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Home My WebLink AboutItem #04 Approval for Authorization to Extend Water and Sanitary Sewer Utilities to the Southwest Utility Service Area and to Employ Pegasus Engineering, LLC to Design and Permit the Facilities`` ', 0(lO ( florida AGENDA ITEM COVER SHEET Meeting Date December 17, 2013 Item # Reviewed By: Contact Name. David A. Wheeler, P.E. Department Director: Contact Number: 407 - 905 -3100, ext. 1504 City Manager: Subject: Authorization to Extend Water and Sanitary Sewer Utilities to the Southwest Utility Service Area and to Employ Pegasus Engineering, LLC to Design and Permit the Facilities (District 3 — Commissioner Johnson) Background Summary: The southwest utility service area is located in a portion of the City bounded by Roberson Road on the south, Tomyn Boulevard on the west, Florida's Turnpike on the north, and the Wesmere /Brookestone subdivisions on the east. See the attached aerial map for reference. This area currently does not have any City water or sanitary sewer utilities located within the area. The land within the area has been undeveloped and definitive development plans had not been submitted to the City for review and approval. Two parcels are currently being proposed for development — the Barkaritaville property on Tomyn Boulevard and the All Sports Memory Care property on Roberson Road. These parcels are highlighted on the attached map. The lack of any utility service in the area has hindered the development of the affected lands. There are water and sanitary sewer pipelines adjacent to the affected area and there is sufficient capacity within those facilities to accept the projected flows proposed for each parcel within the Southwest Utility Service Area. The City employed Reiss Engineering, Inc. to prepare a report on the potential flows based upon the two developments that have already been presented to the City for review and to project usages and flows for the other undeveloped parcels. That report was presented to the City Commission as a part of the Barkaritaville Development Agreement that was approved at November 5, 2013, City Commission Meeting. As a part of the Southwest Utility Service Area report and the Barkaritaville Development Agreement, the City proposed to prepare and pay for design plans for the extension of the "backbone" water and sanitary sewer pipelines along Tomyn Boulevard and Roberson Road to serve these properties. The construction of these pipelines would be funded by reimbursement from the development of the properties based upon each property's share of the projected flows to each pipeline. The water line is projected to be an 8 inch main that would run from an 8 inch pipeline at Patriot's Point Drive in the Brookestone subdivision, south along Tomyn Boulevard to Roberson Road, and then east along Roberson Road and connect to a 12 inch pipeline at Wesmere Parkway. The sanitary force main will run from the Barkaritaville property south on Tomyn Boulevard to Roberson Road and then east along Roberson Road to Wesmere Parkway. In the early stage of design staff and the consultant will look at the possibility of running a second force main along Tomyn road to the north and splitting the flows to potentially reduce costs and speed up construction timing to meet development. In addition to the promoting of development to the area, the proposed utilities provide increases to system capacities and reliabilities. City staff worked with Pegasus Engineering, LLC to develop a scope of services to design and permit the pipelines, including surveying and geotechnical exploration of the proposed pipeline routes. Pegasus Engineering, LLC is one of the City's continuing consultants under contract to perform design services. The attached proposal details Pegasus' scope and costs for a not -to- exceed amount of $88,500. Issue: Should the City Commission authorize staff to proceed with providing water and sanitary sewer utilities to the Southwest Utility Service Area, and for Pegasus Engineering, LLC to proceed with the design and permitting of those pipelines? Recommendations: The Engineering and Utilities Departments recommend that City Commission authorize staff to proceed with the extension of water and sanitary sewer utilities to the Southwest Utility Service Area, and that a purchase order be issued to Pegasus Engineering, LLC for the design and permitting of those facilities with a design fee of $88,500 Attachments: 1) Aerial Map of the Southwest Utility Service Area 2) Proposal form Pegasus Engineering, LLC Financial Impact: Funding for the design and permitting work to be performed by Pegasus Engineering, LLC in the amount of $88,500 is available in the Water and Sewer Construction Fund. These utility improvements provide for up to 134 ERU's with a present day Capital Charge fee of $958,636, which is above the estimated construction cost Type of Item: (please mark with an `k') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A ON Peg E asus November 26, 2013 (Revised