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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-220Temp. Reso. #8326 Page 1 July 8, 1998 Rev. #1, July 15, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 - oUo A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PROFESSIONAL SERVICE INDUSTRIES, INC. FOR CONSULTING SERVICES TO REMOVE TWO (2) UNDERGROUND DIESEL TANKS WHICH SUPPLY FUEL FOR EMERGENCY GENERATORS AT BROWARD SHERIFF'S OFFICE AND CITY HALL; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $12,115; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates, and maintains one (1) one thousand (1,000) gallon underground diesel storage tank at the Broward Sheriffs Office and one (1) one thousand (1,000) gallon underground diesel storage tank at City Hall; and WHEREAS, the two (2) underground diesel tanks supply fuel for emergency generators for the Broward Sheriffs Office and City Hall; and WHEREAS, the United States Environmental Protection Agency enacted Rule 40 CFR 280.21 which requires upgrade or replacement of existing storage tanks before December 31, 1998, in an effort to prevent underground fuel leaks; and WHEREAS, the Florida Department of Environmental Protection adopted Rule 40 CFR 280.21; and WHEREAS, on March 27, 1996, the City Commission approved Resolution No. R96-62, hereto attached as Exhibit 1, to execute agreements with six (6) consulting firms, Temp. Reso. #8326 Page 2 July 8, 1998 Rev. #1, July 15, 1998 including Professional Service Industries, Inc., to provide engineering services to the City on a "as -needed" basis; and WHEREAS, Professional Service Industries, Inc., a geo-technical engineering firm, submitted a proposal for $12,115; and WHEREAS, funding was appropriated by the City Commission in the Fleet Services Fund for said purpose; and WHEREAS, the Director of Public Works, Purchasing/Contracts Manager, and Public Works Operations Manager recommend that the City utilizes Professional Service Industries, Inc. for professional Services; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award the professional services proposal to Professional Service Industries, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute a Professional Services Agreement with Professional Service Industries, Inc., a copy of said Agreement being hereto attached as Exhibit 2. SECTION 3: A total expenditure in an amount not to exceed $12,115 is hereby authorized from within the Fleet Services Fund. SECTION 4: Temp. Reso. #8326 Page 3 July 8, 1998 Rev. #1, July 15, 1998 All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 2-2 ATTEST: CAROL LD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I approved this RESO UTION as/to/ orm/. I l-j MITCHELL S CITY ATTOR U:\adm correspond ence\agendas\8326RES-UST Professional Services day of )U-el 1998. / i r r MAYOR RECORD OF COMMIS MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: W A MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE 09:03 AM A FAX NO, Exhibit 2 TEMP. RESO. No.., AGREEMENT BETWEEN THE CITY OF TAMARAC AND PROFESSIONAL SERVICE INDUSTRIES, INC. FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this,7,-9day of J�ipleoffjce� / 1998 by and between the City of Tamarac, a municipal corporation with located at 7525 N-W_ 88th Ave., Tamarac, FL 33321-2401 (the "City') and Professional Service Industries, Inc. with principle offices located at 7980 Central Industrial Drive, N, Suite 120, Rivieria Beach, FL 33404 (the "Consultant") to provide engineering services related to site assessment of existing underground storage tanks. In consideration of the mutual promises contained in this document, the City and Consultant agree as follows: 1. The period of this agreement shall begin upon issuance of a notice to proceed and be completed within an estimated timeframe of 120 days. 2. For satisfactory performance of the services described in the attached Schedule A, the City shall pay Consultant the compensation provided for in the attached Schedule B. Payment shall be made within thirty (30) days after the City's receipt and approval_ of Consultant's monthly statement of services and costs, prepared in such form and detail as the City may specify. Consultant shall not incur costs for performance of services under this Agreement in excess of $12,115.00 without the prior written authorization of the City Manager. 3. In performing services under this Agreement, Consultant shall be deemed an Independent Contractor and shall not act as nor be an agent or employee of the City. As an Independent Contractor, Consultant will be solely responsible for determining the means and methods for performing the professional and/or technical services described in Schedule A. This Agreement shall not be assigned by Consultant; any attempt to do so shall be void and have no effect. All of consultant's activities will be at its own risk and Consultant is hereby given notice of its responsibility for arrangements to guard against physical, financial, and other risks as appropriate. Consultant shall observe and abide by all applicable laws and regulations, including, but not limited to, those of the City of Tamarac relative to conduct on its premises. Consultant agrees to perform its services with that standard of professional care, skill, and diligence normally provided in the performance of similar services. 4. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Consultant in the performance of this JUL 16 'ge 08:54 PAGE.02 09:03 AM A FAX NO. P. 03 rent shall be used only in connection with the services provided the City. All )s and specifications developed as a result of this Agreement shall become the property of the City of Tamarac. 5. Either the City or Consultant may terminate performance under this Agreement at any time by notifying the other party in writing at least thirty (30) days in advance of the effective date of termination specified in such notice. 6. Consultant shall notify the City promptly of any expected delay in performance of services. However, Consultant shall not be liable for delays in Performance beyond its reasonable control. i. The City may at any time, by issuance of a written Change Notice to this Agreement by the City Manager, make changes, within the scope or period of performance of this Agreement. Consultant and the City shall negotiate an equitable adjustment, if appropriate, in the terms of this Agreement to cover any such change. No Payment for extras shall be made unless such are performed pursuant to a written Change Notice. 8. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Worker's Compensation Insurance, Unemployment Insurance, Consultant's Liability Insurance, and all other insurance required by law. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance's required under this section prior to beginning any work under this Agreement. Consultant shall indemnify and hold the City, its officers, employees and agents harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 9. Consultant agrees to indemnify and hold harmless the City, its officers, employees and agents from any claim, damage, liability, injury, expense, or loss arising out of Consultant's performance under this Agreement, except for injury or damage caused by the sole negligence of the City. 2 JUL 16 '98 08:54 09:03 AM A FAX NO. P.04 10. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be give by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY Robert S. Noe, Jr. City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. Consultant John Tierney Senior Environmental Specialist Professional Service Industries, Inc. 7860 Central Industrial Drive, N, Suite 120 Riviera Beach, FL 33404 The remainder of this page left blank intentionally 3 JUL 16 '98 08:55 PrTHU 09:04 AM A FAX NO. P, 05 11. This Agreement constitutes the complete understanding of the parties and supersedes any other prior agreements, and shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Authorized Representative and Professional _�ervlce Industries, Inc., signing by and through Its President duly authorized to execute the same. ATTEST: Carol Gold, C/AAE City Clerk Date: - 9-f e AZ___ _A__L TT Secretary Dawn K. Coker Type/Print Name of Corporate Sec. 4 CITY OF TAMARAC Schreiber, Mayar Date:Jv l n Robert S. Noe, Jr., City anager to form I S. Kraft, CONSULTANT � '� rV1&01 l a e &�- �Title IA e SIN/oIL "i4vNK9n'`r�4L �jf JJf�S� Date: �146 JUL 16 '98 08:55 09:04 AM A FAX NO. KNOWLEDGEMENT STATE OF FLORIDA : 94A'` &� :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared a Florida Corporation, to me kn n to be the person( described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this -= day of 19 0 . " CAROL L. PANTO t MY WMMMION N CC 88BU25 Dr1 M. Minch 19, 20M Bon6d Thrtt Nowy Pudb U dMwdten J---o 0-J (�" NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) (jQ Personally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 5 JUL 16 '98 08:55 PAGE.06 rr■nrr. K 3 4 5 SCHEDULE A Consultant Agreement SCOPE OF WORK its sets forth the objectives to be reached by this effort in accordance with the ant. ) Consultant will provide professional engineering services related to site ,sessment of existing underground storage tanks located at the Tamarac City ill and Broward Sheriffs Office as submitted by Proposal No. 784-001.98- :vised to include the following services: Prepare written specifications for the removal of two (2), one thousand (1,000) gallon underground diesel storage tanks and the subsequent restoration of the site. Prepare written specifications for the installation of two aboveground diesel storage tanks. Participate in pre -bid meeting and be available to answer questions of prospective bidders pertaining to the