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HomeMy WebLinkAboutContract 26585 -CITY SEC CON RACTENO Y ` � 5 CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING STATE OF TEXAS § KNOWN ALL MPN BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the '`day of February, 20001, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant and Johnson Counties, Texas, acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, hereinafter called the "City", and Professional Services Industries, Inc., an independent contractor, acting by and through Thomas D. Hruby, P. E., its duly authorized Vice President, hereinafter called "Engineer". WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE I SERVICES Section 1. Engineer hereby agrees to perform construction materials testing for Phase III construction of Taxiway Alpha at Meacham International Airport and other related field testing services as may be required for the life of the contract, including laboratory analysis, field work and reports, all in accordance with PSI Proposal No. : 337-0100. Section 2. In addition to the professional engineering services to be performed under Section 1 above, Engineer shall render the following professional services: 1. Attend such conferences with City officials as may be determined necessary to ensure the drilling, testing, and analysis will proceed in an economical and orderly manner. 2. Advise the City on special aspects of each project as may be requested by the City. 3. Furnish all necessary personnel, drilling equipment, laboratory testing equipment, and materials necessary to perform all testing and other work required and contemplated under this contract and at such time and in such manner so as not to delay the construction of Taxiway Alpha at Meacham International Airport. 01uO � �GuD 4. Furnish all necessary barricades, signs and other warning devices and their appurtenances so as to comply with all applicable local, state and federal laws, rules and regulations. ARTICLE II CITY'S OBLIGATIONS AND COMPENSATION Section 1. All testing or other work to be performed under this contract will be as specified in the City of Fort Worth City Secretary Contract No. 26422 between the City and Duininck Brothers, Inc. for Phase III construction for Taxiway Alpha and related storm drain and electrical work at Meacham. City shall not pay for any testing or other work performed by Engineer or its subcontractors that has not been ordered in writing. It is specifically agreed that Engineer shall not be compensated for any alleged additional work resulting from oral orders of any person. City shall make available to Engineer in the performance of the contract, all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to the sites designated for investigation. City assumes no responsibility for the accuracy of such data furnished to Engineer by the City, its agents, contractors, or subcontractors. Section 2. City agrees to pay Engineer for testing services on a unit price per authorized test basis. The unit price to be paid for each authorized service shall not exceed the unit price amount set out in the schedule of Fees and Services, attached hereto, marked "Exhibit A", and incorporated herein for all purposes incident to this contract. In no event shall the total contract price paid by the City for all services performed hereunder exceed the sum of Seventy-four Thousand Twenty Dollars ($74,420.00). The method of payment shall be as follows: Payment for services rendered shall be due upon completion of the particular services so ordered and receipt by City of Engineer's invoice for payment of same. Acceptance by Engineer of said payment shall operate as and shall release the City from all claims or liabilities under this contract for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE III TERM The term of this agreement shall be from the date of its execution to the date that all warranties under City Secretary Contract No. 26422 have expired. N 2 ARTICLE IV INDEPENDENT CONTRACTOR Engineer shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Engineer shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Engineer, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Engineer. ARTICLE V PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1 . To the best of its professional ability, all work performed by Engineer shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Acceptance by the City of any reports or results of materials testing shall not constitute or be deemed to be a release of the responsibility and liability of Engineer or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its drilling, testing, and reporting, and other engineering services performed hereunder. Section 2. In this