HomeMy WebLinkAbout92-0610 HLR 9a-0610
RESOLUTION
AUTHORIZING EXECUTION OF A CONSTRUCTION ENGINEERING SERVICES
AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute a Construction Engineering Services Agreement on
behalf of the City of Elgin with Hampton, Lenzini and Renwick,
Inc. for the North McLean Boulevard improvement, a copy of
which is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 10, 1992
Adopted: June 10, 1992
Omnibus Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Elm
�- Agenda Item No .
May 21, 1992
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: North McLean Boulevard Improvement
Construction Engineering Services
PURPOSE: This memorandum will provide the Mayor and Council
with information to consider authorizing an agreement with
Hampton, Lenzini and Renwick, Inc. for construction engineering
services for the subject project.
BACKGROUND: The design of this project was begun in the latter
part of the 1970 's as a four-lane facility with the engineers g
services being performed by Walker Parking Consultants throw h
their civil engineering branch. The project was set ass e
because it was determined that because development in that pa t
of Elgin had slowed down, a four-lane highway was not necessazy
at the time. Then in 1988 the project was revived with the
engineering services again being provided by Walker.
As you know the project was delayed because of the installation
and revisions to several utilities in the McLean right-of-way.
The latest being the McLean/Randall Interceptor Sewer that will
be installed this year. The award for the construction of the
new roadway was made by the City Council on May 13, 1992 .
Construction engineering services for the Big Timber (McLean to
Randall) roadway project will be provided by Hampton, LenziOi
and Renwick, Inc. (HL&R) per authorization by the City Council
on March 11, 1992 approved by the Illinois Department off
Transportation by letter dated April 27, 1992 . It was
determined that there would be a savings to have the same firm
perform the construction engineering services for the McLean
project. Walker was contacted and had no objection because they
are no longer able to provide that service. Therefore, vie
contacted HL&R and they have provided us with an agreement, la
copy of which is attached for your consideration.
Mayor and Members of
the City Council
May 21, 1992
Page 2
The Construction Engineering Services Agreement for McLean is
identical in content to the one for Big Timber except for
reference to Federal participation and an insurance paragraph
regarding coverage by the project contractor. The calendar days
for the engineering services is 217 for McLean and is 210 for
Big Timber which is due to the later start for the McLean
project because of the interceptor sewer installation.
FINANCIAL IMPACT: The engineering fee for the Big Timber
project is a not to exceed amount of $265,254 .26, whereas the
engineering fee for the McLean project is a not to exceed amount
of $154,422 . 32. The money to pay for this service would come
from the 1988 Bond Fund 388-982-9902 .
RECOMMENDATION: It is recommended that the City Council
authorize execution of the Construction Engineering Services
Agreement with Hampton, Lenzini and Renwick, Inc. in the amount
of $154,422.32 and direct the staff to prepare the necessary
resolution.
.Gita
S' L. R'c=, C ty Manager
do
Attachment
r
)14 ,,th' /7,,.,_,i-j-e,-
CONSTRUCTION ENGINEERING SERVICES AGREEMENT
Local Agency Consultant
Municipality: Elgin Name: Hampton, Lenzini and Renwick, Inc.
County: Kane Address: 380 Shepard Drive
Township: Elgin City: Elgin
Section: 91-CS State: Illinois
Project: North McLean Boulevard Zip Code: 60123-7010
Improvements
THIS AGREEMENT is made and entered into this // day of
ti,,,E , 19 672, between the above Local Agency (LA)and Consultant
(ENGINES and covers certain professional engineering services in connection with the
construction of the above PROJECT. General Funds will be used entirely or in part to finance
engineering services as described under AGREEMENT PROVISIONS.
WHEREVER IN THIS AGREEMENT the following terms are used, they shall be
interpreted to mean:
STATE Illinois Department of Transportation
DISTRICT ENGINEER District Engineer, Department of Transportation
RESIDENT ENGINEER LA employee directly responsible for construction of
the PROJECT
CONTRACTOR Company or companies to which the construction
contract was awarded
Sheet 1 of 11
PROJECT DESCRIPTION
Name North McLean Boulevard Length 0.868 Miles
Termini From approximately 460 feet north of Big Timber Road to approximately 610 feet
north of Holmes Road
Description: Total reconstruction of North McLean Boulevard to an urban section including
storm sewers, curb and gutter, restoration, traffic signals and other appurtenant
construction.
AGREEMENT PROVISIONS
THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the following engineering services for
the LA in connection with the proposed improvement hereinbefore described and checked
below:
a.(X) Proportioning and testing of concrete mixtures in accordance with the
"Manual of Instructions for Concrete Proportioning and Testing" issued by the
Bureau of Materials and Physical Research of the STATE and promptly
submit reports on forms prepared by said Bureau.
b.(X) Proportioning and testing of bituminous mixtures (including extraction test)
in accordance with the "Manual of Instructions for Bituminous Proportioning
and Testing" issued by the Bureau of Materials and Physical Research of the
STATE and promptly submit reports on forms prepared by said Bureau.
c.(X) All compaction tests as required by the specifications and report promptly the
same on forms prepared by the Bureau of Materials and Physical Research.
d.(X) Quality and sieve analyses on local aggregates to see that they comply with
the specifications contained in the contract.
e.(X) Testing and review of all materials when testing is not provided at the sources
by the Bureau of Materials and Physical Research of the STATE and submit
test reports to the LA and the STATE in accordance with the policies of the
said STATE.
Sheet 2 of 11
f.(X) Review, document and inform the RESIDENT ENGINEER of the adequacy
of the establishment and maintenance of the traffic control.
g.(X) Geometric control including all construction staking and construction layouts.
h.(X) Quality control in the construction work in progress and the enforcement of
the contract provisions in accordance with the STATE Construction Manual.
i.(X) Measurement and computation of pay items.
j.(X) Maintain a daily record of the CONTRACTOR'S activities throughout
construction including sufficient information to permit verification of the
nature and cost of changes in plans and authorized extra work.
k.(X) Preparation and submission to the LA in the required form and number of
copies, all partial and final payment estimates, change orders, records,
documentation and reports required by the LA.
2. Engineering services shall include all equipment, instruments, supplies, transportation and
personnel required to perform the duties of the ENGINEER in connection with the
AGREEMENT.
