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Item D21BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Division: Engineering Bulk Item: Yes x No _ Department: Engineering Staff Contact Person/Phone #:David S. Koppel, 292-4426 AGENDA ITEM WORDING: Approval to pay Professional Service Industries, Inc. (PSI) for Geotechnical Engineering Services for the McCoy Terminal Complex at the Key West International Airport. ITEM BACKGROUND: PSI was originally contracted to evaluate the augered piles at the airport. As a result of their evaluation, it was determined that the installed piles could remain in place. Also, at that time it was learned that future piles could be reduced in length to 15 feet. Additional site testing and a final report were required to document these findings, which resulted in significant cost savings to the County. A second proposal was not sought since the follow-up work needed to be performed by the original company. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated above, and to waive purchasing policies and procedures due to not getting more than one proposal. TOTAL COST: $19,900.00 COST TO COUNTY: $19,900.00 BUDGETED: Yes x No SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 C UNTY jo�ROE KEY WESTLORI33040 (305)294-4641 Engineering Division 1100 Simonton St., Room 2-216 Key West, Florida 33040 305-292-4426 Memorandum From: David S. Koppel, P.E., County Eni Date: March 15, 2007 Re: Agenda Item - March 21, 2007 BOCC Meeting Payment of PSI invoice, KWIA AGENDA ITEM WORDING: Approval to pay Professional Service Industries, Inc. (PSI) for Geotechnical Engineering Services for the McCoy Terminal Complex at the Key West International Airport. ITEM BACKGROUND: PSI was originally contracted to evaluate the augered piles at the airport. As a result of their evaluation, it was determined that the installed piles could remain in place. Also, at that time it was learned that future piles could be reduced in length to 15 feet. Additional site testing and a final report were required to document these findings, which resulted in significant cost savings to the County. A second proposal was not sought since the follow-up work needed to be performed by the original company. At the request of Mr. Danny Kolhage, this item is being presented to the BOCC for approval for payment. STAFF RECOMMENDATIONS: Approval as stated above, and to waive purchasing policies and procedures due to not getting more than one proposal. `GOUNTy J�4 vv WpG�OG9 eu 1 m t� 1 t Jfyr co '......,.a7 Q� E �OUNv. CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 To: Dave Koppel From: Jackie Clynes Date: March 14, 2007 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 MEMORANDUM Subject: PSI - Geotechnical Site Report BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 I spoke to Mr. Kolhage on the above and showed him the memo that you had written as an explanation. Mr. Kolhage wants this to go before the Board for approval. If you have any questions, please don't hesitate to call. Jackie Clynes S C UNTYMONROE KEY WEST FLORIDA 33040 (305)294-4641 Board of County Commissioners Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 216 Key West, FL 33040 (305) 292-4426 — Phone (305) 295-4321 - Fax TO: Jackie Clynes, Finance FROM: David S. Koppel Division Director / County Engineer DATE: 3/13/07 RE: KWIA — PSI Geotechnical Report BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia 3. Murphy, District 5 Jackie, PO 17745 in the amount of $19,900 was issued as a follow-up to previous PO assigned to PSI. The initial work in the amount of $1,000 provided a report that enabled the contentious augered piles that were installed at the KWIA to remain. Also in that