1402 Prof Services Ind., Inc.-GoldenRuleN O 011-
EXHIBIT A
WORK ORDER FORM
Work Order Number CDBG 1000LD -01
CITY OF SANFORD FLORIDA
Master Agreement/Contract Number:
Dated: 06/03/2011
Contract/Project Title GoldenRule Environmental Review
Solicitation No: Sanford Project No. Purchase Order No.
Consultant/Contractor: Professional Services Industries, Inc.
Consultant/Contractor's Business Address Phone Number, Fax Number and E -mail Address
1743 33 Street, Orlando, Florida 32839
Ph: 407 - 304 -5560 FAX: 407 - 304 -5561
ATTACHMENTS TO THIS WORK ORDER
METHOD OF COMPENSATION
DRAWINGS /PLANS /SPECIFICATIONS
x
IFIXED FEE BASIS
x
SCOPE OF SERVICES
TIME BASIS -NOT TO EXCEED AMOUNT
x
SPECIAL CONDITIONS
TIME BASIS - LIMITATION OF FUNDS
x
PRICING (INFORMATION
UNIT PRICE BASIS -NOT TO EXCEED AMOUNT
x
WO TERMS AND CONDITIONS
TIME FOR COMPLETION: 45 Days of the effective date to this Work Order
Effective date- this Work Order: Date of Execution by City
Time for completion: The services to be provided by the Consultant/Contractor shall commence upon execution
of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet
the stated completion requirement may be grounds for termination for default.
Work Order Amount: Dollars Expressed in Numbers: $ 2, 550 . 00
Dollar Amount Written Out: Two Thousand Five Hundred Fifty and ---00/100 Dollars
In Witness Whereof, the parties hereto have made and executed this Work Order on the respective dates under each
signature: The City as delegated through its City Manager and the Consultant/Contractor by and through its duly
authorized corporate officer having the full and complete authority to execute same.
CONSULTANT /CONTRACTOR
ATTEST: EXECUTION:
re porate Officer Signature, Corporate President
Ic
�Q seo r We Sdem �O 1Te( F Y^(2S�CIQr��
Cor orate fficer Printed Name, Title and Date Corporate Oresident, Printed Name and Date
CITY OF SANFORD
�// y
ignatu a urchasing Manager
F. William Smith
Purchasing Manager, Printed Name and Date
Signature, CIO Clerk City Manager
Tom Geor e, ]nteri Cii Manager
City Clerk, Printed Name and Date City Manager, Printed Name and Date
g .v
�a
4 �
0
C,
. 2 1
Revised: 1 -6 -2011
Work Order (page 2) WORK ORDER
TERMS AND CONDITIONS
Execution of this Work Order by the CITY and the issuance of a notice to proceed, shall serve as authori-
zation for the CONSULTANT /CONTRACTOR to provide goods and/or services for the above project as set out in the
Scope of Services which is attached as Exhibit "A," as well as all other exhibits attached to that certain Agreement cited
on the face of this Work Order all of which are incorporated herein by reference as if they had been set out in its entirety
and as further delineated in the specifications, conditions and requirements stated in the listed documents which are
attached hereto and made a part hereof. The CONSULTANT /CONTRACTOR shall provide said goods and /or services
pursuant to this Work Order, its attachments and the above - referenced Agreement and its exhibits. if this Work Order
conflicts with said Agreement or exhibits, the Agreement and exhibits shall prevail provided however, that the
CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the CITY
TERM: This Work Order shall take effect on the date of its execution by the CITY and expires upon final delivery,
inspection, acceptance and payment unless terminated earlier in accordance with the Termination provisions herein;
provided however, that the CONSULTANT /CONTRACTOR shall not proceed with work until directed to do so by the
CITY
METHOD OF COMPENSATION:
(i) FIXED FEE BASIS. If the compensation is based on a „ Fixed Fee Basis,” then the
CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the Fixed Fee
Amount indicated as the Work Order Amount. The fixed feel is an all- inclusive Firm Fixed Price binding the
CONSULTANT /CONTRACTOR to complete the work for the Fixed Fee Amount regardless of the costs
of performance. In no event shall the CONSULTANT /CONTRACTOR be paid more than the Fixed Fee
Amount.