December 10, 2013) Mr. David Wheeler, P.E. City Engineer City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34741 P_1 ')9 ')75R1 Re: Proposal for Professional Engineering Services Ocoee Southwest Development Utilities — Roberson Road and Windermere Road Final Design and Permitting Dear Mr. Wheeler: Pegasus Engineering, LLC is pleased to provide this proposal for professional engineering design and permitting services for the Ocoee Southwest Development Utility Improvements Project. The project scope includes the addition of a water -main and a force -main along Roberson Road from Windermere Road to Wesmere Parkway (approximately 3,200 feet) and along Windermere Road from Roberson Road to Patriots Point Drive (approximately 4,800 feet) as shown in the Technical Memorandum prepared by Reiss Engineering dated November 11, 2013. An exhibit reflecting the proposed locations is attached. BASIC ENGINEERING SERVICES Following is a list of Basic Services we anticipate, as necessary to accomplish the work required for the above referenced project. This scope and proposal is based on City of Ocoee Utility Standards and Specifications. DESIGN SURVEY SERVICES These services will be provided by our sub - consultant Southeastern Surveying and Mapping Corporation (SSMC). The Consultant will obtain topographic survey to prepare final design and construction plans. SSMC's proposal is attached. GEOTECHNICAL ENGINEERING SERVICES These services will be provided by our sub- consultant PSI, Inc. Their proposal is attached. Mr. David Wheeler, P.E. P- 129275R1 November 26, 2013 (Revised December 10, 2013) Page 2 CIVIL ENGINEERING SERVICES Final Engineering: A. Prepare final construction drawings and technical specifications suitable for bidding and construction for the required improvements. Design services include plan sheets, profile sheets, cross - sections at roadway crossing locations, maintenance of traffic notes, quantity computation, utility coordination, and erosion control details. B. Perform coordination with the City regarding future developments within the project area including connection points, stub -outs, etc. C. Conduct meetings with the City staff to review the construction documents. D. Prepare an opinion of the probable construction costs. E. Perform field reviews. 2. Permitting Services: The following permits /approvals are anticipated to be required prior to construction, or in conjunction with the proposed improvements. Applications for these permits /approvals will be completed, submitted to the City for execution, and forwarded to the appropriate regulatory agency for processing. Coordination with the regulatory agencies will be provided during the permit application review process, and requests for additional information as related to the engineering issues will be addressed. Attendance at the required meetings will also be performed. A. FDEP Notice of Intent to Use General / Permit for construction of water main extension. B. Orange County right -of -way utilization pre - permitting / approval. Actual permit will be required from the contractor. CONDITIONS OF PROPOSAL Design of lift station is not included under this proposal. 2. Environmental engineering associated with wetlands, surface water impacts, and threatened and endangered species, etc. are not included under this proposal Mr. David Wheeler, P.E. P- 129275R1 November 26, 2013 (Revised December 10, 2013) Page 3 COMPENSATION Final Engineering and Permitting -------------------------------------------------------- $74,093.79 DesignSurvey --------------------------------------------------------------------------------- $9,580.00 Geotechnical Engineering ------------------------------------------------------------------- $3,282.50 Direct Reimbursables (Including FDEP Permit Fee) --------------------------- - - - - -- $1,543.71 Total Fee $88,500.00 Refer to Attachment "A ",for a detailed breakdown of the manhours and fees. SCHEDULE A three (3) to four (4) month project schedule is anticipated to complete the design of this project. We appreciate the opportunity to provide this proposal and trust that the information provided herein is sufficient for your needs. If you have any questions or require additional information, please contact us. Very truly yours, PEGASUS ENGINEERING, LLC Fursan S. Munjed, P.E. Principal Attachments Steven L. Anderson, Jr., PSM, PLS James E. Mazurak, PSM Thomas K. Mead, PSM, PLS Charles M. Arnett, PSM Russell G. Daly, PSM, PLS �� Timothy O. Mosby, PSM PSM Michael L. Dougherty, PSM Bruce C. Ducker, PSM Baste -n� James L. Petersen, William C. Rowe, PSM James M. Dunn, II, PSM Mark J. Efird, PSM CsOU� Survey Tony G. Syfrett, PSM, PLS John S. Thomas, PSM Rick J. Travis, PSM Thomas F. Ferguson, PSM , M Cypress Business Center Tate B. Flowers, PLS 10 East Lake Street, Catherine E. Galgano, GISP Robert W. Gardner, PSM southeastern Surveying and Mapping Corporation Patrick J. Phillips, GISP Kirk R. Hall, El Brian R. Garvey, PE Jennings E. Griffin, PSM, Retired Servin the Southeast Since 1972 