3. To furnish the services as required herein within 24 hours of notification by the RESIDENT •
ENGINEER or authorized representative.
4. To attend conferences and visit the site of the work at any reasonable time when requested
to do so by the LA.
5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or
transferred to any other party or parties without the written consent of the LA. The consent
to sublet, assign or otherwise transfer any portion of the services to be furnished by the
ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the
fulfillment of this AGREEMENT.
6. That payment by the LA shall be as hereinafter provided. The ENGINEER shall submit
invoices based on his progress reports to the RESIDENT ENGINEER no more than once
a month for partial payment on account for his work completed to date. Such invoices shall
represent the value to the LA of the partially completed work, based on the sum of the
actual costs incurred plus a percentage (equal to the percentage of the construction
engineering completed) of the fixed fee for the fully completed work.
Sheet 3 of 11
7. That the ENGINEER is qualified technically and is entirely conversant with the design
standards and policies applicable to improvement of the PROJECT; and that he has
sufficient properly trained, organized and experienced personnel to perform the services
enumerated herein.
8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER'S work and'
correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence.
9. That the ENGINEER will comply with applicable Federal Statutes. State of Illinois Statutes
and local laws or ordinances of the LA.
THE ENGINEER FURTHER AGREES,
to comply with all applicable Equal Employment and Nondiscrimination Acts, Executive Orders
and Regulations required by the U.S. Department of Transportation (DOT) including:
a. 23 USC 710.405(b), Nondiscrimination on Basis of Sex in Right-of-Way
Acquisition.
b. 42 USC 2000d-1, Title VI of the Civil Rights Act of 1964 (Nondiscrimination
on Basis of Race, Color or National Origin).
c. 49 CFR 21, Nondiscrimination in DOT Programs.
d. 49 CFR 23, Participation by MBE's in DOT Programs.
It is the policy of the U.S. Department of Transportation that Minority Business
Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity
to participate in the performance of contracts/agreements financed in whole or
in part with Federal funds under this AGREEMENT.
The ENGINEER agrees to ensure that minority business enterprises, as defined
in 49 CFR Part 23, have the maximum opportunity to participate in the
performance of this AGREEMENT. In this regard, the ENGINEER shall take
all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure
that minority business enterprises have the maximum opportunity to complete
for and perform portions of this AGREEMENT. The ENGINEER shall not
discriminate on the basis of race, color, national origin or sex in the selection
and retention of subcontractors, including procurement of materials and leases
of equipment.
Sheet 4 of 11
Failure to carry out the requirements set forth above shall constitute a breach of
this AGREEMENT and may result in termination of the AGREEMENT or such
remedy as deemed appropriate.
e. 49 CFR 27, Nondiscrimination on Basis of Handicap.
THE LA AGREES,
1. To furnish a RESIDENT ENGINEER to be in responsible charge of general supervision o'
the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. That for the performance by the ENGINEER of the services set forth above, the LA shall
pay the ENGINEER on the following basis of payment:
Amount of Basic Fee. The ENGINEER shall receive, as full payment for completing all
work required of him under this AGREEMENT, a basic fee consisting of payment for the
items shown in Section 4a, b, c and d hereof.
a. The ENGINEER shall be reimbursed for his actual costs related to the salaries
of his employees for the time directly attributable and properly chargeable to the
PROJECT under the terms of this AGREEMENT, including salaries of
principals of the ENGINEER for time they are productively engaged in work
necessary to fulfill the terms of this AGREEMENT. A tabulation showing the
present regular hourly salary range for each class of employee expected to work
on this PROJECT is shown on Exhibit A.
The classifications of the employees used in the work should be consistent with
the employee classifications and estimated manhours shown in Exhibit E. If the
personnel of the firm, including the Principal Engineer, perform routine services
that should normally be performed by lesser-salaried personnel, the wage rate
billed for such services shall be commensurate with the work performed.
In the event that additional classes of employees must be utilized or if salary
adjustments are made, the above data may be modified by agreement between
the ENGINEER and the LA.
Costs related to salaries shall include actual withholdings and contributions by
either the employee or the ENGINEER for the approved payroll burden items
set forth in Exhibits B and C of this AGREEMENT.
Sheet 5 of 11
b. The ENGINEER shall be reimbursed for his direct non-salary costs which are
directly attributable and properly allocable to the PROJECT.
(1) Direct non-salary costs paid by the ENGINEER may also include in-
plant and travel expenses. Travel expenses within the State of
Illinois only, that are necessary to fulfill the terms of this
AGREEMENT, may be directly charged to the PROJECT.
Reimbursable travel expenses shall include the reasonable cost of
meals, lodging, incidental expenses and transportation for regular
employees and principals of the ENGINEER only while away from
their regular place of duty and directly engaged on the PROJECT.
Travel expenses may be based on actual costs, or on an agreed per
diem or mileage basis, or on a combination of the two, provided the
resulting charge is reasonable. The ENGINEER will not be
required to submit receipts for reimbursement of in-plant and travel
expenses, but will be required to submit a detailed listing of such
actual expenses certified by him to be direct PROJECT costs that
are not included in overhead.
(2) The withholding provisions contained in Section 5a and 5b of this
AGREEMENT shall not apply to costs enumerated in Section 4b
above.
c. The ENGINEER shall be reimbursed for his actual overhead or indirect costs
to the extent that they are properly allocable to the PROJECT. Such costs shall
be established in accord with sound accounting principles and business practices.
Such costs are included in the overhead and expense rate set forth in Exhibits
B and C of this AGREEMENT. The rate shown in Exhibits B and C is
provisional for use in computing partial payments. Upon completion of the
PROJECT, final payment for indirect costs will be determined by audit of the
ENGINEER'S accounts to establish the actual indirect costs incurred during the
period of this AGREEMENT which are properly allocable to it.
d. The ENGINEER shall be paid a fixed fee (lump sum) of $19,817.19 to cover
profit only. The total amount payable, including actual costs, fixed fee and
contingencies, shall not exceed $154,422.32 for 217 calendar days of
engineering services provided under this AGREEMENT. The date of the first
calendar day for this AGREEMENT shall be the date of the first day of actual
construction by the PROJECT CONTRACTOR. In the event PROJECT
construction is suspended as recorded on the "Report of Starting and Completion
Date," the calendar days for this AGREEMENT will also be suspended for a
like amount of time. In the event the engineering services are not completed
upon expiration of the stated calendar days and remaining funds are not
sufficient to complete the PROJECT, adjustments in total compensation to the
Sheet 6 of 11
ENGINEER shall be determined through negotiation between the parties of this
AGREEMENT.
