HomeMy WebLinkAboutProfessional Service Industries Inc (PSI)CITY OF AUBURN
AGREEMENT FOR CONSULTING SERVICES
syI i
2 a/ c, THIS AGREEMENT made and entered into on this z/ ~ day of il41,` ,
-246H; by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and Professional Service Industries, Inc. (PSI), 10025 South
Tacoma Way, # H1, Tacoma, WA 98499 hereinafter referred to as the "Consultant."
WITNESSETH:
WHEREAS, the City is engaged in or readying itself to be engaged in its project of
General Construction, and is in need of services of individuals, employees or firms far
construction materials testing services on said project; and,
WHEREAS, the City desires to retain the Consultant to provide certain services in
connection with the City's work on said project; and,
WHEREAS, the Consultant is qualified and able to provide consulting services in
connection with the City's needs for the above-described work/project, and is willing and
agreeable to provide such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services.
The Consultant agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached hereto and incorparated herein by this reference, with that degree
of care and skill ordinarily exercised under similar conditions by professional consultants
practicing in the same discipline at the same time and location. (The tasks described on
Exhibit "A" shall be individually referred to as a"task," and collectively referred to as
the "services.") The Consultant shall perform the services as an independent contractor
and shall not be deemed, by virtue of this Agreement and the performance thereof, to
have entered into any partnership, joint venture, employment or other relationship with
the City. Upon receiving written authorization from the City of Auburn, this service may
be provided at an additional cost.
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by the
Consultant of additional services with respect to related work or projects. Any such
agreement(s) shall be set forth in writing and shall be executed by the respective parties
prior to the Consultant's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The
performance of services pursuant to an addendum shall be subject to the terms and
Page 1 of 8 Agreement for Consultant Services
conditions of this Agreement except where the addendum provides to the contrary, in
which case the terms and conditions of any such addendum shall control. In all other
respects, any addendum shall supplement and be construed in accordance with the terms
and conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than those
described on Exhibit "A" are desired by the City and the time period for the completion
of such services makes the execution of addendum impractical prior to the
commencement of the Consultant's performance of the requested services. The
Consultant hereby agrees that it shall perform such services upon the oral request of an
authorized representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith. The invoice procedure for any
such additional services shall be as described in Section 7 of this Agreement.
4. Consultant's Representations.
The Consultant hereby represents and warrants that he has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform such
services.
5. Citv's Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Consultant:
a. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
b. Furnish the Consultant with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Consultant to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepared by the Consultant and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6. Acceptable Standards.
The Consultant shall be responsible to provide, in connection with the services
contemplated in this Agreement, work product and services of a quality and professional
standard in accordance with paragraph 1 herein and which is acceptable to the City.
7. Compensation.
As compensation for the Consultant's performance of the services provided for herein,
the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached
hereto and made a part hereof (or as specified in an addendum). The Consultant shall
submit to the City a monthly invoice or statement of time spent on tasks included in the
scope of work provided herein, and the City shall process the invoice or statement in the
next billing/claim cycle following receipt of the invoice or statement, and shall remit
Page 2 of 8 Agreement for Consultant Services
payment to the Consultant 30 days thereafter receipt of invoice and in the normal course,
subject to any conditions or provisions in this Agreement or addendum.
8. Time for Performance and Term of Agreement.
The Consultant shall perform the services provided for herein in accordance with the
direction and scheduling provided on Exhibit "C" attached hereto and incorporated herein
by this reference, unless otherwise agreed to in writing by the parties. The Term of this
Agreement shall commence on the date of receipt by the Consultant, of a written Notice
to Proceed and shall terminate upon completion of the performance of the scope of work
provided herein, according to the schedule provided on Exhibit "C" attached hereto,
unless otherwise agreed to in writing by the parties.
9. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Consultant as part of his performance of this Agreement (the "Work Products") shall
be owned by and become the property of the City, and may be used by the City for any
purpose beneficial to the City. The City understands and agrees that it shall not use the
work product of Consultant for other purposes than intended under this agreement, or
under an Addendum, without the prior written permission of the Consultant. Otherwise,
such uses shall be at the City's or User's sole risk and without any liability to Consultant.
10. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
11. Continuation of Perforniance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
12. Administration of Agreement.
This Agreement shall be administered by Kent Barber, Principal on behalf of the
Consultant, and by the Mayor of the City, or designee, on behalf of the City. Any written
notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
Page 3 of 8
City of Auburn Consultant
Steven Burke, Project Mgr. Professional Service Industries, Inc
Auburn City Hall Edward A. Smith, Branch Mgr.
25 West Main 10025 So. Tacoma Way, #H1
Auburn, WA 98001-4998 Tacoma, WA 98499
(253) 876-1946 FAX (253) 333-8890 (253)589-1804 FAX (253)589-2136
E-Mail: sburke@auburnwa.gov E-Mail: edward.smith@psiusa.com
Agreement for Consultant Services
13. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement. Consultant shall not be responsible for damages arising from
any delays for causes beyond its reasonable control. Such causes include force majeure
events, acts of God, strikes, severe weather disruptions, riots, terrorist acts, wars, or
failure of any government agency to act in a timely manner. If the delays resulting from
such causes increase the cost, or time required by the Consultant to perform its services,
then Consultant shall seek an equitable adjustment in schedule and/ or compensation.
Neither party herein shall be liable to the other for special, indirect, incidental or
consequential damages of any nature arising out of, or related to the performance of this
agreement, whether founded in negligence, strict liability, warranty or breech of contract.
14. Insurance.
The Consultant shall be responsible for maintaining, during the term of this Agreement
and at its sole cost and expense, the types of insurance coverage's and in the amounts
described below. The Consultant shall furnish evidence, satisfactory to the City, of all
such policies. During the term hereof, the Consultant shall take out and maintain in full
force and affect the following insurance policies:
a. Commercial General Liability insurance, insuring the City and the Consultant against
loss or damages arising from premises, operations, independent contractors and
personal injury and advertising injury. The City shall be named as an insured under
the Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City, with minimum liability limits of $1,000,000 combined
single limit for personal injury, death or property damage in any one occurrence.
b. Such workmen's compensation and other similar insurance as may be required by
law.
c. Professional liability insurance with minimum liability limits of $1,000,000.
d. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
Page 4 of 8 Agreement for Consultant Services
15. Indemnification.
The Consultant shall indemnify, defend and hold harmless the City and its officers,
agents and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, including reasonable
attorney fees, to the extent of any negligent acts, errors or omissions of the Consultant, its
officers, agents, employees, or any of them in the performance of this Agreement except
for injuries and damages caused by the negligence of the City. If a final judgment is
rendered against the City, its officers, agents, employees and/or any of them, or jointly
against the City and the Consultant and their respective officers, agents and employees,
or any of them, the Consultant shall satisfy the same to the extent that such judgment was
due to the Consultant's negligent acts or omissions. Consultant's duty to defend
hereunder shall be to the extent of their negligent acts, errors or omissions.
16. Assi ng ment•
Neither party to this Agreement shall assign any right ar obligation hereunder in whole or
in part, without the prior written consent of the other party hereto. No assignment or
transfer of any interest under this Agreement shall be deemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice
to the Consultant if the services provided for herein axe no longer needed from the
Consultant.
If this Agreement is terminated through no fault of the Consultant, the Consultant shall be
compensated for services performed prior to terrriination in accordance with the rate of
compensation provided in Exhibit "B" hereof.
19. Parties in Interest.
Page 5 of 8 Agreement for Consultant Services
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
20. Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in the county in Washington State in which the property or project
is located, and if not site specific, then in King County, Washington; provided, however,
that it is agreed and understood that any applicable statute of limitation shall commence
no later than the substantial completion by the Consultant of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid far any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
24. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party.
Page 6 of 8 Agreement for Consultant Services
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
Peter B. Lewis, Mayor
Attest:
lt~~:~:~- Z` "--j
Danielle E. Daskam, City Clerk
CONSULTANT
Name: Edward A. Smith
Title: Branch Manager
Page 7 of 8 Agreement far Consultant Services
STATE OF WASHINGTON )
) ss.
