HomeMy WebLinkAboutIII (B) Approval of Proposal for Bidding and Construction Phase Services for the Old Winter Garden Road Project with Professional Engineering Consultants, Inc. and Authorization for Mayor and City Clerk to Execute Addendum No. 03-01 Agenda 3-04-2003
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S. SCULL b mdmgrift Danny ()well Ih ic(l I
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DATE: February 26, 2003
TO: The Honorable Mayor and Board of City Commissioners
FROM: David A. Wheeler, P.E., Director of Public Works 2n1
SUBJECT: Proposal for Bidding and Construction Phase Services
For the Old Winter Garden Road Project
With Professional Engineering Consultants, Inc.
Attached for your review is Addendum No. 03-01 to the Agreement for Consulting
Engineering Services between the City of Ocoee and Professional Engineering
Consultants, Inc. (PEC) for bidding and construction phase services for the Old Winter
Garden Road Project.
The proposed Addendum is comprised of three main components:
1. Bidding phase services consist of the preparation and distribution of bid sets of
drawings and specifications including all addenda, review of submitted bids, and
preparation of conformed copies of bid documents after award of the contract.
2. Construction phase project management, shop drawing review and approval,
contract management services and inspection management services.
3. Geotechnical and materials inspection and testing. This work is to be performed
by a geotechnical subconsulting firm.
As on the Maguire Road project, staff has continued the arrangement with PEC that will
allow the City to use one of its inspectors as the on-site inspector. This will provide us
with a greater degree of contact with the field staff on a daily basis, and will enable us
to identify potential problems earlier. The inspector will work closely with PEC's
professional construction manager who will ensure that all procedural and
documentation issues are properly addressed throughout the project duration.
Ciij of Ococe• I i0 N I akcshore Ddve • Ocoee. I'!m'ide 3d761
phone-(107)905-;100 • In (407)656-45(W • 'Ann.ci ocoiC Il LIs
The services to be provided directly by PEC are summarized as:
1. Conduct pre-construction meeting to outline construction schedule, coordinate
construction events and establish lines of communication between contractor,
City and design consultant. PEC will prepare and distribute a booklet with all of
the forms to be utilized during the construction phase to enhance
coordination/communication between the contractor, City and PEC during the
construction phase;
2. Administer and coordinate weekly progress meetings (estimated at 100 weekly
meetings);
3. Provide site visits and inspections with City inspector;
4. Review, approve and catalog all shop drawings, product date and equipment
manuals;
5. Review and approve maintenance of traffic plans provided by contractor;
6. Review field questions of contractor and provide interpretation of contract
documents;
7. Review and recommend contractor's request for payment, change orders,
contract modifications;
8. Provide substantial completion inspection; and
9. Certify completion of the project and compliance with all regulatory permits.
The proposed fee for this work, inclusive of subconsultant fees, is $ 431,472.00. In
light of the issues on the Maguire road project, staff believes that this plan of action
and the proposed fee are well worth the effort and continued working relationship.
I recommend that the City Commission authorize the mayor and City Clerk to execute
Addendum No. 03-01 in the amount of $431,472.00 in accordance with PEC's proposal
dated February 27, 2003.
DAW/jbw
Attachment
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PROFESSIONAL ENGINEERING CONSULTANTS, INC.
O EC [ oV [ Th
February 27, 2003 ' 14
FEB 2 7 2003 G` 3 /2-2.1
Mr. David A.Wheeler,P.E. J�
Director of Public Works
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
RE: Bidding Phase and Construction Phase Services-Professional Parkway/Old Winter Garden
Road(Addendum 03-01)
Dear Mr. Wheeler:
Professional Engineering Consultants, Inc. (PEC) is pleased to present the enclosed proposal for
professional bidding phase and construction phase services concerning the widening of Old Winter
Garden Road (from Hemple to S. R. 50) and Professional Parkway.
PEC proposes to provide the bidding and construction phase services for a total amount not to
exceed $431,472. It is noted that the City's agreement with Orange County will result in Orange
County paying for approximately 75% of the engineering service costs for these bidding and
construction phase services.
As a component of the construction administration services, we have included suhconsultant fees
for PSI, Inc. (materials testing services). PEC will provide project management, shop drawing
review/approval, contract administration and construction inspection management services. The
on-site resident project representative full-time, on-site inspector) will be provided by the City
(Rod Winfrey) and will be supervised by PEC's Project Manager(Bob Rudd,P.E.)similar to the
existing construction management services currently underway on Maguire Road south of S. R.