report, we learned that future piles could be reduced in length to 15 feet (from 30 feet in many cases) with additional tests provided by PSI. PSI was directed to proceed and the final report now allows us to install the future piles at a length of 15 feet. Another firm would not be able to perform the follow-up work. I hope this explains the rationale why a second proposal was not sought. �t C UNTY jo't�ROE KEY WEST33040 (305)294-4641 Engineering Division 1100 Simonton St., Room 2-216 Key West, Florida 33040 305-292-4426 Transmittal To: Jackie Clynes, Finance Stop #8, ext 3532 From: April Pearson, Engineering Stop #1, ext 4429 Date: March 8, 2007 Re: Key West International Airport Hi Jackie, I am sending approved Purchase Order #17745 with the appropriate backups, for PSI invoice #460200 for their project #397-65171, Geotechnical Site Report/Key West International Airport, in the amount of $19,900.00. If you have any questions or need anything else, please let me know. Thank you. 4Apri" Pearson, Executive Assistant Monroe County Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-216 Key West; Florida 33040 305-292-4469 direct 305-292-4426 department 305-295-4321 fax oearson-anril0monroecounty-fl aov ------------------------------- __--------_-:_-_-___� . .�: �.,• _!gip �^zi_ �_:�.0 L.A I .__j,� • _'. lam' ♦ V L u. .�' .. �� . v-....fir`-'w-`---�r---------�--�- %3/0/c0 MONROE COUNTY ADMINISTRATIVE SERVICES DEPARTMENT PURCHASING OFFICE REQUEST TO PURCHASE To: Purchasing Office From : Engineering Name: David Koppel Phone/Ext 292-4426 Ship to Location: 045 Date: 2-22-07 Approved By: i Grant/Project #: 630901-560620-GAK801-530340 Qty. Unit Prod.# Description Unit Cost Total Cost Acct. # 1 ea Key West International Airport, Geoftechnical Site Report, PSI Pro'ect #397-65171 $19,900.00 $19,900.00 630901-560620- '''ter 530340 of WOO Items needed by: Vendor Name PSI, Professional Services Industries, Inc. Remarks/Recommendations:. Administrative Instructions: Reviewed ( ) By: Purchasing Office use only: Reviewed ( ) By: local I19,`lUO.UU I Vendor 003 fu6 SWATO E R. ZAPPULLA BUDGET & FINANCE DIVISION DIRECTOR Date: Date: O.M.B. Porn MCP #3 Revised 10/18/00 -a ! 5 335 ,�, I>�; Information ��� .' Build ©n Engineering • Consulting • Testing Professional Service Industries, Inc. www.psiusa.com Mail To: ATTN: MR. DAVE KOPPEL MONROE COUNTY ENGINEERING DEPT 1100 SIMONTON STREET ROOM 2-216 KEY WEST FL 33040 PSI Miami, FL USA (305) 471-7725 Federal ID 37-0962090 Bill To: MONROE COUNTY ENGINEERING DEPT 1100 SIMONTON STREET ROOM 2-216 KEY WEST FL 33040 Customer # Purchase Order Project Number Date Invoice # Page 826532 397-65171 01/31/07 1 460200 0001 Project: KEY WEST INTERNATIONAL AIRPORT KEY WEST, FLORIDA Date Rpt # Description Quantity Unit Cost Amount 01/31/07 0001 GEOTECHNICAL SITE EXPL (SITE) 1.00 19900.00 19,900.00 _----------------------- r" Invoice Total: 19,900.00 TERMS: NET 30 DAYS. A SERVICE CHARGE OF 1.5% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 18% WILL BE ADDED ALL PAST DUE ACCOUNTS. To assure proper credit to your account, please return this remittance stub with your check made payable to Professional Service Industries, Inc. Please mail remittance to: Professional Service Industries, Inc. Customer # Invoice # Project Number Amount Enclosed PO Box 71168 826532 460200 397-65171 Chicago, IL 60694-1168 Dec-19-2006 16:57 From-MONROE CC ,`r ENGINERING +3062954821 1 T-i05 P.002/008 F-945 lglbnU(ItiO!] 12ul, T B,,i1el off E691-erfnp - ConmuWng - *$*fry December 15, 2006 MONROE COUNTY ENGINEERING SERVICES I 100 Simonton Street, Room 2-216 Key West, Florida 33040 Attention: Mr. Albert Edwards Senior Project Manager Re: Proposal for Geotechnieai Engineering Services