(ii) TIME BASIS WiTH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Time Basis Method"
with a Not -to- Exceed Amount, then the CONSULTANT /CONTRACTOR shall perform all work required
by this Work Order for a sum not exceeding the amount indicated as the Work Order Amount. in no event
is the CONSULTANT /CONTRACTOR authorized to incur expenses exceeding the Not -To- Exceed
Amount without the express written consent of the CITY. Such consent will normally be in the form of an
amendment to this Work Order. The CONSULTANT /CONTRACTOR'S compensation shall be based
on the actual work required by this Work Order and the Labor Hour Rates established in the Master
Agreement.
(iii) TIME BASIS WITH A LIMITATION OF FUNDS AMOUNT. If the compensation is based on a "Time Basis
Method" with a Limitation of Funds Amount, then the amount identified as the Work Order Amount
becomes the Limitation of Funds amount which shall not be exceeded without prior written approval of the
CiTY. Such approval, if given by the CITY, will indicate a new Limitation of Funds amount. The
CONSULTANT /CONTRACTOR shall advise the CiTY whenever the CONSULTANT /CONTRACTOR
has incurred expenses on this Work Order that equals or exceeds eighty percent (80 %) of the Limitation of
Funds amount. The CONSULTANT /CONTRACTOR'S compensation shall be based on the actual work
required by this Work Order and the Labor Hour Rates established in the Master Agreement.
(iv) UNIT PRiCE BASIS WiTH A NOT TO EXCEED AMOUNT. If the compensation is based on a "Unit Price
Basis," then the CONSULTANT /CONTRACTOR shall perform all work required by this Work Order for the
amount resulting from computing the quantity(ies) of defined units and agreed upon unit pricing to establish
amount of CONTRACTOR'S compensation. All adjustments to quantities shall be approved by the Project
Manager. Prior written approval by the City is required to adjust the not to exceed amount.
The CITY shall make payment to the CONSULTANT /CONTRACTOR in strict accordance with the payment terms
of the above - referenced Agreement.
it is expressly understood by the CONSULTANT /CONTRACTOR that this Work Order, until executed by the
CITY, does not authorize the performance of any services by the CONSULTANT /CONTRACTOR and that the CITY,
prior to its execution of the Work Order, reserves the right to authorize a party other than the
CONSULTANT /CONTRACTOR to perform the services called for under this Work Order if it is determined that to do
so is in the best interest of the CiTY.
The CONSULTANT /CONTRACTOR shall execute this Work Order first and the CITY second. This Work
Order becomes effective and binding upon execution by the CITY and not until then. A copy of this executed Work Order
along with a Purchase Order will be forwarded to the CONSULTANT /CONTRACTOR at the completion of that action.
It is noted that the Purchase Order Number must be indicated on all invoices germane to the Work Order.
;MInform ation SoBuild On
Engineering • ConsutNng • 7tesdng
April 12, 2011 via electronic mail: And rew.thomasPsanfordfl.gov
CITY OF SANFORD
300 N. Park Avenue
Room 236
Sanford, Florida 32771
Attn: Mr. Andrew Thomas
RE: Environmental Review Record
Goldenrule Property
417 East 2 nd Street
Sanford, Seminole County, Florida
PSI Project No. PO- 0663 -42893
Dear Mr. Thomas:
In accordance with your request, Professional Service Industries, Inc. (PSI) is submitting
this cost estimate to conduct an Environmental Review Records for the above -noted
property.
PROJECT BACKGROUND AND PROPOSED SCOPE OF WORK
PSI understands that the City of Sanford is planning to conduct renovation of the
structure in the near future. The funding for the renovations is part of the Community
Development Block Grant (CDBG) program. The property is currently owned by
Goldenrule Housing Community Development Corp.