50. This proposed combination of City staff and consultant will achieve substantial economies for
the City and provide professional inspection services.
The assumed contract period for construction of this project is 660 calendar days (22 months).
If I can answer any questions, please contact me at 407-422-8062.
Sincerely,
ONAL EE G ONSULTANTS, INC.
el ey, P. .
Principal
cc: Robert Rudd, P.E.
Fursan Munjed, P.E.
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ADDENDUM NO. 03-01 TO
AGREEMENT FOR CONSULTING ENGINEERING SERVICES
INCLUDING
ENGINEERING SERVICES FOR
CITY OF OCOEE
PROFESSIONAL PARKWAY/OLD WINTER GARDEN ROAD
BIDDING PHASE/CONSTRUCTION ADMINISTRATION SERVICES
This Addendum No. 03-01 hereinafter called the Addendum, as of this day of
2003, shall constitute an Addendum to the Agreement for Consulting Engineering
Services between the City of Ocoee, Florida (the CITY) and Professional Engineering
Consultants, Inc., 200 East Robinson Street, Suite 1560, Lake Eola Centre, Orlando, Florida(the
CONSULTANT), dated the 21st day of August, 1984, hereinafter referred to as the
AGREEMENT.
WHEREAS, the CITY and CONSULTANT entered into an AGREEMENT whereby the CITY
retained the CONSULTANT to provide professional engineering services as required from time
to time, and WHEREAS the CONSULTANT will perform consulting engineering services for the
CITY as herein defined.
NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth
on the part of both parties to be kept and performed, the parties do mutually agree as follows:
Section 1 - Services of the Consultant
1.1 The CONSULTANT shall perform the Engineering Services as outlined in the attached
proposal (P-2214) dated February 27, 2003 relative to the provision of bidding phase
services and construction administration services to the CITY.
Section 2 - Compensation
2.1 Compensation by CITY for engineering services for Professional Parkway/Old Winter
Garden Road Bidding Phase and Construction Administration Services is provided under
this Addendum shall be computed under Paragraph 6.1.2.3 of the Agreement, utilizing the
Lump Sum Method of Compensation with the compensation for this authorization not-to-
exceed $431,472.00 as outlined in the attached proposal (P-2214) and manhour fee.
Section 3 - Time of Completion
3.1 The CONSULTANT shall provide the bidding phase services and the construction
administration services within a 3-year period from the notice to proceed.
IN WITNESS WHEREOF, the parties have executed this Addendum No. 03-01 the day the year
hereinabove set forth.
By:
ATTEST: Tom Kelley, P.E., Prin 'pal
Date: °" 3
BOARD OF CITY COMMISSIONERS
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor Date
Attest:
Jean Grafton, City Clerk
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, APPROVED AS TO COMMISSION IN A MEETING HELD ON
FORM AND LEGALITY THIS DAY , 2003 UNDER
OF , 2003. AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
09de,KY'HIGHWAYIPEC\OCOEEUddrndum\03-01AnNLL wpd 2
Proposal No.:P-2214
Date: February 27,2003
ATTACHMENT A
MAN-HOUR ESTIMATES FOR
CITY OF OCOEE, PROFESSIONAL PARKWAY AND OLD WINTER GARDEN ROAD IMPROVEMENTS
BIDDING PHASE SERVICES
Task Task Description Principal Project Manager Comtnsctlon Project Engineer CADD Clerical Total
Pbi. Manager Technician
-
I. Produce Final Bid Documents(Plans and Manual) - 40 60 40 IC 120 270
2. Assist with JPA Contract with respect to utility work - 32 32 - - 24 88
by others.
3. Utility Coordination Documentation and,Meetings - 38 38 - - 24 100
4 Distribute bid documents(bid plans and bid - 2 0 0 0 40 42
specifications)to Contractors and Suppliers.
Contractor/Supplier cost of plans to be retained by
PEC.
5. Provide plan and specification clarification. Prepare 5 2 5 5 10 27
and distribute one(2)addenda(if needed).
h Conduct/attend pre-bid meeting Prepare agenda for, 5 5 5 0 2 17
preside over and prepare and distribute minutes of
precottstrnnion oonletence.
—
7. Attend lid Opening and callaa a copy of cacti bid - 5 0 0 0 0 5
sub6mttd.
8. Review bids and prepare a detailed bid tabulation. - 10 7 0 0 10 22
9. Provide to Owner a written Recommendation of - 2 I I 0 2 6
Award.
