HomeMy WebLinkAboutItem 10 - Creek 17/23 ConstructionITEM 0 no
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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
,FROM: ROGER NELSON, CITY MANAGER
MEETING DATE:
SUBJECT:
RECOMMENDATION:
JUNE 5, 2001
MATERIAL TESTING SERVICES / CREEK 17/23
CONSTRUCTION PROJECT
City Council consider awarding a Material Testing Services Contract with PSI in an
amount not to exceed $ 58,868.00, for testing services on the Creek 17 & 23 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
94 GO Bonds
178-78324-007
$373,830.48
7.8%
OOA CO
116-48930-536-1-000001
$4,203,129.00
$58,868.00
88.1%
96 GO Bonds
178-78355-009
$32,169.52
.6%
SDUS
116-48941-535-1
$160,710.00
3.4%
Peripheral Fees
178-21407
$1,892.77
.1%
TOTAL
$4,771,731.77
$58,868.00
100%
Budget
Amount
Award
Percent
Engineering
$556,410.00
11.7%
Construction
$3,474,877.00
72.8%
Testing
$65,000.00
$58,868.00
1.4%
Contingency
$675,444.77
14.1%
TOTAL
$4,771,731.77
$58,868.00
100%
The creek channelization project is comprised of multiple elements requiring material
testing services. Those elements include earthwork testing, channel bottom compaction
testing, and density testing and inspection of the CSRW wall backfill compaction that is
necessary to stabilize the vertical walls. Additionally, density testing, concrete testing
and or asphalt testing is necessary for the concrete walls and floors poured in the
May 30, 2001 (10:01 AM)
channel and the storm drain lines where underground systems are being replaced or
newly constructed.
The testing proposal is consistent with this size and scope of project.
Staff recommends approval.
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May 30, 2001 (110:01 AM)
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Engineering o Consulting - Testing
May 4, 2001
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
Creek Channel 23/17 -City of Grapevine
PSI Proposal No. 337-1033
Dear Mr. Bergthold:
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. We caution, however, that
unforeseen conditions, contractor's work schedule and weather can affect the total
cost. 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
Omni
Page 2 of 9
PSI Proposal No.: 337-1033
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 during
construction of the Creek Channel 23/17 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.
Dames R. Anderson, P.E.
Branch Manager
z,
Jon Szoste
District Manager
Attachments: Project Information/Assumptions
Estimated Materials Testing Cost Summary
Project Data Sheet
General Conditions
AGREED TO THIS DAY OF , 2001
SIGNATURE:
TYPED/PRINTED NAME:
TITLE:
Page 3 of 9
PSI Proposal No.: 337-1033
BASIS FOR TESTING ESTIMATE ON CREEK CHANNEL 23/17
FOR
THE CITY OF GRAPEVINE
Suitability of Materials
Aggregate backfill behind CSRW Walls -I am proposing 3 L.A. Abrasions and 3 Sodium Sulfate Soundness
tests for this material randomly sampled during the project.
I am proposing 6 gradation tests on this material.
Mix design reviews -1 am proposing to review up to 3 mix designs for use in this project.
Preparation for Channel Bottom Placement
As the requirement for placement of both concrete and ICPU blocks is 9517c compaction and there is close to
100,000 square ft. of channel bottom, I am proposing 120 hours of compaction testing at a ratio of
approximately one test per 3500 sq. ft.. I anticipate that it will be necessary to run at least 15 Proctor tests
during the course of this project. I anticipate 40 days of nuclear gauge usage.
Compaction Behind CSRW Walls
Althoucyh the height of the CSRW wails has been controlled to reduce or eliminate the use of a reinforcing grid,
compaction behind these walls to the specified 95% compaction level will be required whenever over -
excavation is done or if sloughing should occur behind the walls. The Contractor has indicated that he believes
compaction will be required behind the walls. This proposal allows for up to 110 hours of such testing, but will
not be billed if not required. This proposal does not allow for compaction testing on the aggregate backfill
behind the walls. This would add 43 days of nuclear gauge usage if required.
Monitoring Concrete Pours and Taking Samples
The Contractor estimates that only 30 c.y. per day will be poured when walls are done, and up to 70 c.y. when
bottom is being poured. Of the 2000 c.y. in the project, approximately half is for walls. This equates to 34 days
of wall concrete pours and 210 technician hours. I have estimated one set per day plus an allowance for small
pours to get 170 cylinders for walls. There will be about 15 days and 160 technician hours when bottom is
being poured and I have allowed for one set in the morning and one in the afternoon. With the allowance for
small pours, this amounts to 150 cylinders. Cylinder pickup when no concrete is being poured could consume
up to 66 hours of tech time. The tech time estimate assumes that reinforcing steel inspection can be performed
just prior to the pour without making a separate trip.
Storm Drain Installation
This proposal provides for Density Testing on approximately 2000 ft. of storm drain estimated to take 40 hours
of technician time and 14 days of gauge usage. It also provides for 30 hours of technician time for concrete
sampling for curb inlet installation and 40 cylinders to verify concrete quality. A small amount of asphalt
testing for street repair has also been made.