connection, Engineer shall indemnify, hold harmless and defend the City and all of its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, including but not limited to third parties, employees of Engineer, employees of subcontractors, and all other persons performing work incident to this contract which may rise out of or be connected with directly or indirectly: a. The negligent, defective or deficient execution, performance, attempted performance or non-performance of this contract by Engineer. b. Any act, omission, defect, deficiency or negligence of Engineer in drilling and testing, reporting, recommendations or any other engineering services; C. Any neglect in the safeguarding of the work by Engineer or its subcontractors; d. Failure by Engineer or its subcontractors to properly execute the work; SCUD ���T "T If e. Defective work or materials; and/or f. Striking, cutting, impaling or tearing any cables, utility lines, pipes and other matter located beneath the surface due to the negligence or wrongful acts of Engineer. Engineer shall likewise indemnify, and hold harmless, City for any and all injury or damage to City property arising out of, or in connection with, any and all acts or omissions of Engineer, its officers, agents, employees or subcontractors. ARTICLE VI INSURANCE Engineer shall not commence work under this contract until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Engineer allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City. (1) Insurance coverage and limits: Engineer shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit basis OR $250,000 Property Damage $500,000 Bodily Injury Per Person Per Occurrence $2,000,000 Aggregate Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim/annual aggregate (NU U'MC P11 Ey Fy, )"G,Yplo TEKo 4 (2) Certificates of insurance evidencing that the Engineer has obtained all required insurance shall be delivered to the City prior to Engineer proceeding with the project. (a) Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified according to items this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Engineer's insurance policies. Notice shall be sent to Director Department of Engineering, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. (f) Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. D Il Ila �, �..11��IIWQ �ISWa 5 U (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the project. (h) The City shall be entitled, upon its request and without incurring expense, to review the Engineer's insurance policies including endorsements thereto and, at the City's discretion, the Engineer may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the Engineer for a minimum two (2) year period subsequent to the term this agreement unless such coverage is provided the Engineer on an occurrence basis. (k) The City shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of Engineer's overhead. (1) Except for the Professional Liability insurance policy, all insurance shall be written on an occurrence basis. (m) Subconsultants to the Engineer shall be required by the Engineer to maintain the same or reasonably equivalent insurance coverage as required for the Engineer. When subconsultants maintain insurance coverage, Engineer shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Engineer of this agreement. ARTICLE VII TRANSFER OR ASSIGNMENT City and Engineer each bind themselves, and their respective successor and assigns, to this agreement. Engineer, its successors and assigns, shall not assign, sublet or transfer any interest in this agreement without prior written consent of the City. OUFRI 0IA E��CRD rrpV M���ME'� A ay 6 L i.�a �V t:Il�Ullp IIL�Wa ARTICLE VIII TERMINATION OF CONTRACT Section 1. City may terminate this contract at any time, for any cause, by notice in writing to Engineer. Upon receipt of such notice, Engineer shall immediately discontinue all services and work hereunder and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 2. If City chooses to terminate this contract under Article Vlll, Section 1, upon receipt of notice of termination, Engineer shall discontinue services rendered up to the date of such termination based upon calculations in Article II, Section 2 and the attached incorporated Schedule of Fees and Services (Exhibit Section 3. All reports, whether partial or complete, prepared under this contract, including the original drawings, whether furnished by the City, its officers, agents, employees, consultants, engineers, or contractors, or prepared by Engineer, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this agreement. ARTICLE IX RIGHT TO AUDIT Section 1 Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Engineer involving transactions relating to this contract. Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Engineer reasonable advance notice of intended audits. Section 2. Engineer further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. City shall give subcon- sultant reasonable advance notice of intended audits. OMCNAS� E1'KCGQD cc ff��E("c77PME Y QY 7 tl T. i II:,U Section 3. Engineer and subconsultant agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Engineer for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE X MINORITY AND WOMAN BISUNESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 13471, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. ARTICLE XI OBSERVE AND COMPLY Engineer shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Engineer agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE XIII VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, as it applies to contracts performed within the State of Texas and without regard to any choice of law rules or principles to the contrary. The parties acknowledge that this Agreement is performable in Tarrant County, Texas and hereby submit to the jurisdiction of the courts of that County, and hereby agree that any such Court shall be a proper forum for the determination of any dispute arising hereunder. IN WITNESS THEREOF, the parties hereto have made and executed this agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. [an 8 ATTE CIV BY: BY: Glo a Pearson ?- d 7 C/ Mike Groomer City Secretary Assistant City Manager APPROVAL RECOMMENDED: PROFESSIONAL SERVICES INDUST IES, C. By: Doug Rademaker, Director Thomas D. Hr Department of Engineering President APPROVED AS TO FORM AND LEGALITY: Contract Authorization Date Assistanr6ty Attorney CCfltract Authorization Date h4�JU���O dI lS U_1LSfc VIII© Cho lop TEX 9 City of Fort Worth, Texas 4velfor And council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/20/01 **C-18465 30PS1 1 of 1 SUBJECT AWARD OF CONTRACT TO PROFESSIONAL SERVICE INDUSTRIES (PSI), INC. FOR GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING SERVICES FOR PHASE III CONSTRUCTION OF TAXIWAY ALPHA AT MEACHAM INTERNATIONAL AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Professional Service Industries, Inc. for geotechnical and material testing services for Phase III construction of Taxiway Alpha at Meacham International Airport for a fee not to exceed $74,420. DISCUSSION: On November 14, 2000 (M&C C-18354), the City Council awarded a contract to Duininck Brothers, Inc. for the reconstruction of Taxiway Alpha at Meacham International Airport. The design and construction of this project has been funded by a Texas Department of Transportation (TxDOT) grant. TxDOT is managing the funds for the Federal Aviation Administration (FAA). TxDOT and the FAA require that material testing be performed during the construction so that the project may be certified as having met the requirements of the approved plans and specifications. Professional Service Industries, Inc. is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City's goal on this project is 15%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and receipt of the grant, funds will be available in the current operating budget, as appropriated, of the Grants Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ==nn GD Mike Groomer 6140 C" COUNCIL Originating Departmt!nt Head: v" , v A.Douglas Rademaker 6157 (from) FEB 20 2001 GR76 531200 055302673010 $72,420.00 ( ,) Additional Information Contact: 4. City liearetary of the A.Douglas Rademaker 6157 City of Fort Worth Te r- "EXHIBIT A" ORIN& PEC-DED G�rf$E ILI) R, G� � , mai Information T�f� JOnid Engine ring• Co • Testing City of Ft. Worth-Department of Engineering C/O Mr. Gopal Sahu, P.E., Project Manager 1000 Throckmorton St. Fort worth, TX 76102 Re: Proposal for Construction Materials Testing and Inspection Services Meacham International Airport-Taxiway A, Phase III PSI Proposal No. 337-0100 Dear Mr. Sahu: Professional Service Industries, Inc. (PSI) understands that we have been selected based on qualifications in accordance with the Professional Services Procurement Act, Article 2254.004 of the Texas Government-Code, to provide the above referenced services for this project. In accordance with this act, we are now submitting our proposed fee schedule as the second step of the negotiation phase of the contracting process. As America's largest independent testing firm and the nations fourth largest consulting engineering firm, we bring extensive experience in providing professional engineering and materials testing services for clients in the Dallas/Fort Worth area, throughout the State of Texas and the nation. With four local offices servicing the metroplex, PSI has the technical capabilities, personnel and equipment