10. Mier oRical award of the contract by the Owner, - 5 2 5 10 10 32
prepare Conformed Documents(Construction Plaits
and Construction Specifications)and transmit to
Contractor for use.
Totals 144 142 56 25 242 609
Proposal No.: P-2214
Date: February 27,2003
ATTACHMENT B
MAN-HOUR ESTIMATES FOR
CITY OF OCOEE,PROFESSIONAL PARKWAY AND OLD WINTER GARDEN ROAD IMPROVEMENTS
CONSTRUCTION ADMINISTRATION(CA)SERVICES
Task Task Description - Principal Project Manager Construction Project Engineer CADD Clerical Total
No Manager Technician
(660 calendar day contract time,22 months)
I. Schedule and administer project Pre-Construction - 5 8 5 2 4 24
Conference. Prepare agenda for,preside over and
prepare and distribute minutes of Pre-Construction
Conference. Note,utility coordination meeting to be
included as part of overall Pre Constmction
Conference
2. Schedule and administer periodic progress and other - 96 420 96 - 210 822
called meetings throughout progress of work Progress
meetings will be held weekly. Number of progress
meetings estimated at Nulty-five(95)with an average
duration of four(4)ham. Number of other meetings
estimated al len(10)with an average duration of four
(4)hours. Preside over and prepare and distribute
meeting minutes of periodic progress and other called
meetings. Note,continuing utility coordination
meetings are considered as part of overall project
periodic progress meetings.
3. Make visits to the site at intervals appropriate to the - 88 380 88 0 95 651
serious stages of construction in order to observe the
progress and quality of Contractors executed Work.
One(I)visit per week with an average visit duration of
approximately four(4)hours. Provide construction
observation report for each visit.
4. Review and approve Shop Drawings,Product Data and - 60 12 120 0 60 252
Samples and Equipment O&it's.
5. Review and recommend Contractor's initial and - 32 128 0 0 64 224
monthly updated'revised construction progress
schedule(s)
6. Schedule and administer constmaion schedule - 0 64 0 0 20 84
coordination meetings with Owner,Contractor and
affected utilities. Number of construction schedule
coordination meetings estimated at sixteen(16)with an
average duration of four(4)hours.Preside over and
prepare and distribute meeting minutes of schedule
coordination meeting.
'task Task Description I rincipid Project 1lanager Construction Project Engineer (ADD Clerical:.. dotal
No, Manager Technician
Proposal No,: P-2214
Date: February 27.2003
7. Review field questions andor problems and provided - 10 10 25 0 12 57
interpretation of Contract Documents. Issue written
clarifications or interpretations of Contract Documents
as necessary. Number of REIN estimated at twenty-
five(25).
8. Review and provide comments/recommendations •
0 48 0 0 16 64
concerning results of materials tests and observations
performed by project Quality Control Consultant
9. Review,re onunend and assist in negotiations of - 10 160 10 20 80 280
Contract Modifications.
10. Review and recommend Contractor's Monthly - 0 66 0 0 44 110
Application for Payment. Number of Monthly
Applications for Payment estimated at twenty-two(22).
I I. Observe project Start-up,Demonstration and Testing. - 8 8 8 0 S 32
12. Review and recommend Contractor provided MOT - 40 120 0 0 8 168
Plan and Erosion Control Plan
13. Provide Claim evaluation/negotiation assistance. •
50 150 0 0 50 250
14. Upon written request by Contractor,conduct an • 8 8 8 0 2 26
inspection to deem-line if Work is Substantially
Complete and prepare and distribute a Punch List of
items to be addressed. Upon written request by
Contractor.conduct a re-inspection to confirm that
Substantial Completion Punch List items have been
addressed. Provide written reronmtendation with
respect to Project Substantial completion acceptance.
IS. Upon written request by Contractor,conduct an - 8 8 8 0 2 26
inspection to determine if Work is finally complete and
prepare and distribute a Punch List of items to be
addressed. Upon wnnen request by Contractor,
conduct a re-inspection to confirm that Final
Completion Punch List items have been addressed.
Provide writen recommendation with respect to project
Final Completion acceptance.
'fask - Task Deeltlption -Principal Project Manager. Construction Project Engineer CARD Clerical Total -
No. Manner Technician
Proposal No.: P-2214
Date: February 27,2003
16. Review final Application for Payment and - 0 6 0 0 4 10
accompanying documentation to determine compliance
with Contract Documents. Prepare final Contract
Modification.if required reflecting approved
adjustments to Contract quantities and time not
previously made by other Contract Modifications.