COUNTY OF -fI
+
ON THIS da of a(2 <<-I , 200i O , befare me, personally
appeared and , to
me known to be the 1 AAC°_A1 ~_A~~'~~ and
of the Contractor, the party(ies) who executed - the corporation/company that executed the within and
foregoing instrument, and acknowledged said instrument to be his/her/their the free and voluntary act and
deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that
they were authorized to execute said instrument.
GNEN under my hand and official seal this day of )U (~---I , 209' l G
Notary Public
NOTA&~`' PUBLIC in apdfor the tate of
State of Washington
~
EMILY OZEAL MCCONNELL Washington, residing at r'1R ~
MY COMMISSION EXPIRES My Commission Expires: ev:
Novamber 12, 2013
Page 8 of 8 Agreement for Consultant Services
CITY OF AUBURN
AGREEMENT FOR CONSULTANT SERVICES
EXHIBIT A
SCOPE OF WORK
Consultant to provide construction materials testing and reporting services as
required by the 2006 International Building Code (IBC), as adopted by the City of
Auburn and the Project Contract Documents.
These services to be provided at the Les Gove Park Campus Expansion
Project - Auburn Activity Center, located at 910 9th Street SE, Auburn, WA
98001.
Testing and reporting services include, but are not limited to soils, asphaltic
concrete, re-inforced concrete, pervious concrete, masonry, non-destructive
testing, structural steel visual weld / bolting, lateral framing and related
construction materials testing and special inspection services.
Page 1 of 1 Exhibit A- Scope of Work
CITY OF AUBURN
AGREEMENT FOR CONSULTANT SERVICES
EXHIBIT B
COMPENSATION
Consultant shall provide services as described in the scope of work (Exhibit A)
for a not-to-exceed fee of $ 4,782.00
Consultant shall invoice monthly for services and expenses completed during
that month.
Compensation for Additional Services:
Additional Services Labor and Expenses Rate:
As per attached Proposal 724-22112 dated May 21, 2010.
Page 1 of 1 Exhibit B- Compensation
CITY OF AUBURN
AGREEMENT FOR CONSULTANT SERVICES
EXHIBIT C
DURATION OF AGREEMENT
Upon receipt of a written Notice to Proceed, the Consultant shall compiete all
services as described in the scope of work (Exhibit A) within 224 calendar days.
Page 1 of 1 Exhibit C- Schedule
N,dL%; Infonnation
.To Burld On
Engineerfng • Consult)ng • TesiPng-
May 21, 2010
Mr. Steve Burke Telephone: 253-931-3039
City of Auburn - Facilities Facsimile: 253-804-3116
25 West Main Street
Auburn, WA 98001
SUBJECT: Construction Materials Testing and Special Inspection
PSI Proposal No: 724-22112
Dear Mr. Burke,
Professional Seivice Industries, ulc. (PSI) is pleased to submit this proposal for constiuction
materials testing and special inspection for the Les Gove Activity Center Expansion located at
910 9`h Street in Auburn, WA
We understand our services will include but may not be limited to: soils/asphalt, reinforced
concrete, masonry, non-destructive testing, stnicti7ral steel visual weld/bolting, lateral fiaming
and related construction materials testing and special inspection services.
PSI will provide trained technical persomiel to perfonn testing and inspection services as
requested, in general accordance with project specifications and as directed by the client or
designated client representative. Services requested but not listed herein will be billed at our
standard unit rates.
PSI's seivices will be provided on a tmit rate basis in accordance with the Scliedule of Fees,
Charges and General Conditions, of which are both enclosed herewith and incorporated into this
proposal. The attached cost estimate is anticipated to be used as a budget for services only. It
does not represent a maximiml or minimum fee.
Please irote tliat before tive begin ouf• sei•vices, ►ve »:ust i-eceive a sigired copy of tliis proposal
intacL Wl:eir retrrr»ing the proposal, please con:plete tJre attached Report Distribution List so
that we can propei•ly estublish youf• file.
Professional Service Induslries, Inc. - 10025 South Tacoma 1Vay,#N 1-Tacoma, WA 98499 -253-589-I $04 -253-589-2136
s
/'7"■
~Zff ,
ENGINEERING, CONSULTING, MATERIALS TESTING & SPECIAL INSPECTIONS
City of Auburn
PSI Proposal No: 742-22112
May 21, 2010
PSI appreciates the opportunity to offer its services. If you have any questions, please contact
myself or James Marshall at (253) 589-1804.
