HomeMy WebLinkAboutItem 03 - Minters Chapel Roadway Construction ProjectMEMO TO
FROM:
MEETING DATE
SUBJECT
RECOMMENDATION:
HONORABLE MAYOR AND MEMBERS OFT E CITY COUNCIL
ROGER NELSON, CITY MANAGER
APRIL 2, 2002
MATERIAL TESTING SERVICES / MINTERS CHAPEL
ROADWAY CONSTRUCTION PROJECT
City Council consider awarding a Material Testing Services Contract with Professional
Service Industries, Incorporated in an amount not to exceed $ 66,567.00, for testing
services on the Minters Chapel Road Construction Project, authorize staff to execute
said contract, and take any necessary action.
FUNDING SOURCE:
Funds are available in the following accounts:
Funding Source Account Amount Award Percent
Private Development 178-21570 $2,654,653 $66,567 49.6%
99 G.O. Bonds 178-78102-010 $2,694,317 50.4%
TOTAL $5,348,970 $66,567 100%
Budget
Design
GeoTech
Construction
Contingency
TOTAL
BACKGROUND:
Amount
$553,229
$98,380
$4,117,083
$580,278
Award
$66,567
$5,348,970 $66,567
Percent
10.3%
1.8%
77.0%
10.9%
100%
The roadway project is comprised of multiple elements requiring material testing
services. Those elements include earthwork testing, channel bottom compaction
testing, and density testing of the concrete box culvert, 12" waterline, 20" wastewater
force main, 12" gravity wastewater line backfill. A significant element of the testing
program is the concrete cylinder tests for the massive multi-chamber concrete box
culverts and the concrete roadway paving.
March 28, 2002 (9:40AM)
}t, The testing proposal is consistent with this size and scope of project.
Staff recommends approval.
JSL/dsm
0:\agenda\040202\Material Testing_MC Road.agm
March 28, 2002 (9:40AM)
mai Information
/�''� .To Build On
Engineering • Consulting • Testing
March 21, 2002
Mr. Curtis Bergthold, Chief Inspector
City of Grapevine Public Works Department
200 S. Main St.
Grapevine, TX 76099
Re: Proposal for Construction Materials
Testing and Inspection Services
Minter's Chapel Road Paving & Drainage Improvements
PSI Proposal No. 337-2022
Dear Mr. Bergthold:
7 LC
MAR 2 5 2092
Professional Service Industries, Inc. (PSI), understands that we have been
selected based upon our qualifications in accordance with the Professional Services
Procurement Act, Article 2254.004 of the Texas Government Code, to provide the
above referenced services for this project. In accordance with this act, we are now
submitting our proposed fee schedule as the second step or the negotiation phase of
the contracting process.
As America's largest independent testing firm and the nations fourth largest
consulting engineering firm, we bring extensive experience in providing professional
engineering and materials testing services for clients in the Dallas/Fort Worth area,
throughout the State of Texas and the nation. With four local offices servicing the
metroplex, PSI has the technical capabilities, personnel and equipment resources
and local expertise to provide you with superior testing services.
PSI proposes to provide experienced, technical personnel to perform testing and
inspection services as requested in general accordance with project specifications.
Provided herewith is our budgetary estimate of the anticipated testing and the
associated estimated costs based on the project characteristics available at the time
of this proposal. PSI proposes to accomplish the work on a unit price basis in
accordance with the unit rates of this proposal. All work will be performed in
accordance with the General Conditions attached herein and considered a part of this
proposal.
The cost estimate was developed based on the estimated quantities, types of
tests and the unit rates shown herein. This estimate was developed based on a
defined scope of work as outlined in this proposal. Any work which is required
beyond this estimate will be charged per the unit rates shown.
Professional Service Industries, Inc. • 2556 Gravel Drive • Fort Worth, TX 76118 • Phone 817/284-3783 • Fax 817/284-8942
Page 2 of 9
PSI Proposal No.: 337-2022
PSI will proceed with the work upon receipt of a signed proposal. Please sign
and return one copy of this proposal intact. When returning this proposal, please
complete the attached Project Data Sheet so that PSI may best serve your project
and help distribute reports to the appropriate parties.
