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Home My WebLink AboutItem 09 - Hilton Force Main ConstructionITEM / w9 --- MEMO TO: HONORABLE MAYOR AND MEMBER Or THE CITY COUNCIL ,FROM: ROGER NELSON, CITY MANAGER MEETING DATE: JUNE 5, 2001 SUBJECT: MATERIAL TESTING SERVICES / HILTON FORCE MAIN CONSTRUCTION PROJECT RECOMMENDATION: City Council consider awarding a Material Testing Services Contract with PSI in an amount not to exceed $ 34,274.00, for testing services on the Hilton Force Main 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 96Utility Bonds 200-48940-534-2-000004SW $484,328.00 16.9% 99 Utility Bonds 200-48940-534-5-000002SW $25,375.00 .9% 99 Utility Bonds 200-48940-534-5-000003SW $35,100.00 1.2% 99 Utility Bonds 200-48940-534-5-000004SW $2,059,555.00 72.0% WW Impact Fees 200-48930-534-6-000001 $161,419.00 $34,274.00 5.7% 97 Utility Bonds 200-48940-534-3-000003SW $69,065.51 2.4% Private 178-21560 $24,600.00 .9% Participation TOTAL $2,859,442.51 $34,274.00 100% Budget Amount Award Percent Engineering $233,745.00 8.2% Construction $2,253,000.00 78.8% Testing $40,000.00 $34,274.00 1.4% Contingency $332,697.51 11.6% TOTAL $2,859,442.51 $34,274.00 100% May 25, 2001 (8:13AM) The Hilton Force Main Project includes 19,000 linear feet of 24" force main extending from the Hilton Lift Station in the vicinity of the Fellowship Church west to the intersection of Wildwood Drive and Boyd Drive. The proposal anticipates a scope of material testing that is specified in our construction documents relative to frequency of tests based on the length of the line and the depth of the backfill in the trench. The proposal is consistent with similar projects of this type. Staff recommends approval. JSL/dsm O:\agenda\0605011 Material Test Hilton FM.agm May 31, 2001 (11:36AM) Information AP% dr—ft N � 7 On Engineering • Consulting • Testing May 15, 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 Hilton Lift Station Force Main Upgrade PSI Proposal No. 337-1035 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 4191AV Page2of8 PSI Proposal No.: 337-1035 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 Hilton Lift Station Force Main Upgrade 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. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. AaW)r� mes R. An erson, P.E 5'e qJn Szostez.0 Branch Manager 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 8 PSI Proposal No.: 337-1035 BASIS FOR TESTING ESTIMATE ON HILTON LIFT STATION FORCE MAIN UPGRADE FOR THE CITY OF GRAPEVINE DENSITY.' TESTING The -overwhelming portion of construction materials testing on this project will be density testing on the 19,000 l.f. of sanitary sewer force main. The amount of density testing required will depend primarily on the Contractor's work schedule and the compaction standard applied. The City of Grapevine standard of one test per 100 ft. per 5 ft. of depth will be totally inadequate since native materials are being used to backfill. Based on past experience with this type of project, I have estimated that the Contractor can achieve a production rate of 200 l.f. per day and will take approximately 95 working days to complete the project. I am proposing a testing allowance of 3 hours in the morning and 3 hours in the afternoon on each work day. This will give the technician adequate time to observe the construction practices being used by the Contractor and to take the appropriate tests. Since the line will be going through a wide variety of different materials, I am estimating that approximately 22 Proctor tests will be required. CONCRETE TESTING This proposal provides for concrete testing on the sanitary sewer manholes and one the concrete encasement required when crossing water lines. ASPHALT TESTING This proposal does not allow for asphalt testing, but sample collection can be done within the time frame g. The assigned technician can establish roll patterns for asphalt patching within the proposed for density testin allowance for density testing. Should asphalt testing be required, it can be performed at unit rates attached to this proposal. REPORT REVIEW AND PROJECT MANAGEMENT This proposal provides for a Professional Engineer to review all testing reports and to make periodic visits to the job site to consult on problem situations and observe construction technicques, 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 ® Special Engineering Services c® kD Page 4 of 8 PSI Proposal No.: 337-1035 ESTIMATE OF TESTING COSTS 570 Technician hours for density testing @$32/hr 190 trip charges @ $30/trip 22 Proctors (including A.L. & -200) @ $200 Concrete cylinders for manhole & encasement 320.12 Report review 40 hrs @ $75 Site Visits and Consultation 30 hrs @ $85 Total for Project $18,240 $ 5,700 $ 4,400 $ 384 $ 3,000 $ 2,550 $34,274 Testing for items not in this proposal can be done at unit rates attached to and made a part of this proposal. Only items actually done will be billed for. 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. 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 Roof Testing & Inspections /�'r'�'• . Lead Based Paint Testing Floor Flatness Testing Page 5 of 8 PSI Proposal No.: 337-1035 GENERAL SCHEDULE OF SERVICES AND FEES ENVIRONMENTAUGEOTEHNCIAL/CONSRUCTION MATERIALS TESTING Professional Services ............Per Hour 5125.00 Chief Engineer/Scientist.................................................................................................................. Hour S 95.00 Senior Technical Professional ................................................. .................I.................................................Per Hour S 85.00 Senior Project Engineer/Scientist/Geologist....................................................................................I...... ,,,,.Per Hour S 75.00 Project Engineer/Scientist/Geologist...........................................................................................................Per Hour $ 65.00 Graduate Engineer:....................................................................................................................................Per Hour $ 65.00 Staff Scientists/Geologist ........................................................................................................... ................Per .. ......Per Hour S 45.00 Drafting ......... ...................... .................................................. Hour 5. 