Respectfiilly submitted,
~
Edward A. Smith Jame . arsllall .
Branch Manager Business Development Coordiilator
Attachments: General Conditions
Report Distribution List
AGREED TO THIS DAY OF , (YEAR)
BY:
TITLE:
PRINTED NAME:
FIRM:
lp_~:
ENGINEERINC, CONSULTING, MATERIALS TESTING & SPECIAL INSPECTIONS
City of Auburn
PSI Proposal \To: 742-22 1 1 2
vlay 21, 2009
ANTICIPATED PROJECT BUDGET
FOR
LES GOVE ACTIVITY CENTER
TYPE
UIVITS UNIT RATE TOTAL
CO
NCRETE
Concrete Tecluiician
(Footings)
8 liours
S48.00 / hr
5384.00
Concrete Technician
( Slab on Grade)
5 hours
$48.00 / hr
$240A0
Concrete Techniciau
(Walls)
4 lloiirs
$48.00 / lir
$192.00
Concrete Technician
(Non Shrinlc Grout)
4 hours
S48.00 / lir
S 192.00
Special Inspection Epoxy Expansion Anchor
Installatiou
4 hours
S48A0 / lir
$192.00
Concrete Compression Samples
24 each
S 18.00 / ea
$432.00
Sam le Pickup
6 each
$40.00 / ea
$240A0
Trip Charge
7 each
$15.00 / ea
$105.00
Re ort Pre aration & Distribution
7 each
$35.00 / ea
$245.00
Project vianagement
1.4 hours
$80.00 / lir
$112.00
Subtotal $2,334.00
TYPE
UNITS
iJNIT RATE
TOTAL
STRUC
TURALSTEEL
Structural Steel Visuai Weld/Bolting
(Fabrication Shop)
8 hours
$SSAO / lir
$440.00
Structural Steel Visual Weld/Bolting (Site)
12 hours
$55.00 / lir
$660.00
Trip Charge
(AISC Approved Fabrication Shop)
2 each
TBD / ea
TBD
Tri Char e(Site)
3 each
515.00 / ea
S45.00
Re ort Pre aration & Distribution
5 each
$35.00 / ea
$175.00
Project Management
1 hour
$80.00 / lir
580.00
Subtotal $1,400.00
NAILING / VENEER a\C
HOR
Special Inspection (Roof Diaphragin)
4 hours
$48.00 / lir
$192.00
Special Inspection (Shear Wall/Holdou~ns)
8 hours
$4$.00 / hr
$384.00
Special Inspection (Veneer Anchor)
4 hotrrs
$48.00 / hr
$192.00
Trip Charge
4 each
S15.00 / ea
$60A0
Re ort Pre aration & Distribution
4 each
$35.00 / ea
$140.00
Project Management
1 hours
$80.00 / lir
$80.00
Subtotal $1,048.00
.
E\GINEER[NG, CONSULTING, MATERIALS TESTING & SPECIAL INSPECTIONS
City of Auburn
PSI Proposal \o: 742-22 1 1 2
iviay 21, 2009
ANTICIPATED PROJECT BUDGET
FOR
LES GOVE ACTIVITY CENTER
BUDGET TOT,ALS
TYPE
TOTAL
Concrete
$2,334.00
Structural Steel
S1,400.00
Nailing / Veneer Anchor
S 1,048.00
ANTICIPATED PROJECT TOTAL
$4,782.00
REMARKS:
Mspection services overtime is charged at 1.5 times the basrc rate. Overtime rate applies to all work in excess of 8
per day, or work peitormed before 7:00 AM or after 330 PM, and on Sundays & Saturdays. Work performed during
acognized holidays is charged 2.0 times the basic rate.
To belter serve our clienfs (reld inspection services shou/d be scheduled by 3:30 PM fhs day before services are
A minimum ot 4 hours will be charged portal to poital per assigned field inspector and any late cancelfations.
9. All contaminated soils and material tests will be charged lwice the amount indicated in this fee schedule and the
material will be retumed to client for disposal, after the test rs perfamed.
