The URL can be used to link to this page

R2004-143 08-30-04 RESOLUTION NO. R2004-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #10 SUPPLEMENT #10 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (YOST ROAD PROJECT). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Turner, Collie and Braden, Inc., (% C & B) for Program Management of the Pearland Mobility and Drainage Bond Program was authorized by the City Council on December 10, 2001. Section 2. That T C & B has developed work authorization #10 Supplement #10, which is attached hereto as Exhibit "A". Section 3. That work authorization #10 Supplement #10 for materials testing services associated with the Yost Road Project is hereby approved. PASSED, APPROVED and ADOPTED this the 30th day of August , A.D., 2004. ATTEST: /Y~(~ U N C~~~~ ~ ~,~/ITY ~ECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR ATTACHMENT D Exhibit "A" Resolution No. R2004-143 WORK AUTHORIZATION NO. 10 SUPPLEMENT NO. 10 This Work Authorization is made pursuant to the terms and conditions of the Pearland Mobility & Drainage Bond Program, hereinafter identified as the "Contract," entered into by and between the City of Pearland ("City"), and Turner Collie & Braden Inc. ("Engineer). PART 1. Work Authorization No. 10, Supplement No. 10 is related to the improvement of Yost Boulevard from Broadway (FM 518) to Clear Creek. The Engineer will perform Construction Materials Testing services under this Authorization. PART 2. The maximum amount payable for services under this Work Authorization, Supplement No. 10 is $51,945.00. This amount is based on the rates in the attached fee proposal submitted by Professional Services Industries, Ific., dated August 18, 2004. PART 3. Payment to the Engineer for the services established under this Work Authorization shall be "Reimbursable-Not- To-Exceed". PART 4. This Work Authorization shall become effective on August 31, 2004 and shall terminate on November 12, 2005, unless extended by a supplemental work authorization. PART 5. This Work Authorization does not waive the parties' responsibilities and obligations provided under the contract. PART 6. This Work Authorization is hereby accepted and acknowledged below. ENGINEER Typed or Printed ~ame CITY OF PEARLAND Bill Eisen Typed or Printed Name Title LIST OF EXHIBITS Exhibit A - Fee Schedule City Manager Title 8-30-04 Date Turner Collie Braden Inc. 8/18/2004 EXHIBIT A FEE SCHEDULE Pearland Mobility & Drainage Bond Program Work Authorization No. 10 Supplement No. lO Summary Proiect Yost Boulevard Engineering Services Hydrologic & Hydraulic Environmental Compliance ' Cultural Resources 404 Permit Outfall "A" 404 Permit Cultural Resources Topographic Survey FM 518 Intersection Sleepy Hollow Park Site Geotech ROW Maps & Documents FM 518 Intersection Sleepy Hollow CuI-Du-Sac Abstracting PS&E Traffic Control SWPPP Thompson Berg Oliver Berg Oliver Berg Oliver Berg Oliver Berg Oliver Thompson Thompson Thompson Terra-Mar Thompson Thompson Thompson Thompson Thompson Thompson Thompson Traffic Signals & Landscap~ Thompson Reimbursable Expenses Thompson FM 518 Intersection Thompson Sleepy Hollow CuI-Du-Sac Thompson Sleepy Hollow Park Site Thompson ROW Acquisition Assistance Contract Land Staff Construction Inspection Services Materials Testing Subtotal Total to Date Previous Authorization $ 54,057.00 $ 28,000.00 $ 6,300.00 $ 3,250.00 $ 8 450.00 $ 9 290.00 $ 39 400.00 $ 5 155.00 $ 4 315.00 $ 4 275.00 $ 57 041.60 $ 2,040.00 $ 2 175.00 $ 2 296.00 $ 229364.07 $ 44 503.00 $ 11 790.00 $ 58 623.00 $ 7 617.00 $ 7 251.00 $ 3 814.00 $ 5 181.00 $ 118 000.00 $ 85 000.00 $ $ 797,187.67 Current Authorization $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 51,945.00 $ 51,945.00 $849,132.67 Page 1 of 1 August 18, 2004 City of Pearland c/o Turner Collie Braden Inc. P.O. Box 130089 Houston, Tx. 77219-0089 Attn: Mr. James W. Keller, P.E. Re: Proposal for Construction Materials Testing and Inspection Services Yost Blvd. Mobility & Drainage Bond Program Pearland, Texas PSI Proposal No.: 204-40099-rev 1 Dear Mr. Keller, In response to the request from Mr. James W. Keller, P.E. of Tuner Collie & Braden Inc., Professional Service Industries Inc., (PSI) is pleased to submit the following proposal for providing construction materials testing and inspection services for the referenced project. PSI proposes to provide experienced technical personnel to perform testing as requested by our client in general accordance with the project specifications provided to PSI by City of Pearland, and also proposes that the work be accomplished on a unit price basis in accordance with the attached Schedule of Fees and that the work be performed pursuant to the PSI General Conditions. Copies of the PSI Schedule of Services and Fees and General Conditions are enclosed herewith and are incorporated into this proposal. PSI's fees would be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. PSI will proceed with the work on the basis of verbal authorization; however, please sign and return