Professional Service Industries/Avenue 50 93GENERAL CONDITIONS
1. PARTIES AND SCOPE OF WORK: Professional Service Industries, Inc. (hereinafter referred loss 'PS.I.*) shall include said company. or its particular
division, subsidiary or affiliate performing the work. 'Work' means the specific geolechninal, analytical, testing or Omer 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 of business entity
ordering the work to be done by P.S.I. If the client r8 Ordering the work on behalf of another, the Client represents and warrants that the client is the
duly authonzed agent of said pant for the purpose Of Ordenng and Oxecting said work. Unless otherwise stated in writing. the Client assumes SOW
fellponsibildy for determining whether the quani 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 wham the client transmits any part of P.S.I.'s work. P.S.I.
shall have no duty or obligation to any third parry greater than that set font in P.S.I.'s proposal, client's acceptance thereof and these General Conditions.
The ordering of work from P.S.1 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 property performed in accordance with the plans, specifications and contract documents, and P.S..'s recommendations. No claims for loss.
damage or injury shall be brought against P.S.I. by client or any third party unless all tests and inspections have been so performed and unless P.S.I.'s
recommendations have been followed. Client agrees to indemnify, defend and hold P.S.I., its Officers, employees and agents harmless from any and
all claims, suits, losses, costs and expenses, including, but riot limited to, court costs and reasonable attorney's fees in the event that all such tests
and inspections are not so performed or P.S..'s recommendations are not so followed except to the extent that such failure is the result of the negligence.
willful or wanton act or onussron of P.S.I., is officers, agents or employees. P.S.I. may, in ffe course of a root investigation, perform roof cuts ('tills'
as part of the investigation. Client agrees to provide a roof contractor of clients choice to make such cuts to remove samples as directed by P.S.I.
personnel; and to promptlmake necessary repairs. In the event that a roof contractor is riot so provided by client, client agrees that P.S.I. may make
and remove such cuts as 91 deems necessary in the course of the investigation. Roof cut areas will be temporarily patched by P.S.I. personnel. Client
agrees 10 pay for the costs of materials and tabor needed for any and all temporary patches and will hold P.S.I. harmless for any and all damages t0
the roof systems and the building and its contents which may arise from removal and repairing of roof cuts.
3. SCHEDULING OF WORK: The services set font in P.S.I.'s proposal and client's acceptance will be accomplished in a timely, workmanlike and
professional manner by P.S.I. personnel at the prices quoted. If P.S.I. is required to delay commencement of the work or H, upon embarking upon its
wok. P.S.I. is required to stop or interrupt the progress of its work as a result of charges 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.S.I., 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 take reasonable
measures and precautions to minimize damage to the site and any improvements located thereon as the result of its wok or the use of its equipment.
itsfrmerrcondilon.uponwrittenrrequest Sluded in its fee tl.wilhe pedot of msuhaddoration itonalwoorkasisnecef damage which ssaryodosooccur. If andcnt lienagresires or estopaYoPuires SlI.thecostmereoore the ito
S. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless P.S.I. has assumed in writing the responsibility of locating subsurface Or latent conditions,
client agrees to indemnity and save P.S.I. harmless from all claims, suits, losses, costs and expenses. including reasonable attorneys' fees as a result
of personal injury, death or property damage occurring with respect to P.S.I.'s performance of as work and arising from subsurface or latent conditions
or damage to subsurface or latent objects, structures, lines or Conduits where the actual Of potential presence and location thereof was riot revealed
to P.S.I. by client.
6. RESPONSIBILITY: P.S.I.'s work shall not include determining, supervising or implementing the means, methods, techniques, sequenceso procedures
of construction. P.S.I. shall not be responsible for evaluating, reporting Or affecting job conditions conceming health, safety or welfare. P.S.I.'s wok or
failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of is work in accordance with the
contract documents.
7. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed immediately upon completion of the test. All drilling
samples or specimens will be disposed sixty (60) days after submission of P.S.I.'s report
A 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 within said
thirty 30) day period at the rate of eigghteen (18) percent per annum (or the maximum interest rate permitted under applicable law, whichever is the
IesssrS 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 reasonable
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 toll or contract, and whether known or unknown at the time.
6. TERMINATION: This Agreement may be terminated by either parry 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 completion
of such services and records as are necessary to place P.S.13 files in order and/or protect its professional reputation.