5. Partial Payments. The LA, for and in consideration of the rendering of the engineering
services enumerated herein, agrees to pay to the ENGINEER for rendering such services
the basic fee hereinafter established in the following manner:
a. For the first 50% of completed work, and upon receipt of monthly invoices
from the ENGINEER and the approval thereof by the LA, monthly payments
for the work performed shall be due and payable to the ENGINEER, such
payments to be equal to 90% of the value of the partially completed work (see
Section 6 of The Engineer Agrees) minus all previous partial payments made
to the ENGINEER.
b. After 50% of the work is completed, and upon receipt of monthly invoices
from the ENGINEER and the approval thereof by the LA, monthly payments
covering work performed shall be due and payable to the ENGINEER, such
payments to be equal to 95% of the value of the partially completed work (see
Section 6 of The Engineer Agrees) minus all previous partial payments made
to the ENGINEER.
c. Final Payment - Upon approval by the LA, but not later than 60 days after the
work is completed and all final measurements and reports have been made and
accepted by the LA, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid
to the ENGINEER under Section 5a and 5b of this AGREEMENT shall be due
and payable to the ENGINEER.
6. To require the CONTRACTOR to obtain and maintain Commercial General Liability
Insurance with broad form Property Damage coverage and contractual liability endorsement
insuring the indemnity required of the CONTRACTOR. The ENGINEER will be named
as additional insured on the CONTRACTOR'S Commercial General Liability insurance
policy. The additional insured endorsement included on the CONTRACTOR'S Commercial
General Liability policy will provide the following:
a. That the coverage afforded the additional insured will be primary insurance for
the additional insured with respect to claims arising out of operations performed
by or on behalf of the CONTRACTOR,
b. That if the additional insured has other insurance which is applicable to the loss,
such other insurance will be on an excess or contingent basis.
c. That the amount of the CONTRACTOR'S liability under the insurance policy
will not be reduced by the existence of such other insurance.
Sheet 7 of 11
d. That the additional insured will be given not less than 30 days prior written
notice of any cancellation thereof.
IT IS MUTUALLY AGREED,
1. That the ENGINEER and his subcontractors will maintain all books, documents, papers,
accounting records and other evidence pertaining to cost incurred and to make such
materials available at their respective offices at all reasonable times during the
AGREEMENT period and for three years from the date of final payment under this
AGREEMENT, for inspection by the LA.
2. That all services are to be furnished as required by construction progress and as determined
by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified
herein within a time considered reasonable to the LA after the CONTRACTOR has
completed the construction contract.
3. That all field notes, test records and reports shall be turned over to and become the property
of the LA and that during the performance of the engineering services herein provided for,
the ENGINEER shall be responsible for any loss or damage to the documents herein
enumerated while they are in his possession and any such loss or damage shall be restored
at his expense.
4. That this AGREEMENT may be terminated by the LA upon written notice to the
ENGINEER at his last known post office address, with the understanding that should the
AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services
completed and any services partially completed. The percentage of the total services which
have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The
fixed fee stipulated in Section 4d of The LA Agrees shall be multiplied by this percentage
and added to the ENGINEER'S actual costs to obtain the earned value of work performed.
All field notes, test records and reports completed or partially completed at the time of
termination shall become the property of, and be delivered to, the LA.
5. That any differences between the ENGINEER and the LA concerning the interpretation of
the provisions of this AGREEMENT shall be referred to a committee of disinterested parties
consisting of one member appointed by the ENGINEER, one member appointed by the LA,
and a third member appointed by the two other members for disposition and that the
committee's decision shall be final.
6. That, in the event the engineering and testing services to be furnished and performed by the
ENGINEER shall in the opinion of the LA be incompetent or inadequate, the LA shall have
the right to supplement the engineering and inspection force or to replace the engineers or
testing staff employed on such work.
Sheet 8 of 11
7. That the ENGINEER has not been retained or compensated to provide design and
construction review services relating to the CONTRACTOR'S safety precautions, except as
provided in Section 1 f of The Engineer Agrees.
SUCCESSORS AND ASSIGNS
That the LA and the ENGINEER bind themselves, their successors, executors and assigns
to the other party of this AGREEMENT and to the successors, executors, administrators and
assigns of such other party in respect to all covenants of this AGREEMENT.
Executed by the LA: City of Elgin of the State of Illinois, acting by
and through its City Council
ATTEST:
By By4-4/4"00e-
City Cler Mayor
(SEAL)
Executed by the ENGINEER Hampton, Lenzini and Renwick, Inc.
380 Shepard Drive
ATTEST: Elgin, Illinois 60123-7010
By /CoLo-A By ` )C`; C�
•
Secretary Presidents
(SEAL)
Sheet 9 of 11
CERTIFICATION OF ENGINEER
I hereby certify that I am the President and duly authorized representative of the firm of
Hampton, Lenzini and Renwick, Inc., whose address is 380 Shepard Drive, Elgin, Illinois
60123-7010 and that neither I nor the above firm I herein represent has:
a. employed or retained for a commission, percentage, brokerage, contingent
fee or other considerations, any firm or person (other than a bona fide
employee working solely for me or the above ENGINEER) to solicit or
secure this AGREEMENT;
b. agreed, as an express or implied condition for obtaining this AGREEMENT,
to employ or retain the services of any firm or person in connection with
carrying out the AGREEMENT; or
c. paid, or agreed to pay to any firm, organization or person (other than a bona
fide employee working solely for me or the above ENGINEER) any fee,
contribution, donation or consideration of any kind for, or in connection
with, procuring or carrying out the AGREEMENT.
In addition, I and the firm I herein represent:
d. are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency;
e. have not within a three-year period preceding this AGREEMENT been
convicted of or had a civil judgement rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to
obtain or performing a public (Federal, State or local) transaction or contract
under a public transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements or receiving stolen property;
f. are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (e) of this certification;
g. have not within a three-year period preceding this AGREEMENT had one
or more public transactions (Federal, State or local) terminated for cause or
default;
Sheet 10 of 11
Where the ENGINEER is unable to certify to any of the statements in this certification,
such ENGINEER shall attach an explanation to this AGREEMENT.
