is to indemnify the City is caused by or results from the concurrent negligence of (a) the Contractor, its employees, subcontractors/subconsultants or agents and (b) the City, then the Contractor’s duty to indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Contractor specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Contractor recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) “City” includes the City’s officers, employees, agents, and representatives and (2) “Claims” include, but is not limited to, any and all losses, claims, demands, expenses (including, but not limited to, attorney’s fees and litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, general damages, special damages, or punitive damages. If, and to the extent, Contractor employs or engages subconsultants or subcontractors, then Contractor shall ensure that each such subconsultant and subcontractor (and subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. Insurance 1. Contractor shall comply with the following conditions and procure and keep in force during the term of this Agreement, at Contractor’s own cost and expense, the following policies of insurance with companies authorized to do business in the State of Washington, which are rated at least “A” or better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are acceptable to the City. a. Workers’ Compensation Insurance as required by Washington law and Employer’s Liability Insurance with limits not less than $1,000,000 per occurrence. If the City authorizes sublet work, the Contractor shall require each subcontractor to provide Workers’ Compensation Insurance for its employees, unless the Contractor covers such employees. b. Commercial General Liability Insurance on an occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. c. Business Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle will be used in accomplishing this Agreement may be substituted for this insurance requirement. d. Professional Errors and Omissions Insurance in an amount not less than $1,000,000 per occurrence and $1,000,000 in the annual aggregate. Such coverage may be written on a claims made basis. If both parties agree that the Work does not warrant Contractor providing Professional Errors and Omissions Insurance, this paragraph may be stricken and initialed by both parties. 2021-2022 MATERIALS TESTING PAGE 4 OF 13 PROFESSIONAL SERVICES AGREEMENT 2. The above liability policies shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the required insurance during the term of this Agreement. 3. Upon written request by the City, the insurer or his/her agent will furnish, prior to or during any Work being performed, a copy of any policy cited above, certified to be a true and complete copy of the original. 4. Prior to the Contractor performing any Work, Contractor shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Contractor shall provide the City with either (1) a true copy of an endorsement naming the City of Mount Vernon, its officers, employees and agents as Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services provided under this Agreement and that such insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) a true copy of the blanket additional insured clause from the policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Contractor’s obligations to fulfill the requirements. 5. If the policy listed in paragraph 1.D. above, Professional Errors and Omissions Insurance, is on a claims made policy form, the retroactive date on the policy shall be the effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such policy shall be the same as the original policy provided. The extended reporting or discovery period on a claims made policy form shall not be less than 36 months following expiration of the policy. (This paragraph shall not apply if paragraph 1.D above is stricken.) 6. Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington that requires every employer to be insured against liability of Workers’ Compensation, or to undertake self-insurance in accordance with the provisions of that Title. Contractor shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the Work. Contractor shall provide the City with evidence of Workers’ Compensation Insurance (or evidence of qualified self- insurance) before any Work is commenced. 