resources and local expertise to provide you with superior testing services. PSI proposes to provide experienced, technical personnel to perform testing and inspection services as requested in general accordance with project specifications. Provided herewith is our budgetary estimate of the anticipated testing and the associated estimated costs based on the project characteristics available at the time of this proposal. PSI proposes to accomplish the work on a unit price basis in accordance with the unit rates of this proposal. All work will be performed in accordance with the General Conditions attached herein and considered a part of this proposal. The cost estimate was developed based on the estimated quantities, types of tests and the unit rates shown herein. This estimate was developed based on a defined scope of work as outlined in this proposal. We caution, however, that unforeseen conditions, contractor's work schedule and weather can affect the total cost. Any work which is required beyond this estimate will be charged per the unit rates shown. Professional Service Industries,Inc.•2556 Gravel Drive•Fort Worth,TX 76118•Phone 817/284-3783•Fax 817/284-8942 Page 2 of 8 PSI Proposal No.: 337-0100 PSI will proceed with the work upon receipt of a signed proposal. Please sign and return one copy of this proposal intact. When returning this proposal, please complete the attached Project Data Sheet so that PSI may best serve your project and help distribute reports to the appropriate parties. PSI looks forward to providing services to the Department of Aviation during construction of the Taxiway Alpha, Phase III project. .Once a detailed construction schedule and material quantities are available, we would be pleased to meet with you and refine the attached estimate and add or delete services as desired. Should you have any questions or wish to discuss this proposal further, please contact us at your earliest convenience at 817 284-3783. Repectfully submitted, P FESSIONAL SERVICE INDUSTRIES, INC. ames R. Anderson, P.E. 4Z�Szle�� ranch Manager District Manager Attachments: Project Information/Assumptions Estimated Materials Testing Cost Summary Project Data Sheet General Conditions AGREED TO THIS DAY OF , 2000 SIGNATURE: TYPED/PRINTED NAME: TITLE: FIRM: Page 3 of 8 PSI Proposal No.: 337-0100 i PROJECT INFORMATION/ASSUMPTIONS Preliminary Work in Preparation for Paving 1. Density Testing will be required on approximately 2300 If of storm drain at the rate of one density test for each 100 ft., every other lift. 2. Density testing will be required on approximately 7400 If of under-drain pipe at the rate of one test per 200 If. MECHANICAL LIME STABILIZATION 3. Approximately 621,000 square feet of paving sub-grade will be lime stabilized to a required depth of either 8 or 12 inches. 4. Four pH lime series test will be required to determine the percent of lime required to stabilize the soil. 5. Lime stabilization operations will not be continuously monitored by a PSI representative. 6. Field gradation tests will be performed at a rate of 1 test per 10,000 square feet after final mixing and prior to final compaction operations. 7. Field density tests will be performed at a rate of 1 test per 10,000 square feet, after final compaction operations. CONCRETE 8. Concrete placement operations will be continuously monitored by a PSI representative. 9. Two sets of 4 beams will be molded and field test performed for each day that paving concrete is placed. One set of 4 cylinders will be molded and field tested for each day that light standard supports are poured. 10. Reinforcing steel will require inspection of size, placement and securement . ASPHALTIC CONCRETE 11. Full time inspection of asphalt placement by a representative of PSI will not be required, however the laboratory will assist;the Contractor in estabilishing Inwn i Page 4 of 8 PSI Proposal No.: 337-0100 a rolling pattern to achieve proper compaction. Samples will be taken of each days placement and tested for Laboratory Density (TE X 207-F), Stability (TEX 208-F), Extraction/Gradation(TEX 210-F, 200-F), moisture content (TEX 212-F), Part II, Max Theoretical) Specific Gravity (TEX 227-F) . 12. One asphaltic concrete sample for each mix, being placed will be obtained and tested as outlined above by PSI per day per mix placed. Three cores will be taken per day for in-place density testing. 