PSI looks forward to providing services to the City of Grapevine Public Works
Department for the Minter's Chapel Road Paving and Drainage Improvements
project. Once a detailed construction schedule and material quantities are available,
we would be pleased to meet with you and refine the attached estimate and add or
delete services as desired. Should you have any questions or wish to discuss this
proposal further, please contact us at your earliest convenience at 817/284-3783.
4ames R. Anderson, P.E.
Rapartment Manager
Construction Materials Testing
,lonat Aan . Szoste srz
District Manager
Construction Materials Testing
Attachments: Project Information/Assumptions
Estimated Materials Testing Cost Summary
Estimated Materials Testing Cost Breakdown
Project Data Sheet
General Conditions
AGREED TO THIS DAY OF 2002
SIGNATURE:
TYPED/PRINTED NAME:
TITLE:
1211-210TA
W -)A
Page 3 of 9
PSI Proposal No.: 337-2022
PROJECT INFORMATION/ASSUMPTIONS
SITE WORK, FILLING AND BACKFILLING
Engineered fills on this project are anticipated up to 8 feet deep.
Compaction tests have been estimated at one test per 5000 square feet
per lift. We have estimated a total of 12 different materials will be
encountered that will require density testing.
2. The paving area is approximately 170,000 square feet in area. Estimate 1
test location per 5,000 square feet.
SUB -GRADE STABILIZATION AND TESTING
3. The area to be lime stabilized is approximately 179,000 square feet. Lime
application operations will not be monitored full time. However, lime
gradations and depth checks will be conducted each 5000 square feet.
Up to two lime series will be run in order to determine the proper lime
application rate.
4. Compaction tests on the lime stabilized sub -grade will be conducted at the
rate of one test per each 5000 square feet.
CONCRETE
5. Concrete placement operations will be continuously monitored by a PSI
representative.
6. One set of 4 cylinders will be molded and field test performed for each
100 cubic yards of concrete.
7. Reinforcing steel will require inspection of size, placement and
securement. This estimate assumes this inspection will be performed
immediately prior to the placement of the concrete. This estimate does
not include inspection of the reinforcing steel in the concrete culverts as it
is understood this will be performed by City of Grapevine personnel.
ASPHALTIC CONCRETE
8. Full time inspection of asphalt placement by a representative of PSI will
not be required. PSI will provide a technician for the time required to
establish a roll pattern.
Approximately 48,000 square feet of temporary asphaltic concrete
P
% -Pi pavement will be placed.
Page 4 of 9
PSI Proposal No.: 337-2022
10. A 2 inch surface course over 6 inches of compacted flex base will be
required for the asphalt pavement.
11. One asphaltic concrete sample for each mix being placed will be obtained
and tested by PSI per day.
12. One core sample per every 200 lineal feet of asphaltic concrete pavement
will be obtained by PSI and tested for in-place density, and thickness after
the pavements are completed.
PSI performs a complete range of Construction Materials Testing Inspection Services
as well as Geotechnical and Environmental Consulting Services. In addition to those
listed above, your project can be provided with the following:
Fireproofing Inspection - Geotechnical Services
Environmental Site Assessments - Indoor Air Quality Studies
- Asbestos Sampling & Testing
- Roof Testing & Inspections
- Wetland Investigation
- Lead Based Paint Testing
Floor Flatness Testing
Hydrologic/Hydraulic Engineering
Page 5 of 9
PSI Proposal No.: 337-2022
Estimated Materials Testing Summary
w
The following is our estimate of the number, type, and cost of anticipated
Construction Materials Testing and Inspection Services for the subject project. This
estimate was developed based on assumptions made from current information
available to us regarding expected work schedules, amount of materials, project
requirements, etc. It should be recognized that variations in construction schedules,
weather, etc., could result in differences between the actual and estimated testing
costs. Additionally, we caution that the cost of our services is directly related to
scheduling issues by the contractor, as well as failed tests, and other issues outside
the control of PSI. Although efforts will be made to maintain the testing costs within
the estimated amount, charges will be computed based on actual services rendered.