5. A!l samples will be disposed of after comp/etion ot testing. Samp/es with Non-coniormance test results wil/ be retained
Ior 10 days after completion of testing.
6. Should it be necessary, tests not capable of being performed in our Tacoma laboratory will be sub-contracted to a
qualifred testing provider. The use of outside testing sources shall not jeopardize quality and shag be clearly identified on the
frnal report should they be used.
L7 Per 2006 IBC Plans dated: 3117109
GENERAL CONDITIONS
1 PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. (hereinafter referred to as "P5i") shail include said company or its particular division, subsidiary or aBiliate performin e
~ \General eans the specific geotechnical, anatytical, testing or other ser vice to be performed by PSI as set forth in PSI's proposal, Ciient's acceptance thereot and these Geneal Con ~ ns.
k ordered by Client shall alsu be subject to these 6enerai Conditions. "Client" refers to the person or business entity ordering the vrork to be done by PSI. lf Client is orderin work
ooiher, Client represenls and vrarrants ihat it is the duly authorized agent of said party for ihe purpose of ordering and directing said vrork. Uniess athenvise stated in ~v ' g, Client
aresponsibiliry tor determining v~hether the quantity and the nature of the work ordeted by ihe client is adequate and suflicient for Clienl's intended purpose. Client shail municate
ionditions to each and every third parly to whom Client iransmits any paR of PSI's work. PSl shall have no dury or obligalion to any third party greater than that st f in PSI's proptance thereof and ihese General Conditions. The ordering oi ~vork irom PSI, or the reliance on any oi PSI's vrark, shall constitute acCeptance of the terms proposal and
iC'lions, regardless of ihe terms o1 any subsequentty issued dacumenf.
2. TESTS AND INS TfONS: Client shali cause all tests and inspections of the site, materials and work pertormed by PSI or otners to be timeN and property performe accordance with the
plans, specifications a antract documents and PSI's recommendations. No claims for loss, damage or injury shall be brought against PSI by Client or any third parry ess ail tests and inspac-
tions have been so peAo d N and unless PSI's recommendations have 6een tallowed. Client agrees to indemnify, defend and hold PSI, its otticers, employees and age harmless from any and ali
claims, suits, losses, costs expenses, includinp, but not limited to, court costs and reasonable attorney's lees in the event that all such tests and inspeclions ar ot so pertormed or PSI's rec-
ommendations are not so toll d except to the exlent that such taiiure is the resuit of the negligence, ivilliul or wanton act or omission of PSI, its officers, agen r employees, subject to the lim-
itation conlained in paragraph 9.
3. SCHEOULING OF WORK: The se es set farth in PSI's proposal aod Ciient's acceptance v~ill be accomplished in a limely, vrorkmaniike and profession anner by PSI personnel at the prices
quoted. lf PSI is required to delay co ncement of the vrork or it, upon embarking upon its ~vork, PSI is required to stop or interrupt the progress of i ork as a result of changes in Ihe scope
o( the v~ork requested by Client, to fultill t equirements of third parties, interruptions in the progress of construclion, or other causes beyond ihe direc asonable cantroi of PSI, additional charges
%~rill be applicable and payable by Ciient.
4. ACCESS TO SiTE: Client ~vill arrange and pr e such access fo the site as is necessary for PSI to periorm the ~~~ork. PSI shall take reasonab easures and precautions to minimize damage to
ihe site and any improvements located thereon as resul[ of its vrork or the use of ils equipment; hovrever, PSI has not included in its fee the of restoration of damage ~vhich may occur. If Client
desires or requires PSI to restore the site to its form ondition, upon e~ritten request PSI %-rill perform such additionai viork as is necessary do so and Client aprees to pay to PSI tor the cost.
5. CLIENT'S DUTY TO NOTIFY EN~INEER: Ciient repres and warranis that it has advised PSI of any knovrn or suspected hazardous rials, utiliry lines and poilutants at any site at which PSI is
to do vrork hereunder, and unless PSi has assumed in vrri the responsibility of incating subsurlace objects, structures, lines or con s, Client agrees to detend, indemni(y and save PSI harmless
irom all claims, suits, losses, costs and expenses, including onable attorney's fees as a result of personai injury, death or prope amage occurring ~vith respect to PSI's per(ormance o( its work
and resulting to or caused by cantact with subsurface or latent ' cts, structures, lines or conduits ~vhere the actual or pmeotial sence and IDcation thereof ~vere not revealed to PSI by Client.