13. This proposal assumes that asphalt placement will not take place on more than 12 days. PSI performs a complete range of Construction Materials Testing Inspection Services as well as Geotechnical and Environmental Consulting Services. In addition to those listed above, your project can be provided with the following: - Fireproofing Inspection - Geotechnical Services - Environmental Site Assessments - Indoor Air Quality Studies .....Wetland Surveys....................................Hydrologic/Hydraulic Engineering - Asbestos Sampling & Testing - Lead Based Paint Testing - Roof Testing & Inspections - Floor Flatness Testing r��i Page 5 of 8 PSI Proposal No.: 337-0100 Estimated Materials Testing Summary The following is our estimate of the number, type, and cost of anticipated Construction Materials Testing and Inspection Services for the subject project. This estimate was developed based on assumptions made from current information available to us regarding expected work schedules, :amount of materials, project requirements, etc. It should be recognized that variations in construction schedules, weather, etc., could result in differences between the,actual and estimated testing costs. Although efforts will be made to maintain the testing costs within the estimated amount, charges will be computed based on actual services rendered. Proposal excludes the following items: X Overtime X Cancellation without notice X Stabilization X Environmental Engineering X Re-testing X Waiver of Subrogatiori X Special Engineering Services Meacham A/P-Fhase III Matorlals Testing Estimate $ 74,420.00 Total Sum of Above S 74,420.00 Unit Quantity Unit Price Item Total A. Earthwork Laboratory Moisture Density Relationship(ASTUD696) Each 8 5150.00 $1,200.00 Atterberg Limits Each 16 $50.00 $800.00 Storm Drain Density Testing Each 38 $12.00 $456.00 Paving Field Density Compaction Testing(ASTM D2922) Each 90 $12.00 $1,080.00 Technician Hour 100 $34.00 $3,400.00 Sub-Total $6,936.00 B.Stabilization of Subgrades Lime Series(ASTM c 977 r Texaaa-Jt Each 4 1 5150.00 $600.00 Lime Stabilized Moisture Density Relationship(ASTM DEos) Each 4 $150.00 $600.00 Field Gradations Each 150 $13.00 $1,950.00 Asphalt Field Density Testing(ASTMo2922/MSHTDTrw) Each 120 $12.00 $1,440.00 Concrete Paving Field Density Testing(ASTMo2922rMSHToT,90) Each 110 $12.00 $1,320.00 Aherberg Limits Each 8 $50.00 $400.00 Depth Checks Each 120 $10.00 $1,200.00 Technician Hour 184 $34.00 $6,256.00 Post Injection Testing(per boring i3 pass) Each 0 $150.00 $0.00 Laboratory Swell Testing for Moisture Conditioning Each 0 $100.00 $0.00 Sub-Total $13,766.00 fiVEAMIN Page 6 of 8 PSI Proposal No.: 337-0100 C.Portland Concrete Mix Design Review r"a ) Each 2 $75.00 $150.00 Concrete Compression Cylinders""' Each 40 $15.00 $600.00 Technician-Pier Placement/Post Tension Hour 0 $34.00 $0.00 Technician Hour 30 $34.00 $1,020.00 Sub-Total $1,770.00 0.Paving Materials Concrete Compression Beams""""'`"'" '" u"""""' Each 580 $24.00 $13,920.00 Concrete/AsphallMonitoring(rxoor"PE offE UD) Hour 452 $34.00 $15,368.00 Prod Roll Inspection Hour 30 $33.00 $990.00 Asphalt Coring(TEX 222F,3 per set) Each 40 $50.00 $2,000.00 Asphalt Mix Review Each 2 $80.00 $160.00 Asphalt Stability,Set or 3(TEX 210F/200F) Each 12 $150.00 $1,80000 Asphalt Extraction Each 12 $180.00 $2,160.00 Laboratory Density Test,Set of 3(TEX 207F) Each 60 $85.00 $5,100.00 Sub-Total $41,498.00 H. Special Testing Concrete Flatness r"c °'r Per Hour On-Site+2 Hours Lab Hour 0 $50.00 $0.00 Project Engineer/Manager Review of Reports Hour 90 $80.00 $7,200.00 Special Testing Hour 0 $50.00 $0.00 Special Testing Hour 0 $50.00 $0.00 Special Testing Hour 0 $5000 $0.00 Sub-Total $7,200.00 I. Trip Charges/Miscellaneous Site Visit/Sample Pick Up Trip 130 $25.00 $3,250.00 Sub-Total $3,250.00 Materials Testing Total Estimate $74,420.00 Total Sum $74,420.00 GENERAL Hourly work is portal to portal with a minimum of three hours per call out unless otherwise notal. Charges for services performed outside of 8:00 AM to 5:00 PM, over 8 hours per day and on Saturdays will be billed at 1.5 times the listed rates. Services performed on Sundays and holidays will be performed at 2.0 times the listed rates. "Project Manager/Engineer to schedule personnel,supervise personnel and evaluate and review reports will be invoiced at$75.00 per hour for a minimum of 0.2 hours per report issued." Above unit rates include up to three copies of each report distributed and mailed in accordance with your instructions. Additional report copies billed at$1.00 each. This proposal presents the typical construction materials testing required on area projects. If an increased or decreased scope of work is desired,we would be pleased to discuss this at the appropriate time. Additional services and fees not listed,will be quoted upon request. Page 7 of 8 PSI Proposal No.: 337-0100 PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES 1. Project Name: 2. Project Location: 3. Project Manager: Telephone No.: Mobile/Pager No.: 4. Site Contact: Telephone No.: Mobile/Pager