g Donna L. Canney, CST IV Daniel J. Henry, PSM, PLS www.southeasfernsurvoyitig.coni Frank B. Henry, CST IV Gary B. Krick, PSM info @southeasternsurveying.com David M. Rentfrow, CST IV Brad J. Lashley, PSM, PLS 850.638.8069 Fax Steve D. Smith, CST IV Celeste B. van Gelder, CST IV M yron F. Luca P 407.944.0424 Fax Tampa, FL 33617 Land Surveying & Mapping Services • Sub - Surface Utility Designation & Location Services • Geographic Information Systems • GPS Asset Inventories November 14, 2013 Via E -mail: Fursan(_&pegasusensgineeri rig. net Mr. Fursan S. Munjed, P.E. Principal / Project Manager Pegasus Engineering, LLC 301 West State Road 434, Suite 309 Winter Springs, Florida 32708 RE: City of Ocoee - Southwest Development Section 31, Township 22 South, Range 28 East, and Section 30, Township 22 South, Range 28 East, Orange County, Florida Dear Mr. Munjed, We are pleased to submit our proposal for Surveying Services on the above referenced project. SCOPE OF WORK: Provide a Design Topographic Survey and establish the apparent Right -of -Way line in accordance with Chapter 5J -17 F.A.C. to include the following: 1. Locate all new improvements and utilities, as evidenced by above ground features or as marked by the designated utility company representative, to include the culvert marked on the aerial print provided by the client. 2. Obtain spot elevations on natural ground and existing improvements suitable for interpolation of one foot contours to be shown on the final drawing. 3. Establish the location of the right -of -way line based on a combination of sectional monumentation, existing right -of -way monumentation and a review of parcel descriptions as found on the Orange County Property Appraisers site. 4. Perform cross - sections at 50 foot intervals. 5. Establish a minimum of two (3) site benchmarks. 6. Topographic coverage will be limited to the areas outlined yellow on the aerial print furnished to SSMC on 11/08/13 by Pegasus Engineering, LLC. (Approximately 7,500 Linear Feet) The final product will be two (2) certified prints and an electronic file on disk for your use. Our fee for the above referenced work will be Nine Thousand Five Hundred Eighty Dollars & 00 /100 ($9.580.00). 6500 All American Blvd. 1130 Highway 90, Cypress Business Center 119 West Main Street, 10 East Lake Street, University Corporate Park Orlando, FL 32810 Chipley, FL 32428 8301 Cypress Plaza Tavares, FL 32778 Kissimmee, FL 34744 10770 North 46`" Street 407.292.8580 850.638.0790 Drive, Suite 104, 352.343.4880 407.944.4880 Suite C -300 407.292.0141 Fax 850.638.8069 Fax Jacksonville, FL. 32256 352.343.4914 Fax 407.944.0424 Fax Tampa, FL 33617 904.737.5990 813.898.2711 904.737.5995 Fax 813.898.2712 Fax Licenses: PSM: Florida Professional Surveyor & Mapper • PLS: Alabama Professional Land Surveyor • PE. Professional Engineer Certifications: El: Engineering Intern • GISP: Geographic Information Systems Professional • CST: Certified Survey Technician Page 2 Mr. Fursan S. Munjed, P.E. City of Ocoee - Southwest Development November 14, 2013 We anticipate completion of the above described work within your schedule after receipt of a written notice to proceed. Payment is expected within thirty (30) days from date of invoice. We look forward to the opportunity to work with you on this project. Sincerely, Gary B. Krick, P.S.M. President /Project Manager G6K cac If the above scope, period of service and method of compensation meets with your approval, please execute below and fax to Southeastern Surveying and Mapping Corporation as notice to proceed along with the notice of commencement. If your firm prefers using its standard PROFESSIONAL SERVICES AGREEMENT lieu of this proposal letter, this document MUST BE furnished to Southeastern Surveying and Mapping Corporation, negotiated, and executed prior to the commencement of any service. Send all Agreements to: Orlando Corporate Office 6500 All American Boulevard Orlando, FL 32810. Fax: 407-292-0141 Email: info(2southeasternsurveyin .c�om Your firm agrees that by (1) signing and returning this Proposal, or (2) partial or complete performance under this Proposal (such as but not limited to submitting a written Notice to Proceed) and SOUTHEASTERN SURVEYING AND MAPPING CORPORATION has not received, negotiated and /or executed aPROFESSIONAL SERVICES AGREEMENT, then it is agreed that THE TERMS AND CONDITIONS IN THIS PROPOSAL SHALL GOVERN THE SERVICES RENDERED. Furthermore, if requested, your firm acknowledges that by accepting this Proposal, SOUTHEASTERN SURVEYING AND MAPPING CORPORATION will provide your firm with an insurance certificate that (1) contains the project name and (2) lists your firm as the certificate holder. The person executing this document must indicate that he /she is a Principal and /or Corporate Officer. If the signatory is not a Principal and /or Corporate Officer, a Letter of Authorization on company letterhead signed by a Principal and /or Corporate Officer, MUST be provided that specifically provides that signatory has the authority to bind