1994-176E:\~PDOCS\ORD\EHCON.BAK
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND
EMCON BAKER-SHIFLETT FOR PROFESSIONAL ENGINEERING SERVICES FOR
DEVELOPING A GROUNDWATER CHARACTERIZATION FOR THE DENTON LANDFILL;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the city Manager is hereby authorized to
execute an Agreement between the city of Denton and EMCON Baker-
Shiflett for professional engineering services for developing a
groundwater characterization for the Denton Landfill, a copy of
which is attached hereto and incorporated by reference herein.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the amount of Forty-nine Thousand Dollars
($49,000.00) as provided in the Agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and appro~ f~
PASSED AND APPROVED this the~/' day o , 1994.
BOB'CA~TLEB-ERRY, MA/ ~
ATTEST ~
JENNIFER WALTERS, CITY SECRETARY
APP~VED AS TO LEGAL FORM. ·
DEBRA A. DRAYOVITCH, CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND EMCON BAKER-SHIFLETT, INC.
THIS AGREEMENT is made and entered into on the ~~t~ day of
~_~ , 1994, by and between the City of Denton,
Texas, a municipal corporation situated in Denton County, Texas,
hereinafter called the "city", acting herein by and through Lloyd
Harrell, its duly authorized city Manager, and EMCON Baker-
Shiflett, Inc., an independent contractor, acting herein by and
through Michael M. Shiflett, its duly authorized President,
hereinafter called the "Engineer".
WI TNE S SETH
That for and in consideration of the mutual covenants and
agreements herein contained, the parties hereto do hereby covenant
and agree as follows:
SECTION I - SERVICES OF THE ENGINEERs
The city hereby contracts with Engineer as an independent
contractor, and the Engineer hereby agrees to perform, within the
professional standards normally accepted in the State of Texas,
professional services associated with individual assignments as
agreed in writing in connection with the scope of work set forth in
Section II hereof.
SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES
Engineer shall:
1. Drill and sample at six borings around the existing site
in the areas shown on Exhibit "I". Ail borings shall be
drilled at least five feet into the calcareous clay
strata (Grayson Formation). Ail borings shall be field
logged and continuously sampled using split-spoons, thin-
walled tubes, or an appropriate coring device.
2. Any geotechnical testing of samples shall be in accor-
dance with the tests outlined in the approved Soil Boring
and Sampling Plan for the expansion site, dated January
13, 1994.
3. Leave all borings open for at least 24 hours to measure
water levels and then backfill to the surface with a
bentonite slurry using a tremie line.
4. Based on boring data, develop the appropriate number and
screen intervals for each piezometer or piezometer nest.
Install at least one piezometer or piezometer nest in the
vicinity of existing piezometers P-3 and P-4 (downgra-
dient), one piezometer or piezometer nest near previously
drilled boring B-24 (downgradient), one piezometer or
piezometer nest near existing piezometer P-5, ~d~one
piezometer near existing well MW-3 (downgradient)) one
piezometer or piezometer nest near existing piezometer P-
9,~one piezometer or piezometer nest near existing pre-
viously drilled boring B-33. All piezometers shall be
constructed to monitor well standards in order to collect
water quality samples in the future.
5. Evaluate all the field data obtained both for the expan-
ded and existing site and produce a report identifying
the requirements for certifiable groundwater monitoring
system for the existing and expanded site.
6. Provide regulatory coordination with the Texas Natural
Resource Conservation Commission and HDR as necessary to
PAGE 2
report data, explain results and/or findings. This shall
include one meeting with TNRCC in Austin and t~meeting~
with HDR.
Engineer agrees to commit the personnel to each assignment as
necessary in order to complete the assignment in an expeditious
manner.
The Engineer shall advise City as to the necessity of city's
providing or obtaining from others special services and data
required in connection with the Scope of Services at city's cost
and expense, and may act as City's representative in connection
with any such services of others.
It is understood that this Agreement contemplates the full and
complete engineering services including any and all changes neces-
sary to complete the Assignment as outlined in the Scope of Ser-
vices. Nothing contained herein shall be construed as authorizing
additional fees for services.
