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Home My WebLink About2005-023 - Materials Testing Contract with Professional Service Industries, Inc.BILL N0.2005-23 ORDINANCE N0.2005-23 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A MATERIALS TESTING CONTRACT WITH PROFESSIONAL SERVICE INSUSTRIES, INC. FOR THE NW GATEWAY/ VIVION ROAD PROJECT IN THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri ("City's desires to engage the services of a contractor to perform materials testing services in connection with the NW Gateway and Vivion Road Street Improvement project and; WHEREAS, the City advertised and received multiple bids for the NW Gateway and Vivion Road Street Improvement project, and WHEREAS, at its March 15, 2005, meeting the City's Board of Aldermen did approve the bid of Eleven Thousand One Hundred Seven and No/100 Dollars ($11,107.00) for the materials testing services; and WHEREAS, Professional Service Industries, Inc. has provided the City with a contract detailing the costs and services approved by the City. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri as follows: Section 1. The City of Riverside shall employ Professional Service Industries, Inc. to perform the materials testing services, and shall pay to Professional Service Industries, Inc. an amount not to exceed Eleven Thousand One Hundred Seven and No/100 Dollars ($11,107.00) for such materials testing services which are described in the bid form attached hereto as Exhibit A (the Bid Form"). Section 2. The contract, in substantially the form attached hereto as Exhibit A, and payment by the City for the materials testing services described therein, is approved, and the Mayor is authorized to take such actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 15th day of March, 2005. TT City Clerk May f r, .l ¶ ,~., ~ ~ j 1 h ~~~i Infornuztion ~/~~'~ .ToBuild On EnglneeHng . Consu/ting . 7bst/ng March 11, 2004 Mr. John Jackson City of Riverside, Missouri 2950 NW Vivion Road Riverside, MO 64150 Fax: (816) 746-8349 Re: Construction Materials Testing Gateway Sand Bag Gap Sill & Storm Sewer Improvements Riverside, Missouri PSI Proposal Number 353-097 Dear Mr. Jackson: Per your telephone conversation with Mr. Douglas Dean of Professional Service Industries, Inc., (PSI), we are pleased to confirm your acceptance of the following proposal for providing construction materials testing services for the above referenced project. PSI proposes to provide experienced, technical personnel to perform testing as requested. 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 the Schedule of Services and Fees and ]PSI General Conditions are enclosed herewith and incorporated into this proposal. PSI's fees would be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. It is understood that PSI's services will include construction materials testing and will be provided on an "On Call" basis at the direction of your representative. PSI will proceed with the work and will issue the daily materials testing and inspection reports after receipt of a signed copy of this proposal intact or a purchase order referencing this proposal by number and date. When returning the proposal, please complete the attached Project Data Sheet so that your file can be properly established. Professional Service Industries, Inc. • 4106 N.W. Rivers(de Drive • Riverside. M[7 Fa75n . phnnn a1anAl.oAaa , r..., e,c,en.. ,,,,,,,, ~. ~. , .l n "1 ~ . 1 r r. A representative of PSI will be contacting you to confirm receipt of this proposal and to discuss any questions that you may have regarding this proposal. PSI appreciates the o provide its service to your project and looks forward to workin with pporturuty to phase. g you during the construction Respectfully submitted, Professional Ser~vice~Industries, Inc. --(/~._' Do .Dean, EIT Department Manager lC~o~nsQtrQ,uc~tion S(er~vic`es u~x~"d- `~~ICt~iffC Kelly E. Rotert, P.E. Vice president DDD/KER/kab PS(PrdPOSN ~3 9 :Much 1~. Page. 0 6 Attachments; Schedule of Service and Fees Project Data Sheet General f'n,,.i:a:,..... PROFESSIONAL SERVICE INDUSTRIES, INC. SCHEDULE OF SERVICES AND FEES CONSTRUCTION QiJALTTy CONTROL LABORATORY TESTING SERVICES Concrete Laboratory testing of concrete, grout, mortar and lightweight cylinders, cubes and beams delivered to our laboratory in accordance with ASTM procedures and project specifications: a. Concrete Compression Test ......:............................... b. Concrete Compression Test (Conttactor made oylfinders) ................................................... c. Compression Test of Mortar ................................ Cubes ................... ................ d. Trim Specimen (if nec .................................................................. e. Flexural Stren e~9arY) .................................................. gth of Concrete Test (Beams ............................................ f. Flexural Stren ) ........................................................................ gth of Concrete Test (Contractor made beams),,,,,,,,,,,,,,,,,,, g. Concrete Compression Test of Drilled Core ........................... ............. h. Compression Test of Grout Cy """"""'°••••••••••••••••••••••••••.... lutders ................................................................................. Solis Moisture Content ......................... ............................................................................................. ydrometer (without sieve).......... ............................................................................................... Atterberg Limits Determination (pn,,, Moisture/D ........................................................................................ ensity Relationship (proctor Test): a. ASTM D-698 (Standard) .................................... b. ASTM D-1557 .................................................................. (Modtfied) ................................................................................................... c. One Point Proctor Verification Test ........................................ ............... Relative Density Test ......... .............................. ......................................................................................................... Sieve Analysis -Unwashed .............. ............................................................. eve Analysis -Washed ............. .............................. ....................................... .................................................. Sample Preparation tfre ....... (~ quued) ................................................................................................ Asphaltic Concrete Tp~tin • a. Asphalt Marshall Density (includes molding of 3 specimens) b. Asphalt Extraction and Gradation .................................... c. Asphalt Marshall Stability and Flow ....................... ....... FIELD TESTING SERVICES Engineering Technician to Perfonn; a. Concrete Placement Testing b. Molding of Concrete Cylinders c. Asphaltic Concrete Field Testing d. In-Place Density Testing e. Molding of Mortar and Grout Specimens f. Cylinder/Samp]e Pick Up ......:..................... Each $ 11.00 Each $ 18.00 Eaoh $ 11.00 Each $ 9.00 Each $ 20.00 Each $ 25.00 Each $ 20.00 Each $ 11.00 Each $ 8.00 Each $ 50.00 Each $ 45.00 Eaoh $ loo.oo Each $ 110.00 Each $ 50.00 Each $ 165.00 Each $ 50.00 Each $ 50.00 Per Hour $ 36.00 Set of 3 $ 65.00 Each $ 105.00 Setof3 $ gs,00 Pei Hour $ 34.00 -PSI ily o~ ~ber 337- P ppp~q v Payed: of6 i. ,. , .T n T ~ . _ ~ 1 PROFESSIONAL SERVICE INDUSTRIES, INC. SCHEDULE OF SERVICES AND FEES CONSTRUCTION QUALITY CONTROL Senior Engineering Technician to Perform: a. Drilled Pier and Pile Inspection b. Shallow Footing and Subgrade Inspection c. Soil Fill Placement Control d. Fly Ash and Lime Stabilization Inspection e. ConereteJAsphaltBarch Plant Inspection f. Reinforcing Steel Placement ItySpection g. Masonry Inspection h. Post-Tension Inspection i. Fireproofing Inspection j. State Certified Sampling/Field Testing ................................................................................. Structural Steel Inspector to Perform: a. Visua] Weld Inspection b. Bolt Torque Verification c. Shear Stud Verification ...................................................................................................... Skidmore-Wilhelm Equipment ............................... Nucleaz Density and Moisture Measurement Equipment ........................................................... Per Hour $ 38.00 Per Hour $ 57.00 Per Hour $ 17.00 Per DaY $ 120.00 Per Hour $ 8.00 Per Da Concrete/ Y $ 50.00 Asphalt Coring Equipment (in conjunction with hourly technician rates) a. Diamond bit core barrel ............................................... b. Corin ......................................................... Per Inch $ 6.50 .... g Machine ................ ................................................ c. Patch hole (non shrink out """""""""""""•'•••••••••••••••••••• PerDaY $ 65.00 TECHNIC gr ) ........................................................................................... AL SERVICES •••• Costplus 10% Engineering Services for field inspection, report review, special inspection submittal preparation, attend preconstruction and progress meetings, test evaluation, contract administration, supervision of laboratory and field personnel, and consultation (typically 1/2 hour project Engineer per report) StaffEngineer/Geologist .......................................................... Project En ' .................................................. Per Hour gmeer/Manager .............................. $ 65.00 Senior En ' eer/M ............................................................................. ~ anager ................................... Per Hour $ 75.00 ......................................................................... Per Hour $ 95.00 REMARKS Unit prices attached are in effect for six (6) months from the date of this proposal, Services and fees not listed above will be quoted upon request. Services will be charged on a whole hourly basis from the time the engineer or technician leaves the office until he/she returns from the project. Three hour nvnirnum per trip A vehicle charge of $10.00 per trip will be added. All steel inspections will be billed at a minimum of four (4) hours for structural steel inspector. Chazges for hours worked outside of 8:00 AM. to 5:00 P.M., over eight (8) hours per day, and Saturdays, Sundays, and Holidays will be charged at 1.5 times the aforementioned rates. Unless noted otherwise, concrete specimens aze made in accordance with ASTM C-31 except for Section 9.1.2. Asphalt field compac[ion tests aze performed in accordance with ASTM D295Q except 3.5 unless noted otherwise, Asphalt extraction data from .-1STV( D-6307 Method A except Section 9 or Method B.except Section 12. Prow of nirersitie..N' PSI pwal Humber?5~• 7 Wsreh I I. ? Paye 1~ ~~% Environmental Qeotechnica/ Construction Consulting •~ EnglneeNng • Testing -. Project Data Sheet ;, "' Construction Materials Testing and Inspection Services 1. Project 2. Project 3. Your Job No.: Purchase Order No.: 4. Project Manager. Telephone No.: __ 5. Number and Distribution of Reports Copies To: Attn: Copies To: Attn: 6. Invoicing Site Contact: Telephone No.: 8.Other Pertinent Information: >. City of Riverside, Missouri .PSI Proposal Number 353-097 March ll, 2004. Page 5 of 6 ....4 PSI ~-900-13 (3) Copies To: Attn: Copies To: Attn: • ~: GENERAL CONDITIONS .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 •ork. "Work' means the specific gectechnipl, anatytlpl, testlng or other serNce to be performed by PSI as set forth In PST's proposal, Client's acceptance thereof and these General CondiBons. ddttional work ordered Dy Cllent shall also be subject to these General Conditions. "Client" refers to the person or business enttty ordering the work to be done by PSI. if Client is ordering the:work n behalf of another, Client represents and warrants that it is the duty authorized agent of said party for the purpose of ordering and direcring said work. Unless otherwise stated fn wrtting, Cllent ssumes 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 commuhipte iese General Conditions to each and every third parry to whom Cliedt transmits any part of PST's work PSI shall have no dory or obligarion to any third party greater than that set forth in PST's pro- osal, Client's acceptance thereof and these General Conditions. The ordering of work from PSI, or the reliance on any of PST's work, shall constitute acceptance of the terms of PST's propos8l and aese General Conditions, regardless of the terms of any subsequenty Issued document. ~. TESTS AND INSPECTIDNS: Cllent shall cause all tests and Inspections of the site, materials and work pertormed by PSI or others to be timely and property perormed in accordance with the Mans, specifications and contract documents and PST's recommendatons. Noclaims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and idspec- ions have been so performed and unless PST's recommendatlons have been followed. Client agrees to Indemnify, defend and hold PSI, Its officers, employees and agents harmlesslrom any and ail :laims, suits, losses, costs and expenses, including, but not limped to, court costs and reasonable attorney's fees in the event that all such tests and inspecfions are not so performed or PST`s rec- ~mmendations 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, tts officers, agents or employees, subject to the lim- tation contained in paragraph 9. 3. SCHEDULING OF WORK: The services set forth in PST's proposal and CIIenYs 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 it, upon embarking upon tts 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 try Client, to fulDll the requirements of third parties, interruptions In theprogress of construction, or other poses beyond the direct reasonable control of PSI, additional charges will 6e applicable and payable by Client. 4. ACCESS TO SITE: Client will arrange and provide such access to the site as Ls necessary for PSI to pertorm the work. PSI shall take reasonable measures and preputtons to minimize damage to the site and any Improvements lapted thereon as the result of Its work orthe use of Its equlpmenl: however, PSI has not included in Its fee the cost of restoretion of damage which may occur. If Client desires or requires PSI to restore the.site.to Ks former wnditlon, upon wrKen request PSI will pertorm such additional work as is necessary to do so and Client agrees to pay to PSI far the cost. 5. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that K has advlted PSI of arty known or suspected hazardous materials, urillty lines and pollutants at arty site at which PSI is to do work hereunder, and unless PSI has assumed in writing the responsibility of lopring subsurface objects, structures, lines or conduits, Client agrees to defend, Indemnify and save PSI harmless from ail claims, suits, losses, costs and expenses, including reasonable attomey's fees as a resuR of personal Injury, death or property damage occurring with respect to PST's performance of tts work and resulting to or caused by contact with subsurface or lateen objects, structures, Tines or wnduits where the actual or potential presence and loption thereat were not revealed to PSI by Client. 6. RESPONSIBILITY: PST's work shall not Include determining, supervising or impiemenring the means, methods, techniques, sequences or procedures of construction. PSI shall not be responsi- ble for evaluating, reporting or affecting Job conditions wnceming health, safety or welfare. PST's work or failure to pertorm same shall not In any way excuse any contractor, subcontractor orsup- plierfrom 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 compierion of the test. All drilling samples or specimens will be disposed sixty (60) days after submission of PST's report. 8. PAYMENT: Client shall be invoiced once each month for work pertormed during the preceding Period. Cliem agrees to pay each invoice wihin thirty (30) days of tts receipt. Client further agrees to pay interest on all amounts Invoiced and not paid or objected to for valid pose in wrung wkhin said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum inter- est rate permitted under applipble law), until paid. Cllent agrees to pay PST's cost of collection of all amounts due and unpaid after sbiy (60) days, Including wort costs and reasonable attorney's fees. PSI shall not be bound by arty provision or agreement requiring or providing for arbUrarion of disputes or conVOVersies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics' lien, or any provision conditioning PST's rightto receive payment for its work upon payment to Client by airy third party. These General Condttions.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 wnsritute a release of PSI from airy and ail claims which Client may have, whether in tort, contract or otherwise, and whether known or unknown at the tlme. 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 lS 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 f1S 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 CLIENTS ACCEPTANCE HEREOF, INCREASE THE LIMIT OF PSI'S LIABILITY TO $250,000.00 OR THE AMOUNT OF-PST'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 INCREASfD 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, ANO ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR 07HERWISE, MAYBE BROUGHT AGAINST PSI, ARISING FROM OR RELATED TO PSI'S WORK, MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER. 10. INDEMNITY: Subject to the foregoing limitations, PSI agrees to indemnity and hold Client harmless from and against any and alt okaims, suits, vests and expenses including reasonable attor- ney's fees and court costs arising out of PST's negligence to the extent of PST's negligence. CNent shall provide the same pratectlon to the extent of its negligence. In the event that Client or Client's principal shall bring any suit, pose of action, claim ar wunterclaim 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 attomey'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 terminatlon, PSI ,shall be compensated by Client for all services per- formed up to and.including the termination date, Including reimbursable expenses, and for the complerion of such services and records as are necessary to place PST's files in order and/or protect its professional reputation. 12. EMPLOYEESANITNESS FEES: PST's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PST's legal expenses, administrative costs and fees pursuant to PST's then current fee schedule far PSI to respond to arty subpoena. Client agrees not to hire PST'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 K may have. 13. HAZARDOUS MATERIALS: Nothing contained wtthin this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner, operator, generator, scorer, transporter, treater or disposal facility as those terms appear within RCRA or within arty Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of poli~~ tents. Client assumes foil 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 amp 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 onty in writing, signed by each of the parties hereto. City of Riverside, Missouri PSI B-900.11171 PSI Proposal Number 353-097 March il, 2004 8/98 i .1 ¶ ,~