I acknowledge that this certificate is to be furnished to the LA in connection with this
AGREEMENT and is subject to applicable State and Federal laws, both criminal and civil.
By / a /c /9cZ
Presid: Date
CERTIFICATION OF LA
I hereby certify that I am the Mayor of the City of Elgin and that the above ENGINEER
or his representative has not been required directly or indirectly as an express or implied
condition in connection with obtaining or carrying out this AGREEMENT to:
a. employ or retain, or agree to employ or retain, any firm or person; or
b. pay, or agree to pay, to any firm, person or organization, any fee,
contribution, donation or consideration of any kind;
except as herein expressly states (if any);
I acknowledge that this certificate is furnished in connection with this AGREEMENT and
is subject to applicable State and Federal laws, both criminal and civil.
By4444.-6,d ' //, m
Mayor Date
Sheet 11 of 11
EXHIBIT A
RANGE OF DIRECT PAYROLL COSTS
Regular Time Overtime
Classification From To From To
Senior Engineer $25.00 $27.00 $25.00 $27.00
Engineer 5 23.00 25.00 23.00 25.00
Engineer 4 20.00 22.00 30.00 33.00
Engineer 3 18.00 20.00 27.00 30.00
Engineer 2 17.00 18.00 25.50 27.00
Engineer 1 16.00 17.00 24.00 25.50
Engineer in Training 13.00 16.00 19.50 24.00
Senior Technician 19.00 21.00 28.50 31.50
Technician 5 17.00 19.00 25.50 28.50
Technician 4 15.00 17.00 22.50 25.50
Technician 3 13.00 15.00 19.50 22.50
Technician 2 12.00 13.00 18.00 19.50
Technician 1 10.00 12.00 15.00 18.00
Technician - Temporary 6.00 10.00 9.00 15.00
Clerical 12.00 14.00 18.00 21.00
Clerical - Temporary 7.00 10.00 10.50 15.00
Accountant 11.00 13.00 16.50 19.50
EXHIBIT B
PAYROLL BURDEN AND FRINGE COSTS
% of Direct
Productive Payroll
Federal Insurance Contributions Act 10.33
State and Federal Unemployment Compensation 0.80
Workmen's Compensation Insurance 1.89
Paid Holidays, Vacations, Sick Leave 8.54
Employee-Established Pension Plans
and Relocated Allocations 5.09
Group Insurance and Bonus 22.89
TOTAL PAYROLL BURDEN AND FRINGE COSTS 49.54
•
EXHIBIT C
OVERHEAD AND INDIRECT COSTS
% of Direct
Productive Payroll
Administration, including supervision (excluding
salaries of principals for time they are productively
engaged in work necessary to fulfill the terms of
the Agreement), secretarial, clerical, bookkeeping
and library 11.28
Depreciation and Amortization 6.67
Insurance, including accident, liability, valuable papers 7.69
Income Tax 0.75
Travel Expense not assigned to clients 0.26
Professional Services 1.11
Miscellaneous Business Expense 25.16
52.92
,
. .
lANHDUR REQUIREMENTS PER TASK Date: MAY 18.1992
Project:ELGIN. NO MCLEAN 8OUL. SECTION 91'CS, KANE COUNTY
! | ?ROJECT : CONSTRUCTION | TYPING AND | RESIDENT � STAKING
: | ADMINISTRATION | GUIDANCE | PRINTING | INSPECTION : , ,
| SLASSlFICATlUN | HOURS | HOURS | HOURS | HOURS HOOS !
--_--__—_---_-------_—_—' --_____ --_---.. — _ [
--'—' ----------- ' -- -- ----'--
:SENIOR ENGINEER | III | | | ' �
;ENGINEER S | | � �
INGlNEER i . 95 1 � | 139 |
;ENGINEER J ' ! �| �
. .
;ENGINEER 2 . | | | | �
:ENGINEER I | | | | | |
;ENGINEER IN ',RAINING | | |
;SENIOR T[OMlClAM | | | | �
;TECHNICIAN 5 ' � | | |
;TECHNICIAN 4 � 1.933 / l'--it |
T[CHNlCIAN 3 | | �
;TECHNICIAN D � 196 �
;TECHNICIAN 1 | | | | | I96 �
;TECHNICIAN TEMPORARY | | | | | �
;CLERICAL � | | 95 �
;CLERICAL T[MPCRAF | | | | |
;ACCOUNTING | | | | |
TOTAL MANHOURS | ZOu � 1 � 95 | 2,272 , SSS �
-- — —_' I --
Prepare in conjuction with EXHIBIT 0
Hampton, Lenzini and Renwick, Inc.
Page :
1
MANHOUR REQUIREMENTS PER TASK Date: MAY 18,1992
Project:ELGIN, NO MCLEAN SOUL., SECTION 91-CS, KANE COUNTY
PAY DOCUMENTATION ; QUAULITI'
SHOP CHANGE
ESTIMATE CONTROL DRAWINGS ORDERS
CLASSIFICATION HOURS HOURS HOURS HOURS HOURS
;SENIOR ENGINEER
;ENGINEER
;ENGINEER 16 ; 10 1 2 16
;ENGINEER 3 •
:ENGINEER 2
'ENGINEER 1
;ENGINEER IN TRAINING
;SENIOR TECHICIAN
;TECHNICIAN 5
'TECHNICIAN 4 261
'TECHNICIAN 3
;TECHNICIAN 2
`TECHNICIAN 1
;TECHNICIAN TEMPO'2AR`'
;CLERICAL
;CLERICAL TEMPORARY
;ACCOUNTING
; TOTAL MANHOURS ; 16 271 ; 1 ; 2 16
Prepare in coniuction with EXHIBIT D
Hampton, Lentini and Renwick, Inc.
