Loading...
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,~