7. In case of the breach of any provision of this section, the City may, at its option and with no obligation to do so, provide and maintain at the expense of Contractor, such types of insurance in the name of the Contractor, and with such insurers, as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement or may demand Contractor to promptly reimburse the City for such cost. Independent Contractor 1. It is further agreed by and between the parties that because this Agreement shall not constitute nor create an employer-employee relationship, and since the Contractor is an independent contractor, Contractor shall be responsible for all obligations relating to federal income tax, self-employment FICA taxes and contributions, and all other so called 2021-2022 MATERIALS TESTING PAGE 5 OF 13 PROFESSIONAL SERVICES AGREEMENT  employer taxes and contributions, including, but not limited to, industrial insurance (Workmen's Compensation), and that the Contractor agrees to indemnify, defend and hold the City harmless from any claims, valid or otherwise, made to the City, because of these obligations. 2. Any and all employees of the Contractor, while engaged in the performance of any Work, shall be considered employees of only the Contractor and not employees of the City. The Contractor shall be solely liable for any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees or Contractor, while so engaged and for any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the Work 3. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and other legislation affecting its employees and the rules and regulations issued thereunder insofar as applicable to its employees and shall at all times save the City free, clear and harmless from all actions, claims, demands and expenses arising out of said act, and rules and regulations that are or may be promulgated in connection therewith. 4. Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises or payments required by any city, federal or state legislation which are now or may during the term of the Agreement be enacted as to all persons employed by the Contractor and as to all duties, activities and requirements by the Contractor in performance of the Work and Contractor shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations that are now or may be promulgated in connection therewith. Employment The Contractor warrants that he had not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Audits and Inspections At any time during normal business hours and as often as the City may deem necessary, the Contractor shall make available to the City for the City’s examination all of the Contractor’s records and documents with respect to all matters covered by this Agreement and, furthermore, the Contractor will permit the City to audit, examine and make copies, excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 2021-2022 MATERIALS TESTING PAGE 6 OF 13 PROFESSIONAL SERVICES AGREEMENT City of Mount Vernon Business License Contractor agrees to obtain a City of Mount Vernon business license prior to performing any work pursuant to this Agreement. State of Washington Requirements Contractor agrees to register and obtain any State of Washington business licenses, Department of Revenue account and/or unified business identifier number as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to this Agreement. Compliance with Federal, State and Local Laws Contractor shall comply with and obey all federal, state and local laws, regulations, and ordinances applicable to the operation of its business and to its performance of work hereunder. Compliance with Grant Terms and Conditions Contractor shall comply with any and all conditions, terms and requirements of any federal, state or other grant that wholly or partially funds Contractor’s work hereunder. Waiver Any waiver by the Contractor or the City or