10. WARRANTY: P.S.Vs 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 principals and practices. In performing its professional services. P.S 1 will use mat
degree of care and skill ordinarily exercised under similar circumstances by members of its profession. This warranty is in lieu of all other warranties
or representations, either express or implied. Statements made in PSI repots are opinions based upon engineering judgement and are not to be
construed as representations of fact.
Should P.S.I., or any of its professional employees be found to have been negligent in the performing of professional services or work or to have made
and breached any express or implied warranty, representation or contract, client, all parties claiming through Client and all parties claming to have in
arty way relied upon P S.I 's services or work agree that the maximum aggregate amount of he liability of P.S.I., its officers, employees and agents
shall be limited to S50.000.00 or the total amount of he fee paid to P.S.I. for its work performed with respect to the project whichever amounts greater.
In the event client is unwilling or unable to limit P.S.1.'s liability in accordance with the provisions set font in this paragraph, client may, upon written
request of client received wi in five days of client's acceptance hereof, increase Ire limit of P.S.I.'s liability to $500.000.00 or the amount of P.S.L's fee
whichever is the greater, by agreeing to pay P.S.I. a sum equivalent to an additional amount of 5% of the total fee to be charged for P.S.1 's services.
This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved.
11. INDEMNITY: Subject to the foregoing limitations. P.S.I. agrees to indemnity and hold client harmless from and against any and all claims suits costs
and expenses including reasonable attorney's fees and court costs arising out of P.S.1.'s negligence to he extent of P.S.I.'s negligence. Client shall
provide the same protection to the extent of its negligence. In the event that client or client's principal shall bring any suit, cause of action, claim or
counterclaim against P.S.I., the pant initiating such action shall pay to P.S.I. the costs and expenses incurred by P.S.I. to investigate, answer and
defend it, including reasonable attorney's and witness fees and court costs to the extent enaz P.S.I. shall prevail in such suit.
12 ARBITRATION: Anything contained in any other contract document notwithstanding. P.S.I. shall not be bound by any provision or agreement (a)
requiring or providing for arbitration of disputes Or controversies arising out of P.S.Us work or these general conditions. (b) wherein P.S.I. waives its
rights to a mechanic's lien, or (c) conditioning P.S.Us right to payment upon payment by a third parry.
13. PROVISIONS SEVERABLE: In the event arty of he provisions of these general conditions should be found to be unenforceable, it shall be stricken
and the remaining provisions shall be enforceable.
14. 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 modified Only in writing, signed by each of the parties hereto.
ffiIBIT "A"
QUID i A
Professional Service Industries, Inc. JUL 0 6
PUBLIC WORKS
July 02, 1993 Project Not 073-3063
City of La Quints
P.O. Box 1504
La Quints, California 92253
ATTENTION% John Freeland
SUBJECTi TESTING AND INSPECTION SERVICE
PROJECTS City of La Quints W&s4_o91-en4 Street and Avenue 50
EI.iJFIOWEJZ
We are pleased to submit our proposal to provide Testing and
Inspection Services for the above referenced project.
The Schedule of Services and General Conditions, attached for your
review, were determined based on our association on projects with
similar construction.
There will be no charge for travel time to and from the project,
sample pick-up, vehicle usage or nuclear gauge usage.
Your review of this submittal and our qualifications Is
appreciated. We look forward to the opportunity of addressing any
questions you may have during a formal Interview.
In the meantime, should you have any questions onWethis
proposal
,
please do not hesitate to contact me directly.
you
wlII be convinced that PROFESSIONAL SERVICE INDUSTRIES, INC. (PSI),
American Engineering Division, is the best choice for this
Important and challenging assignment.
Sincerely,
PROFESSIONAL SERVICE
American Engineering
Pau oerstl
Branch ager
PH/cwm
INDUSTRIES, INC.
Division
Attachments Proposal
Palm DesertCA 92260 0 Phone- 6191341-5790 • Fax' 619r341-5794 __ _—
7
SCHEDULE OF SERVICES
PRICING PROPOSAL
CITY OF LA OUINTA
WASHINGTON STREET AND AVENUE 50
PROPOSAL NO. P073-3063
JULY 02, 1993
CITY OF LA QUINTA
JUL U 6 :43
PUBLIC WORKS
msaavvaassaamsyssaM.........aavass.....=-.a..... M. a......M
1. INSPECTION SERVICES
A. Full -Time, on Site Technician $ 27.00/hr
B. Additional Technician S 27.00/hr
II. ON -SITE LABORATORYv
A. All lab services to billed S 600.ID0/month
at a flat monthly fee
III. ADDITIONAL PROJECTS:
A. All service and rates Included In this proposal are
offered to the City of La Quinta on additional projects.