Proposal excludes the following items:
X Overtime X Cancellation without notice
X Stabilization X Environmental Engineering
X Re -testing X Waiver of Subrogation
X Special Engineering Services
. Minter's Chapel Road Paving and Drainage Improvements Estimate $66,567
iv!.2
Page 6 of 9
PSI Proposal No,: 337-2022
A. Earthwork
Laboratory Moisture Density Relationship (^STN o ase)
Los Angeles Abrasions
Sulfate Soudness Testing
Gradations of aggregate backfill
Culvert Bottom Compaction Testing
Density Testing on Fill
Nuclear Gauge for Compaction Testing
B. Concrete Culverts & Headwalls
Concrete Inspection and Testing
Concrete Compression Cylinders
C. Utility Lines & Appurtenances
Storm drain compaction testing
Sanitary Sewer compaction testing
Water lime compaction testing
Nuclear Gauge for Utility Compaction Testing
Concrete monitoring for Inlet, junction boxes, etc.
Concrete Cylinders for Inlets, Manholes, etc.
D. Stabilization of Sub -Grades
Lime Stabilized Moisture/Density Curves
Lime Series for Proper Lime Content
Lime Depth Checks
Lime Gradations
Technician for gradations & depth checks
Density Tests on Lime Stabilized Sub -Grade
Nuclear Gauge for Lime Compaction Testing
M%
Unit
Quantity
Unit Price
Item Total
Each
12
S180.00
52,160.00
Each
2
S85.00
5170.00
Each
2
$125.00
5250.00
Each
6
545.00
5270.00
Hour
12
S32.00
$384.00
Hour
204
$32.00
$6,528.00
Day
40
536.00
51,440.00
Sub -Total
$11,202.00
Unit
Quantity
Unit Price
Item Total
Hour
300
530.00
S9,000.00
Each
380
$10.00
53,800.00
Sub -Total
$12,800.00
Unit
Quantity
Unit Price
Item Total
Hour
22
532.00
$704.00
Hour
156
S32.00
54,992.00
Hour
156
532.00
54,992.00
Day
70
536.00
S2,520.00
Hour
72
S30.00
52,160.00
Each
180
510.00
51,800.00
Sub -Total
$15,368.00
Unit
Quantity
Unit Price
Item Total
Each
3
$200.00
S600.00
Each
2
$250.00
$500.00
Each
36
S10.00
S360.00
Each
36
S10.00
S360.00
Hour
15
S30.00
5450.00
Hour
22
S32.00
S704.00
Day
4
S36.00
$144.00
Sub -Total
S3,118.00
Page 7 of 9
PSI Proposal No.: 337-2022
GENERAL
Hourly work is portal to portal with a minimum of three hours per call out unless otherwise noted. Charges for services performed
outside of 8:00 AM to 5:00 PM, over 8 hours per day and on Saturdays will be billed at 1.5 times the listed rates. Services
performed on Sundays and holidays will be performed at 2.0 times the listed rates.
Project Manager to schedule personnel, supervise personnel and evaluate and review reports will be invoiced at $75.00 per hour
for a minimum of 0.2 hours per report issued. Above unit rates include up to three copies of each report distributed and mailed in
accordance with your instructions. Additional report copies billed at $1.00 each.
This proposal presents the typical construction materials testing required on area projects. if an increased or decreased scope of
work is desired, we would be pleased to discuss this at the appropriate time. Additional services and fees not listed, will be quoted
upon request.
1
..