Report Review
I have estimated report review and project management (scheduling) at 60 hours of Engineer time. In addition,
I have allowed for up to 160 hours of On -Site visits and Project Meetings.
Trip Charges
I have estimated the number of trip charges to be 160 for this project. Only trips actually made will be charged
for.
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Page 4 of 9
PSI Proposal No.: 337-1033
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
.....Wetland Surveys....................................Hydrologic/Hydraulic Engineering
- Asbestos Sampling & Testing - Lead Based Paint Testing
- Roof Testing & Inspections - Floor Flatness Testing
Estimated Materials Testing Summary
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. 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
Grapevine Creek Channel 23/17
Materials Testing Estimate
$ 58,868.00
Page 5 of 9
PSI Proposal No.: 337-1033
A- Earthwork
Laboratory Moisture Density Relationship (ASTM 0698)
Each
15
$200.00
S3,000.00
Los Angeles Abrasions
Each
3
$85.00
S255.00
Sulfate Soudness Testing
Each
3
$125.00
5375.00
Gradations of aggregate backfill
Each
6
$45.00
$270.00
Bottom Channel Compaction Testing
Hour
110
$32.00
$3,520.00
Nuclear Gauge for Bottom Compaction Testing
Day
40
$36.00
$1,440.00
Sub -Total
$8,860.00
B. Wall Testing & Inspection
Compaction Testing behind CSRW Walls
Hour
120
$32.00
$3,840.00
Nuclear Gauge for Wall Testing
Day
43
$36.00
$1,548.00
Wall Concrete Inspection & Testing
Hour
250
$32.00
$8,000.00
Sub -Total
$13,388.00
C. Portland Concrete
Mix Design Review (ACI 304)
Each
3
$75.00
$225.00
Concrete Compression Cylinders °L""j,MA WU,A Uf.V?J tAS
Mw1 &(;39)) Each
320
$12.00
$3,840.00
Cylinder Pickup
Hour
66
$32.00
$2,112.00
Bottom Concrete Inspection & Testing
Hour
160
$32.00
S5,120.00
Sub -Total
$11,297.00
D. Storm Drain
Storm Drain Density Testing
Hour
40
$32.00
$1,280.00
Nuclear Gauge for Storm Drain Densities
Day
14
$36.00
5504.00
Concrete Sampling for Inlet Construction
Hour
32
S32.00
$1,024.00
Concrete Cylinders for Inlets
Each
40
$12.00
5480.00
Asphalt Field Density Testing
Each
15
$12.00
S180.00
Asphalt Mix Review
Each
1
$75.00
$75.00
Asphalt Densities (ASTM D, 188 & D2728)
Each
8
$60.00
5480.00
Sub -Total
$4,023.00
Unit
Quantity
Unit Price
E. Special Testing
Project Engineer/Manager Review of Reports
Hour
60
$75.00
S4,500.00
Site Visits & Project Meetings
Hour
160
$75.00
$12,000.00
Sub -Total
516,500.00
1. Trip Charges/Miscellaneous
Site Visit/Sample Pick Up
Trip
160
$30.00
$4,800.00
Sub -Total
$4,800.00
Materials Testing Total
Estimate
$58,868.00
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/Engineer 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 6Of9
PSI Proposal No.: 337-1033
PSI
GENERAL SCHEDULE OF SERVICES AND FEES
ENVIQO088ENTAUGEOTEHNCIAUCOWSRUCTION MATERIALS TESTING
Professional Services
Chief Engineer/Scientist .............................................................................................................................. Per Hour $125.00
Senior Technical Professional ...................... -......................................................................................... Per Hour $S5.00
Senior Project Engineer/Soienhut/Geologist .------------_-----------_______.PeMnur %B5.0V
,nqnp ... ......................... ................................................... ........................ Per Hour $75�VO
Graduate Engineer -----------------------------------_-_______ Per Hour $O5.00
Staff............................................................................................................................ Per Hou *65.0U
Drafting .........
_.........
_------.--._---------_-'---'-'_.......
...
_...
�Per Hour $45.VO
Clerical... .... ................. ................... ...... -..................... ...................................................................... Per Hour $ 35.00
Construction Materials Testing ' Laboratory Testing Services
Concrete
Concrete Compression Testing including hold cylinder, each .......................................................... .......... Per Each $12.OU
Flexural Strength of Concrete Test (Beams).each ..................................... ............................................... Per Each $24.UO
Mix Design Review, each ........................................................................................ ................................... Per Each $75l0
Masonry Cubes (\STM)C270.per set .............................................................................. ....................... Per Set $OU.00
Soils
AtterbergLknhx:
Soils, per each .............. ........................................................... ............................................................
Per Each
$ 40.00
Soils with additive, per each, ................................................ ..... ..................... .......................... ......
Per Each
$ 50.00
'5pqyze na ysis - ec ani per each ..... ..................................................................
Per Each
$125.00
................................. ..... --...............................................................
Per Each
$ 60.00
al Finer than 4200 Sieve, per each ................ ........................ .................. .....................................
. Per Each
$ 30.00
Moisture Content Determination, per each ................................................................. ................................