6. RESPONSIBILITY: PSI's ~vork shall not include determining, su ising or implementing ihe means, melhad/on quences or procedures of construclion. PSI shall not be responsi-
61e for evaluatinp, repnrtinp or aftecting job conditions conceraing h , safery or weltare. PS!'s svork or (ailure shall not in any way excuse any contractor, subcontractor or sup-
plier Irom performance of its ~vo~k in accortlanca with the contract doc nts. PSI has no right or duty to stop work.
7. SAMPLE DISPOSAI: Unless ofherwise agresd in ~vriting, iest specimen samples will be disposed immediaetion of the tesL All drilling samptes of specimens will be disposed
sixty (60) days aHer submission of PSI's report.
8. PAYMENT: Clieni shall be invaiced once each month for work performed duri e preceding period. Clien rees to pay each invoice within thirty (30) days of its receipt. Client fuAher agrees
to pay interest on ail amounts invoiced and not paid or objected to for valid cause i 'ting v~ithin said thi 0) day period at tha rate of eighteen (18) percent per annum (or the maximum inter-
est rate permitled under applicabie la~v), uniil paid. Client agrees to pay PSI's cost of ction ot all am s due and unpaid after sixty (60) days, including court costs and reasonable ariornay's
tees. PSI shall not be bound by any provision or agreement requiring or providing for a' ration of di tes or controversies arising out of ihis agreement, any provision viherein PSI v~aives any
rights io a mechanics' lien, or any provision conditioning PSl's right io receive payment for vrork n payment to Client by any third party. These General Condilions are nolice, ~vHere required,
that PSI shall tile a lien vrhenever necessary to collec[ pasi due amounts. Failure to make pay t in 30 days of invoice shall constitute a release of PSI Irom any and all claims which Ciient may
have, ~~hether in tort, contracl or otherviise, and ~vhelher knovin or unknowm at the time.
9. WARRANTY: PSI'S SERVICES WILL BE PERFORMED, ITS FINDlNGS OBTAINED AND ITS OR REPARED IN ACCOROANCf WITH ITS PflOPOSAL, CLIENT'S ACCEPTANCE THEREOF THESE
GENERAL CONDITIONS, AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTIC . IN PER ING ITS PROFESSIONAL SERVICES, PSI WILI USE THAT DEGREE OF CARE AND SKlll
ORDINARIIY EXERCISEO UNDER SIMIIAR CIRCUMSTANCES BY MEMBERS OF ITS FESSION. T ARRANTY IS IN LIEU OF AlL OTHER WARRANTIES OR REPRESENTATIONS, EITHER
EXPRESS OR IMPLIEO. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BAS PON ENGINEERI UDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT.
E OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR
SHDULD PSI OR ANY OF ITS PROFESSIONAI EMPLOYEES BE fOUND TO HAVE N NEGLIGENT IN THE P \GREAT
IMPIIED WARRANTY, REPRESENTATION OR CONTRACT, CIIENT, ALL PART CLAIMING THROUGH CLIEPARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK
AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THf LIA8ILITY OF I, ITS OFFICEflS, EMPlOYEETS SHAII BE LIMITED TO $25,000.00 OR THE TOTAL AMOUNT OF THE
FEE PAID TO PSI FOR ITS WORK PERFORMED WITH RESPECT TO TNE JECT, WHICHE4ER AMOUNT IS IN THE EVENT Cl1EN
T IS UNWILLING OR UNABLE TO LIMIT PSI'S LI IN IN ACCORDANCE WITH THE PROVISIONS FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST
OF CLIENT RECEIVED WITHIN FIVE DAYS OF CIIENT'S ACCEPTk HEREOF, INCREASE THE LIMIT Of PSI'S LIABILI $250,000.00 OR THE AMOUNT OF PSI'S fEE, WHICHEVER IS THE
GREATER, BY AGREEING TO PAY PSI A SUM EQUIVALENT TO DDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE RGEO FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CON-
STRUED AS BEING A CHAR6E FOR INSURANCf OF ANY TYP T IS INCREASED CONSIDERATION FOR THE GREATER LIABIL9V INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY
PSI IN CONNECTION WITH ANY CLAIM SHALL REOUCE T MOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPL ANY PRUJECT.