one (1) copy of this proposal intact, PSI can not issue any reports until a signed copy of the proposal or alternate form of contract is received. When returning the proposal, please complete the attached Project Data Sheet so that your file can be properly established. PSI performs a complete range of construction materials testing and inspection services. In addition to those listed in the Schedule of Fees, your project can be provided with the following, if requested: City of Pearland August 18, 2004 PSI Proposal No.: 204-40099 Page 2 of 8 - Roofing installation observation, inspection and testing; - Welder qualification and testing; . - Structural Steel fabrication and field erection inspection and testing, including non-destructive testing of welds and tests on high strength bolts; Physical tests on metals and other construction materials, including pressure and load testing; Asbestos inspection, analysis and management; Environmental site assessments; Geotechnical drilling and foundation design; Analytical chemistry. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. You will be contacted within five days to answer any questions you may have concerning this proposal and the services that PSI can provide your project. Respectfully submitted, Professional Service Industries, Inc. Reggie Jackson Department Manager Construction Services Iradj Ayazi, P.E. Vice President Construction Services Attachments: Schedule of Services & Fees Project Data Sheet General Conditions Construction Materials Cost Estimate AGREED TO THIS BY: DAY OF TITLE: FIRM: City of Pearland August 18, 2004 PSI Proposal No.: 204-40099 Page 3 of 8 Construction Materials Testing Cost Estimate Yost Blvd. Mobility & Drainage Bond Program Cit~ of Pearland Description of Services Quantity Unit Fee Unit Total Utility Backfill '! 50 LF per day Senior Engineering Technician 360 $38.00 hour $13,680.00 Senior Engineering Technician OT 0 $57.00 hour $0.00 Use of Nuclear Gauge (8hr/day max) 45 $35.00 day $1,575.00 Vehicle Charge (8hr/day max) 45 $40.00 day $1,800.00 Moisture Density Relationship, ASTM D-698 3 $120.00 each $360.00 Atterberg Limits 3 $40.00 each $120.00 Sieve Analysis 3 $40.00 each $120.00 Compressive Strength CSS 120 $50.00 each $6,000.00 Project Manager 15 $65.00 hour $975.00 Paving - 400 cubic yards / pour Engineering Technician 280.0 $34.00 hour $9,520.00 Engineering Technician OT 0.0 $51.00 hour $0.00 Vehicle Charge 35.0 $40.00 day $1,400.00 Flexural Tests (Beams) 260.0 $18.00 each $4,680.00 Comp Test (Cylinders) 40.0 $12.00 each $480.00 Project Manager 20 $65.00 hour $1,300.00 Compaction / Lime inspection Sr Engineering Tech 150 $38.00 hour $5,700.00 Sr Engineering Tech - ot 0 $57.00 hour $0.00 Asphaltic Concrete lab Testing,per set 2 $350.00 each $700.00 Moisture Density Relationship, Lime & Cement 4 $135.00 each $540.00 Moisture Density Relationship, ASTM D-1557 2 $130.00 each $260.00 Nuclear Gauge 25 $35.00 day $875.00 Vehicle 25 $40.00 day $1,000.00 Project Manager 10 $65.00 hour $650.00 Engineering Project Engineer/P.E. 2 $105.00 hour $210.00 Approximate Total Estimated Cost: $ 51,945.00 City of Pearland August 18, 2004 PSI Proposal No.: 204-40099 Page 4 of 8 LaPorte Professional Service Industries, Inc. Schedule of Services and Fees * Construction Materials Testing Effective January 1, 2004 LABORATORY TESTING SERVICES Concrete and Aegregates Laboratory testing of concrete, grout, mortar and lightweight roof fill cylinders, beams and cubes delivered to our laboratory in accordance with ASTM procedures and project specifications: a. Concrete Compression Test .................................................................................. Each b. Reserves Not Tested ............................................................................................. Each c. Lightweight Concrete Compression Test .............................................................. Each d. Flexural Strength of Concrete Test (Beams) ........................................................ Each e. Concrete Tensile Strength .................................................................... : ................ Each f. Compressive Strength of Cubes ............................................................................. Each g. Grout Prisms ........................................................................................................... Each $ 12.00 $ 12.00 $ 14.00 $ 18.00 $ 20.00 $ 16.00 $ 16.00 Sieve Analysis of Aggregates ...................................................................................... Each Abrasion Test of Aggregates by Los Angeles Machine .............................................. Each Density of Lightweight Concrete Cylinders ................................................................. Each Testing of Aggregates for Mix Design (Absorption, Specific Gravity, Unit Weight) .................................................................................. Per Series Proportioning and Preparation of Concrete Mix Design (Cylinders and Sampling of Materials Extra) ............................................................ Per Point Concrete Mix Design Review for Compliance to ACI or ASTM Standards ................................................................................................... Each Preparation and Testing of Cores ................................................................................. Each $ $ $ $ $ $ $ 39.00 150.00 16.00 80.00 175.00 115.00 50.00 Soils Moisture/Density Relationship of Soil (Proctor Test): a. ASTM D~698 & D-1557, Method B .................................................................... Each b. ASTM D-698 & D-1557, Method C .................................................................... Each c. Relative Density Determination ............................................................................ Each Atterberg Limits Determination (PI) ............................................................................ Each Grain Size Analysis, Mechanical & Hydrometer ....................... : ................................ Each Material Finer Than #200 Sieve .................................................................................. Each Bearing Ratio Test (CBR), ASTM D-1883 (Does not include moisture/density relationship) ...................................................... Each Permeability Test: a. Falling Head ...................... ~ ................................................................................... Each b. Constant Head ....................................................................................................... Each c. Remolded Sample ................................................................................................. Each Organic Content ........................................................................................................... Each $ 120.00 $ 130.00 $ 157.50 $ 4O.0O $ 125.00 $ 40.OO $ 158.00 $ 150.00 $ 170.00 $ 6O.OO $ 4O.OO Asphaltic Concrete Testing a. Molding Specimens (3 Specimens) ....................................................................... Per Set b. Density (3 Specimens) .......................................................................................... Per Set c. Stability (3 Specimens) ......................................................................................... Per Set d. Extraction and Gradation .................... .~., .............................................................. Each e. Theoretical Specific Gravity ................................................................................. Each 45.00 39.00 70.00 145.00 65.00 City of Pearland August 18, 2004 PSI Proposal No.: Page 5 of 8 204-40099 Thickness Determination of Asphaltic Concrete Cores ..................................... ~ .......... Density Determination.of Asphaltic Concrete Cores ................................................... Each Each $ 10.00 $ 10.00 Other Items Compressive Strength of Soil Cement or Mortar ........................................................ (Plus Technician Time for Sample Preparation) Density Determination - Soil Cement .......................................................................... Absorption and Saturation - Facia Brick ..................................................................... Compressive Strength - Facia Brick ............................................................................ Compressive Strength of Masonry Prisms ................................................................... Each Each Set of 5 Set of 5 Each 50.00 15.00 250.00 125.00 125.00 FIELD TESTING SERVICES Engineering Technician to Perform: a. Concrete Placement Inspection b. Concrete Batch Plant Inspection c. Cylinder/Cube/Beam Pick Up Engineering Technician (Minimum 4 Hours) .............................................................. Overtime ....................................................................................................................... Per Hour Per Hour 34.00 51.00 Senior Engineering Technician to Perform: a. Asphalt Batch Plant Inspection b. Drilled Pier, Pile and/or Foundation Inspection c. Pre-cast Concrete Inspection d. Soil Cement or Lime Stabilization Inspection e. Field Compaction Testing and Observation f. Laboratory Technician g. Sample Pick Up Senior Engineering Technician (Minimum 4 Hours) .................................................. Per Hour $ 38.00 Overtime ....................................................................................................................... Per Hour $ 57.00 Concrete Pavement Cores (Minimum Fee $225.00) 4 Inches Thick or Less, 4 Inch Diameter Bit ............................................................. Per Core $ 72.00 Note: Any other diameter or thickness required will be cored at the rate of $1.45/inch thickness/inch diameter. Coring of Structural Concrete ...................................................................................... Asphaltic Concrete Pavement Cores (Minimmn Fee $200.00) a. 4 Inches Thick or Less, 4 Inch Diameter .............................................................. b. 5 Inches Thick or Greater ..................................................................................... Will Quote Upon Request Per Core $ 65.00 Per Core $ 68.00 Roofing and/or Waterproofing Inspection (4 Hr. Min.) .............................................. Overtime ....................................................................................................................... Visual Welding and Bolting Inspection (4 Hr. Min.) .................................................. Overtime ....................................................................................................................... AWS Certified Welding Inspector ............................................................................... Overtime ....................................................................................................................... Per Hour $ 50.00 Per Hour $ 75.00 Per Hour $ 52.00 Per Hour $ 78.00 Per Hour $ 54.00 Per Hour $ 81.00 City of Pearland August 18, 2004 PSI Proposal No.: Page 6 of 8 204-40099 Other Services USe of Nuclear Density Gauge ..................................................................................... Use of James R-Meter .................................................................................................. Skidmore Wilhelm ............................................................................................. ~ ....... Field Sieve Analysis ..................................... ~ ............................ : .................................. Transportation Charge (Minimum 4 hours) ................................................................. Per Hour $ 6.00 Per Day $ 40.00 Per Day $ 105.00 Each $ 10.00 Per Hour $ 5.50 Entineering Services Professional Engineer ................................................................................................... Project Engineer ..................................................................................................... Project Manager ..................................................................................................... Per Hour $ 105.00 Per Hour $ 85.00 Per Hour $ 65.00 Remarks · All hours are portal to portal from 1413 W. Barbours Cut Blvd. LaPorte, TX. Fractions of hours will be billed as whole hours. Technician rates will be billed at 4 hour minimum. Overtime is classified as all hours worked over eight (8) hours per day and hours worked after 5:00 p.m. weekdays and any hours worked on Saturdays, Sundays or Holidays. The overtime rate is 1.5 times the applicable hourly rate. · Safety training courses and drag screen testing will be invoiced at applicable hourly rates. The dmg screen and safety course fees will be invoiced at cost + 15%. · Project Manager/Engineer to schedule and supervise personnel and evaluate and review reports will be billed at a minimum of 0.1 hours per report issued. · Laboratory testing requiring overtime, weekend or holiday work will be invoiced at applicable test rate plus technician overtime charges. · Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. · Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum four (4) hour charge. · Services and fees not listed will be quoted upon request. City of Pearland August 18, 2004 PSI Proposal No.: Page 7 of 8 204-40099 PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET Project Name: Project Location: Your Job No.: Project Manager: Number and Distribution of Reports: ( ) Copies To: Purchase Order No.: Telephone No.: ( ) Copies To: __ Attn: ( ) Copies To: Attn: ( ) Copies To: ~ Attn: Invoicing Address: Attn: Attn: Site Contact: Other Pertinem Information: Telephone No.: City of Pearland August 18, 2004 PSI Proposal No.: 204-40099 Page 8 of 8 GENERAL CONDITIONS · PARTIES AND SCOPE OF WORK: Professional Service Indus~es Inc. (hereinafter referred to as 'PSI") shall include said company or its particular division, subsidiary 01 aoUiate performing the work· "Work" means the specifi ._.otechnical, analytical, testing or other service to be performed by PSI as set fodh in PSI's propesal, Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these Gener; mditians. '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 th Jrpose 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 f¢ ,lient's intended purpose. Client shall communicate 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 s( ~dh in PSI's proposal, Client's acceptance thereof and these General Conditions. The ordering of work from PSt, or the reliance on any of PSI's work, shall constitute acceptance of the terms of PSI's proposal and these Gener; mdifions, regardless of the terms of any subsequently issued document. · TESTS AND INSPECTIONS: Client shall cause all tests and inspecfions of the site, materials and work performed by PSt or others to be timely and properly performed in accordance with the plans, specifications and contra( )cuments 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 