Provide written recommendation with respect to project
lint Application for Payment acceptance.
17. Provide mylar reproducible set of record drawings - 4 16 - 24 2 46
hosed upon field data provided by the Contractor,
Subcontractor(s),RPR,Subconsultant(s)and upon
information obtained directly during parodic site visits.
18. Assist in permit(s)clearance and certify completion of - 4 16 8 8 8 44
conswnion on prescribed jurisdictional agency(ies)
form(s).
19. Manufacture and provide to Owner and certify to - 0 0 0 0 0 0
jurisdictional agency(ies)08CM reflecting overall
system(s)construction and/or improvements.
20. Provide Monthly Project Status Report to Owner 0 40 0 2 40 82
detailing PEC analysis of CoConstriction Sctedues
Work performed,contract modifications,action items,
etc. Provide Final Construction Report to Owner
detailing work performed,Contract Modifications,etc.
Totals - 423 1668 376 56 729 3252
Proposal No.: P-2214
Date: February 27,2003
ATTACHMENT C
MAN-HOUR ESTIMATES FOR
CITY OF OCOEE,PROFESSIONAL PARKWAY AND OLD WINTER GARDEN ROAD IMPROVEMENTS
CONSTRUCTION INSPECTION (CI) SERVICES
Task Task Description -sRPR Bridge Inspector Roadway inspector UtWtylnspector .Clinical Told
1. Note,City to provide fall time 0 0 0 0 0 0
Inspection services for this project.
Provide Resident Project Representative
(RPR)Services and Construction
Inspection Services as follows:
PEC will endeavor to provide further
protection for the Owner against defects
and dAciaicies in the Work oft he
Contractor through more extensive on-site
obur/anions of the Work in progress and
final checks of materials and equipment by
providing the services ofa RPR.
The RPR will be assigned full-time to the
inspection oldie construction activities and
will nbscrw We N'ork in prograu.
'I'hc Duties.ResponsibilitieA and
Limitations of Authority of the RPR will be
as described in Anacbment-.
Roadway Constriction Observation will he
as described in Attachment-.
2. Owner Resident Project Representative 0 0 0 0 0 0
(RPR)to attend project Pre Construction
meeting.
Totals 0 11 0 0 0 0
Proposal No.: P-2214
Date: February 27,2003
ATTACHMENT D
COST ESTIMATES FOR
CITY OF OCOEE,PROFESSIONAL PARKWAY AND OLD WINTER GARDEN ROAD IMPROVEMENTS
BIDDING AND CONSTRUCTION ADMINISTRATION (CA)AND CONSTRUCTION INSPECTION(CI)SERVICES
CONSTRUCTION ADMINISTRATION RATE BIDDING PINS': CONST.PHASE TOTAL HOURS RAW COST LABOR COST
LABOR CLASS(Out MUG 2.95) SVCS SVCS
FYmcipal -
Project Manager SO00 144 423 567 520,41E $60.215
Cocstntum Manager S360O 142 1668 1810 $65,160 S192.222
Project Engineer $3200 56 376 432 613.824 $4,781
CADOTechmenn $21.50 25 56 Al $1,742 S5,137
Clerical 615 W 242 729 971 S14.565 $42,967
SUBTOTAL LABOR HOURS 609 3252 3861
SUBTOTAL PAW LABOR DOI1 425 $115,703
SUBTOTAL TOTAL LABOR DOLLARS $341,322
CONSTRUCTION INSPECTION RATE BIDomNG PHASE CONSI PHASE TOTAL HOURS RAW COST LABOR COST
MBORCIASs(DIR Mt142.00) SVCS, SVCS
RPR(Resident Point Repre,cnLlive) - - - .
Bridge Inspector
Roadway Inspector - - • -
UtilityInspector • - • - -
Ctcncal - - - - - -
SUBTOTAL LABOR HOURS • - -
SUBTOTAL RAW LABOR DOLLARS -
SUBTOTAL TOTAL LABOR DOLLARS
OTHER DIRECT COSTS(ODC)DETAIL
EXTERNAL ASSOCIATE
PSI,Inc (Matenals Testing and Inspection) S80,000 580,000
SUBTOTAL EA DOLLARS $8000 680,000
OTHER DIRECT COSTS
Computer Support Software and Equipment - $3,000 S3,0(0
ReproductioMiinting 5 00 $2,000 52500
Telephone(Mobile) PW $2,250 $1450
Mileage 53011 S2,000 $1200
SUBTOTAL ODC COSTS 5900 S9250 610,160
TOTAL LABOR COST AND OTHER DIRECT COSTS
TOTAL COSTS I S431A72.