00 Clerical........................................................................................................................... .............................Per Construction Materials Testing - Laboratory Testing Services Concrete Concrete Compression Testing including hold cylinder, each......................................................................Per Each S 12.00 Flexural Strength of Concrete Test (Beams), each......................................................................................Per Each Each $ 24.00 $ 75.00 MixDesign Review, each............................................................................................................................Per Set $ 60.00 Masonry Cubes (ASTM) C 270, per set......................................................................................................Per Each $ 20.00 Masonry Grout Specimans (ASTM C 1019), each ....................... ..........................................................Per Soils Atterberg Limits: .,..,,..Per Each S 40.00 Soils, per each......................................................................................................................................Per Each $ 50.00 Soils with additive, per each............................................................................................................ Each $125.00 Grain Size Analysis -Mechanical &Hydrometer, per each .........................................................................Per Per Each $ 50.00 Sieve Analysis, per each.................................................................................. Each S 30.00 .....Per Material Finer than #200 Sieve, per each. ...................................... ........................... .................. ......... per Each $ 5.00 Moisture Content Determination, per each................................................................................... ... .,..... per Each S 40.00 SpecificGravity, per each ............. ......... .................. ................................... ..................... ............... 1. Per Each S 20.00 Density and Moisture Content, per each ................................................... ................................................. Unconfined Compressive Strength: ..............Per Each $ 25.00 Soil, per each. ............ ....... Each S 35.00 Rock, per each ........................... ............... ............. .........................................................,...........Per . Moisture Density Relationship (Proctor Curve) Each $150.00 ASTM D 698 (Standard), Per each.................................................................................................. ,,,..,per Per Each S160,00 ASTM D 1557(Modified), per each......................................................................................................... Per Hour 5 20.00 Sample Preparation, per hour.................................................................................................................... Triaxial Test .........Per Specimen $ 85.00 Unconsolidated -Undrained, per specimen..................................................................................... Per Stage $ 350.00 Unconsolidated -Undrained, Multiple Stage............................................................................................ Per Specimen $650-00 Consolidated -Undrained with Pore Pressure Measurement, per specimen....... . .................................... Per Stage $ 850.00 Consolidated -Undrained with Pore Pressure Measurement, Multiple Stage_ ........................................ Each $ 300.00 Consolidation Test, per each......................................................................................................................Per Point S 125,00 Consolidated -Drained Direct Shear, per point .................................... Each S 125.00 Percent Swell, Per each.................................................................................... ........................................Per ..... Per Each $300,00 California Bearing Ratio, per each ..... ........................................ ....................... ............ I......................... Each $ 950.00 TND Triaxial, per each. .. ........... ............ .......................................... .......... ..............................................Per Asphalt Set $125.00 Molding Specimens, (3 specimens), per set................................................................................................Per Set $ 50.00 Density (3 specimens), Per set....................................................................................................................Per Set 5125.00 . HVEEM Stability (3 specimens), per set ....................................................................... .....,.......................Per Each $150.0 Extraction &Gradation., each ....................................... ..............................................................................Per Each $ 50.00 .................................................................... Theoretical Specific Gravity, each... """"""" ,,,,.,,,per Page 6of8 PSI Proposal No.: 337-1035 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 rE7/ . Page 7 of 8 PSI Proposal No.: 337-1035 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: Copies To: Attn: Attn: ( ) Copies To: ( ) Additional Copies ($1.00 each) Attn: Attn: 6. Invoice Requirements: Your Job No.: Purchase Order No.: Billing Address:* Mailing Address:* Attn: Attn: Special Invoice Instructions 7. How will plans and specifications be provided to PSI? *Note: "Bill to": Party responsible for payment it to": Invoice will be delivered here. This can be a different name or address if the invoice RWZri 0 A, ds to be approved by someone other than "BILL TO" client. No invoice is mailed to "BILL TO" PPEt. If no special instructions are given, the 'MAIL TO" will be the same as the "BILL TO". rge 8 of 8 GENERAL CONDITIONS >I Proposal No.: 337-1035 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 communicate th0:,rt�,,I 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 greaterthan that set forth in PSI's pro - 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 hral 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. 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 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 reasoflable 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 (SI 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 Client may ha' in tort, contract or otherwise, and whether known or unknown at the time. 9Ither ANTY: 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. EEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO ADE AND AVE IMPLIED WA OR ANYOF I ENTAT OIN OR CONTRACT, CB E OUaD TPART ES CLAIMING THROUGH CLIENT AND ALL PARTIES LAIM NG TOHHA ERIN ANY WAY BREACHED ANYr�EXSI'S WORKAGREE THAT THE MAXIMUM A%>aRFfn4T€_A�pOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TOS2�,B88 8 THE AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED WI THE PROJECT, WHICHEVER AMOUNT IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY WITH THE ET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREA ' LIABILITY TO $250,000.00 OR THE AMOUNT OF PSI'S FEE, WHICHEVER IS THE GREATER, BY AGREEING TO PAY PSI A SUM EQUIVALENT TO AN AD LINT OF 56/a OF THE TOTAL F E-6ki ED FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CON- STRUED AS BEING A CHARGE FOR INSURANCE OF IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY IN EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY C DUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. NO ACTIO I NETHER IN TORT, CONTRACT, OR OTHERWISE, MAYBE BROUGHT AGAINST PSI, ARISING FROM OR RELATED TO PSI'S WORK, MORE THAN TWO YEAR ION 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 ISIONS 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, . , Je 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