the parties by entering into this agreement. ACCEPTED BY: Principal / or Corporate Officer Title Printed Name Date S S011thl t a n urveying r, T:AProposalTegasus Engineering, 1 C'Cily of0coee_SW Decelopmenl.vcpd ff : Infor�uction /To Build On Engineering • Consulting • Testing November 12, 2013 Pegasus Engineering, LLC 301 West State Road 434 Suite 309 Winter Springs, Florida 32708 Attention: Mr. Fursan Munjed, P.E. RE: Proposal Geotechnical Engineering Services Proposed Utility Installation Windermere Road and Roberson Road Ocoee, Orange County, Florida PSI Proposal No. 757- 109644 Dear Mr. Munjed: Pursuant to your request for proposal, Professional Service Industries, Inc. (PSI) is pleased to submit the following fee proposal for performance of a subsurface exploration program at the site of the referenced project. Presented herein is our scope of work, time schedule to complete the work and cost estimate for our services. Project Information The subject site is located in Ocoee, Orange County, Florida. More specifically, the project is the proposed construction of approximately 1.4 miles of new water mains and force mains along Windermere Road and Roberson Road. We understand the utility lines will be installed at depths 3 to 5 feet below existing grade. The utilities will be installed on the east side of Windermere Road between Patriots Point Drive and Roberson Road and on the north side of Roberson Road between Windermere Road and Wesmere Parkway. Based on a review of aerial imagery from GoogleEarth and the general site map provided to us, it appears the utilities will be constructed in grass covered areas adjacent to the existing roads. We understand that due to space constraints, it may be necessary to use jack and bore techniques to install utilities through the wetland area along a portion of Roberson Road. If any of the noted project information is incorrect or has changed, PSI should be notified so our scope of services can be amended as appropriate. Professional Scrvice Industries. Inc. • 1748 33 "' Street • Orlando • FL 32839 • Phone 407/304 -5560 • Fax 407/304 -5561 Gneinccrin— Certificate of Authorization 3684 Pegasus Engineering, LLC PSI Proposal No. 757- 109644 Scope of Geotechnical Services November 12, 2013 Page 2 of 4 The purpose of this exploration is to obtain information on the shallow subsurface soil and groundwater conditions along the alignment of the proposed utilities. The subsurface conditions encountered will then be evaluated with respect to the available project characteristics. In this regard, geotechnical engineering recommendations related to the proposed utility installations will be formulated. The following services will be provided in order to achieve the preceding objectives: Review readily available published geologic and topographic information. This published information will be obtained from the appropriate quadrangle map published by the United States Geological Survey (USGS) and the "Soil Survey of Orange County, Florida" published by the United States Department of Agriculture (USDA) Soil Conservation Service (SCS). 2. As requested by Pegasus Engineering, we will perform seven (7) auger borings within the area of the alignment of the proposed utility installations to a depth of 7 feet below the existing grade. We will also perform two (2) 15 -foot deep Standard Penetration Test (SPT) borings, one on each end of where the alignment crosses the wetland on Roberson Road. In the SPT borings, samples will be collected and Standard Penetration Test resistances (N- values) will be measured virtually continuously for the top ten (10) feet and on intervals of five (5) feet thereafter. If necessary, we will perform a limited number of muck probes along the edge of the wetland to measure the thickness of any surficial organic soils. The borings will be located in the field using a handheld GPS device and the project plan provided to us. Our proposal is based on the boring locations being readily accessible to truck - mounted drilling equipment. 3. Visually classify and stratify representative soil samples in the laboratory using the AASHTO classification system. Conduct a limited laboratory testing program to aid in classification of soils. Identify soil conditions at each boring location and form an opinion of the site soil stratigraphy. 