The Engineer acknowledges by the execution of this Agreement
that all contingencies known to the Engineer and city at the date
of this Agreement as may be deemed necessary and proper to complete
the Assignment have been included in the maximum fee estimate.
Engineer agrees that it will manage and perform its engineer-
ing services in its Fort Worth office.
SECTION III - ~PECI~L ~RVICE~ OF ENGINEER:
If authorized in writing by city, Engineer shall furnish or
obtain from others Special Services necessary to complete the
assignments. These services are not included as part of Basic
Services as outlined in SECTION II - CHARACTER AND EXTENT OF
PAGE 3
ENGINEER'S SERVICES. Special Services may be required for a second
pumping test to confirm the results of the initial pumping test
and/or to obtain additional data as required by the Texas Natural
Resource Conservation Commission. Special Services will be paid
for by city as indicated in Section V.
SECTION IV - CITY RESPONSIBILITIES
city agrees to:
1. Provide all criteria and full information as to City's re-
quirements and designate a person with authority to act on
City's behalf in all matters concerning the Assignment.
2. Assist Engineer in obtaining existing studies, reports and
other available data and services of others pertinent to the
Assignment and in obtaining additional reports and data as
required.
3. Upon reasonable notice, arrange for access to and make al'l
provisions for Engineer to enter upon public and private
property as may be required for Engineer to perform services
hereunder.
4. Designate in writing a qualified person who will act as city's
representative with respect to the Assignment for the purposes
of transmitting instructions, receiving information, inter-
preting and defining City's policies and decisions with
respect to Engineer's services.
5. Review all reports, recommendations and other documents and
provide written decisions pertaining thereto within a reason-
able time.
6. Examine all studies, reports, sketches, drawings, specifica-
PAGE 4
tions, proposals and other documents presented by Engineer,
obtain advice of an attorney, insurance counselor and other
consultants as it deems appropriate for such examination and
render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Engineer.
7. Provide such legal, accounting, insurance and other counseling
services as may be required for the Assignment.
8. Bear all costs incident to compliance with this Section.
9. Provide horizontal and vertical survey data for boring loca-
tions prior to commencement of drilling. In addition, provide
final locations and elevations of wells after installation.
SECTION V - COMPENSATION TO ENGINEER
The total compensation for all of the Assignments to be per-
formed by Engineer as described in Section II - CHARACTER AND
EXTENT OF ENGINEER'S SERVICES hereof shall not exceed Forty-nine
Thousand Dollars ($49,000).
Engineer shall be compensated based upon the rates set forth
herein upon the completion of each of the following tasks, in an
amount not to exceed:
Task 1: Completion of the exploratory borings,
sampling, piezometer and monitoring well
installation $23,800
Task 2: Integration and inter~pretation of data
from the existing and expanded site
complete with finished report $12,200
Task 3: Regulatory coordination as required $ 3,000
Special Services shall not exceed $10,000
PAGE 5
Engineer shall be compensated on the following basis:
a) Labor cost shall be calculated by multiplying the direct labor
cost times the sum of the salary multiplier and the overhead
multiplier. For the purposes of this agreement, the salary
multiplier is 1.35 and the overhead multiplier is 1.80. Labor
Cost = Direct Cost X (1.35 + 1.80). A copy of the rates
Engineer shall charge is attached hereto as Exhibit "A".
b) Reimbursable Expenses. Reimbursable Expenses shall mean the
actual expenses incurred directly or indirectly in connection
with the Project, including but not limited to subconsultant
or subcontractor costs times a multiplier of one and one tenth
(1.1), transportation and subsistence incidental thereto, toll
telephone calls, express mail and telegrams, courier services,
reproduction of reports, drawings, specifications, bidding
documents, and similar project-related items in addition to
those required under Section 1, and if authorized in advance
by the City, overtime work requiring higher than regular
rates, in addition, other highly specialized equipment,
including an appropriate charge for previously established
programs and expenses of photographic production techniques.
c) Drilling and Laboratory Tests. Drilling work and laboratory
tests will be charged at the unit rates provided on the unit
and estimate sheets provided herein (Exhibit "B").