the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. Complete Agreement This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding, Agreement or negotiation whether oral or written not set forth herein. Modification of Agreement This Agreement may be modified as provided in the “Changes” section above, or by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and the Contractor. Severability If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. Notices 1. Notices to the City of Mount Vernon shall be sent to the following address: Darin Christen, PE City of Mount Vernon Public Works Department 1024 Cleveland Avenue Mount Vernon, WA 98273 Darinc@mountvernonwa.gov 2021-2022 MATERIALS TESTING PAGE 7 OF 13 PROFESSIONAL SERVICES AGREEMENT 2. Notices to the Contractor shall be sent to the following address: Materials Testing and Consulting, Inc. Attn: Curtis Shear, Owner 777 Chrysler Drive Burlington, WA 98233 Venue It is agreed that venue for any lawsuit arising out of this Agreement shall be Skagit County. IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date first above written. City of Mount Vernon Materials Testing and Consulting, Inc. By: Jill Boudreau By: Curtis Shear Title: Mayor Title: Owner Date: Date: Attest: Approved as to form: Doug Volesky, City Clerk Kevin Rogerson, City Attorney Attachments: Exhibits “A,” “B,” and “C” 2021-2022 MATERIALS TESTING PAGE 8 OF 13 PROFESSIONAL SERVICES AGREEMENT  Exhibit A Scope of Work 1. Work to Be Performed Provide materials sampling, testing, and analysis or any other services described in Exhibits A, B, and C, in accordance with project or other industry specifications as directed by the City on an on-call basis 2. Reports Provide timely written and detailed reports as required by the city to document testing and analysis performed by the contractor. 2021-2022 MATERIALS TESTING – EXHIBIT A PAGE 9 OF 13 PROFESSIONAL SERVICES AGREEMENT Exhibit A - 2021-2022 Master Fee Schedule EXHIBIT B - SERVICE FEES Client - City of Mount Vernon Project Location - Various TS-2021-007: 2021-2022 ON-CALL MATERIALS TESTING Rates for Services Prepared: 2/8/21 SPECIAL & CONSTRUCTION INSPECTION Item Description Unit Rate Soils Field Technician Soils & Asphalt Compaction (IPD-S, IPD-A) Hour $ 72.00 Reinforced Concrete, Prestressed Concrete, Shotcrete, Special Inspector I Structural Masonry, Spray Applied Fire Resistive Hour $ 75.00 Materials, Proprietary Anchors Structural Steel & Welding, High Strength Bolting, Lateral Wood and Cold Form Framing, AWS Certified Special Inspector II Hour $ 85.00 Welding Inspector, Fire-Resistant Penetrations and Joints Special Inspector III AWS-CWI Welding Inspector, Fiber Reinforced Hour $ 95.00 Anchor Bolt Pull Testing One Man Crew Hour $ 95.00 Ultrasonic Testing (UT), Magnetic Particle Testing ASNT Certified Non-Destructive Examination - NDT Hour $ 95.00 (MT), Dye Penetrant (PT) Bond Testing One Man Crew Hour $ 95.00 Coring Services Asphalt & Concrete Coring (call for size availability) Hour $ 120.00 F-Number assessment of flatness and levelness of Floor Flatness Hour $ 95.00 concrete slabs Reinforcing Steel & Tendon Location, Geotechnical & Ground Penetrating Radar - GPR Quoted Per Project Environmental Site Exploration, Utility Location Pachometer / Rebar Locate In situ reinforcement location Hour $ 90.00 Schmidt Hammer In situ concrete strength measurement Hour $ 90.00 LABORATORY TESTING Test Description ASTM AASHTO Unit Rate % Passing # 200 Sieve C117 T11 Each $ 65.00 Accelerated Weathering CRD C148 Each $ 375.00 Additional Tests Not Listed Quoted Per Project Air Dry Density of Concrete C567 Each $ 40.00 Asphalt Core Density Minimum 3 cores D2726 T166 Each $ 60.00 Asphalt Extraction with Gradation D6307 T308 Each $ 275.00 Asphalt Thickness Minimum 3 cores D3549 Each $ 35.00 Atterberg Limits (Plasticity Index) - 1 point D4318 T89, T90 Each $ 60.00 Atterberg Limits (Plasticity Index) - 3 points D4318 T89, T90 Each $ 150.00 California Bearing Ratio 3-point D1883 T193 Each $ 650.00 Clay Lumps and Friable Particles, Fine Aggregate C142 T112 Each $ 80.00 Concrete Compression Strength Test Sawed Section C42 T24 Each $ 