specifications and preparation of associated specification revisions. Provide project management after bid award. Closure Assessment (Pursuant to Chapter 62-761 of the Florida Administrative Code and the Department of Environmental Protection Storage Tank System Closure Assessment Requirements) (b) Consultant shall provide additional services as requested. Fees for requested additional services will be negotiated and approved in writing with the City prior to providing the specific service. (c) The City's Technical Representative under this Agreement will be Jean Dupuis, Public Works Coordinator. (d) Terms of this agreement are not to exceed one hundred twenty (120) calendar days. 0 SCHEDULE B Consultant Agreement COMPENSATION its sets forth the compensation payable by the City to Consultant in accordance with the terms set forth in the Agreement. (a) The Consultant will be paid an amount not to exceed $12,115.00 for the services provide under the terms of this agreement as per the itemized fee proposal and general conditions attached hereto as Attachment 1. Itemized invoices will be submitted identifying the work completed and the staff involved in completion. 7 Attachment 1 Informatzon .ToBuild On 6ng/n"dag • Cm wH/ng • 7bsgng June 19, 1998 Mr. Jim Berkman Public Works Coordinator City of Tamarac Public Works Department 6011 Nob Hill Road Tamarac, Florida 33321-2401 Re: Request for Proposal Specifications for Underground Storage Tank Removal and Installation of Aboveground Tanks at Tamarac City Hall and the Broward County Sheriffs Office 7515-7525 Northwest 88th Avenue Tamarac, Broward County, Florida PSI Proposal No, 784-001.98-Revised Dear Mr. Berkman: Pursuant to your request, Professional Service Industries, Inc. (PSI) is pleased to submit this proposal to provide professional engineering services at the above - referenced site. Presented hereafter, is a description of the services to be undertaken, a schedule for execution of the work, and a cost estimate for the proposed services. A site (closure) assessment of existing underground storage tanks located at Tamarac City Hall and the Broward Sheriffs Office, to include written evaluations and recommendations. • Preparation of written specifications for the removal of two, one thousand (1,000) gallon uoAerground diesel storage tanks and the subsequent restoration of the site. • Preparation of written specifications for the installation of two boyeground diesel storage tanks. • Availability to answer questions of prospective bidders pertaining to the specifications and preparation of associated specification revisions. • Provision of project management once bid has been awarded to vendor. Professional Service Industries, Inc. • 7960 Central Industrial Drive, N, Suite 120 • Riviera Beach, FL 33404 • Phone 561/844-2404 • Fax 561/844-2474 City of Tamarac RFP Specifications for UST Removal Proposal No. 784-001.98R PSI has conducted numerous tank closures throughout the state of Florida over the past ten (10) years. The majority of the underground storage tank (UST) removals were performed on tanks containing petroleum products such as diesel, gasoline, aviation gas, jet fuel and waste oil. All tank removals and closures were conducted in accordance with Chapter 62-761 of the Florida Administrative Code and the Department of Environmental Protection Storage Tank System Closure Assessment Requirements. These services were provided for various clients in the private sector in addition to local municipalities, county and federal governmental agencies. A list of client references for recent storage tank system removal projects conducted by PSI is as follows: Omnipoint Communications 600 Ansin Boulevard Hallandale, Florida 33009 (954) 457-5700 Contact: Mr. Skip Tonner Pinellas County School Board 11111 South Belcher Road Largo, Florida 33773 (813) 547-7199 Contact: Mr. Bill Robinson United States Postal Service P.O. Box 40005 Jacksonville, Florida 32203-0005 (770) 450-0625 Contact: Mr. Robert Rose Omnipoint Communications 600 Ansin Boulevard Hallandale, Florida 33009 Safety Harbor Elementary School 535 5th Avenue North Safety Harbor, Florida Auxiliary Vehicle Maintenance Facility 412 North Seagrave Avenue Daytona Beach, Florida Resumes for all employees that will be involved in the provision of the above mentioned services are attached to this proposal. 