PSI understands that the property is developed with one single -story residential structure
totaling approximately 3,057 gross square feet developed in 1911.
The ERR will be conducted in general accordance with 24 Code of Federal Regulations
(CFR) Part 58 and the National Environmental Policy Act (NEPA).
As part of the ERR requirements, the following components will be reviewed in detail to
comply with the specific requirements of each regulation. PSI will complete the Statutory
Checklists and incorporate the findings into a final report.
• Floodplain Management (24 CFR Part 55)
• Historic Preservation (30 CFR Part 800)
• Noise Abatement (24 CFR Part 51 Subpart B)
• Hazardous Operations (24 CFR Part 51 Subpart C)
• Airport Clear Zones and Accidental Potential Zones (24 CFR 51 D)
• Toxic Chemicals and Radioactive Materials (24 CFR 58.5 (i) (2))
• Endangered Species (CFR 50.3(1))
Professional Service lndustries, Inc. • 174833 Street • Orlando, FL 32839 •407.304.5560 • Fax 407.304.56561
Goldenrule Property
Sanford, Seminole County, Florida
PSI Proposal No. PO- 0663 -42893
April 12, 2011
• Sole Source Aquifers (CFR 50.3(1))
• Coastal Zone Management Act (Sections 307(c), (d))
• Wild Scenic Rivers Act (Sections 7(b), and (c))
• Clean Air Act (Section 176 (c), (d), and 40 CFR 6, 51, 93)
• Wetland Protection (Executive Order 11990)
• Farmland Protection (CFR 50.3(1))
• Flood Insurance (CFR 50.3(1)) and Floodplain Management (24 CFR 55,
Executive Order 11988)
• Environmental Justice (CFR 50.3(1))
PSI will also conduct a site visit of the property to observe current conditions at the
facility. Additionally, PSI will complete the Noise Assessment Guide (NAG) Worksheet
as part of the ERR.
A report of findings will be submitted to the City of Sanford.
FEES
The cost to undertake this effort is estimated at $3,000.00. Please note that this fee
does not include publication costs for a Finding of No Significant impact (FONSI),
Environmental Impact Statement (EIS), Notice of Early Public Review, or Notice of
Explanation, if they are required to be completed. Additionally, this fee does not include
preparation of the Notice of Intent to Request Release of Funds (NOI /RROF).
SCHEDULE
PSI's standard time line for a project of this type is typically 15 to 21 work days after we
receive written authorization to proceed. This time line is dependent on receipt of
information from queried regulatory agencies.
Completion of the project may be affected by access to the property, the availability of
information, and other factors.
AUTHORIZATION
To authorize our services, please sign and complete the attached proposal authorization
and instructions for payment form, and return one copy of the authorized proposal to our
office. We will proceed with the work upon receipt of proposal authorization. PSI will
perform the work in accordance with the attached General Conditions, which are
incorporated into and made a part of this proposal.
PSI also provides an array of complementary environmental and industrial hygiene
services to assist our clients in successfully assessing and developing properties such
as the one referenced in this proposal. PSI's environmental consultants apply their
experience, local geologic knowledge and understanding of ASTM standards,
environmental risk, and regulatory knowledge to conduct due diligence assessments of a
wide range of property types and proposed developments.
Goldenrule Property
Sanford, Seminole County, Florida
PSI Proposal No. PO- 0663 -42893
April 12, 2011
Please call with any questions you may have, or if PSI can be of additional service. We
look forward to working with you on this and future projects.
Respectfully Submitted,
PROFESSIONAL SERVICE INDUSTRIES, INC.
Vicki B. Lewis, LEP Cate M. Landry
Environmental Professional/ Environmental Departmen Manager
Principal Consultant
Attachments: Proposal Authorization & Payment Instructions
Property Contact Information
General Conditions
X91 .
Goldenrule Property April 12, 2011
Sanford, Seminole County, Florida
PSI Proposal No. PO- 0663.42693
PROPOSAL AUTHORIZATION & PAYMENT INSTRUCTIONS
Authorization
To execute this proposal, please sign and complete the authorization information below along with
applicable payment instructions, and return one copy of the authorized proposal to our office.