Pane
MANHOUR REQUIREMENTS PER TASK Date: MAY 18,1992
Project:ELGIN, NO MCLEAN BOUL., SECTION 91-CS, KANE COUNTY
RECORD '
DRAWINGS ;
CLASSIFICATION HOURS
;SENIOR ENGINEEF
ENGINEER 5
;ENGINEER 4
;ENGINEER 3
;ENGINEER 7 ;
.ENGINEER 1
;ENGINEER IN TRAIN:NG
;SENIOR TECHICIAN
'TECHNICIAN `-
;TECHNICIAN 4
TEC;'NICIAN '
:TECHNICIAN 2
'TECHNICIAN 1
;TECHNICIAN TEMPORARY
;CLERICAL ;
;CLERICAL TEMPORARY
;ACCOUNTING
TOTAL MANHOURS
Prepare in conduction with EXHIBIT D
Hampton. Lentini and Rer.wick. Inc.
Pane 3
� �
`
` ;
�
AVERAGE HOURLY PROJECT RATES
Hamnton. Lenzini and Ronwiok. Inc. Date: MAY 18. 1992
Project:ELGIN. NO MCLEAN 8UUL. SECTION 91'CS, KANE COUNTY
-- _ --- -- - _-� -
; Reference Model Ns. ; 1.,.,0 | PROJ;EC7 | CONST|RUCT0% | TYPI|MG AND kEC|DE@7 ,
A0hINIS'04Tl0N �UI0'ANC[ ` PRl'NTlNC ' {�5o�[CTI�N
� . . . . . „ .
.
' A7[ :CLASSIFICATION | SALARY % PART | WGT. RATE | % PART | W7� RAiE | % PART � WGT. RATE | � PART ! WGT. RATE
'��08 ENGINEER ' 2b 2� | �3 88 � l� 14 | 00 | 00 ! .00 � ��0 | .00 � �0 '
' � � � � [
;ENGINEER 5 | 23.49 | .0C .00 .00 .00 .00 .00 .00 .00
;ENGINEER 4 | 20.25 | 46.12 | �.34 | 180.30 | 20.25 | .00 | 10 | 14.92 | 3.02 |
;ENGINEER 3 | 18.60 | .00 .08 | | .00 . | .80 | .00 | .8C : .G( |
;ENGINEER 2 ! 17.75 .00 | .00 | | .00 | .08 | .00 | .00 | .00 |
;ENGINEER 116.25 .00 .00 .00 .00 .0'0 : .00 .00 |
;ENGINEER IN TRAINING | l� 70 | .00 ' .00 � | .00 | .00 | .00 ' 00 � 1 .
' � .
;SENIOR TECHNICIAN 20.00 .00 .00 .00 .00 .00 ' .00
100
;TE�NICIAN 5 | 17.88 | .;0 | .SO | | .00 | .00 | .00 ; .00 | .
|7[CMN{ClAN : | 1b.75 | .00 � .00 | | .00 | .00 | 0S : 85.08 � y25 '
;TECHNICIAN 3 | 13.90 | .00 | .00 | | .00 | .00 | A0 ' .00 | A0 !
;TECHNICIAN 2 | 12.29 | .00 ! .00 .80 | .C% | .00 | .00 | .6O :
;TECHNICIAN 1 | 11.18 | .00 | .00 | | .00 | .00 | .00 .00 )0 .
:TECHNICIAN TEMPORARY9.50 | .00 | .00 | | .00 | .00 | .00 | .00 | .00 :
;CLERICAL | 1335 | .00 .00 .00 100.08 | 13.35 | .00. . � U :
;CLERICAL TEMPORARY 9.30 .00 .00 .00 .0' .00 |
;ACCOUNTING ii.8� .00 .CN .00 .00 .00 y0
| AVERAGE PAYROLL RATE | | 100.0C : 23.48 | 100.80 | 20.25 | 100.00 | 13.3 | 100.00 1, !27 |
_-_�-
EXHIBIT D
Prepared By Hampton. Lenoni and Renwick, Inc.
Page 1
1 .
AVERAGE HOURLY PROJECT RATES
Hampton, Lenzini and Renwick, Inc. Date: MAY 16, 1992
Proiect:ELGIN, NO MCLEAN BOUL. , SECTION 91-CS, BANE COUNTY
Reference Mede. No. STAKING PAY DOCUM;ENTATION OUF;LITY ; SH;CP
EST IMATE CONTROL DRA'W;INC:S ;
CLASSIFICATION ; % PART WGT. RATE ; % PART ; WGT. RATE ' % PART WGT. RATE % PART WGT. RATE ; % PART '41,1 RATE
-
;SENIOR ENGINEER ; .00 .00 .00 ; .00 00 .00 .00 ; .00 .00 .)0
'ENGINEER 5 .00 .03 .00 .00 ; .00 .00 .00 .00 .00 .00
;ENGINEER 4 ; .00 ; .00 100.00 20.25 ; 3.59 .,. 100.00 ; 20.25 ' .00.00 20.25
;ENGINEER 3 ; .00 .00 ; .00 .00 • .00 ; .00 ; 00
;ENGINEER 2 ' .00 .00 ; .00 ; .00 .00 .00 00
;ENGINEER 1 ; .00 .00 ; .00 .00 .00 ; .00 00
;ENGINEER IN TRAINING ; .00 .00 .00 ; .00 .00 .00 00
;SENIOR TECHNICIAN .00 .00 ; .00 .00 .00 ; .00 ; 0f
;TECHNICIAN 5 ; .00 .00 ; .00 .00 .00 .00 OC
TECHNICIAN c ; 32.33 5.58 .00 96.31 16.13 .00 ; .00
;TECHNICIYN 3 .00 .00 .00 .00 ; .00 .00 ; .00
;TECHNICIAN 2 ; 33.33 ; 4.10 ; .00 .00 ; .00 ; .00 .0C
;TECHNICIAN 1 ; 33.33 3.73 ; .00 .00 .00 .00 .)0
;TECHNICIAN TEMPORARY ; .00 ; .00 ; .00 .00 ; .00 ; .00 .00
;CLERICAL ; .00 ; .00 ; .00 .00 .00 ; 00 .00
;CLERICAL TEMPORARY , .00 .00 .00 ; .00 .00 ; .00 .00
;ACCOUNTING .30 00 00 .00 .00 ; 00331
AVERAGE PAYROLL RATE ; 100.00 ; 13.41 100.00 ; 20.25 100.00 ; 15.86 ; 100.00 ' 20.25 ; 100.00 ; 20.2.
EXHIBIT D
Prepared By Hampton, Lenzini and Renwick, Inc.