Proposal No.: P-2214
Dale: February 27,2003
PROPOSAL CONDITIONS
PEC shall provide Project Quality Control Consultant services by this proposal.
This Construction Administration/Construction Observation services proposal is based on a notto-exceed 660 calendar day construction penod with PEC office stafpersonnel normal 40 hour workweeks and on-site personal normal 40 hour work
weeks PEC office ataff waking hours are from 8 W AM to 5:00 PM Monday through Friday.
Thc Goiter shall provide additional compensation for construction phase services preformed by PF,C in connection with cones time extension beyond the stated not-toe-eed 660 calendar dry mtwucuon penod Said additional services shall be
reimbursed by the Omer to PEC on an hourly basis for time worked at the given rates as provided in this proposal and/or by any future amendments and/or modifications thereto
PEC shall not provide construction related stweying services by this proposal. Contractor shall be required to perform referenced construction related surveying service.
The Owner shall provide additional compensation for constitution phase services preformed by PEC in connection with additional[Truer requested services either beyond that estimated by this proposal or not addressed within the scope of this proposal.
Said additional services shall bcreimbursd by the Owner to PEC on an hourly basis for time waked at the given rates as provided in this proposal and/or by any future amendments and/or mWfiations thereto
This proposal provides for very limited PEC review of Contractor Proposed Changes and or Contractor Value Ehgm¢nng Proposals. However,as it is not possible to forecast time required to perform such reviews or the member ofpossible proposals
that may submitted,cost of such review should be covered by the Contractor. PEC recommends that Owners Specifics.ions address reimbusement cost for Engineers review ofContranor Proposed Changes and or Convector Value Engineering
Propels by the Contractor as pan of such proposals.
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��n'o�' i Information
LP'01 .To Build On
Ynglneering • Consulting • Testing
August 28, 2002
Mr. Robert Rudd
PEC
200 East Robinson Street
Suite 1560
Orlando, FL 32801
407-422-8062 phone
407-849-9402 fax
RE: Estimated Scope of Services and Budgetary Cost for Soils and Construction
Materials Testing and Inspection Services
Professional Parkway
Ocoee, FL
PSI Proposal No. PO-761-30061
Dear Mr. Rudd:
As requested, PSI is pleased to present the following proposal for providing soils and
construction materials testing and inspection services for the Professional Parkway
project in Ocoee, Florida.
We have developed this estimate based on a review of the documents currently
available, discussions with PEC and our similar experience with previous projects for
the City of Ocoee. We propose to provide these services at the exact same unit rates
used for the Maguire Road project. We have attached a copy of these rates to the
proposal. Based on the information available and anticipated construction schedule.
We estimate the total cost of these services to be $80,000.00.
We propose to perform the proposed testing and inspection services in strict
accordance with the project's plans and specifications. Our onsite and laboratory staff
is fully qualified to provide the requested services. It is our plan to again make Mike
Ross available for the field technician services for this project. Mike's experience and
relationship with PEC and the City of Ocoee can only be seen as and asset for the
project.
Attached for your review is an outline of the services that we estimate will be required
for this project along with our proposed unit rates. Be aware that this document is only
an estimate. PSI would be pleased to provide pricing for any testing requested that was
not included in this scope of services. PSI will conduct services as authorized by your
or your representative, however, any testing requested outside of this scope may result
in additional charges.
Professional Service Industfles,Inc.•1748 33rd Sneer•Orlando.FL 32839•Phone 4O7i304-5550•Fax4071304.5561
_
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PSI proposes to provide experienced technical personnel to perform the necessary
testing and inspection services in accordance with project plans and specifications. We
will accomplish the work on a unit price basis in accordance with the attached Schedule
of Services and Fees and the work be performed pursuant to the PSI General
Conditions. Copies of PSI Schedule of Services and Fees and General Conditions are
enclosed herewith and incorporated into this proposal. PSI's fees would only be
determined by the actual amount of technical time expended for this project and the
amount of laboratory testing performed.
Our laboratory and personnel fully comply with the standards of ASTM, AASHTO, AISC,
AWS and FDOT. The laboratory has been inspected and approved by the FDOT,
AASHTO, CCRL, and the Army Corps of Engineers. PSI also maintains a CMEC
certified laboratory and certified experienced field personnel.