Authorized By (please print) Signature
Title Firm
Address
State
Zip Code Telephone
City
Date Purchase Order No. / Project Tracking No. (if
applicable)
Payment Instructions
If invoice payment is to be made by a party other than the authorizing party above, please provide the
following information for whom the invoices are to be billed:
Firm Attention
Address Title
City State Zip Code
Telephone
Authorizing Party s Relationship to Invoice Payment Party
If invoices are to be approved other than by the payment party above, please provide the following
information for whom the Invoices are to be mailed for approval:
Firm Attention
Address Title
City State Zip Code
Authorizing Party's Relationship to Invoice Approval Party
Telephone
SX .
Goldenrule Property April 12, 2011
Sanford, Seminole County, Florida
PSI Proposal No. PO- 0663 -42893
CONTACT INFORMATION SHEET
Please provide contact information for the parties below (if known) and return to PSI along with the signed
and completed Proposal Authorization & Payment Instructions and User Questionnaire.
PRIMARY USER CONTACT SECONDARY USER CONTACT (if any)
Name
Name
Address
Address
City /State2lp
City /State/Zip
Phone
Phone
CURRENT OWNER
KEY SITE MANAGER
Name
Name
Address
Address
City/statelzip
CitylState/zip
Phone
Phone
CURRENT FACILITY OPERATOR
PAST OWNER OR OPERATOR
Name
Name
Address
Address
City/state/zip
City /State2ip
Phone
Phone
OTHER PARTIES LIKELY TO HAVE MATERIAL INFORMATION REGARDING PROPERTY
Name
Name
Address
Address
City /State2lp
City/State2lp
Phone
Phone
GENERAL CONDITIONS
I. PARTIES A.ND SCOPE OF WORK Professional Service industries Inc. cpsn shall include said Company or its particular division, subsidiary or affiliate performing the work- "Rork" means
the specific service to be perforned by PSI asset forth in PSI's proposal, Client's acceptance thereof and these Cenral Conditions. Additional work ordered by pima shall also be subject to these
General Conditions. "Ctieet" refers to the person or business entity ordering the work to be done by PSL 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 wvting, Client assumes sole responsibility for determining whether the
quantity and the nature of the work ordered by the client is adequate and sufftcient for Client's intended purpose. Client shag ccmununicate these General Conditions to each and every third parry
to whom Client transmits any part of PSl wad. PSI shall have no duty or obligati on to any third party greater than that set forth in PSI's proposal, Client's acceptance thereof and these General
Conditions. The ordering of work from PSI, or the reliance on any of PSIS work shall constitute acceptance of the terms of PSI's proposal and these General Conditions, regardless of the terms
of any subsequently issued document
2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of Use site, materials and vswk performed by PSI or others to be timely and properly ptrfontcd 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
inspections have beta so performed and unless PSI's recommendations have been followed Client agrees to indemnify, defend and hold PSL its officers, employees and agents ham ss from
any and all claims, suits, losses, costs and expenses, including. but not limited to, count costs and reasonable attorney's fees in the event that ail such tests and inspections are no so performed ot
PSI's recommendations are not so followed.
3. PREVAILING WAGES. This proposal spetikcally excludes compliance with any project labor agreement. Utwr agreement, or otter union or apprenticeship requirements. In addition,
unitss explicitly aStW to in the body of this proposal, this proposal specifically excludes compliance with any state at federal prevailing wage law or associated requirements, including the
Davis Bacon Act Due to the professional nature of its services PSI is generally exempt front the Davis Bacon Act and other prevailing wage schemts. It is agreed that no applicable prevailing
wage classification or wage rate has been provided to PSI, and that all wages and cost estianteI contained herein arc based solely upon standard, non-- prevailing wage rates. Should it later be
detenniaed by the Owner or any applicable agency that in fact pavailiag wage applies, then it is agreed that the co utract value of this agreement shall be equitably adjusted to account for such
changed circumstance. These exclusions shall sunrise the completion of the project and shan be rnerged into any subsequently executed document between the parties, regardless of the term of
such agreement Cikn will reirnbutit, defend, indemnify and hold harmless PSI from and against any liability resulting from a subsequent detemivation that ptevai ling wage regulations cover
the Project including all costs, fines and attorney's fees.