"aqe 2
AVERAGE HOURLY PROJECT RATES
Hampton, Lenzlni and Renwick; Inc. Date: MAY 18, 1992
Project:ELGIN. NO MCLEAN SOUL., SECTION 91-CS, SANE COUNTY
Reference Mode. Nc. CHA:NGE RECORD
ORDERS DRPW;INGS
CLASSIFICATION. % PART WGT. RATE % PART WGT. RATE
,SENIOR ENGINEER .00 .00 .00
;ENGINEER 5 .00 .00 ; .00
;ENGINEER 4 100.00 20.25 .00
;ENGINEER 3 .00 .00 •
;ENGINEER 2 .00 .00
ENGINEER 1 .00 ; .00
,ENGINEER IN TRAINING .00 .00
'SENIOR TECHNICIAN ; .00 .00
;TECHNICIAN 5 .00 .00
;TECHNICIAN 4 ; .00 ; .00
'TECHNICIAN 3 ; .00 ; .00
;TECHNICIAN 2 .00 .00
:TECHNICIAN 1 .00 .00
;TECHNICIAN TEMPORARY ; .00 ; .00
:CLERICAL .00 ; ; .00
;CLERICAL TEMPORARY .00 .00
;ACCOUNTING .00 ; .00
; AVERAGE PAYROLL RATE 100.00 ; 20.25 .00
EXHIBIT A
Prepared By Hampton. Lenzini and Renwick. Inc.
Page 3
COST ESTIMATE OF CONSULTANT'S SERVICES
Hampton, Lenzini and Renwick, Inc. Date: MAY 18, 1992
Project:ELGIN. NO MCLEAN BOUL., SECTION 91-CS. KANE COUNTY
Reference Model Nc. 160 161 ESTIMA.TED;COST IN DOLLARS
' :OVERHEAD & ' IN-HOUSE ' ; SERVILES , % OF
, I
NUMBER OF ; PAYROLL ; FRINGE ; DIRECT SUBTOTAL ; PROFIT 8, TOTAL ; GRAND
ITEM MAN HOURS ; ' BENEFITS ; COSTS OTHERS : TOTAL
;PROD. ADMIINSTRATION 206.00' ,836.38; 4;955.87; 9.792.75; 1.637.65; : 11,430.40; 7.',01
;CONSTRUCT, GUIDANCE 1.00; 20.25; 20.75; ; 41.00; 6.86' 47.86) .03)
,'TYPING & PRINTING 95.00; 1,268.25; 1,299.45; ; 2,5677.70; 429.40; 2,997.10; 1 94:
:RESIDENT INSPECTION ; 2,272.00;39:237,44; 40,202.68; 779,440.12; 13,284.32; ; 92,724.94; 60.05:
;STAKING 588.00; 7,885.08; 3,079.05; 15,964.13; 2,660.69; 18,633.82; 12.07
;PAY ESTIMATES 16.00; 324.00; 331.97; 655.97; 109.70; 765.67; .50;
;DOCUMENTATION 271.00; 4,574.48; 4,687.01; 9,261.49; 1,548.80; : 10,810.29; 7.00
;QUALITY CONTROL 1.00; 20.25; 20.75; ; 41.00; 6.86;,0"16103.00:' 16,150.86' 10.40:
;SHOP DRAWINGS 2.00; 40.50; 41.50; 82.00; 13.71; 95.71; .06;
;CHANGE ORDERS 16.00; 324.00:' 331.97; 655.97; 109.70; ; 765.67` .50;
;RECORD DRAWINGS ;
II 1 I I
II
I 1 I 1 I
I
1 I
;TOTALS , * 3468.00;58.531.13; 59,971.00; .00; 118,502.13; 19,817.19; 16,103.00; 154,42.32; 100.01;
EXHIBIT E
(a)PROFESSIONAL SERVICES INDUSTRIES, INC.
*TO PROVIDE SERVICES FOR 217 CALENDAR DAYS.
Pace 1
CONSTRUCTION ENGINEERING NEGOTIATION MEETING
PROJECT: North McLean Boulevard
MEETING DATE: April 27, 1992
IN ATTENDANCE:
Melford Dahl City of Elgin
Joe Evers City of Elgin
Doug Paulus HLR
Bob Lenzini HLR
1. Calendar Days Services are to be Provided:
31 Weeks x 7 = 217 Days
2. Work Days:
Total Days 217
Minus Sundays 31
Minus Saturdays 31
Total Weekdays 155 Each
Saturdays 19 Each
(Provide Saturday services only in 1992.)
3. Hours Required Per Day:
Weekdays 8 Regular + 2 Overtime = 10
(Use 11 hours to account for overtime pay.)
Saturdays 8 Overtime
(Use 12 hours to account for overtime.)
4. Number of Construction Observers to be Provided: 1 Full Time
5. Engineer's Services Per Day:
Weekdays 2 Hours/Day
Saturdays 1 Hour/Day
6. Project Principal Time: None
7. Provide Construction Staking 3 Man Crew
8. Documentation Requirements:
Daily 1 Hour
Payment Estimate 2 Hours/Month
Change Orders 2 Hours/Month
9. Closing Documentation Requirements:
Payment Estimate 2 Hours
Other Documents 8 Hours
10. Project Administration 3 5% of above subtotal
11. Conferences 3 0% of above subtotal
12. Clerical 3.0% of above subtotal
13. Quality Control: By PSI (Include in HLR agreement)
Professional Service Industries, Inc.
tO10,111
May 1 , 1992
•
Mr. Robert Lenzini
Hampton, Lenzini & Renwick , Inc .
380 Shepard Drive
Elgin, Illinois 60123
Re : Construction Materials Testing
and Inspection Services
McLean Boulevard Improvements
Elgin, Illinois
PSI Number: 042-021
Gentlemen:
As per the April 29 , 1992 telephone conversation between
Mr. Robert Lenzini of Hampton, Lenzini & Renwick , Inc . and Mr .
John J . Balun of Professional Service Industries , Inc . , PSI is
pleased to submit the following proposal for providing
construction materials testing and inspection services for the
referenced project .
PSI proposes to provide experienced, technical personnel toy
perform the necessary testing and inspection services ir
accordance with project specifications . It is also proposed tO
accomplish the work on a unit price basis in accordance with the
attached Schedule of Services and Fees and that the work be
performed pursuant to the PSI General Conditions . Copies of th
PSI Schedule of Services and Fees and General Conditions ar
enclosed herewith and incorporated into this proposal . PSI '
fees would be determined by the actual amount of technical time
expended for this project and the amount of laboratory testing
performed .