The City and the Engineer shall agree on the Scope and Com-
pensation for the performance of Special Services prior to the com-
mencement of such Special Services. For Special Services performed
under Section III, the Engineer will be compensated at the same
PAGE 6
rates and methods as outlined in this Section V.
SECTION!VI - METHOD OF PAYMENT
The Engineer shall be paid monthly on the basis of statements
prepared from the books and records of account of the Engineer,
such statements to be verified as to accuracy and compliance with
the terms of this Agreement by an officer of the Engineer. Payment
according to statements will be subject to certification by the
Executive Director of Utilities or his duly authorized representa-
tives that such work has been properly performed.
The above charges are on the basis of prompt payment of bills
rendered and continuous progress of the work on the Assignment
until completion. If city fails to make any agreed to payment due
to Engineer for services properly performed within sixty days after
receipt of Englneer~s statement thereof, the amount due Engineer
shall include a charge at the rate of 1.0 percent per month from
said sixtieth day, and in addition Engineer may, after giving seven
days written notice to City, suspend services under this Agreement
until Engineer has been paid in full all amounts due for services
properly performed.
Mail monthly invoices to:
The City of Denton
Attn: Howard Martin
901-A Texas Street
Denton, Tx 76201
Telephone Number (817) 566-8453
SECTION VII - TIME SCHEDULE OF ENaINEERINO SERVICES
The Engineer shall initiate work prescribed hereunder immed-
iately upon the execution of this Agreement and upon issuance by
city of a Notice to Proceed. Engineer shall perform the services
PAGE 7
provided herein in ninety (90) calendar days. Any request for
special services shall be submitted in sufficient time to allow for
completion of services within 180 days.
SECTION VIII - TERMINATION:
The city may terminate this Agreement at any time and for any
cause by notice in writing to the Engineer. Upon receipt of such
notice, the Engineer shall immediately discontinue all services and
work and the placing of all orders or the entering into Contracts
for supplies, assistance, facilities and materials in connection
with the performance of the Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to
this Agreement.
If the City terminates this Agreement under the foregoing
paragraph, the city shall pay the Engineer for services properly
performed in accordance herewith prior to such termination, less
such payments having been previously made. Such payments shall be
based upon the work completed up to the date of termination of the
Agreement in accordance with the method of compensation prescribed
in Sections V and VI hereof. Engineer shall also be compensated
for all termination related expenses such as meeting attendance,
document reproduction, transfer of records, etc.
Upon termination of this Agreement, the Engineer shall provide
the city reproducible copies of all completed or partially com-
pleted engineering documents prepared under this Agreement.
SECTION IX - INSURANCE
Engineer shall maintain statutory worker's compensation
insurance coverage, employers' liability, commercial general
PAGE 8
liability, automobile liability, and professional liability
insurance coverage during the period of performance of services
hereunder in the following minimum amounts:
LIMITS OF LIABILITY
A. Worker's Compensation Statutory
Employer's Liability $1,000,000
B. Commercial General Liability
(including Contractual Liability):
Bodily Injury ) $1,000,000 combined
single limits for each
Property Damage) occurrence or aggregate
C. Comprehensive, Automobile
Liability (Owned, Hired, and
Non-owned Vehicles):
Bodily Injury ) $1,000,000 combined
) single limits for each
Property Damage) occurrence or aggregate
D. Professional Liability $1,000,000 annual aggregate
Engineer shall furnish City insurance certificates to evidence
such coverages. The certificates shall contain a provision that
such insurance shall not be canceled, without 30 days prior written
notice to city.