d. SCHEDULING OF WORK The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at to prices quoted. If PSI is required to delay
commencement of the work or if, upon embading 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, inteunptions in the progress of construction, or otber causes beyond the direct reasonable control of PSI, additional charge; %ill be applicable and payable
by Client
5. ACCESS TO SIZE: Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work PSI shall take reasonable measures and precautions to minimize
damage to the site and any improvernents located thereon as the result of its wwk or the use of its equipment
6. C1JF- \TI'S DUTY TO NOTIFY ENGINEER. Client warrants that it has advised PSI of any known or suspected hazardous materills, utility tines and pollutants at any site at which PSI is to
do work, and unless PSI has assumed In writing the responsibility of lccatiag subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless from all
claims, snits, losses, costs and expenses, including reasonable attorey's fees as a result of persoaal injury, death or property damage occuuting with respect to PSi's performance of its work and
resulting to or caused by contact with subsurface or latent objects, structures, lines cc conduits where the actual of potential Presence and location thereof were not revealed to PSI by Client.
7. RESPONSIBILITY: PSI's wwk shall not include detenrining, supenising or implementing the means, methods, techniques, sequences or prcccdmres of cousboction. 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, subcontr
actor of supplier from performance of its work in accordance with the context documents. Client agrees that it shall require subrogation to be waived against PSI and for PSI to be added as an
Additional Insured on all policies of insurance, including any policies required of Client's contractors or subcontractors, covering any construction or development activities to be perfored on
the project site. PSI has ro light or duty to stop the contractor's w•od:
S. SAMPLE DISPOSAL: Test specimens will be disposed immediately upon completion of the test All drilling samples Will be disposed sixty (60) days after submission of PSI's report
9. PAYMENT.. The quantities and fees provided in this proposal are PSI's estimate based on inforumation provided by Client and PSI's experience on similar projects. Test actual total amount due
to PSI shall be baud on the actual final quantities provided by PSI at the unit rates provid d herein. Client shall be iamiced 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
ttsisly (30) day period at the rate of eighteen (19) percent per annum (or the nmxeinmm interest rate pemtitted tarter applicable taw•), until paid Client agrees to pay PSrs cost of coitection of an
amounts due and unpaid after thirty (30) days, including court costs and reasorubhe attorney's fee s. PSI shalt rot be bound by any provision or agreement requiring or providing fog arbitration of
disputes or controversies arising our of this agreement, any provision wherein PSI waives any tigbts to a mechanics' hers, or any provision conditioning PSI's tight to receive paynemt for its work
upon payment to Client by any third party. These General Conditions are notice, Where required, that PSI shall file a lien whenever necessary to collect past due amounts. Failure to make payment
within 30 days of invoice shall constitute a releast of PSI from any and all claims which Client may have, whether in tort, contract or otherwise, and whether known or unknouta at the tine.
10. ALLOCATION OF RISK CLIE \T AGREES THAT PSYS SERVICES WILL NOT SUBJECT PS1'S INDIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TO ANY PERSONAL
LIABILITY, AND THAT NOTWITHSTAXDING A \`Y OTHER PROVISION OF THIS AGREEME \T, CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE TO
DIRECT ORASSERTA. \'Y CLALM, DEMAND. OR SUIT ONLY AGAINST PSL STATEMENTS; MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGL\'EERING JLDGJiE,\T
AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT.
SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLICL\-r IN THE PERFORVt4. \CE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY
EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CIJE \'T, ALL PARTIES CLAI-\fLNG THROUGH CLIE \TAND ALL PARTIES CLAIMING TO HAVE L\
ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXIN UM AGGREGATE A34OUNT OF THE LIAB HAY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL
BE LIMITED TO 525,000.00 OR THE TOTALAMOU\Tr OF THE FEE PAID TO PSI FOR iTS WORK PERFORMED ON THE PROJECT, WHICHEVER AMOUNT 1S GREATER - IN THE
EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSYS LIABILITY IN ACCORDANCE WITTI THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY. UPON
WRfTTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIE \T'S ACCEPTANCE HEREOF, WCREASE THE LIMIT OF PSI'S LLABTLITYTO 5250,000.00 OR THE
AMOUNT OF PSI'S FEE PAID TO PSI FOR ITS WORK ON TILE PROTECT, UTHICHEVER IS THE GREATER, BYAGREEING TO PAYPSIA SUM EQUIVALENT TOAN ADDITIONAL
AMOUNT OF 5 1 c 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 ANY
TYPE, BUT IS INCREASED CONSIDERATION' FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT ATTORN'EY'S FEES EXTENDED BY PSI T\ CONNECTION WITH
ANY CLAIM SHALL REDUCE THE ANIOU\TAVAILIBLE, AND ONLY ONE SUCH ANIOUYC \Yell APPLY TO ANY PROTECT.
NO ACTION OR CLAIM, WHETHER IN TORT, CO \TRACT, OR OTHERWISE, \JAY BE BROUGHTAGALNST PSI, ARISING FROM OR RELATED TO PSI'S WOM MORE THAN
TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER REGARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM-
11. INDE\LNITY: Subject to the above limitations, PSI agrees not to defend but to indemnify and hold Client bariless from and against any and all claims, suits, costs and expenses including
reasonable attorney's fees and court costs to the extent arising out of PS[ s negligence as finally determined by a court of taw. Client shalt provide the smw 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 Client and the parry iait!3&S such action shalt pay to PSI the costs and
expeascs incurcedbyPSl to iMS622te. answer and defend it, including seasonable alt racy's and witness fees and court costs to the extent that PSI shall prevail in such suit
12. TERMINATION: This A_mcnent may be terminated by either party upon seven days' prior written notice. In de event of tenuim don, PSI shall be compensated by Client for all servicts
performed up to and including the termination date, including teimbursable expenses.
13. EMPLOYEESAVITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreesneet Client agrees to pay PSI's legal expenses, administrative
costs and fees pursuant to PSI's then c•ortent fee schedule for PSI to respoad to any subpoena. For a period of one year after the completion of any work perfor ed evader this agreement. Client
agrees not to solicit, recruit, or hire any PSI employee or person who has beta employed by PSI within the previous twelve months. In the treat Client desires to hire such an iodividuaal, Mat
alters that it spate seek the writtrn consent of PSL and sisall pay PSI an amount equal to one -h'sif of the employee's annualized salary, without PSI waiving other remedies it may have.
13. HAZARDOUS MATERIALS: Nothing contained within this asreement 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 uithia 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 provisions of RCRA and any other Federal or State statute or regulation govzraing the haudling, treatment,
storage and disposal of pollutants.
15. CHOICE OF LAW A. \D EXCLUSIVE VENUE: All claim or disputes arising or tclating to this agreement shalt be governed by, construed, and enforced in accordance the laws of Illinois.
The exclusive venue for all actions or proctcdk2s arising in cmmectioa with this agreement shall be tither the Circuit Court in DuPage County, Illinois, or the Fed:ml Court for the Northern
District of Illinois.
16. PROViSIONS SEVERABLE: The parries have entered into this agreement in good faith, aad it is the specific intent of the parties that the terms of these General Conditions be enforced as
written. IQ the event any of the provisions of the st Geoeral Conditions should be found to be unenforceable, it shall be strickea and the umaining provisions shall bee enforceable.
17. ENTIRE AGREEMEN This agreement constitutes the take understanding of the parties, and there are no representations, warranties ot tndettakings made other than asset forth herein.
This apeenent maybe amended, modified or terminated only i writing, signed by each of the parties hereto.
B -900 -11(9) 7110