We will proceed with work on the basis of verbal authorization; however, please sign
and return one (1) copy of this proposal intact to serve as a contract between our
companies and acceptance of the attached unit rates. When returning the proposal,
please complete the attached project data sheet so that your file can be properly
established,
Should you have any questions or request and additional information, please do not
hesitate to call.
Sincerely,
Professional Service Industries, Inc.
'Zge#C-\
Jeffrey H.M. Begovich, P.E.
Vice President
Florida Registration No. 51869
Attachments:Schedule of Services and Fees
Project Data Sheet
General Conditions
PROPOSAL AUTHORIZED ON THIS DAY OF , 2002
AUTHORIZED SIGNATURE:
PRINT NAME AND TITLE:
COMPANY NAME:
Zvi
s0 'A £2:0T £00L K glad T9SSC0cLOG:xed ISd
ESTIMATED SCOPE OF SERVICES AND BUDGETARY
PROFESSIONAL PARKWAY -OCOEE, FL
PSI PROPOSAL NO. PD-761.30061
Fill Soil and Embankment
Optimum Moisture/Density Relationship (Proctor Tests) (1 per material Type) $ 50.00/test
Grain Size Analysis (as needed) $ 30.00/test
Stabilized Subgrade Soil
Limerock Bearing Ratio (LBR: FM5-515)
(1 test per 300 If— Orange County spec.) (4 tests per mile — FDOT spec ) $165.00/test
Limerock Base Course
Optimum Moisture/Density Relationship (proctor) $ 50.00/test
Soil Cement Base Course
Compressive Strength of Molded Specimens $ 30.00/set
Asphaltic Concrete Pavement
Laboratory Extraction, Gradation, Marshall Stability Analysis
Estimate 1 set per 500 tons $135.00/set
Cast-In-Place Concrete
Estimate 1 set per day (28, 28, H) $ 30.00/set
Pipe Backfill Soils
Optimum Moisture/Density Relationship (proctor)
(1 per change of material) $ 50.00/test
Engineering Technician
Senior Engineering Technician $ 30.00/hour
Senior Engineering Technician —Overtime $ 39.00/hour
Professional Services
Project Engineer- Report review and evaluation $ 70.00/hour
iris
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�I' r,;1 Information
Ni2f .To Build On PROFESSIONAL SERVICE INDUSTRIES, INC.
Engineering . Consulting. ?Sting PROJECT DATA SHEET
PROJECTINFORMATON.:, .'
NAME:
LOCATION:
ONSITE
CONTACT: PHONE:
PROJECT TYPE . -.
HOUSING CHURCH UTILITY MEDICAL RETAIL GOVT.
SCHOOL ROADWAY HOTEL OFFICE WAREHOUSE
OTHER (PLEASE DESCRIBE):
CLIENT INFORMATION.. ..... ._.. : •-«. -,•.'e,..,.. :::- . .. ..<.: ..__: ... . ._. .: .:
CLIENT NAME;
ADDRESS:
PHONE: FAX: P.O. NUMBER:
BILLING
ADDRESS:
(!F DIFFERENT
NAN ASOVE)
TY75TRIBUTION OF REPORTS • • •
•
.- . ..-. ..
ATTN: - ATTN:
QTY: QTY;
ATTN; ATTN:
Qrf QTY:
cc:'d ££:0I £OOZ GZ 923 T9SSGC10V:xe. ISd
GENERAL CONDITIONS
.PARTIES AND SCOPE Of WORK:Profess:ona!Service industries (hereinafter referred to as"PSI")shall.nclude said comcany or its particular division.subsidiary or affiliate performing Ire
ork.''Work"means tee specific geotechnical,anaiyaical.testing cr other service to De performed by PSi as set tcrtn in PS's proposal,Client's acceptance thereof and these General Conditions.
dditional work ordered by Client srall also De subject tc these General Conditions. "Client"refers to the persoi or business ent.ty ordering the work tc be done by PSI.If Client is ordering the work
n behalf of another.Client represents and warrants:hat it is tre cure authorized agent of said party tor the purpose of oederi a and directing said work.Unless otherwise stated in writing.Client
ssumes scie responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate ant sufficient for C:rent's intended purpose.Client shall communicate
tese General Conditions to each and every third parry to whom Client transmits any part of PSI's work.PSI shall have no duty ar obligation to any:hard party greater than that set forth in PSI's pro-
osal,Client's acceptance thereof and these Genera!Conditions.The°reefing of work from PSI.cr the reliance on any of PSI's work.shall constitute acceptance of ire terms of PSI's proposal and
:ese General Conditions.regardless of:he terms of any subsequently issued document.