Since all the parameters , including sources of supply, are
not yet knwon, this proposal is based on the best estimat
available to us and our best judgment of the quality contro
program desired. Based on this , we propose an upper limit cos
of $16 , 102 . 60 . A listing of units is enclosed that was used a
the basis for our pricing .
RECEIVED
MAY 1 199a
41- Rf
665 Tollgate Road,Unit'H' • Elgin, IL 60123 • Phone:708/931-71 10 • Fax:708/931-7125
PrdesekomWServioekWustries
Hampton, Lenzini & Renwick, Inc .
April 29, 1992
Page two of six
Due to the proximity of this project to our Elgin facility,
the mileage charge of 0 . 40 per mile will not be applied. In
addition, travel time between our facility and the job site will
be minimal thus resulting in a substantial savings .
PSI will proceed with the work on the basis of verbal
authorization; however, please sign and return one ( 1 ) copy of
this proposal intact . When returning the proposal,please
complete the attached Project Data Sheet so that your file can
be properly established .
PSI appreciates the opportunity to offer its services to
your project and looks forward to working with you during the
construction phase . You will be contacted within 5 days to
answer any questions you may have concerning the proposal and
the services that PSI can provide your project .
Respectfully submitted,
I1 A
'RO 0 SERVICE INDUSTRIES, INC.
Joh -dun
Dis riot Manager
Thor L. Moody
AO
Elgin Division Manager
JJB/TLM: clw
Attachments : Schedule of Services and Fees
Project Data Sheet
General Conditions
AGREED TO THIS DAY OF -, 1992
BY:
TITLE :
FIRM:
Hampton, Lenzini , & Renwick , Inc .
April 29, 1992
Page three of six
SCHEDULE OF SERVICES AND FEES
COMPACTION CONTROL
Sub-Base 32 Hour;
Base Course 16Hour;
Bituminous Concrete 9. : • _ _
144 Hour;
Cost : 144 Hours x $36 . 00/Hour = $5184 . 00
B.C.C . CONCRETE FIELD TESTING
Sidewalks , Driveways , Curb & Gutter, and Base Course 144 Hour.
Cost : 48 Hours x $32 . 00 = $1536 . 00
BITUMINOUS CONCRETE SURFACE. BINDER AND BASE
Bituminous Proportioning Plant Inspection - Per Ton 21796 Ton.
Cost : 21 , 796 Tons x $0 . 30 = $6538 . 80
(Minimum Charge - $ 150 . 00 Per Day)
Where the contractor has the option, and exercises
it, to utilize recycled materials in bituminous base
course or binder, an added fee will be necessary to
cover sampling of the bituminous stockpile and eight
to ten extractions to ascertain the composition of
the stockpile in accordance with IDOT standard procedures .
The work will be done for a lump sum fee .
Per Stockpile Evaluation $ 500 . 00
LABORATORY SERVICES
Compressive Strength Testing of Concrete Cylinders 44 Cylinder-
Cost : 44 Cylinders x $8. 95 = $ 393 . 80
Moisture Density Tests ( Standard) : 2 Test-
Cost : 2 Tests x $125 . 00 = $ 250 . 00
Total Lab: $ 643 . 80
ENGINEERING SERVICES :
Project Engineer 28 Hours
Cost : 28 Hours x $50 . 00 = $1400 . 00
Hampton, Lenzini & Renwick , Inc .
April 29 , 1992
Page four of six
MISCELLANEOUS
2 Days at a minimum charge for Asphalt= $ 300 . 00
Recycle Stockpile Sample Testing
1 x $500 . 00 = $ 500 . 00
TOTAL CHARGES
COMPACTION CONTROL $ 5184 . 00
P.C.C. CONCRETE $ 1536 . 00
BITUMINOUS CONCRETE S 6538 . 00
LABORATORY SERVICES $ 643 . 80
ENGINEERING SERIVCES $ 1400 . 00
MISCELLANEOUS CHARGES $ 800 . 00
TOTAL ESTIMATED COST $16 , 102 . 60
REMARKS
1 . Personnel rates quoted are based on an 8 hour work day, Monday
through Friday . Services performed outside of these hours and
on Saturdays , Sundays and holidays will be subject to overtime
rates . Rates are based on protal to portal time .
2 . All rates presented in this proposal are applicable to yourl
projects for the period through December 31 , 1992 , thereafter, all
rates quoted in this proposal are subject to escalation on January
1 , 1993 .
3 . Invoices will be submitted once a month for services rendered
during the prior month.
4 . Rates quoted above include five ( 5 ) copies of reports distributed
and mailed in accordance with your instructions . Additional copied
will be billed at a rate of $0 . 25 per sheet .
5 . A certificate of insurance will be supplied upon request .
• 'Hampton, Lenzini & Renwick, Inc.
-April 29, 1992
Page five of six
PROFESSIONAL SERVICE INDUSTRIES, INC.
PROJECT DATA SHEET
CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES
1. Project Name:
2. Project Location:
3. Your Job No.: Purchase Order No.:
4. Project Manager: Telephone No.:
5. Number and Distribution of Reports:
( ) Copies To: ( ) Copies To:
Attn: Attn:
( ) Copies To: ( ) Copies To:
Attn: Attn:
6. Invoicing Address:
Attn:
7. Site Contact: Telephone No.:
8. Other Pertinent Information:
PSI B-900-13(1)
7• Hampton, Lenzini & Renwick, Inc.