2 99 City of Tamarac RFP Specifications for UST Removal Proposal No. 784-001.98R The estimated time frame to complete the above mentioned services is 120 days barring any unforeseen delays encountered during the permitting process. It is proposed that the fee for the performance of the outlined services be determined as outlined on the attached Cost Estimate in accordance with the standard terms and conditions existing between PSI and the City of Tamarac. Based upon the scope of services outlined above (assuming that excessively contaminated soil is not encountered during the tank removal), the cost for providing the professional engineering services described herein will be $12,115.00. Additional work required beyond the scope of services included in this proposal (e.g., multiple site visits due to access problems or other such factors beyond PSI's control), will be invoiced on a time and expense basis. Additional work will not be performed without prior client authorization. PSI will proceed with the work upon receipt of a signed copy of this proposal, intact. If this proposal meets with your approval, please sign where indicated below and return one intact copy to this office. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. fif�Tierney or Envir nm ntal Specialist Attachments - Cost Estimate AGREED TO, THIS DAY OF BY (please print): TITLE: SIGNATURE: 0)5� pav&-p r-- Donald R. Polanis Senior Engineer COMPANY: 3 ATTACHMENT 1 - COST ESTIMATE ITEMIZED FEE PROPOSAL FOR TAMARAC CITY HALL AND BROWARD SHERIFF'S OFFICE I• QLOSURE ABSESSMENT (Pursuant to Chapter 62-761 of the Florida Administrative Code and the Department of Environmental Protection Storage Tank System Closure Assessment Requirements) A. Installation of two temporary monitoring wells and soil borings adjacent to underground fuel lines Daily Rate/$1200.00 Estimate 2/3 Day $ 800.00 Staff Geologist Supervision 6 hours @ $65.00/hour $ 390.00 B. Field Supervision of Storage Tank Removal Staff Geologist 10 hours @ 65.00/hour $650.00 C. Organic Vapor Analyzer Rental Daily Rate/$100.00 Estimate 1 Day $100.00 D. Ground Water Sampling Field Technician 4 hours @ 40.00/hour $160.00 E. Sample Shipping Costs 1 @ $50.00/sample event $50.00 F. Sampling Equipment and Supplies 2 Ground Water test kits Peristaltic Pump Ground water interface probe $75.00 G. Ground Water Analysis EPA Method 602 x2 @ $75/sample $150.00 EPA Method 610 x2 @ $115/sample $230.00 H. Closure Report Preparation Staff Geologist 12 hours @ $65.00/hour $780.00 Senior Techical Review (PG) 3 hours @ $90.00/hour $270.00 Clerical Services Drafting by CADD Tech 4 hours @ $35.00/hour $140.00 Word Processor 2 hours @ $30.00/hour $Q0,Q0 SUBTOTAL $3,855.00 5 n SUBTOTAL 01 L_ SUBTOTAL Prepare Specifications -Project Geologist/Engineer 10 hours @ $75.00/hour Plan Review -Senior Technical Professional (PG/PE) 3 hours @ $90.00/hour Prepare Specifications -Project Engineer 40 hours @ $75.00/hour Review -Senior Technical Professional/P.E. 8 hours @ $90.00/hour $750.00 $1020.00 $3000.00 $3720.00 IV. Project Engineer 8 hours @ $75.00/hour $520.00 V. PROJECT- MANAGEMENT Oversight during tank removal, inspection of installations, and project coordination with vendor by State of Florida Licensed Professional Geologist and Professional Engineer. 40 hours @ $75.00/hour $3000.00 PROJECT TOTAL $12115.00 Notes: 1) The above described cost estimate for Field Services is based upon the assumption that all field work will be conducted under OSHA Level D conditions. Should field conditions be encountered that require upgrading of the field personnel's personal protection level, you will be notified of the need to upgrade and the proposed additional costs associated with the necessary upgrading. Z Should any changes be encountered which would change the Scope of Work, you will be notified prior to implementation of those changes. . If additional work is required, those costs and the associates professional services will be provided on a time and expense basis with your prior approval. Prices quoted for laboratory services are based on an eight working day turnaround schedule. 2) The cost of the disposal of any Investigation -Derived Waste (IDW) is not included in the above estimate. GENERAL CONDITIONS ENVIRONMENTAL SURVEY ACTIVITIES 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 geolechnical, analytical, testing or other Service to be performed by P I as set forth In PSI's proposal, he al, T client's acceptance thereof If accepted by PSI and these General Conditions. "Client" refers to the person or business enlity ordering the work to be done by P client Is Ordering the work on behalf of another, Ilia client represents and warrants that the client Is the duly authorized agent of said party for the purpose of ordering and directing sold work. Unless otherwise staled in writing, the client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by The client Is adequate and sufficient for the client's Intended purpose. Client shall communicate these General Conditions to each and over third party to whom the client transmits any part of PSI's work. PSI shall have no duty or obligation to any third party greater than that set forth In PSI's proposal, clients acceptance thereol and these General Condillons. The ordering of work from PSI shall constitute acceptance of the terms of PSI's proposal and these General Conditions. .2. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or Interpreted as requiring PSI To assume Ilia status of an owner, operator, gen- erator, slorer, transporter, treater or disposal facility as those terms appear within RCRA or within any Federal or Slate statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client assumes lull responsibility for compliance with Ilia provisions of RCRA and any other Federal Or Slate stalirle or regulation governingp the handling, treatment, storage and disposal of pollutants. 3. SCHEDULING OF WORK: We services set forth In PSI's proposal and client's acceptance will be accomplished In a timely and workmanlike manner by PSI personnel. If PSI Is required to delay any of Its work to accommodate the requests or requirements of client, regulatory agencies, or third parties or due to any causes beyond the direct reasonable control of Al,PSadditional charges may be applicable which client agrees to pay. 4. ACCESS TO SITE: Client will arrange and provide access to each site upon whichit will be necessary for PSI to perform Its work. In the event work Is required on any silo not owned by client, client represents and warrants to PSI that client has obtained all necessary permissions for PSI to enter upon the site and conduct Its work Client shall, upon request, provide PSI with evidence of such permission as well as acceptance of the other terms and conditions set torch herein by the ownar(s) and lenant(s) If applicable, of such site s)) in form acceptable to PSI. Client acknowledges that It Is not PSI's responsibility to notify any such properly owner of the discoveryof acluaf or suspected pollutants. Ilent further recognizes that knowledge of such suspected or actual condition may result In a reduction In a property's value and may provide Incentive to owners of properties affected to Initials legal action against client and/or others. Any work performed by PSI with respect to obtaining permisslon to enter upon and do work on the lands of others as well as any work performed by PSI pursuant to this agreement shall be deemed as being done on behalf of client and client agrees to assume all risks thereof. PSI shall take reasonable measures and precautions to minimize damage to each site and any Improvements located thereon as a result of its work and The use of Its work and the use of Its equipment; however, PSI has not Included In Its lee the cost of restoration of damage which may occur. Ii client or the possessor of any Interest In any site desires or requires PSI to restore such silo to Its former condition, upon written request of client, PSI will perform such additional work as Is necessary to do and client agrees to pay to PSI Ilia cost Thereof. S. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that he has advised PSI of any known or suspected hazardous materials, utility lines and pollu- tants 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 con- duits client agrees to defend, Indemnify and save PSI harmless from all claims, suits, losses, costs and expenses, Including reasonable attorneys fees as a result of per- sonaf Injury, dealh or propperty damage occurring with respect to PSI's performance of Its work and resulting to Or caused by contact with subsurface or latent objects, I lines or condulis where Ilse actual or polentlal presence and location thereof was not revealed to PSI by client. 6. LIMITATIONS OF PROCEDURES, EQUIPMEN. AND TESTS: Information obtained from Insppections, analIyysis and testing of sample materials shall be accurately ropgrled on boring togs. Such Information Is considered evidence with respect to the detection, quantillcolion and Idenlificallon of pollutants, but any Inference or conclusion based thereon Is necessarily an opinion also based upon engineering judgment and shall not be construed as a representation of fact. Ground water levels and composition may vary due to seasonal and climallcal changes and extrinsic conditions and, unless samples and testing are conducted over an extended period of time pollutants contained therein may escape detection. A site at which pollutants are not found to exist or at the time of Inspection do not In fact, exist, may later, due to Interveningq causes such as natural ground water flows or human Intervention become contaminated. There is a risk that sampling lechnIquos may themselves result In contamination of certaln subsurface areas such as when a probe or boring device moves through a contaminated area linking It to an aquller, underground stream or other hydrous body not prevl- ou2 contaminated and capable of transporting pollutants. Because the risks set forth In this paragraph are unavoldable and because the sampling techniques to be employed are a necessary aspect of PSI's work on client's behalf, client agrees to assume these