Per Each
$ 5.00
Specific Gmvhy, per each ................................................ ............................................... ............. ............
Per Each
$ 40.00
Density and Moisture Content, per each ................................................ .................... -............. ...........
Per Each
$ 20.00
Unconfined Compressive Strength:
Soil, per each .................... ................................................................ ......................................... ..........
Per Each
$ 25.00
Rock, per each ... ............................................ ..................................................................... ......... ......
. Per Each
$ 35.00
Moisture Density Relationship (Proctor Curve)
ASTMDU98(Standand).per each ...................................................... ........... .......................................
Per Each
$150.00
ASTM D1557(MouJmd).per each ..... .............................. -................ -------________�PmEach
$160.00
Sample Pmpa�hon.�rhou ------------'_---------'�-----_______P*Mou
$ 20.00
Triaxial Test
Unoonsol ida ted-Und rained, per specimen .... ..................... ........... .......................... --............ ......
Per Specimen
$ 85.00
unoonuoidated'Undrained, Multiple Stage ............................................ ............ --...........................
Per Stage
$350/0
Consolidated -Undrained with Pore Pressure Measurement, per specimen ............................................
Per Specimen
$650.00
Consolidated -Undrained with Pore Pressure Measurement, Multiple Stage .............. .................. ........
. Per Stage
$850.00
Consolidation Test, per each ..................... ............................................................. ..................................
Per Each
$300D0
Direct Shear, per point .............................................................................................
Per Point
$125.00
Percent Swell,pmeanh----_----------_------------_-____.Pa
Each
$125.00
California Bearing Ratio, per each ... ...........................................................................................................
Per Each
$300.00
THDTriaxial, per each ... ............................... .................... ........................................................................
Per Each
$950.00
Permeability Test
Failing Head, per each ................................ ..................................... .................. ................................
Per Each
$110l0
Triaxial, per each .............. ................... ......................................................................... ......................
Per Each
$350.00
pHLime Series (ASM Ce7r.per sample ..................... .............................................................................
Per Sample
$150.00
Asphal
Molding Specimens, (Jspooimons).per set .................... ..... -...... ..................................... .................... Per Set $125.00
t �opoumenu-----................................................... Per Set $ 50.00
Stability (3 specimens), per set .......... ........ ........... .................. .... .......................... ................ Per Set $126.00
Page 7of9
PSI Proposal No.: 337-1033
Construction, Materials Testing - Field Testing Services
Engineering technician; to perform field inspection of concrete, field density test
samplepick-up per hour............................................................................................................................. Per Hour $ 32.00
Senior Engineering technician to monitor drilled pier operations, verify reinforcing
steel placement and size, proof rolling inspection, etc., per hour................................................................ Per Hour $ 34.00
Certified Welding Inspector, per hour.......................................................................................................... Per Hour $ 48.00
Fireproofing/Roofing Inspector, per hour..................................................................................................... Per Hour $ 50.00
Concrete/Asphalt Coring, per hour (2 -man crew)........................................................................................ Per Hour $ 90.00
Field Gradations Equipment, per test.......................................................................................................... Per Test $ 10.00
DepthChecks, each................................................................................................................................... Per Each $ 10.00
Concrete Flatness, per square foot (minimum $650.00)............................................................................. Per Foot $ .05
0
Page 8 of 9
PSI Proposal No.: 337-1033
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:*
( ) Copies To:
Attn:
( ) Additional Copies ($1.00 each)
Attn:
Purchase Order No.:
Mailing Address:*
Attn: Attn:
Special Invoice Instructions
7. How will plans and specifications be provided to PSI?
+moi
mill 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 instructions are given, the "MAIL TO" will be the same as the "BILL TO".
Page 9 of 9 GENERAL CONDITIONS
PSI Proposal No.: 337-1033
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
assumes 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 communi-
these General 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'
posal, Client'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 proposa-
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.
6. 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.
6. 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 law), 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 PSI shall 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 Clien'
have, whether in tort, contract or otherwise, and whether known or unknown at the time.
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 IS 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.
SHOUL PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFO ITS WORK, OR TO HAVE MAD SS OR
IMPLIED WARRANTY, REPRESENT THROUGH C E IN ANY WAY RELIED UPON PSI'S WORK
AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF 000.00 OR THE TOTAL AMOUNT OF THE
FEE P TH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GRE T R.
WILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACCORDANCE WITH THE PROVIS S RTH IN THIS PARAGRAPH, CLI UEST
OF CLIENT RECEIVED WITHIN FI REOF. INCREASE THE LIMIT OF PSI'S LIA OUNT OF PSI'S FEE, WHICHEVER IS THE
GREATER. BY AGREEING TO PAY PSI A SUM EQUIVALENT TO AN ADDITION GED FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CON-
STRUED AS BEING A CHARGE FOR I CREASED CONSIDERATION FOR THE GRE A I RNEY'S FEES EXPENDED BY
CLAIM SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT I L APPLY TO ANY PROJECT.
NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE 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 indemnify and hold Client harmless from and against any and all claims, suits, 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 attorney'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 costs
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. 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
ten. In the 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.
PSI B-900-11 (7) 8/98