E. Wall Testing & Inspection
Unit
Quantity
Unit Price
Item Total
Compaction Testing behind Headwalls
Hour
36
$32.00
$1,152.00
Nuclear Gauge for Wall Testing
Day
8
536.00
5288.00
Sub -Total
$1,440.00
F. Portland Concrete Street Paving
Unit
Quantity
Unit Price
Item Total
Mix Design Review (Aca 30`)
Each
3
$75.00
5225.00
Concrete Compression Cylinders )""""'MA1MU,AMU UAGWJAS MW10Jp Each
220
$10.00
52,200.00
Cylinder Pickup
Hour
66
$28.00
51,848.00
Concrete Inspection & Testing
Hour
62
$30.00
S1,860.00
Sub -Total
$6,133.00
G. Temporary Asphalt Paving
Unit
Quantity
Unit Price
Item Total
Establish Roll Pattern
Hour
14
$32.00
5448.00
Nuclear Gauge for Roll Pattern
Day
3
$36.00
$108.00
Asphalt Cores
Each
22
$15.00
5330.00
Technician
Hour
9
530.00
5270.00
Asphalt Extraction & gradation
Each
1
$150.00
S150.00
Asphalt Mix Review
Each
2
$75.00
$150.00
Asphalt Densities (A.STM °' 186 s 02726)
Each
11
550.00
S550.00
Sub -Total
$2,006.00
H. Special Testing
Unit
Quantity
Unit Price
Item Total
Project Engineer/Manager Review of Reports
Hour
60
S75.00
56,000.00
Site Visits & Project Meetings
Hour
60
S75.00
54,500.00
Sub -Total
510,500.00
I. Trip Charges/Miscellaneous
Unit
Quantity
Unit Price
Item Total
Site Visit/Sample Pick Up
Trip
160
S25.00
S4,000.00
Sub -Total
$4,000.00
r v�
Materials Testing
Total Estimate
$66,567.00
GENERAL
Hourly work is portal to portal with a minimum of three hours per call out unless otherwise noted. Charges for services performed
outside of 8:00 AM to 5:00 PM, over 8 hours per day and on Saturdays will be billed at 1.5 times the listed rates. Services
performed on Sundays and holidays will be performed at 2.0 times the listed rates.
Project Manager to schedule personnel, supervise personnel and evaluate and review reports will be invoiced at $75.00 per hour
for a minimum of 0.2 hours per report issued. Above unit rates include up to three copies of each report distributed and mailed in
accordance with your instructions. Additional report copies billed at $1.00 each.
This proposal presents the typical construction materials testing required on area projects. if an increased or decreased scope of
work is desired, we would be pleased to discuss this at the appropriate time. Additional services and fees not listed, will be quoted
upon request.
Page 8 of 9
PSI Proposal No.: 337-2022
PROFESSIONAL SERVICE INDUSTRIES, INC.
PROJECT DATA SHEET
CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES
1. Project Name:
2. Project Location:
3. Project Manager:
Telephone No.: Mobile/Pager No.:
4. Site Contact:
Telephone No.: Mobile/Pager No.:
5. Number and Distribution of Reports:
( )Copies To:
Attn:
( )Copies To:
Attn:
6. Invoice Requirements:
Your Job No.:
Billing Address:*
Attn:
Special Invoice Instructions
( ) Copies To:
Attn:
( ) Additional Copies ($1.00 each)
Attn:
Purchase Order No.:
Mailing Address:*
Attn:
7. How will plans and specifications be provided to PSI?
*Note: "Bill to": Party responsible for payment
"Mail to": Invoice will be delivered here. This can be a different name or address if the invoice needs to be
approved by someone other than "BILL TO" client. No invoice is mailed to "BILL TO" client. If no special
Pi " V JOS, re given, the "MAIL TO" will be the same as the "BILL TO".
!
im. 2�Effl
I -J , V 1 11;7
PSI Proposal No.: 337-2022 GENERAL CONDITIONS
1. PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. (hereinafter referred to as "PSI") shall include said company or its particular division, subsidiary or affiliate performing the
work. "Work" means the specific geotechnical, analytical, testing or other service to be performed by PSI as set forth in PSI's proposal, Client's acceptance thereof and these General Conditions.
Additional work ordered by Client shall also be subject to these General Conditions. "Client" refers to the person or business entity ordering the work to be done by PSI. If Client is ordering the work
on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client
R
sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate
, rltimy rail Conditions to each and every third party to whom Client transmits any part of PSI's work. PSI shall have no duty or obligation to any third party greater than that set forth in PSI's pro•
,F a ' nt's acceptance thereof and these General Conditions. The ordering of work from PSI, or the reliance on any of PSI's work, shall constitute acceptance of the terms of PSI's proposal and
these General Conditions, regardless of the terms of any subsequently issued document.
2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly performed in accordance with the
plans, specifications and contract documents and PSI's recommendations. No claims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and inspec-
tions have been so performed and unless PSI's recommendations have been followed. Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from any and all
claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's rec-
ommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act or omission of PSI, its officers, agents or employees, subject to the lim-
itation contained in paragraph 9.
3. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished in a timely, workmanlike and professional manner by PSI personnel at the prices
quoted. If PSI is required to delay commencement of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a result of changes in the scope
of the work requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of PSI, additional charges
will be applicable and payable by Client.
