1403 Prof Services Ind - 25th Place W/H80 -3
EXHIBIT A
WORK ORDER FORM
Work Order Number CDBG 10YBLD- 01
CITY OF SANFORD FLORIDA
Master Agreement/Contract Number:
Dated: 06/03/2011
Contract/ProjectTitle 25th Place Warehouse ERR
Solicitation No: ISanford Project No. jPurchase Order No.
Consultant/Contractor: Professional Services Industries, Inc.
Cons ultant/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 FIXED 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 ConsultanUContractor 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 --- 0 0 / 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 Con sultant/Contractor by and through its duly
authorized corporate officer having the full and complete authority to execute same.
CONSULTANT /CONTRACTOR
ATTEST: EXECUTION:
rlb AOoAporate Officer Signature, Corporate President
ro' %c.h V �P`3 Pr� u \Si�2� (Ut�dL CQ.�Q3�ciPr��
Cor ora Officer Printed Name Title and Date Corporate President, Printe4 Name and Date
CITY OF SANFORD
I ve'21 G /(/ o� Dy
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F
at re, chasing M nager
F. William Smith
Purchasing Manager, Printed Name and Date
,fin ,
j ' W(�
Signature, . Clerk V City Manafer
Tom George, Interim City Manager
_
City Clerk, Printed Name and Date City Manager, Printed Name and Date
rxi
s .�
y..
�Sa
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:
0) 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.
r � �� Infonwtion
"�j .To Build On
April 12, 2011
via electronic mail: And rew.thomasA_sanfordfl.gov
CITY OF SANFORD
300 N. Park Avenue
Room 236
Sanford, Florida 32771
Attn: Mr. Andrew Thomas
RE: Environmental Review Record
25 Place Warehouse
601 East 25 Place
Sanford, Seminole County, Florida
PSI Project No. PO- 0663 -42892
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 currently owns the subject property and is
planning to conduct renovations to the structure in the near future. The funding for the
renovations is part of the Community Development Block Grant (CDBG) program.
PSI understands that the property is developed with one single -story warehouse
structure totaling approximately 10,800 gross square feet and currently used for storage
by the City of Sanford.
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 Industries, Inc. • 1748 33 Street • Orlando, FL 32839 - 407.304.5560 • Fax 407.304.56561
25 Place Warehouse
Sanford, Seminole County, Florida
PSI Proposal No. PO- 0663 -42892
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(i)) and Floodplain Management (24 CFR 55,
Executive Order 11988)
• Environmental Justice (CFR 50.3(i))
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). — ! ;tt U,-3,U �`�i'
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.
25 Place Warehouse
Sanford, Seminole County, Florida
PSI Proposal No. PO- 0663 -42892
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
Mmis .
25` Place Warehouse April 12, 2011
Sanford, Seminole County, Florida
PSI Proposal No. PO- 0663 -42892
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
City State Zip Code
Telephone
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 Telephone
Authorizing Party's Relationship to Invoice Approval Party
M 559 .
25 Place Warehouse
April 12, 2011
Sanford, Seminole County, Florida
PSI Proposal No. PO- 0663 -42892
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/State/Zip
City /State /Zip
Phone
Phone
CURRENT OWNER
KEY SITE MANAGER
Name
Name
Address
Address
City/State/Zip
City/State/Zip
Phone
Phone
CURRENT FACILITY OPERATOR
PAST OWNER OR OPERATOR
Name
Name
Address
Address
City /State /Zip
City /State /Zip
Phone
Phone
OTHER PARTIES LIKELY TO HAVE MATERIAL INFORMATION REGARDING PROPERTY
Name
Name
Address
Address
City /State /Zip
City/State/Zip
Phone
Phone
, .