April 29, 1992 GENERAL CONDITIONS
Page- six of six
1.PARTIES AND SCOPE OF WORK:Prciessional Service Industries, Inc (hereinafter referred to as"P S I ")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
P.S I. as set forth in P S I 's proposal, the clients' acceptance thereof and these General Conditions "Client" refers to the person or busin-ss entity
ordering the work to be done by P S I If the client is ordering the work on behalf of another, the client represents and warrants that the cl ent is the
duly authorized agent of said party for the purpose of ordering and directing said work Unless otherwise stated in writing, the client ass mes sole
responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for the clients intended
purpose Client shall communicate these General Conditions to each and every third party to whom the client transmits any part of P SI 's •rk P S I
shall have no duty or obligation to any third party greater than that set forth in P SI 's proposal,client's acceptance thereof and these General Conditions
The ordering of work from P S I shall constitute acceptance of the terms of P S I 's proposal and these General Conditions
2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by P S I or others to be timely
and properly performed in accordance with the plans, specifications and contract documents, and P S I 's recommenuations No claim for loss,
damage or injury shall be brought against P SI by client or any third party unless all tests and inspections have been so performed and unle-s P S I 's
recommendations have been followed .•rees to indemnify, defend and hold PSI , its officers, employees and agents harmless fro an ar •
all claims, suits, losses, costs and expenses, inc u• ., - •t limited to, court costs and reasonable attorney's fees in the eve • _ • tests
and inspections are not so performed or P.S I 's recommendations a - - .• •flowed except to the extent that su . - - - - result of the n-gligence,
willful or wanton act or omission of P S.I , its officers, agents or employees P I - , • •- • _ . . roo investigation, perform root cu,' uts")
as part of the investigation. Client agrees to provide a roof contractor of - • @ to ma - to remove samples as directe• • " S
personnel; and to promptly make necessary repairs I - - - . a roof contractor is not so provided by c i- . - -• .•rees that PSI
and remove such cuts as PSI dee •_-: • • n e course of the investigation Roof cut areas wilt be temporarily patched •y = •- on
agrees to a • •- -: • materials and labor needed for any and all temporary patches and will hold P SI harmless for any and all •-n ..;
- •• ys ems and the building and its contents which may arise from removal and repairing of roof cuts
3. SCHEDULING OF WORK: The services set forth in P S I 's proposal and client's acceptance will be accomplished in a timely, workm.nlike a d
professional manner by P S I. personnel at the prices quoted If P S-I is required to delay commencement of the work or if, upon embarking upon its
work, P S I. is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by the client, to fulfill the
requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of P SI , 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 P S I. to perform the work P S I shall lake r:asonable
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 e.uipment.
however, P S I has not included in its fee the cost of restoration of damage which may occur. It client desires or requires P SI to restore he site to
its former condition,upon written request P S I will perform such additional work as is necessary to do so and client agrees to pay to P S I the cost t ereof
• • • .ISTING MAN-MADE OBJECTS: Unless P S I has assumed in writing the responsibility of locating subsurfa - . - -• ::-. :''
client agrees to indemni y an. .•- '.- :__ • • - .•• s suits, losses, costs and ex.- - •_ _: -. -_ • a•e attorneys'fees s a p�
of personal injury, death or property damage occurring with re •- • L-7•.",---.- . .''' • _ • . -.• - • in. fro.. • rface or latent i ondi •
or damage to subsurface or I. -. •• :, - . . - , Ines or conduits where the actual or potential presence an• oca is - -. ••.- _ _ c - .
6.RESPONSIBILITY:P S I 's work shall not include determining,supervising or implementing the means,methods,techniques,sequences or p ocedures
of construction P S I shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare P S.I 's work or
failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordanc- with the
contract documents
7. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed immediately upon completion of the test •II drilling
samples or specimens will be disposed sixty (60) days after submission of P S 1'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 The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause 'thin said
thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law, whichever is the
lesser)until paid Client agrees to pay P.S.I 's cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and r-asonable
attorney's fees. Failure to make payment within 30 days of invoice shall constitute a release of PSI from any and all claims which client may have,either
in tort or contract, and whether known or unknown at the time
9.TERMINATION: This Agreement may be terminated by either party upon seven day's prior written notice In the event of termination. P S I shall be
compensated by client for all services performed up to and including the termination date, including reimbursable expenses, and for the .om -lion
of such services and records as are necessary to place P S I.'s files in order and/or protect its professional reputation
•. •RANTY:P S I 's services will be performed, its findings obtained and its reports prepared in accordance with its proposal,client's a c•• .
thereof, t - -neral Conditions, and with generally accepted principals and practices In performing its professional services, P S •�-
degree of care an. . .inarily exercised under similar circumstances by members of its profession This warranty is in li- : . other `� -•
or representations, either exp - . implied Statements made in PSI reports are opinions based upon engine- •: .•gement and are not . .e
construed as representations of fact
Should P SI ,or any of its professional employees be foun• • •- e been negligen • -- performing of professional services or work or to ave made
and breached any express or implied warranty, representation or co - - , all parties claiming through client and all parties claiming to have in
any way relied upon P SI's services or work agree that the •.- ' .m aggre•- : - ount of the liability of P SI . its officers, employees .nd agents
shall be limited to$50,000 00 or the total amount of th- -- •. •to P S I for its work performe• . • spent to the project whichever amount is grea er
In the event client is unwillin• • . ..e to limit P S I 's liability in accordance with the provisions set forth I - •aragraph, client may, upon written
request of client re - -. within five days of client's acceptance hereof, increase the limit of P SI 's liability to$500,01. :! • the amount of • SI 's fee
whichev• : - greater, by agreeing to pay P.S I. a sum equivalent to an additional amount of 5%of the total fee to be charg-. - • S I services
c large is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability inv. .
11.INDEMNITY:Subject to the foregoing limitations, P SI.agrees to indemnify and hold client harmless from and against any and all claims.0 s co'Is
and expenses including reasonable attorney's fees and court costs arising out of P S.I.'s negligence to the extent of P S l.'s negligence r Ii: t sh.•,••
provide the same protection to the extent of its negligence. - : _ _ : _ _ :- :•:: --_ _ -. :- -- , .-- 0
. - ••• _• in. contained in any other contract document notwithstanding, P.S.I. shall not be bound • ,. • • •• • -
requiring or providing for ar.ltra I. • • • :.:: :. • • • - e genera conditions, (b)wherein PSI wary-: `.
- len, or c conditioning RS 1 's right to payment upon •.• - .• : -• _ - • '
13.PROVISIONS SEVERABLE: In the event any of the provisions of these general conditions should be found to be unenforceable,it shall me stricken
and the remaining provisions shall be enforceable
14.ENTIRE AGREEMENT:This agree')lent constitutes the entire understanding of the parties,and there are no representations,warranties or un ertakings
made other than as set forth herein. This agreement may be modified only in writing, signed by each of the parties hereto
PSI B-9rx1-11141