NO AGTION OR CLAIM, WHETHER IN TORT, CONTRACTA OTHERWISE, MAY BE BROUGNT AGAINST PSI, ARISING FROM OR RELA~ TO PSI'S WORK, MORE THAN TWO YEARS AFTER 7HE
CESSATION Of PSI'S WORK HEREUNDER. /
10. INDEMNITY: Subject to the foregoing fimitati , PSI agrees to indemnity and hold Client harmless irom and against any and all claim\,,es s and expenses including reasonable attor-
ney's tees and court costs arising oul of PSI's n gence to the exlent of PSI's negligence. Client shall provide the same protection to the exgligence. ln ihe event Ihat Client or Client's
pnncipal shalt bring any suit, cause of action im ar caunterclaim against PSI, the party initiating such action shall pay to PSI the costs aincurred by PSI to inves tigate, answer and
detend it, including reasonable attorney's a ritness fees and court costs to the extent that PSI shall prevail in such suit.
11. TERMINATION: This Agreement m e terminated by either party upon seven days' prior vvririen notice. In the event of termination, PSI shall be pensated by Client tor all services per-
iormed up to and including the termi on date, including reimbursable expenses, and tor Ihe completion of such services and records as are necessary face PSI's tiles in order andlor protect
its professianal reputation.
12. EMPLOYEES1141TNESS FE . PSI's employees shall not be retained as expert witnesses except by separate, ~~rritien agreement. Client agrees to pay PSI's expenses, administrative cosls
and fees pursuant to PSI's i current fee schedule (or PSI to respond to any subpoena. Client agrees not to hire PSI's employees except through PSI. In the e Client hires a PSI employee,
Client shall pay PSI an a t equal io one-halt of the employee's annuatized salary, wilhout PSI vraiving other remedies it may have.
13. HAZARDOUS MAT ALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status o1 an owner, operator, ge tor, storer, transponer,
treater or disposal i ty as those terms appear +vithin RCRA or ~vithin any Federal or State statute or regulation goveming the generation, transportation, treatment, siora nd disposal of pollu-
tants. Client assu tull responsibiliry tor compliance ~vith the provisions of RCRA and any other Federal or State statute or regulation governing fhe handling, t~eatment, s e and disposal of
pallutanis.
14. PROUI S SEUERABLE: The parlies have entered fnto this agreement in good faith, and it is the specitic intent of the parties that the terms of these General Conditions be e ced as virit-
ten. In 1 vent any of the provisions oi ihese General Condilions should be found to be uneniorceable, it shall be stricken and the remaining provisions shall 6e enforceable.
15. E E AGREEMENT: This agreement constitutes the entire understanding of 1he parties, and lhere are no representations, ~varranties or undertakings made other ihan as set lo~th h'. This
ag enf may be amended, moditied or terminated only in "vrilinp, signed by each of the parties herelo.
8/98
PSI B-900-11 (7)
PR03ECT INFORMATION AND
REPORT DISTRIBUTION LIST
*We are going paperless. We will be distributing ali reports through email. If hard copies are required,
please indicate this by noting that in the :"Email Address" field
Reports Eo be Distributed
(PLEASE CHECK YES OR NO)
Project Name: Permit # YES NO
Project Address: 0 11
Site Contact:
ML- _ Site Fax:
J~ie rn~nC.
PSI Ciient Name:
Client Address:
Client Phone: Client Fax:
Attn:
Email address:
if different than above:
Billing Name:
Billing Address:
Architect:
Maiiing Address:
Cantact Name:
Phone:
Fax:
Email address:
0 ~
Structural Engineer:
Mailing Address:
Contact Name:
Phone:
Fax:
Email Address:
~ 0
Local Municipality:
Mailing Address:
Contact Name:
Phone:
Fax:
❑ ~
Contractor:
Mailing Address:
Con#act Name:
Fax:
Phone:
Email Addr2ss