BECTION X - INDEMNIFICATION
Except for the events addressed in SECTION XIII hereof,
Engineer shall and does hereby agree to indemnify and hold harmless
the City from any and all damages, loss, cost, or liability of any
kind whatsoever, including attorneys' fees, to the extent arising
PAGE 9
out of the negligent act or omission of the Engineer and Engineer
shall, at its cost and expense, defend and protect the City against
any and all such claims and demands. City agrees to limit any lia-
bility of Engineer, its officers, shareholders, and employees to
the lesser of actual damages incurred by the city or the sum of
Five Million Dollars ($5,000,000.00).
SECTION XI - NO THIRD F~RT¥ BENEFICIARIES
There are no third party beneficiaries of this agreement be-
tween city and Engineer and no third party shall be entitled to
rely upon any work performed or reports prepared by Engineer here-
under for the purpose whatsoever.
SECTION XII - S~IPLINO
Most test samples or specimens are consumed or substantially
altered during the conducting of tests by the Engineer, and, at
Engineer's sole discretion, Engineer will dispose (subject to the
following) of any remaining residue immediately upon completion of
tests:
1. Engineer will maintain preservable test samples and specimens
or the residue therefrom for 30 days after submission of
Engineer's report free of storage charges. After the initial
30 days and upon written request, Engineer will retain test
specimens or samples for a mutually acceptable storage charge
and stated period of time. city agrees that it will not hold
Engineer responsible or liable for any loss of test specimens
or samples retained in storage.
2. In the event that samples contain substances or constituents
hazardous or detrimental to health, safety, or the environment
PAGE 10
as defined by federal, state or local statutes, regulations or
ordinances, Engineer will, after completion of testing and at
City's expense: (i) return such samples to City, or (ii)
using a manifest signed by City as generator, will have such
samples transported to a location selected by City as genera-
tor and will have such samples disposed of in accordance with
city's direction.
city agrees to pay all costs associated with the storage,
transport, and disposal of hazardous samples, city recognizes and
agrees that Engineer is acting as a bailee and at no time does
Engineer assume title to said waste.
All laboratory and field equipment contaminated in performing
these engineering services which cannot be reasonably decontaminat-
ed, in the sole opinion of the City, shall become the property and
responsibility of city. All such equipment shall be delivered to
City or disposed of in a manner similar to that indicated in the
previous paragraph, city agrees to pay fair market value of any
such equipment which, in the city's sole opinion, cannot be
reasonably decontaminated.
SECTION XIII - INDEMNITY PERTAINING TO H~ZARDOUS M~TERIALS
city acknowledges Engineer will perform part of the work at
City's facilities that may contain hazardous materials, including
petroleum products, or conditions, and the Engineer had no prior
role in the generation, treatment, storage, or disposition of such
materials. Engineer shall have no responsibility for the discov-
ery, presence, handling, or disposal of or exposure of persons to
hazardous materials in any form at the Project site, provided how-
PAGE 11
ever, Engineer shall have the responsibility to and shall report to
the City the location of any hazardous materials that an engineer
of similar skill and expertise should have noticed.
In connection with hazardous waste, including petroleum pro-
ducts, city agrees to defend, hold harmless and indemnify Engineer
from and against any and all claims and liabilities resulting from:
(a) City's violation of any federal, state or local statute,
regulation or ordinance relating to the disposal of hazardous sub-
stances or constituents; or
(b) city's handling, removal, treatment, storage, transporta-
tion or disposal of hazardous substances or constituents found or
identified at the site;
Absent any intentional wrongful acts or negligence, in no
event shall Engineer be considered the owner or operator under the
Resource Conservation and Recovery Act of 1976, as amended, or any
other similar Federal or State law.
SECTION XIV - RIGHT TO AUDITs
Engineer agrees that the city shall, until the expiration of
three (3) years after final payment under this Agreement, have
access to and the right to examine any directly pertinent books,
documents, papers and records of the Engineer involving transac-
tions relating to this Agreement. Engineer agrees that the city
shall have access during normal working hours to all necessary
Engineer facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the pro-
visions of this section. The city shall give Engineer reasonable
advance notice of intended audits.
PAGE 12
SECTION XV - SUCCESSORS AND ABSIGNSS
The City and the Engineer each bind themselves, their succes-
sors and assigns, to the other party to this Agreement and to the
successors and assigns of each other party in respect to all
covenants of this Agreement.