65.00 Concrete Compression Test Cylinders - 4” x 8” C31, C39 T22, T23 Each $ 25.00 Concrete Compression Test Cylinders - 6” x 12” C31, C39 T22, T23 Each $ 30.00 Concrete Compression Test Cylinders - not cast by MTC C31, C39 T22, T23 Each $ 30.00 Concrete Core Compressive Strength Test (includes trimming and testing) Each $ 40.00 Concrete Core Thickness C174, C1542 Each $ 30.00 Concrete Flexural Beams C78 T97 Each $ 60.00 Concrete Shrinkage (minimum 3 samples) C596 Each $ 125.00 Core Compression Test C42 T24 Each $ 35.00 Durability Index / Degradation Value WSDOT T113 T210 Each $ 190.00 Fireproofing Cohesion / Adhesion Tests E736 Each $ 30.00 Fireproofing Density Test E605 Each $ 65.00 Flat/Elongated Particles D4791 Each $ 150.00 Fracture Percentage D5821 Each $ 65.00 Grout Compressive Strength Test C1019 Each $ 25.00 Grout Compressive Strength Test - 2x2 Cube C109 Each $ 25.00 Hydrometer Analysis with Sieve Analysis D422 T88 Each $ 175.00 LA Abrasion C131, C535 T96 Each $ 250.00 Marshall Stability & Flow, 3 specimens D6926, D6927 T245 Each $ 400.00 Masonry Prism Compression Test C1314 Each $ 100.00 Masonry Unit Absorption, Unit Weight & Moisture Content C140 Each $ 65.00 Masonry Unit Compression Test C140 Each $ 65.00 Burlington | Olympia | Bellingham | Silverdale | Tukwila 360.755.1990 www.mtc-inc.net 1 of 3 Exhibit A - 2021-2022 Master Fee Schedule EXHIBIT B - SERVICE FEES Client - City of Mount Vernon Project Location - Various TS-2021-007: 2021-2022 ON-CALL MATERIALS TESTING Rates for Services Prepared: 2/8/21 Mix Design Marshall Method, 3 trials & specimens D6926, D6927 T245 Each $ 1,500.00 Moisture Density Relationship/Proctor with Sieve D698, D1557 T99, T180 Each $ 295.00 Moisture Density Relationship/Proctor with Sieve - Cement Treated Base D698, D1558 T99, T181 Each $ 350.00 Moisture Density Relationship/Proctor without Sieve D698, D1557 T99, T180 Each $ 250.00 Moisture Emission Test Kit - Installation & Retrieval Labor Not Included F1869 Each $ 30.00 Mortar Compressive Strength C780 Each $ 25.00 Natural Moisture Content D2216 Each $ 30.00 Organic Content, Loss by Ignition D2974 Each $ 95.00 Organic Impurities C40 T21 Each $ 60.00 Particle Size Distribution - Sieve / Pipette PSEP Each $ 130.00 Relative Humidity Test Probe Sleeves F2170 Each $ 2.50 Rice Density D2041 T209 Each $ 95.00 Sand Cone Density Test D1556 T191 Each $ 35.00 Sand Equivalent D2419 T176 Each $ 95.00 Scaling Resistance of Concrete C672 Per Set of 2 $ 1,500.00 Set Times, Initial and Final C403 Each $ 200.00 Shotcrete Compression Test (1-Panel includes 4-Cores) C1604 Each $ 150.00 Shotcrete Cores - Additional C1604 Each $ 75.00 Sieve Analysis – Dry Only/Gradation C136 T27 Each $ 95.00 Sieve Analysis with #200 Wash/Combined Gradation C136, C117 T88 Each $ 130.00 Soils-Cement Mix Design Quoted Per Project Soundness of Aggregates by Magnesium or Sodium Sulfate C88 T104 Each $ 325.00 Specific Gravity and Absorption of Coarse Aggregate C127 T85 Each $ 100.00 Specific Gravity and Absorption of Fine Aggregate C128 T84 Each $ 125.00 Specific Gravity of Soils D854 T100 Each $ 105.00 Superpave Test Set - Includes Volumetric Properties, Extraction / Gradation, Rice WSDOT 731 Each $ 600.00 Trial Batch - 6 Cylinders C192 Quoted Per Project Trimming Cores/Cylinders Each $ 15.00 Uncompacted Void Content C1252 T304 Each $ 150.00 Unit Weight & Voids in Aggregate C29 T19 Each $ 75.00 Unit Weight and Yield C138 T121 Each $ 50.00 Visual Classification D2487 Each $ 100.00 Voids and Density of Hardened Concrete C642 Each $ 100.00 LABORATORY TESTING - Advanced / Secondary Geotechnical Testing Aggregate Freeze-Thaw Durability D5312 Each $ 1,500.00 Aggregate Wet-Dry Durability D5313 Each $ 1,500.00 Bulk Density (Wet / Dry) - Soils - Remolded D7263, EPA9100, E1109 Each $ 55.00 Centrifugation, up to 1 L - Quote needed for >1 L USACE Each $ 110.00 Column Settling Test USACE Quoted Per Project Consolidation, Primary D2435 Each $ 500.00 Consolidation, Secondary D2436 Each $ 750.00 Direct Shear, 3 points D3080 Each $ 400.00 Particle Size Distribution, by Laser Diffraction TAPE 2008, 2011 Each $ 110.00 Particle Size