Proposed New Development at Ivey West International Airport Key West, Florida PSI Proposal No. PO-397-650213 Dear Mr. Edwards: Thank you for inviting Professional Service Industries Inc., (PSI), to submit this proposal to perform a subsurface exploration program and geotechnical engineering evaluation for the above referenced project, Included herein is our understanding of the proposed development along with a scope of services, cost estimate and anticipated schedule to conduct a geoteehnieal engineering study. LJ&( ECT DESCRIPTION Based on our review of the supplied documents and our telephone conversation with Mr. Edwards, it is our understanding that the proposed development includes the terminal expansion and renovation to the existing facility at tite Key West International Airport. The expansiontrenovation project will provide areas for security screening, passenger lounge and a restaurant, along with construction ofa new terminal building (just south of the existing; Structure), a two-story parking garage and elevated roadways. l±urthormore, PSI has recently provided a letter report for augercast pile capacity for this project (PSI ProjectNo. 397-65167, dated December 14, 2006). The letter formulated our evaluation for augeraast pile capacity based on data provided by the Monroe County Engineering Services. The data included gootechnical report and load test report performed by others. The purpose ofour currentevaluation Is to conduct a field exploration program consisting of SPT borings, fl- inch diameter rock cones with a series of laboratory testing. The field and laboratory tests will aim at providing higher allowable axial pile capacities for the proposed augercast piles. SCOPE OF WORK Subsurface Exploration PSI proposes to perform a total of three (3) Standard Penetration Test (SPT) borings to depths of 30 feet. Samples of the in -place materials will be recovered with a standard split barrel driven with a 140-pound hammer failing 30 inches (the Standard Penctration Test in accordance with ASTM Di 586). Soil samples recovered In the field will be visually classified and placed in sealed glass containers and transported to our laboratory for visual classification and laboratory testing by a geotechnical engineer. ProfIeulonal Servrcc lndua[rlca, IM, • 7950 N.W. 64 Street- Miami, Ft.33166 9 M15/471-7721 a Fux 305/593-1915 Dec-19-2006 16:67 Fron-MONRCE 7 '`j ENGINERiNG +3052934321 \ T-706 P-003/006 F-945 ` J Key West international Airport PSI Proposal No. PQ-397-650213 Reek Coring 2 PSI proposes to perform a total of three (,) rock cores adjacent to the SPT borings at the site. We will start coring at 5 feet below grade and terminate at a depth of 30 fwt below grade. The rock coring will be performed using conventional rock coring methods employing a 4-inch diameter fhce discharge bit. After performing the SPT borings and rock cores all boreholes will be grout sealed and the asphaltic surface patched. Public Utility ularance Underground utility clearance will be required prior to commencing the dri fling of the borings. Therefore, PSI will contact "Sunshine One -Gall" Service to obtain underground public utility clearance. We assume that any private underground utilities existing in the exploratory area will be identified to us by client and/or others- PSI will not be responsible for any underground utilities that have not been cleared by other; prior to our mobilization. Laboratory Testjpg A geoteehnieal engineer will examine the rock sample? and representative samples will be tested for strength properties such as unconfined compression strength, split tensile strength tests and unit weight. FAILMerina evaluation Using the results of the Feld exploration and laboratory test results, we will provide augercast pile capacity recommendations. The report will specifically contain. I. A plan of the site showing the location of the soil rest borings and rock core. 2. Logs of the exploratory borings, which furnish the results of the SPT and rock cores. 