inspections have been so performed and unless PSI's recommendations hav ._.en followed. Client agrees to indemnity, 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 reasonabl :torney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act or omission ( SI, its officers, agents or employees, subject to the limitation contained in paragraph 9. · 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 dele 3mmencement 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 padie., ~terruptions in the progress of construction, or other causes beYond the direct reasonable control of PSI, additional chargeS will be applicable and paya~le by Client· · 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 improvemenl cared 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 condifior ) on written request PSI will perform such additional work as is necessary to do so and Client agrees to pay to PSI for the cost. · CLIENTS OUTY 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, an ~less 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, includin ~asonable 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 c ~nduits where the actual or potantial presence and location thereof were not revealed to PSI by Client. 5. RESPONSIBILITY: PSt's work shall not incfude determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be responsible for evaluating, reporting ¢ 'fecting 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 supplier from performance of its work in accordance with the contra( ~cuments. PSI has no right or duty to stop the contractor's work. · 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 ( Sl's report. · 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 amount ~voiced 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 interest rate permitted under applicable law), until paid. Client agrees t ~y 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 ( sputes 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 thir ~rty. These Genera Conditions are notice, where required, that PSt 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 an I claims which Client may have, whether in tod, contract or otherwise, and whether known or unknown at the time. · WARRANTY: PSI'S SERVICES Will BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT'S ACCEPTANCE THEREOF, THESE GENERA ,ONDITIONS, AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, PSi WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCtSEI NDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED. STATEMENTS MADE II Si REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. HOULD PSI OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT iN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIEI /ARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXiMUI GGREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK.PERFORMED WITI IESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. ,~ THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY iN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST OF CUEN IECEIVED WITHIN FIVE DAYS OF CL ENT'S ACCEPTANCE HEREOF INCREASE THE LIMIT OF PSt'S LIABILITY TO $250,000.00 OR THE AMOUNT OF PSI'S FEE, WHICHEVER IS THE GREATER, BY AGREEING TO PA' Si A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF AN' f'PE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY Si IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. O 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 O SI'S WORK HEREUNDER. 0, 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 attorney's fees and court costs arising o[ 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 counterclalr tainst 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 she 'evail in such suit. 1. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice, th the event of termination, PSI shall be compensated by Client for ali services performed up to and including th ~rrninat~on date, inc ud ng reimbursable expenses, and for the completion of such services and records as are necessary to place PSI's flies in order andlor protect its professional reputation. .). EMPlOYEES/WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's tegaJ expenses, administrative costs and fees pursuant to PSI's the Jrrent fee schedule for PSI to respond to any subpoena. Client agrees not to hire PSl'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' nualized salary, without PSI waiving other remedies it may have. 1. 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 thes ~rms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provision RCRA and any other Federal or State statute or regulafion governing the handling, freatroent, storage and disposal of pollutants. ~.. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these General Conditions be enforced as written. In the event any of the provisiom these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 5. 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, ~edified or terminated only in writing, signed by each of the parties hereto·