GENERAL CONDITIONS
1. PARTIES AND SCOPE OF WORK Professional Service Industries Inc. C` PST) shall include said company or its particular division, subsidiary or affiliate performing the work "Wait° means
the specific service to be performed by PSI as set faith in PSI's proposal, Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these
General Conditions. "Client refers to the person or business entity ordering the work to be dome by PSI. If Client is ordering the waft on behalf of another, Client represents and warrants that
it is the duty authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the
quantity and the more of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third patty
to wham 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, Client's acceptance thereof and these General
Conditions. The ordering of work from PSI, or the reliance on any of PSI's work, shall continue 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 the site, materials and work performed by PSI or others to be timely and properly performed in accordance with
the plans, specifications and coaract documents and PSI's recommendat ions. 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 have been followed. Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from
any and all claims, suits. losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so pedamed or
PSI's recommendations are not so followed.
3. PREVAILING WAGES. This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements. to addition.
unless explicitly agreed to in the body of this proposal, this proposal specifically excludes compliance with any sate or federal prevailing wage law or associated requirements, including the
Davis Bacon Act. Due to the professional nature of it services PSI is geneally exempt from the Davis Bacon Act and other prevailing wage schemes. It is agreed that no applicable prevailing
wage classification or wage rate has been provided to PSI, and that all wages and cost estimates contained herein are based solely upon standard, nou-- prevailing wage rates. Sold it later be
determined by the Owner or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such
changed circumstance. These exclusions shall survive the completion of the project and shall be merged into any subsequently executed document between the parties, regardless of the terms of
such agreement. Client will reimbmne, defend, indemnify and hold harmless PSI from and against any liability resulting from a suubsequeat dete®imabon that prevailing wage regulations cover
the Project, including all cost, fines and anomey's fees.
4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Clients acceptance will be accomplished by PSI personnel at the prices quoted. If PSI is required to delay
commencement of the work or if, upon embarking upon its wok. 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 requirement of third panties, boom utions in the progress of construction, or other causes beyond the direct reasonable control of PSI, additional charges will be applicable and payable
by Client.
5. ACCESS TO SITE: Client will arrange and provide such access to the site and work as is necessary for PSI to perform the walk PSI shall take reasonable measures and precautions to minimize
damage to the site and any improvement located thereon as the result of its work or the use of it equipment
6. CLIENT'S DUTY TO NOTIFY ENCiMMM: Client warrant 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, and unless PSI has assumed in writing the responsibility of locating subsurface object, structures, lines or conduit, Client agrees to defend, indemnify and save PSI harmless from all
claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to PSI's performance of it work and
resulting to or caused by contact with subsurface or latent objects, structures, lines or conduit where the actual or potential presence and location thereof were not revealed to PSI by Chen
7. RESPONSIBILITY: PSTs work shall not inehnde determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be
responsible for evaluating, reporting Of affecting job conditions concerning health, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contactor, sulconr
actor or supplier from performance of its work in accordance with the contract document. Client agrees that it shall require subrogation to be waved against PSI and for PSI to be added as an
Additional Insured on all policies of msuamce, including any policies required of Client's contractors or subcontractors. covering any construction or development activities to be performed on
the project site. PSI has no right or duty to stop the contractor's wort
8. SAMPLE DISPOSAL: Test specimens well be disposed immediately upon completion of the test All drilling samples will be disposed sixty (60) days after submission of PSI's repot
9. PAYMENT: The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar project. The actual total amount due
to PSI shall be based our the actual Anal quantities provided by PSI at the unit rates provided herein. 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 it receipt Cheat father agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said
thirty (30) day period at the rate of eighteen (18) percent per amnrm (or the aaaimmum interest rate permitted tender applicable law), until paid. Cliff agrees to pay PSI's cost of collection of all
amounts due and unpaid after thirty (30) days, including court cost and reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of
disputes or controversies arising out of this agreement, any prmision Wherein PSI waives a¢y rights to a mechanics' lien, or any provision conditioning PSI's tight to receive payment for its work
upon payment to Client by any third putt'. These General Conditions are notice, where required that PS[ shall file a lien whomever necessary to colket past due amounts. Faitmre to make payment
witdim 30 days of invoice shall constitute a release of PSI frog any and all claim which Client may have, whether in tort, contract or otherwise, and whether known or unknown at the time.