risks. T. DISCOVERY OF UNANTICIPATED POLLUTANTS: The discovery of ce aln pollutants may make it necessary for PSI to lake immediate measures to protect health and safely. PSI agrees to notify client as soon as practically possible should such pollutants be suspected or discovered. Client agrees to reimburse PSI for the reasonable cost of implemenlin such measures under the circumstances, S. PAYMENT: Client shall be Invoiced once each month for work performed during the preceding period. Client agrees to pay each Invoice within Ihlrly (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 of the maximum Interest rate permitted under applicable law, until paid. Client agrees to pay PSI's cost of collection of all amounts this and unpaid after sl% (80) days Including court costs and reasonable attorney's Peas. PSI shall not be bound by any provision or agreement toqulring or pprovlding for arbitration of disputes or controversies arising out of Ilrls agreement, any provlslOn wherein PSI waives any rights to a mechanics' Ilan, or any provision condllloning 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 Ilan whenever necessary to collect past due amounts. Failure to make pa menl within 30 days of Invoice shall constitute a release of PSI from any and all claims which client may have, either in tort or contract, and whether known or in at the time. 9. WARRANTY: PSI'S SERVICES WILL BE PERFORMED. ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH THIS AGREEMENT AND WITH GENER- ALLY ACCEPTED PRINCIPLES AND PRACTICES, IN PERFORMING 113 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 0111ER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED. S TATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD 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 IMPLIED WARRANTY, REPRESENTATION 00 CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,900.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. IN 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 CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF INCREASE THE LIMIT OF PSI'S 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 ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CM ARGED FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIOERATION FOR THE GREATER LIA- BILI fY INVOLVED. IF A CLAIM IS BROUGI IT BY A 1111R0 PARTY NON -CLIENT CLAIMING TO BE A RECIPIENT OF PSI'S REPORT, THEN PSI'S LIABILITY TO Ti1AT THIRD PARTY SHALL BE LIMITED TO $500,00, 10. INOEMNITY: Subject to she foregoing limitations, PSI agrees to Indemnify and hold client harmless from and against any and all claims, suits, casts and expenses Including reasonable attorney's lees and court costs arising out of PSI's negligence to Ilia extent of PSI's negligence. Client shall provide the same protection to the extent of Its negllgence. In Ih@ event that client or client's principal shall bring any suit cause of action, claim or counterclaim against PSI, Ilia party initialing such action shall pay to PSI the onsis 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. SOIL AND SAMPLE DISPOSAL: Unless otherwise agreed In willing, soils known at the time to be contaminated will be placed In containers, labeled and left on the site for proper disposition by client; and samples removed by PSI to Its laboratory will, upon completion of testing, be disposed by PSI on behall of client at client's expense unless client makes other arrangements. 12. TERMINATION: This Agreement may be liuminaled by either party upon seven day's prior written notice. In the event of termination, PSI shall be compensated by client for all services performed up to and Including the termination date Including reimbursable expenses and for Ilia completion of such services and records as are nec- essary to place PSI's Illes In order and/or protect Its prolesslonal reputation. 13. RESPONSIBILITY: PSI's work shall not Include determfning, suporvishi or implementing the means, methods, Techniques, sequences or procedures of construction. PSI shalt not be responsible 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 supplier from performance of Its work In accordance with the contract documents. PSI has no right or duty to stop Ilia con- tractor's work. 14. WTTHESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's legal expenses, adminis- liallve costs and rees pursuant to PSI's then current tea schedule for PSI to respond to any subpoena. is. PROVISIONS SEVERABLE: 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. 16. ENTIRE AGREEMENT: This agreement contains the entire underslanding between the parties. Client acknowledges that no representations, warranties, undertakings or promises have been made other than and except those expressly conlalried heroin. This agreeinenl may be amended, modified or terminated only by a written Instrument slt nedhy each of Ilia parties hereto.