TESTS AND INSPECTIONS:Client shall cause all tests and inspections of tra site.materials and work performed by PSI or omen to be timely and prooerly performed in accordance with the
tans,specifications and contract documents and PSI's recommendations.No claims for toss.carnage or injury snail be brought against PSI by Client or any third party unless all tests and inspec-
ions have been so performed and unless PSI's recommendations have been followed.Client agrees to indemnify.defend and note PSI,its officers.employees and agents harmless from any and all
Aaims.suits,losses.costs and expenses.including,brit not limited to,court costs and reasonable anorrey s fees in the event that all such tests and inspections are net so performed or PSi's tic•
immendations are not so followed except to the extent that such failure Is the result of the negligence.willtul or wanton act or omission of PSI.its officers,agents or employees.subject to the lira-
tation contained in paragraph 9.
3.SCHEDULING OF WORK:The services set forth in PSI'S prcocsal and Client's acceptance will be accomplished in a timely,workmanlike and professional manner by PSI personnel at the prices
looted.If PSI is required to delay commencement of the work or if.upon embarking upon ns work,PSI is required:o stop or interrupt:he progress of its work as 3 result of changes in the scope
3f the work requested by Client.to fulfill the requirerrerts of third parties.interruptions in the progress of construction.or other causes beyond the direct reasonable control of PSI,additional charges
,rill be applicable and payable by Client.
S.ACCESS TO SITE:Client will arrange and provide such access to the site as is necessary for PSI to perform the work.PSI shall take reasanabie measures and Precautions to minimize damage to
the site and any Improvements located thereon as the result of its work or the use of its equipment however,PSI has net included in its fee the cost of restoration of damage which may occur.II Client
desires or requires PSI to restore the site to its former condition.upon:vr:ten request PSI will perform such additional work as is necessary to do so and Client agrees to pay to PSI for the cost
S.CLIENT'S DUTY TO NOTIFY ENGINEER:Client represents and warrants that it has advised PSI cf any known or suspected hazardous materials.utility lines and pollutants at any site at which Psi is
to do work nereunder.and unless PSI has assumed in writing the responsibility of locating subsurface objects,structures.lines or ecrd_uits,Client agrees to defend.indemnity and save PSi harmless
from all claims,suits.!cues.costs and expenses.ircl.:ing reasonable attorney's fees as a result of personal injury.death or prcperry damage occurring with respect to PSI's performance of its work
and resulting to or caused by contact with subsurface or latent objects.structures.lines cr coeduits where the actual or potential presence and location thereof were not revealed to PSI by Client
6.RESPONSIBILITY:PSI's work shall not include determining,supervising or implementing tee means.metncas,techniques.segeeaces or procedures of construction.PSI shall not be responsi-
ble for evaluating.reporting or affecting job conditions concerning health,safety or welfare.PSI's work or failure to perfcrm same shall rot in any way excuse any contractor.subcontractor or sup-
plier from performance of its work in accordance with:he contract documents. PSI has no right or duty to stop the contractor's work.
7;SAMPLE DISPOSAL:Unless otherwise agreed in wr.:irg.test specimens or samples will oe cisposed immediately uooe completion of the test.All drilling samples or specimens will be disposed
sixty(60)days after submission of PSI's repo+:.
B.PAYMENT:Client shall oe invoiced once each month fcr work performed during:he preceding period.Client agrees to pay etc-invoice within tnirty(30)days of its receipt.Client further agrees
to pay interest on all amounts invoiced and not paid or obiecteo to for valid cause in writing within said tnirty(30)day period at the rate of elgeteen(t 8)percent per anrum(or the maximum inter.
est rate permitted under applicable law).until oaic CI ant agrees to Pay PSI's cost of collection of all amounts dee and unpaid after sixty fSC)days.inCudirg court costs and-easonable alorrey's
fees.PSI snail not be bound by any provision cr agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement,any provision wherein PSI waives any
rights to a mechanics'teen.or any provision cord :erirg'Si's right to receive payment for its work upon payment to Client by any third party.These General Conditions are nonce,where required,
that PSI shall file a lien whenever necessary to collect past due amounts.Failure to make payment within 30 days of invoice shall constitute a release of PSI from any and all claims which Client may
have.whether in tort,contract or otherwise.and whetter known or unknown at the time.