10. ALLOCATION OF RISK: CLIENT AGREES THAT PSI'S SERVICES WILL NOT SUBJECT PSI'S L\'DIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TO ANT PERSONAL
LIABILITY, AND THAT NOTWMISTANiDING ANY OTHER PROVISION OF THIS AGREEME.\ CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE RLNIEDY SHALL BE TO
DIRECT OR ASSERTANY CLALK, DEMAND, OR SLIT ONLYAGAINST PSI. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON EINGL\'EERING TUDGME \T
AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT.
SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUNT) TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY
EXPRESS OR BO ED WARRANTY, REPRESS \"TATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLALMLNG T) HAVE IN
ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXLW.M AGGREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGE \TS SHALL
BE LIMITED TO 5:5,000.00 OR THE TOTALAMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROTECT, 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
WRMT —\ REQUEST OF CLIE \T RECEIVED WITHIN FIVE DAYS OF CLIE.\'I'S ACCEPTANCE HEREOF, LVCRE4SE THE LIMIT OF PSI'S LIABILITY TO $250,000.00 OR THE
AMOUNT OF PSI'$ FEE PAID TO PSI FOR ITS WORK ON THE PROJECT, WHICHEVER IS THE GREATER, BYAGREEINGTO PAY PS1A 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 ANY
TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY LWOLVED. IN ANY EVE \T, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH
ANY CLAIM SHALL REDUCE THEAMOUNT AV ABLE AND ONZY ONE SUCH AMOUNT WELL APPLY TO A \'Y PROJECT.
NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT AGAINST PSL ARISING FROM OR RELATED TO PSPS WORK, MORE THAN
TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER, REGARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM.
11_ L\`DENCvTITY: Subject to the above limitatim, PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, cost and expenses including
reasonable attorney's fees and curt costs to to extent arising out of PSI's negligence as finally determined by a court of law. Cheat shall provide tie same protection to the extent of it negligence.
In the event tat Client cc Cheat's principal shall bring any suit, cause of action, claim or counterclaim against PSI, the Client and the party initiating such action shall pay to PSI the costs and
expenses incurred by PSI to investigate, answer and defend it, including reasonable attomey's and witness fees and court costs to the extent tat PSI shall prevail in such suit
12. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shag be compensated by Client for all services
performed up to and tacludimg the termination date. including re;minrsable expenses.
13. EMPL.OYEES/WTINESS FEES: PSI's employees shall not be retained as expert witnesses except by separate. written agreement. Client agrees to pay PSI's legal expenses, administrative
dross and fees pursuant to PSTs then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion of any work performed under this agreement. Client
agrees not to solicit, tectwit, or hire any PSI employee or person who has been employed by PSI within the previous twelve months. In the event Client desires to hire such an individual. Chem
agrees that it shall seek the written consent of PSI, and shalt pay PSI an amount equal to one -half of the employee's annualized salary, without PSI waiving otter remedies it may have.
14. HAZARDOUS MATERIALS: Nothing contorted within this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner, operator, generator, stover,
transporter, treater or disposal facility as Uwe terms appear within RCRA or within any Federal or Sate statute or regulation governing the generation, transportation, treatment, storage and
disposal of pollutant. Client assumes fun responsibility for compliance with the provisions of RCRA and any other Federal or Sate statute or regulation governing the handling, treatment,
storage and disposal of pollutants-
15- CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising of relating to this agreement shall be governed by, construed, and enforced in accordance the laws of linois.
The exclusive venue for all actions or proceedings arising in connection with this agreement Shan be either the Circuit Court in DuPW Comity, Illinois, or the Federal Court for the Northern
District of [Broads.
16. 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 provisions of these General Conditions should be food to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable.
17. ENTIRE AGREEM !N"r This agreement conswumes the entire understanding of the parties and there are no represenaboas, warranties a nndettakings trade other than asset forth the rein.
This agreement may be amended, modified or terminated only in writing. signed by each of the parties hereto.
B- 900 -11 (9) 7 /10