Please Note:
A. Ail work performed beyond eight (8) hours per day will be
billed at a rate of $36.45 per hour.
B. All work performed on Sunday and or Nationally recognized
holidays will be billed at a rate of $45.00 per hour.
C. No laboratory fees will be charged for any tests
conducted at the on -site laboratory, except the flat
monthly fee - $600.00. This monthly fee does not Include
any concrete testing.
D. On site laboratory fee wlII be pro -rated with other City
of La ouinta projects if such projects run concurrently.
3 CITY OF LA Qi.1liti: A
JUL 0 G
PUBLIC WOioiCS
AUTHORIZATION
If this proposal meets with your approval, please authorize our
work by signing this agreement and returning the acceptance copy to
this office. we will appreciate this opportunity to provide the
required professional services for you on this project.
Respectfully submitted,
PROFESSIONAL SERVICE INDUSTRIES, INC.
American Engineering Division
A
Accepted this o2 day of —�T-j l 1 1992
For
Aut r ed i ature Title
Typed or Printed Name
cce City of La Quints (2)
File (1)
Protessionai service Industries, Inc.
SCHEDULE OF SERVICES
CI7TOFLA� = JUL
PUBLIC WO:::S
saasaasxaaasaaavaaaxaaasaaaxa:saasaaaasaxxasasaaaxaxasaaaaaxaxxsassaarxaxxvs
1. INSPECTION SERVICES
A. Field Technician - Concrete
B. Special Inspection - Masonry
C. Special Inspection - Welding
D. Soils Technician
....................$ 29.00/hour
....................$ 31.00/hour
....................$ 31.00/hour
....................$ 29.00/hour
E. Special Inspection- Fireproofing ..................$ 36.00/hour
It. M4TERIALS TESTING
A. Compression Test - Concrete
B. Compress I on. Test - Masonry
C. Compression Test - Grout
D. Mix Designs
E. Moisture Density Relationship
F. Gradations
.....................$ 12.00/each
....................S 12.00/each
....................$ 12.00/each
....................5100.00/each
....................$100.00/each
....................S 40.00/each
G. Sample Pick -Up and Delivery to Lab ................. No Charge
(C) 11/92
n
... .- .0 �-ZIXWAVTAIA WE
� V
s
CF'M OF
CONTRACT: Avenue 50/Eisenhower Drive Improvements
CONTRACTOR: Professional Services Industries, Inc.
42-240 Green Way, Suite C
Palm Desert, CA 92260
Sheet 1 of 1
PROJECT NO. 92-10
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. PSI 92-10
x*xiisssxiss**#x***x*s**i#sssisi#**ii******sx###s*s*s*#s##s**i#s*sxissx*is**sss##si#*x*#*s
Pursuant to the terms of the Agreement, you ate hereby directed to make the herein described changes not included in the original conditions of
work for this Project. Unless otherwise stated all work shall conform to the terms, conditions, and provisions of the original Agreement.
DESCRIPTION OF CHANGE
Amend existing Agreement to include service for Project 92-10, Avenue 50 and Eisenhower Drive
Improvements as so stated in attached Exhibit "A".
This total cost of this Amendment shall not exceed $15,731.
Previous Agreement Amount $15.000
Add this Amendment $15,731
Revised Agreement Total $30,731
YtiiiYYYHpYYHMYY1pi YiiYYYYwiiY.a.•.i......+------------------------ ........ _
Submitted By: Date:_
Approved By: Date:
♦YYgi4Y/YYYMYNYYiiYYYYYi YYYYt YiHYYYiYYYYYYiiMYYY4NY YYi YiYgiYi YY/M4YYYiYiii/i YYiiYYYlt Yii Y/tiYi HYYi MYYYi YTiYYYYY
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved, that we will provide all manpower, equipment, furnish all materials, except as may be noted above, and perform all
services necessary for three wKabovei d,and will accept as full payment the prices shown above.
Accepted By: v Title:Consultant: Q Date: 8 Zo 9 3