4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for PSI to perform the work. PSI shall take reasonable measures and precautions to minimize damage to
the site and any improvements located thereon as the result of its work or the use of its equipment; however, PSI has not included in its fee the cost of restoration of damage which may occur. If Client
desires or requires PSI to restore the site to its former condition, upon written request PSI will perform such additional work as is necessary to do so and Client agrees to pay to PSI for the cost.
5. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at any site at which PSI is
to do work hereunder, and unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless
from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to PSI's performance of its work
and resulting to or caused by contact with subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to PSI by Client.
5. RESPONSIBILITY: PSI's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be responsi-
ble for evaluating, reporting or affecting job conditions concerning health, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or sup-
plier from performance of its work in accordance with the contract documents. PSI has no right or duty to stop the contractor's work,
7. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed
sixty (60) days after submission of PSI's report.
8. PAYMENT. Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees
to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum inter-
est rate permitted under applicable lase), until paid. Client agrees to pay PSI's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's
fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein PSI waives any
rights to a mechanics' lien, or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice, where required,
that rr.l, half file a lien whenever necessary to collect past due amounts. Failure to make payment within 30 days of invoice shall constitute a release of PSI from any and all claims which Client may
Ma her in tort, contract or otherwise, and whether known or unknown at the time.
A74 ANTY: PSI'S SERVICES 4'ALL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT'S ACCEPTANCE THEREOF
GENE TIONS, AND WITH GENERALLY ACCEPTED PRINCIPLES AhID PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, PSI WILL USE THAT DEGREE c NO SKILL
ORDINARILY EXER ER SIMILAR CIRCUMSTANCES BY (v1EMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES SENTATIONS, EITHER
EXPRESS OR IMPLIED. STATEtvt TS #.tom IN PS! REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONS REPRESENTATIONS OF FACT.
SHOULD PSI OR ANY OF ITS PROFESSIONAL EMPL FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS I TO HAVE MADE AND BREACHED ANY EXPRESS OR
IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIEN , TIES CLAIMING THROUGH CLIENT AND A S CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK
AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PS , ERS, EMPLOYE,GENTS SHALL BE LIMITED TO 525,000.00 OR THE TOTAL AMOUNT OF THE
FEE PAID TO PSI FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHE Qi IS GREATER.
IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITYDANCE WITH THE PROV FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST
OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPT -tiEi EOF, INCREASE THE LIMIT OF PSI'S LIABILITY T `St5$1 .00 OR THE AMOUNT OF PSI'S FEE, WHICHEVER IS THE
GREATER, BY AGREEING TO PAY PSI A SUM EQUI AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FO VICES. THIS CHARGE IS NOT TO BE CON-
STRUED AS BEING A CHARGE FOR INS F ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY RNEY'S FEES EXPENDED BY
PSI IN CONNECTION WITH M SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT.
Pio ACTT IM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT AGAINST PSI, ARISING FROM OR RELATED TO PSI'S WORK, MORE THAN TWO YEARS AF
TION OF PSI'S WORK HEREUNDER.
10. INDEMNITY: Subject to the foregoing limitations, PSI agrees to indemnify and hold Client harmless from and against any and all claimssuits, costs and expenses including reasonable attor-
ney's fees and court costs arising out of PSI's negligence to the extent of PSI's negligence. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client's
principal shall bring any suit, cause of action, claim or counterclaim against PSI, the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answer and
defend it, including reasonable arorney's and witness fees and court costs to the extent that PSI shall prevail in such suit.
11. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shall be compensated by Client for all services per-
formed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place PSI's files in order and/or protect
its professional reputation.
12, EMPLOYEES/WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's legal expenses, administrative cost_
and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. Client agrees not to hire PSI's employees except through PSI. In the event Client hires a PSI employee.
Client shall pay PSI an amount equal to one-half of the employee's annualized salary, without PSI waiving other remedies it may have.
13. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner, operator, generator, Storer, transporter,
treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollu-
tants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of
pollutants.
14 SIGNS 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:h:,SVtie event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable.
15. ENTIRE AGREEMENT. This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This
agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto.
B-900-11 (7) 8/98