Distribution, by Laser Diffraction Only Each $ 100.00 Permeability: Falling Head WSDOT 605 Each $ 275.00 Permeability: Flexible Wall (triaxial) D5084 Each $ 450.00 Permeability: Rigid Wall D2434 Each $ 325.00 Total Porosity - Includes Bulk Density & Specific Gravity of Soils EM-1110-2-1906 Each $ 165.00 Salt Correction for PSEP Each $ 15.00 Sedigraph USACOE Each $ 125.00 Sediment Concentration in Water D3977 Each $ 65.00 Sediment Pore Water Extraction, Anaerobic USACOE Each $ 150.00 Settleable Solids SM2540F Each $ 40.00 Shelby Tube Extrusion w/ Description Each $ 60.00 Soil pH D4972 Each $ 45.00 Soil Resistivity G187 Each $ 85.00 Specific Gravity of Liquids D1298, D891 Each $ 45.00 Burlington | Olympia | Bellingham | Silverdale | Tukwila 360.755.1990 www.mtc-inc.net 2 of 3 Exhibit A - 2021-2022 Master Fee Schedule EXHIBIT B - SERVICE FEES Client - City of Mount Vernon Project Location - Various TS-2021-007: 2021-2022 ON-CALL MATERIALS TESTING Rates for Services Prepared: 2/8/21 Total Suspended Solids SM2540D Each $ 65.00 Triaxial Shear - QU - Unconfined Compressive Strength D2166 Each $ 120.00 Triaxial Shear Testing - UU - Unconsolidated, Undrained D2850 Each $ 200.00 Triaxial Shear Testing - CU - Consolidated, Undrained D4767 Each $ 1,500.00 Triaxial Shear Testing - CD - Consolidated, Drained D7181 Each $ 1,500.00 Turbidity SM 2130 B Each $ 65.00 Unit Weight of Soils - Ring D2937 Each $ 55.00 Youngs Modulus of Elasticity Each $ 120.00 GEOTECHNICAL ENGINEERING & ENVIRONMENTAL CONSULTING Item Description Unit Rate CESCL- Field Services Site Turbidity and/or pH Monitoring Hour $ 70.00 CESCL - Program Manager Reporting, Consulting & Program Management Hour $ 90.00 Dynamic Cone Penetrometer Team Two (2) person crew Hour $ 140.00 Dynamic Cone Penetrometer Equipment - Drive Points Each $ 15.00 Engineering Geologist WA State Licensed Engineering Geologist Hour $ 125.00 Environmental Consulting Data Analysis, Review, Report Production Hour $ 95.00 Environmental Field Services Observation/Reconnaissance, Sampling, Document Hour $ 80.00 Field/Staff Geologist DCP Testing, Exploration Assistance Hour $ 75.00 In-Field Infiltration P.I.T., Pilot Infiltration Tests Hour $ 85.00 Auger Cast Piles, Driven Piles, Helical Piles, Pin Piles, Piling Services Hour $ 90.00 Sheet Piles Professional Engineer WA State Licensed Engineer Hour $ 150.00 Project/Exploration Geologist Geologic Observation, Logging of Explorations Hour $ 80.00 Pile driving, construction equipment vibration, structure Seismographs - Vibration Monitoring protection, etc. Daily, weekly, and monthly rates Quoted Per Project available Senior Geologist/Engineer Geotechnical Consultation, Report Production Hour $ 95.00 Vibration Monitoring Advising, Data Evaluation, Reporting Hour $ 95.00 Vibration Monitoring w/ Seismographs Setup & Data Collection Hour $ 80.00 PROJECT MANAGEMENT & CONSULTING SERVICES Item Description Unit Rate Construction Manager / CQM NAVFAC Construction Quality Manager, Resident Hour $ 90.00 Project Manager Meetings, Report Review, Final Letter Hour $ 90.00 Technical Director Forensic & Diagnostic Investigation, Expert Witness Hour $ 120.00 MILEAGE & MISCELLANEOUS Item Description Unit Rate Third Party Rentals and/or Services Cost + 15% Mileage Portal to Portal from nearest MTC location Mile No Charge Core Bit Wear Charge Equipment charge Inch $ 3.50 • All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and sequencing. The estimate is not a guaranteed price. A four hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays. • Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions. • Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one-and-one- half (1½%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys’ fees, and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. • In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. Burlington | Olympia | Bellingham | Silverdale | Tukwila 360.755.1990 www.mtc-inc.net 3 of 3  Exhibit C Reimbursable Expenses (None unless subsequently authorized in writing) 2021-2022 MATERIALS TESTING – EXHIBIT C PAGE 13 OF 13 PROFESSIONAL SERVICES AGREEMENT