3. AugerMt pile capacity recommendations. S HEOULE Our study can begin one -day after we receive authorization to proceed. We will start drilling after underground utilities have been located and identified, which may take 2-4 business days, The field drilling should be completed within three (3) workdays. The geotechnical boring logs along with the laboratory rest results should be availa4le within ten (10) workdays fallowing the field demobilization. We estimate that our study will be completed within 17 workdays from your notice to proceed. 9t3M� PENSATIQN Based on our general knowledge of the subsurface conditions of the site and our understanding of your requirements, we are willing to complete the subsurface exploration and geotechnical engineering evaluation described In this proposal for a lump sum fee of $19,900.00. A breakdown of the fee; for the prescribed program Is provided on Attachment 1.Other general conditions are provided in Attachment 2. Our estimate covers the work needed to present our findings and recommendations in a report form, Not included are the following: (1) collection of ground surface elevation at the boring locations; (2) monitoring for Volatile Organic Cot (VOC) during drilling operations; (3) prepmtion of construction specifications, special conferences and any other work requested after submittal of our report. Dec-16-2006 16:5i Fr=-MONROE Cf jY ENGINERING +3052954321 � T-705 P.004/006 F-945 Key West international Airport 3 PSI Proposal No. PQ-397-650213 The services proposed herein are conventional in nature and do not include any special services that may lessen the risk of conditions that can contribute to moisture. mold Or Other microbial contaminate amplification in buildings. You may be aware that mold is abundant throughout nature and is comprised of wide: variety ofmicroscopie fungi. Due to its nature, the potential fibr mold Infestations cannot be completely eliminated. However. PSI offers a wide array of professional Moisture. Waterproofing, hoofing and indoor Air Quality/Mold Consulting services that can help minimize the likelihood of future occurrences. PSI is intaremixi in discussing these service options with you to suit your specific needs and project objectives. If requested, PSI will subm It a proposal ror these additional services undor a separate cover for your review and authorization. PSI appreciates your consideration Ofour firm for this project. To formally authorize us, kindly indicate so by signing and returning a signed copy of this proposal to us. Sincerely, PROFESSIONAL SERVICE INDUSTRIES, INC. Certificate of Authorization No. 3694 C._ +��6 Drew Badri. E.I Project Geotechnical Engineer Hugo E. Soto, P.E. Princil}al Consultant DB/I-IES/db Attachments; Attachment 1 — Cost Estimate Attachment 2 — General Conditions cc; Addressee (via email) File (1) AUTHORIZED BY; INVOICE Signature Name Thomas Wiili Title county Administrator Date 12-19_2006 1M.- Firm Monroe count Name David S. Kau 1100 Simonton Street, #216 Key West, FL 33O40 Dec-19-2008 18:68 From-MONROE Cf' 7 ENGINERING +3052954321 A � T-705 P-005/008 F-846 a F 4 F3 gpp.