4. Collect groundwater level measurements in the boreholes and estimate normal wet seasonal high groundwater levels. The results of the field exploration and laboratory tests will be used in the engineering analysis and in the formulation of our geotechnical recommendations. The results of the subsurface exploration, including the recommendations and the data on which they are based, will be presented in a written report. Nom' Pegasus Engineering, LLC PSI Proposal No. 757- 109644 Schedule November 12, 2013 Page 3 of 4 We are in a position to start work on the assignment immediately upon receipt of authorization to proceed. The first task will be to complete a utility clearance of the site through Sunshine State One Call of Florida. The fieldwork, laboratory services and report preparation will take on the order of 3 to 4 weeks to complete. PSI can provide verbal results of our findings and analyses performed as they are completed prior to the issuance of our reports. Service Fee It is proposed the fee for performance of the above - outlined services be determined on a unit price basis and the work be performed pursuant to our General Conditions. A copy of PSI's General Conditions is enclosed herewith and incorporated by reference into this proposal. On the basis of the estimated quantities and the scope of work, it is estimated the fees will be S3,282.50. We appreciate the opportunity to offer our services to you and look forward to working with you. If this proposal is acceptable, please sign below as notice to proceed and return one (1) copy of this proposal intact to our office. Should you have any questions in regard to this proposal, please do not hesitate to contact this office. Sincerely, PROFESSIONAL SERVICE INDUSTRIES, INC. Certificate of Authorization No. 3684 '1� K, Wn Jonathan K. Thrasher, P.E. Project Engineer 757 - 10964 (Windermere Rd and Roberson Rd Utilities).doc Attachments • Schedule of Services & Fees • General Conditions AGREED TO THIS DAY OF BY (Please Print): TITLE: COMPANY: SIGNATURE: Robert A. Trompke, P.E. Geotechnical Department Manager N No Pegasus Engineering, LLC PSI Proposal No. 757- 109644 SCHEDULE OF SERVICES AND FEES Geotechnical Engineering Services Proposed Utility Installations Windermere Road and Roberson Road Ocoee, Orange County, Florida Description I. FIELD INVESTIGATION A. Mobilization of Men & Equipment B. Utility Coordination /Boring Layout /Muck probes C. Utility Auger Borings (7 to 7 feet) D. SPT Borings on sides of wetland (2 at 15 feet) IL LABORATORY TESTING A. Engineering Technician B Full Gradation C Natural Moisture Content D Organic Content HI. ENGINEERING SERVICES A. Senior Project Engineer B. Project Engineer C. CAD Drafting D. Clerical Unit Q uantit y Unit Rate 1 Trip $ 350.00 6 Hours 45.00 49 L.F. 8.50 30 L.F. 10.50 Subtotal Field Investigation 2 Hours $ 55.00 3 Each 65.00 3 Each 7.00 3 Each 35.00 Subtotal Laboratory Testing 2 Hours $ 135.00 10 Hours 95.00 2 Hours 50.00 4 Hours 45.00 Subtotal Engineering Services TOTAL ALL SERVICES November 12, 2013 Page 4 of 4 Total Cost $ 350.00 270.00 416.50 315.00 $1,351.50 $ 110.00 195.00 21.00 105.00 $ 431.00 $ 270.00 950.00 100.00 180.00 $1,500.00 $3,282.50 N.-Pi GENERAL CONDITIONS I. PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. ( "PSI ") shall include said company or its particular division, subsidiary or affiliate performing the work. "Work" means the specific service to be performed by PSI asset forth in PSI's proposal, Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these General Conditions. "Client" refers to the person or business entity ordering the work to be done by PSI. If Client is ordering the work on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of PSI's work. PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal, Client's acceptance thereof and these General Conditions. The ordering of work from PSI, or the reliance on any of PSI's work, shall constitute acceptance of the terms of PSI's proposal and these General Conditions, regardless of the terms of any subsequently issued document. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly performed in accordance with the plans, specifications and contract documents and PSI's recommendations. No claims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed. Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed. 3. PREVAILING WAGES. This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements. In addition, unless explicitly agreed to in the body of this proposal, this proposal specifically excludes compliance with any state or federal prevailing wage law or associated requirements, including the Davis Bacon Act. Due to the professional nature of its services PSI is generally exempt from the Davis Bacon Act and other prevailing wage schemes. It is agreed that no applicable prevailing wage classification or wage rate has been provided to PSI, and that all wages and cost estimates contained herein are based solely upon standard, non -- prevailing wage rates. Should it later be determined by the Owner or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed circumstance. These exclusions shall survive the completion of the project and shall be merged into any subsequently executed document between the parties, regardless of the terms of such agreement. Client will reimburse, defend, indemnify and hold harmless PSI from and against any liability resulting from a subsequent deternmination that prevailing wage regulations cover the Project, including all costs, fines and attorney's fees. 4. SCHEDULING OF WORK: 'The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If PSI is required to delay commencement of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of PSI, additional charges will be applicable and payable by Client. 