9.WARRANTY:PSI'S SERVICES WILL BE PERFORMED.ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL.CLIENT'S ACCEPTANCE THEREOF,THESE
GENERAL CONDITIONS.AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES.IN PERFORMING ITS PROFESSIONAL SERVICES,PSI WILL USE THAT DEGREE OF CARE AND SKILL
ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION.THIS WARRANTY IS IN LIEU CF ALL OTHER WARRANTIES OR REPRESENTATIONS,EITHER
EXPRESS OR IMPLIED.STATEMENTS MADE IN PSI P.EPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT.
SHOULD PSI OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE CF ITS WORK,OR TO HAVE MADE ANC BREACHED ANY EXPRESS OR
IMPLIED WARRANTY.REPRESENTATiON OR CONTRACT.CLIENT.ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK
AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI.ITS OFFICERS.EMPLOYEES AND AGENTS SHALL 3E LIMITED TO S25.000.00 OR THE TOTAL AMOUNT OF THE
FEE PAID TO PSI FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT.WHICHEVER AMOUNT IS GREATER.
IN THE EVENT CLIENT IS UNWILLING OR UNABLE TC LIMIT PSI'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH.CLIENT MAY.UPON WRITTEN REQUEST
OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF.INCREASE THE LIMIT OF PSI'S LIABILITY TO 5250.000.00 OR THE AMOUNT OF PSI'S FEE.WHICHEVER.iS THE
GREATER.BY AGREEING TO PAY PSI A SUM'UIVALENT TO AN ADDITIONAL AMOUNT
NTIOFRATIOFN THE
FOR THE TOTAL
EETO GREATER BE CHARienGED
FOR
R PSI'S
SANY ERVICES HTHIS
S CHARGE
AE GE IS NOT TO BE FEES EXPENDED BY
STRUED AS BEING A CHARGE FOR INSURANCE CF ANY TYPE.BUT IS INCREASED
PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE.AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT.
NO ACTION OR CLAIM,WHETHER IN TORT.CONTRACT,OR OTHERWISE.MAY SE 3R000MT AGAINST PSI,ARISING FROM OR RELATED TO PSI'S WORK.MORE THAN TWO YEARS AFTER THE
CESSATION OF PSI'S WORK HEREUNDER.
10.INDEMNITY:Subject to the foregoing limitations:PSI agrees to indemnify and hold Client harmless from and against any and all claims.suits.costs and expenses including reasonable attor-
ney's tees and court costs arising out of PSI':negligence to the extent of PSI's negligence.Client shall provide the same protection to the extent of its negligence.In the event that Client or Client's
principal shall bring any suit,cause of action;claim or counterclaim against PSI,the party initiating such action shall pay to PSI the costs and expenses incurred by PSi to investigate.answer and
defend it,including reasonable attorney's and witness tees and court costs to the extent that PSI shall prevail in such suit.
11.TERMINATION:This Agreement may be terminated by either parry upon seven days'prior written notice.In the event of termination;PSI shall be compensated by Client for all services pen.formed up to and including the termination date.including reimbursable expenses.and for the completion of such services and records as.are necessary to place PSI'S files in order andlar protect
its professional reputation.
12.EMPLOYEES/WITNESS FEES:PSI's employees shall not be retained as expert witnesses except by separate.written agreement.Client agrees to pay PSI's legal expenses.administrative costs
and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. Client agrees not to hire PSI's employees except through PSI. In the event Client hires a PSI employee.
Client shall pay PSI an amount equal to ore-halt of the employee's annualized salary.without PS!waiving other remedies it may have. •
13.HAZARDOUS MATERIALS:Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner,operator.generator,starer,transporter.
treater or disposal facility as these terms appear within RCRA or within any Federal or State statute cr regulation governing the generation,transportation,treatment.storage and disoosal of pollu-
tants.Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling.treatment,storage and disposal of
pollutants.
14.PROVISIONS SEVERABLE:The parties have entered into this agreement in good faith.and it is the specific intent of the parties that the terms of these General Conditions be enforced as wr4-
ten. In the ever:any of try provisions of these General Conditions should te found to be unenforceable.it shall be stricken and the remaining provisions shalt be enforceable.
15.ENTIRE AGREEMENT'This agreement constitutes the entire understanding of the parties.and there are no representations,warranties or undertakings made other than as set forth here n.This
agreement may be amended.modified or terminated only in writing.signed by each of the parties hereto.
• 8V98
PSI B-900.11 (7)
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