� � C cz $ " � 4 $ C-j �r N &3 CQQt1 bp4F/irr���4g134�53$gF} 64§�Sr? 64 C G7 ¢ 4J' C�f%344^J3 O O O t;7 r �^- --c-,a '/7 �/1 p E'7� � �/7 � b9 Efi 6pt bfs y yej gg in. in W% V! cv �O mot+ CPI V3 a Dec-19-2006 18:58 From-MDNROE Ci" 71 ENGiNERING +3052964321 ') T-705 P.008/008 F-945 GENERAL CONDITIONS 1, PAfITIEi AID SCOPE OF WDRii: Professlonht Service tnduellies inc. (hereinafter ►eferred to as *PSI") shell Include Said company or its particular divlsl0n, Subsidiary or affiltste performing the work. VOW* means the Specific geetechnicai, analyttcar tuft or other sefvice to be Pe�vrtrhed by P9! as set Earth in PSIS o Additional work ordered by Chant Shag aim be subject to iteSSO General Con pr poW, ClIN1 acceptance thereof and these General CwWlilons. Michas. "CWrfr refers tathe person or business entity ordering the Work to be done by PSL If Client is ordertn the work on behaer of another, Client represents and waRants that lt is the duly authorized agent Of Said ppaarty for the purpose of n p assert Q$ $010 respot►SWIlly for determining whether the quettity an the nature of the work Ordered for the chant is adequate amend and directicient for id work Unless omarwim state! in wr((tNty, Client tlhese General Conditions i0 each and "third party to wham CUerd transmits any part of PSIS warts P$i shalt have no duly or obligation to any thW ceded orpQse lent t fort cIn pSrs date POW, Clients M larin thereof and these Metier I COnditiuns. The ordi drq of worfr from PST, or UIe ral�rrce on t{tty of PSPs work, atfell eonstnula �� greater than that sgt tpRry in P5t's pro- #W8 General Candidons, regardless of the terms of arty Subsequently issued document "tatlCe Of the terms Of PSTa p►Opm and 2. TEM AND NISPkCRON6: CKant Shall cahSe all testa and hVPQ0Il0ns of the site match W5 and work PWO ned by PSI or otters to be timedy and properly rfomed in accordance with the plen5. spad catlDns and wont doeumAma and PSI's r000mmeadations. No Walm for toss, damaga or injurryy stag be brae ht y pe Baas I" Dean so period M and unless PSI's reaoftir endabOns have beats followed. Client agrees to IndenrrX defend and hold � Hts nffic�uKsClfe�t'r arty third tarty uNess al(tes►s and fnspeC- OWMS, Suits, aossuse, Cost$ and a 6434% Including, but not limited to. court cOM grid reasonable attorneyt teas in the event that rtU such tests and Inspections P OM and awls barmiew from arty and all onimendeUons are not to fogawed except to Ste bxtent that such failure is the result of the nelilipanae, willful or wanton act or omission of PSI, its d � or not 5o Pertomted ar PSIS rec' itation cotained In paragraph 8. ployeea, subject to the (lm- 3. SCHEDULING OF WDIRL, The Sif*01 Set forth in PSI's prOposai and Client's acceptanoa will be accomplished In a W4 workmanlike and profeoDnW manner byPST 4untsd. If PSt fs reolred to delay canmonoemert of the work or it, upon embaddng upon Its work, PSI is required to Stop w interru me re Pa► a rges at the SMpo Of the wars requested by Client, to fuf(di the requirements of third parties, interruptions !n the progress of oanstmraton, arathercahrses h duress of its work as a reaPet of Glories as the scope VAB be awleable and payable by Cilern beyond the di0e0t reasonable Control of PSI, additional chetges 4. ACCESS TO St1E; Client will anonps and prordoc such access to the site as Is fur PSI to perform the work PSI shag take tea Mole measures and praeautl0ns to minimize damage to the tut$ 8nd any huquovemenrs lneated thereon as the resultof 8s wwk or the use of its equ p however, pS, format Condon, has da9lres or requires Pat t9 restore net ir�iuded in its (ore the cost of rest0tatton of damage which may orpur. If Cl>ent Me site to Condon, upon Wfit8li re4 Psi Wit twtlon>f such ad work as Is WBa9ary la d0 so and Clint agree$ to pay to P81 for the CASt, 6, do *OrkB DDTY TO NOTIFY s PSI Client re In wr t6 and warrarespohra that ft has advised PSI of any known or Susptuoai hazardous matetwa, ubply goes and poilidanle at any SNe at which PSI (S