5. ACCESS TO SITE: Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work. PSI shall take reasonable 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. 6. CLIENT'S DUTY TO NOTIFY ENGINEER: Client warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at any site at which PSI is to do work, and unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property 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 or conduits where the actual or potential presence and location thereof were not revealed to PSI by Client. 7. RESPONSIBILITY: PSI's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contractor, subcontr actor or supplier from performance of its work in accordance with the contract documents. Client agrees that it shall require subrogation to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insurance, including any policies required of Client's contractors or subcontractors, covering any construction or development activities to be performed on the project site. PSI has no right or duty to stop the contractor's work. 8. SAMPLE DISPOSAL: Test specimens will be disposed immediately upon completion of the test. All drilling samples will be disposed sixty (60) days after submission of PSI's report. 9. PAYMENT: The quantities and fees provided in this proposal are PST's estimate based on information provided by Client and PSI's experience on similar projects. The actual total amount due to PSI shall be based on the actual final quantities provided by PSI at the unit rates provided herein. Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay PSI's cost of collection of all amounts due and unpaid after thirty (30) days, including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or 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' lien, or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice, 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 whether known or unknown at the time. 10. ALLOCAI'ION OF RISK: CLIENT AGREES THAT PSFS SERVICES WILL NOT SUBJECT PSFS INDIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TO ANY PERSONAL LIABILITY, AND THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE TO DIRECT OR ASSERT ANY CLAIM, DEMAND. OR SUIT ONLY AGAINST PSI. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSYS WORK AGREETHAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL. BE LIMITED TO $25,000.00 OR THETOTALAMOUNT OFTHE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT, WHICHEVERAMOUNT IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO 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 $250,000.00 OR THE AMOUNT OF PSYS FEE PAID TO PSI FOR ITS WORK ON THE PROJECT, WHICHEVER IS THE GREATER, BY AGREEING TO PAY PSI A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THEAMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILLAPPLY TO ANY PROJECT. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT AGAINST PSI, ARISING FROM OR RELATED TO PSFS WORK, MORETHAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER, REGARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM. 11. INDEMNITY: Subject to the above limitations, PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law. 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 Client and 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 fees and court costs to the extent that PSI shall prevail in such suit. 12. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses. 13. 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. For a period of one year after the completion of any work performed under this agreement. Client agrees not to solicit, recruit, or hire any PSI employee or person who has been employed by PSI within the previous twelve months. In the event Client desires to hire such an individual, Client agrees that it shall seek the written consent of PSI, and shall pay PSI an amount equal to one -half of the employee's annualized salary, without PSI waiving other remedies it may have. 14. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner, operator, generator, Storer, transporter, treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. 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. I5. CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by, construed, and enforced in accordance the laws of Illinois. The exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Court in DuPage County, Illinois, or the Federal Court for the Northern District of Illinois. 16. 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 written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 17. 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 herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. B- 900 -11 (9) 7/10 z v � y D Q a z T Q z �z C o. 7 u :a O O v r o V.. � O O G L � i c di Y9 � Q C O T m n U h C � V X � 7 0.: e3 pa O f 1 vl vl c Q 0o C+ 7 :W r M .s � � L � C � a T Vi Y N N 0 O vi i Q T O U F- �� g a, W = F w z � z a O 0. � O. .a V •.n o � � o F A o r in c3' 0 x sA G M V Y pJJ Q O : t CD o L F5 u v C 0- ¢