SECTION XVI - ASSIGNMENTs
Neither party hereto shall assign, sublet or transfer its
interest herein without prior written consent of the other party,
and any attempted assignment, sublease or transfer of all or any
part hereof without such prior written consent shall be void.
SECTION ](VII - INDEPENDENT CONTRACTORs
Engineer shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or
employee of the city. Engineer shall have exclusive control of,
and the exclusive right to control the details of the work per-
formed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers,
agents and employees. Nothing herein shall be construed as
creating a partnership or joint venture between the city and the
Engineer, its officers, agents and employees, and doctrine of
respondent superior has no application as between the city and the
Engineer.
SECTION XVIII - VENUEs
Venue of any suit or cause of action under this Agreement
shall lie in Denton County, Texas.
SECTION XIX - NOTICEs
Any notice or other written instrument required or permitted
PAGE 13
to be delivered under the terms of this Agreement shall be deemed
to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or
certified, return receipt requested, addressed to Engineer or City,
as the case may be, at the following addresses:
CITY ENGINEER
city of Denton, Texas EMCON Baker-Shiflett, Inc.
ATTN: City Manager ATTN: V.P. Finance
215 E. McKinney 5701 E. Loop 820 South
Denton, TX 76201 Ft. Worth, TX 76119-7051
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
MONY HEREOF. the parties have executed the Agreement, this
day of~1994.-~' /
This Agreement is executed in two (2) counterparts.
Ha ENTON, ~E~AS //
r~~ager
ATTEST:
Jennifer Walters, city Secretary
PAGE 14
APPROVED AS TO LEGAL FO~:
Debra A. Drayovitch, c~y Attorney
EMCON Baker-Shiflett
ichael M. Shifle~, President
ATTEST:
0
B:\PROBE.K
PAGE 15
EXHIBIT "A"
GmcoII Baker-Shifleff, Inc,
5701 East Loop 820 Soutt~ · Fort Worth, Texc~ 761.19-7051 · (817) 478-82.54 * Metro (817) 572-3411 * Fax (817) 478-8~74
E, ffec~Jve $imm'7 1,
SCHEDULE OF CHARGES
PERSONNEL CHARGES
Rate Per Hour
Professional:
Senior Executives .............................. $115.00 - 135.00
......... 100.00- 120.00
Executive Managers ...................
Project Managers .............................. 80.00 - 105.00
Senior Engineer/Environmental Scientist/Geologist .......... 75.00 - I00.00
Staff Engineer/Environmental Scientist/Geologist ........... 50.00 - 90.00
Certified Industrial Hygienist/Toxicologists .............. 60.00 - 120.00
Technical:
Senior Technicians ................................... $ 55.00 - 75.00
Samplers/Field Technicians .............................. 30.00 - 60.00
Industrial Hygienist 30 00 - 60 00
Drafters/CADD Operators 40 O0 - 65 00
Technical Editors/Writers ............................... 50.00 - 75.00
Administrative:
Senior Administrator .................................. $ 45.00 - 60.00
'Word Processor ..................................... 3S.00 - :50.00
AdminJst_~ator/Clcrical ................................. 30.00- 5?.00
Notes: A. Travel time will be charged in accordance with the above rotes, up m a maximum of 8 hours
per day.