to M work hereunder, and unless P I a SMI Including ding t the nhspixRlbtfity of lac; subsudaea abj =, Mnr:Wtes, Ones or Oonduils, Clhert revs to (efend, indemnity and save PSI harmless !rota ell claims, suits. Io�aS, and expenses, including r�sonabte hNtomery's iee8 � a rasuit of ftaraoltSl Wu deenh or � and resulting to Of Caused by contact with sgbhrfM or tatift usb as fy, p►aRm9 dantpgo omrdno with respect to PSl's perlorfnance a1 its work I ►a, strttaturft goes or conduit$ More the actual or potentW pMence and bunion thereof were not nevaaled to Psi by Oil fit 8. HESPQNSIBILfTY PSI's work shall not khckrde dotermlriNlg, su sing ar ImptomenI ing the means, methods, techniques, sequences or protadures of eorhstruction. p8l shail not be respansl b� fur elrdhOM fiW tlft or affecting job conditions conoeming �I►, safely Or welfare. PSI's work Or feKura to perform same stall not NI any way oxatse any contractor. eub0antractat or sup. agar from performance ud its work in acoordM with the con Tact documants, PSI has no ON or duty to stop the oormaOWS work 7, SAMPLE MPOSAL: Unless Otherwise agnesd in waft, test spedmans Of simples will be disposed Immadiately upon completion of the t9ar, A I drll sixty (80) d� after submhssimr of PSIS report ling WRPieg K_Whll* will be dhMsad B. PAYMENT; CUGnt shall ba Invoiced once e40h month for work performed dudrq) the paced period. Mnt agrees to pay siudt iNotes within thirty to pay intaresst on a8 amoumlS fnvoketl and not paid Orobjeoted to for valid rya kt ARidng within said tit! 3d (f dam of ft6 cge&fpt Li1a►t,frutlter agrg@8 est rate permitted under applicable law), until paid, 01ent agrees to pay P$is goat of collection of ail amou�s due and a�nimtd after sbdy {� days i unl pR artnum reasonable Imumr � 1et68, PS! shret not be bound by any protMslon or 9aggreerrtatut regaldAg or providing for arbilratron of dIrpuW rights to a mecMI1111W gel, or any provision cantI Mng PM right to resolve 4r �Mrover$Ies arising our at tiffs a(iteamarrt any $rpyisjan;v�tergjn PSI waives any that PSI shag file a Lien whenever neousary to cowed peat due amounts. Failure tom& pa m work upon t0 Client by any tJtird patty, These {sancta( Condtiorls Oti naft where required, ova, whether in tart, contract or otherwise, and wb tNr known or rmknmm at the fte.merd within 3D= i stltuta a retOM Of PSI from srry and al/ cafgta wbioh CKertt may 9. WARRAfi . PSI's SERVICES MILL 8E PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED iN ACCORDANCE WITH ITS PROPOSAL, CLiENT"8 ACCEPYANCETHEREOF, THESE GENERAL CONDITIONS, AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. iN P$RFORMiNG ITS PROFESSIONAL SERVICES PSI WILL USE THAT DEARt { riAREAND SKILL ORDINARILY MRCISED UNDER SIMILAR CIRCUMSTANCES BY MEMOMS OF ITS PROFESSION. THiS WARRANTY IS, IN LIEU OF ALL OTMP WILLWARUSE Ott REPAESENTATlON AND EXPRESS OR IMPLIED. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEFI�NB JUDGMEM AN ARE NOT L BE CONSTRUED AS REPRESENTATION$ OF FACT IMPLIED PSI OR ANY OF ITS PROFErsRtDIWtL EMPLOYI3EI BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE DP ITS WORD OR TO HAVE MADE ANDl3REACHEp ANY IXPRt9 OR IMPLIED T THE A REPRESENTA110N OR CONTRACT, CLIENT, ALL PARTIES CLAI THROUGH CLiEN AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSl $WORK AGREE THAT THE MAY AOGFIMATE AMOUM' OF THE LIABILITY OF PSI ITS OFRCfi & EMPLOYEES AND AGENTS SHALL BE LIMITED To $25.0W.