No.: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: ( ) Copies To: ( ) Additional Copies ($1.00 each) Attn: Attn: 6. Invoice Requirements: Your Job No.: Purchase Order No.: Billing Address:* Mailing Address:* Attn: Attn: Special Invoice Instructions 7. How will plans and specifications be provided to PSI? 90,ff ill to": Party responsible for payment "Mail to": Invoice will be delivered here. This can be a different name or address if the invoice needs to be approved by someone other than "BILL TO"client. No invoice is mailed to "BILL TO" Acont it nn enaninl inctnintinns are niven.the "MAIL TO"will be the same as the"BILL TO". age 8 of 8 SI Proposal No. : 337-0100 GENERAL CONDITIONS 1.PARTIES AND SCOPE OF WORK:Professional Service Industries Inc.(hereinafter referred to as"PSI")shall include said company or its particular division,subsidiary or affiliate performing the work."Work"means the specific geotechnical,analytical,testing or other service to be performed by PSI as set 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 pro- posal,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 inspec- tions 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 rec- ommendations are not so followed except to the extent that such failure is the result of the negligence,willful or wanton act or omission of PSI,its officers,agents or employees,subject to the lim- itation contained in paragraph 9. 3.SCHEDULING OF WORK:The services set forth in PSI's proposal and Client's acceptance will be accomplished in a timely,workmanlike and professional manner 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. 4.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 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;however,PSI has not included in its fee the cost of restoration of damage which may occur.If Client desires or requires PSI to restore the site to its former condition,upon written request PSI will perform such additional work as is necessary to do so and Client agrees to pay to PSI for the cost. 5.CLIENT'S DUTY TO NOTIFY ENGINEER:Client represents and 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 hereunder,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. 6.RESPONSIBILITY:PSI's work shall not include determining,supervising or implementing the means,methods,techniques,sequences 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 perform same shall not in any way excuse any contractor,subcontractor or sup- plier from performance of its work in accordance with the contract documents. PSI has no right or duty to stop the contractor's work. 7.SAMPLE DISPOSAL:Unless otherwise agreed in writing,test specimens or samples will be disposed immediately upon completion of the test.All drilling samples or specimens will be disposed sixty(60)days after submission of PSI's report. 8.PAYMENT: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 inter- est rate permitted under applicable law),until paid.Client agrees to pay PSI's cost of collection of all amounts due and unpaid after sixty(60)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. 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 OF ALL OTHER WARRANTIES OR REPRESENTATIONS,EITHER EXPRESS OR IMPLIED.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 PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK,OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI,ITS OFFICERS,EMPLOYEES AND AGENTS SHALL BE LIMITED TO$25,000.00 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 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 PSI'S FEE,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 CON- STRUED 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 THE AMOUNT AVAILABLE,AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. NO ACTION OR CLAIM,WHETHER IN TORT,CONTRACT,OR OTHERWISE,MAY BE BROUGHT AGAINST PSI,ARISING FROM OR RELATED TO PSI'S WORK,MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER. 18.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 fees and court costs arising out of PSI's 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 fees and court costs to the extent that PSI shall prevail in such suit. 11.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 per- 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 and/or 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 one-half of the employee's annualized salary,without PSI 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,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 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 writ- ten. 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. 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 herein.This agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto. PSI B-900-11 (7) 8/98