B. Expert testimony in deposition/trial at 150 percent of above rates.
C. Overtime Rate - 1.5 times regular rote.
DIRECT CHARGES
Automobile/Pickups per mile ........ $ 0.35 Cellular phones per minute ...... 1.25
Blueprints: Blue Line per sq. fi ....... 0.25 Color photographs per photograph 2.00
Blueprints: Sepia Mylar per sq. fi ..... 1.75 Fax per page .............. 2.00
CADD Laser Plots: Vellum per sq. fi... 1.00 Reproduction per sheet ........ 0.15
CADD Laser Plots: Mylar per sq. fi .... 2.50
FW/ISI/SCHCHG-F.224-O3A~jh:I0 I of 2
EXHIBIT "B"
mcon Baker-Shiflett, Inc,
5701 East Looo 820 South · t:ort Worll~. Texas 76119-70~1 · (817) 478-8254 * Metro (817) 572-3411 · tax (817) 478-8874
SUPPLEMENTAL SCHEDULE OF CHARGES
LABORATORY
Strength and Volume Change Tests
Unconfined compression -
Undisturbed Shelby Tube Specimen ......................... $ 25.00/each
NW Core Specimen ................................... 30.00/each
Absorption Pressure Swell tests .............................. 85.001each
Consolidation tests ...................................... 195.00/each
Triaxial - 1.4-inch and 2.0-inch diameter specimens
(larger diameter specimens quoted upon request)
Unconsolidated Undrained:
Multiple specimen - 3 specimens minimum ................... 65.00/spoc.
Single specimen - 3 points minimum ....................... 50.00/point
Consolidated Undrained - with pore pressure
measurements:
Multiple specimen - 3 specimens minimum ................... 285.00/spec.
Single specimen - 3 points minimum ....................... 250.O0/point
Consolidated Drained:
Multiple specimen - 3 specimens minimum ................... 410.00/spec.
Single specimen - 3 points minimum ....................... 360.00/point
Direct Shear - 2.S-inch diameter specimen
Q-Test - 3 points minimum .............................. 12~.00/point
S-Test - 3 points minimum ............................... 185.00/point
35.00/each
Remolding samples .....................................
Physical/Engineering Properties
Moisture content and visual classification ................... $ 10.00/each
............... 40.00/each
Atterberg limits tests ...............
Unit dry weight and moisture content tests ................. 15.00/each
Minus 200 mesh sieve tests .................. 25.00/each
Hydrometer analysis (excludes specific gravity) ...... 75.00leach
Bar linear shri~l~Ee ....................... 10.00/each
Sieve Analysis through 200 mesh sieve ........... 45.001each
pH lime series (4 points minimum) ............. 200.00/each
....... 45.00/each
Specific gravity ..................
Soil box resistivity .......................... 75.00/each
FWIISI/CHOLAB-F.224-93/kjh:3 I of 3 tabom,x~
EMCON and Client shall renegotiate in good faith the terms of this Agreement within thirty (30) days. Alternatively,
either party shall thereupon have the right to terminate the Agreement; provided, however, that upon any such termination,
EMCON shall be compensated for services rendered to the date of termination.
HAZARDOUS OR UNSAFE CONDITIONS. Client has fully informed EMCON of, and shall immediately inform
EMCON when it becomes aware of any new information regarding, the type, quantity and location of any hazardous, toxic
or dangerous materials or unsafe or unhealthy conditions known or suspected at all real proper~ where services are to be
performed ("the Project Site"). Fees shall be adjusted to compensate EMCON if conditions require EMCON to take
emergency measures to protect the health and safety of the parties, the public or the environment.
SUBSURFACE OBSTRUCTIONS. Client shall supply to EMCON plans which designate the location of all subsurface
structures at the Project Site, and shall be responsible for any damage and shall indemnify EMCON for all Loss
inadvertently caused by EMCON to any structure not so designated, or by Client's inaccurate identification of underground
obstructions. Client warrants the accuracy of any information so supplied and understands and agrees that EMCON is
entitled to and may rely on the accuracy of any and ali information so supplied without independently verifying its
accuracy.
RIGHT OF ENTRY, Client agrees to grant or arrange for right of entry at the Project Site, whether or not owned by
Client. The cost of rapairing any reasonably unavoidable damages is not part of the services or fee contemplated by this
Agreement and shall be borne by Client.
REPORTING AND DISPOSAL. Client shall be solely responsible for notifying all appropriate federal, state, local or
other governmental agencies of the existence of any hazardous, toxic or dangerous materials on or in the Project Site or
discovered during performance of this Agreement. EMCON may, in its sole discretion, agree to notify such agencies on
behalf of Client, as Client's agent. Client shall be solely responsible for arranging for and paying the costs to lawfully
transport, store, treat, recycle, dispose of, or otherwise handle, hazardous or toxic substances or wastes and samples.