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED VATN RESPECT M THE PROJEt:T Wh icHEVER AMOUNT IB GREATER. IN THE EVENT CLIENT IS UMMWNG OR UNABLE TO LIMIT P91'$LIABILITY IN ACCORDANCEWITHTHE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPONWRITTi;N RED OF CLAW RECEIVED tNlTIRN FIVE QAY& OF CUEHI 5 ACCEPTANCE HEREpE THE LIMIT OF PSt'5 LIABILITY To $2liO,000.GO OR THE AMOUNT OF PSi'8 FEE, WHICHEVER D THE GREATER, OY ASAMNG TO PAY PSI A S(BN EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THi? TOTAL FEE TO BE CHARGED FOR PSI13 SERVICES. THIS CMARG iS NOT TO DE TH STRUED AS SONG A CRiE FOR INSURANCE 0R ANY TYPE, BUT I9 IN¢pEA$ED CONSIDERATION FOR THE GREATER LIABILITY iNVOLvED. IN ANY EVENT, A7TORNEY'S FEES EXPENDED BY PSI IN CONNECT(0N WITH ANY CLAIM SIWLL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT VALL APPLY TO ANY PROJECT. NO ACTION OR CLAIM. WHL+7'HER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT AGAINST PSi, ARISING FROM OR RELATED TO PSPS WORK, MORE THAN TWO YEARS AFTER THE CE55AHON OF PSIS WORK HEREUNDER, REtiARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM. 10 TNDEMNTTY:3tdhled to me forsiloingg limitations, PSI agrees to indemnity And hall Client harmless from and against any and all datms, suits, cosis Bred ex OWS Including reasonable attor- neys foes turd court Costs arising out of P$I1j moaoance to the agent of PSI`s negligence. Client shall Provide the pr(nClpd Shag bring any suit, Cause Of Adllon. ciain or counWoWm against PSi, the pa r1Y inibaling such ACIIOn streg pay protection PSI ura qoS and errpenant of �a un by, the am that PSI fnyasfigdfe Clientanswer and defend it, Including real MUS adamays and witness fees and court costs to the extern that PSI shall prevail in such salt 11. TIRMINJITiON: This Agreement may be tertnireted by aldrer party Upon seven days' pdor written sotice. In the event of terminadon, por- n far all sawMe9g formed up to and including the termination date, including ralmbursable wpon res, and for the comply M of such services and routes as are necessary to place PSI s PSIt shall be eompehnsated by Client Ut order A protect n professforiaa reputation. 12. lMMAYEES"ESS PETS: PSI's employees shot not be retafm as ehxpert v418essSs ex cept by and fires pursuant to PSIS than durrem tea schedule far PSI to respond to ally subpoena. CI separate,.wrftfenegreement Cgant agrreeS to pay P&!+s sagal expanses, aftnlstrahver costs within ores year fmlowfng any project through wM h CHO had contact wNh said era a�� not to hfte PSI's employees except through PSI. In ON event Cleat hires a PSI employee ages wNhOu! P51 waiving Other [emedleS it may have AloYae, Client canal! pay P$1 aR amount equal to one-half of the Sntpioyeas annualized salary, as hquidaled dam- 18. NAIIIRDDUd MATE'RW; NOM4 cah110tnad whhch this agreement shall be conhdrusd or Interpreted as requiring PSI to assume the status of an owner, oWat% treater or Mposal facility as those terms appear within RCRA or within any 194da at or State statute or regulation governing duo generation, traftsporiation, tr ont oragetand d� transporter. tarts. Cgent assumes fat r�p0nsibtllly for compiettca wltr the pravlsloas of RGRA and any other Fader�(Or Stets statutA Cr reguisdan governing the hendMng, trestmenL eta wool of POqu• pollutants' rage and disposal of 14, PROVISIONS SEVERE: The parties have entered Into this agreement In {food faith, and It is the specific Intent of rho parties that the terms of these General COndiifOrrs be enforced 85 writ- ten, to the event any of tt4e provisihms of Mile Gcnerat Candldotq MOUld be found to be UnerdarCg". it shalt be Strt I ill and the th tt tha tff provisions shill er anfandfli a gr W11111ermnt may be aMan This agreeodbd or constitutes the I nuke understanding of the parties, and there are no rapresentattons, warranties or undertakings made other than as set forth herein. This agreement sully be arrhettdsd maditlet! or terminated only Gt writing, signed by each of the parties hereto, PSI B-9m.11 (8)