NO THIRD PARTY BENEFICIARIES. There are no third party beneficiaries of this Agreement entitled to rely on any
work performed or reports prepared by EMCON hereunder for any purpose. Client shall indemnify and hold EMCON
harmless against any liability for any Loss arising out of or relating to reliance by any third par~y on any work performed
or reports issued hereunder.
DESIGNS AND DISCOVERIES; OWNERSHIP AND REUSE. All designs, ideas, discoveries, inventions or
improvements utilized or developed by EMCON hereunder shall be deemed property of EMCON. Client is given no right
in the form of ownership or license to such items. Any documents furnished by EMCON are not intended or represented
as suitable for reuse by Client or others; any reuse without specific written approval and/or adaptation by EMCON for
the specific purpose intended will be at the renser's sole risk and without liability or exposure to EMCON. Any transfer
of electronic data hereunder is solely for Client's convenience "as is" without warranty as to contents, and is not project
deliverable unless specifically agreed to the contrary. EMCON disclaims all warranties express or implied with regard
to any electronic date provided hereunder, including any wanantias of merchantability or fitness for a particular purpose.
ATTORNEYS FEES AND COSTS, OTHER. The prevailing party in any action to enforce or interpret provisions of
this Agreement shall be entitled to recover all reasonable fees, costs and expenses, including staff time at current billing
rates, court costs and other claim-related expenses. If EMCON is requested to respond to any mandatory orders for the
production of documents or witnesses on Client's behalf regarding work performed by EMCON, client agrees to pay all
costs and expenses incurred by EMCON not reimbursed by others in responding to such order, including attorneys fees,
staff time at current hilling rates and reproduction expenses. Any provisions of this Agreement held in violation of any
law shall be deemed stricken and all remaining provisions will remain binding on the parties. The obligations of the
parties to indemnify and the limitations on liability set forth in this Agreement shall survive the expiration or termination
of this Agreement. This Agreement, consisting of all documents attached hereto, constitutes the entire agreement between
the parties, and supersedes any and all prior written or oral agreements with respect to the subject matter hereof. No
amendment hereto will be binding unless reduced to writing and signed by authorized representatives of each party. This
Agreement shall be subject to the laws of the state from which services of EMCON are procured.
(Rev. 1/94) Page 2 of 2
Concrete
Concrete mix design (includes trial batch, unit weight, air
content, slump, and making cylinders for one water-
cement ratio) ....................................... $ 200.00/each
Concrete mix design review (for one water-coment ratio) .............. 80.00/each
Concrete cylinders-mix confirmation or job cast be EBS,
includes curing, testing, and reporting ........................ 13.00/each
Concrete cylinders, cast by others and delivered to lab ............... 15.00/each
Concrete beams ....................................... 20.00/each
Concrete cores - measuring, preparing, compression testing,
and reporting ....................................... 35.00/each
Cop, crete cores - length measurement, ASTM C 174 ................. 15.00/each
Hot Mix Asphaltic Concrete
Extraction, percent asphalt, and gradation ....................... $ 155.00/each
Molding specimens, Marshall Method (set of 3) .................... 40.00/set
Laboratory density (set of 3) ............................... 45.00/set
Marshall Stability test (set of 3) ............................. 65.00/set
Theoretical maximum density ............................... 65.00/each
Mix design review ...................................... 110.00/each
Specific gravity and length of cores ........................... 25.00/each
Fire Resistive Materials
Density determinations ................................... $ 30.00/each
Analysis or Data Interpretation
Printed report of data reviewed by a professional engineer,
per sample per report (minimum) ........................... 0.2lhours
Engineering analysis or interpretation of data will be charged at the
appropriate engineering rate.
Laboratory Overtime
1.5 x test charge with a minimum of $59.00/hour of required overtime.
Ta,WISI/CHGLAB.F.224-931kjh:3 3 of 3 m,~m,~