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HomeMy WebLinkAboutC2017-434 - 9/15/2017 - NA AGREEMENT for Testing Services This AGREEMENT is between the City of Corpus Christ Texas, a Texas home-rule municipal corporation ("CITY'), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS. INC a Texas corporation or partnership ("LAB"), acting through Its duly authorized representative who is Oen R.Rokohl, P.E., Branch Manager which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project,described as follows:Cafe Valenzuela Landfill Alternate Daily Cover Study(Project No.E170591(-PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached es Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit"A",Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed S13.810.00. Monthly Invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings,contractors field data and submittal data will be the sole property of the City and may not be used again _by_Leb without the express teens written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPU RISTG TOLUNAY-WONG NGINEERS,INC. l e ,, 717/7 mgL 17 9.. ;. '7 Mark Va Vleck Don R. Rokohl,P. E. Date Assistant City Manager Branch Manager 826 South Padre Island Drive � j� Corpus Christi,TX 78418 y� MM • D ���7 41 (( (361)884-5050 Office ..0 - . :�t q r3/7 - H.Gra P.E. Date • .- utive Dire L. of Public orks APPROVED AS TO LEGAL FORM /. Aimee Alcorn-Reedum . - 20170912110034-05 W Assistant City Attorney Date Project No.El 7069 Accounting Unit 1020-12506-033 Account 630000 Activity:El706901102OEXP Account Category: 30000 Fund Name:So id Waste Ooeradng 2017-434 9/15/17 ;:,eE1iW9CrwEVALeRUEuLNmrIuu,Fwurewcycmexnnvnnam.esmIGAoraartrrtaa R,..74 Tolunay-Wong Engineers Inc. INDEXED EXHIBIT A Scope of Services and Fee Schedule K\ENGINEERING DATAEXCHANGEWIGIEMISOLID WASTEIEI7069 CEFE VALENZUELA LANDFILL ALTERNATE DAILY COVER STUDY IP-0907 TESTING AGREEMENT DOC Rev 17-9 11111) Tolunay-Wong 826 South Padre Island Drive Corpus Christi,Texas 78416 Engineers, Inc. Phone:(361)884-5050 August 7, 2017 Ivan Luna Asst. Director of Solid Waste Services City of Corpus Christi P. 0. Box 9277 Corpus Christi,Texas 78469 Email: IvanL@cctexas.com Ref: Proposal for Engineering Study E17069 Cefe Valenzuela Landfill Alternate Daily Cover Study Nueces County,Texas TWE Proposal No.: P17-C112 Dear Mr. Luna, Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit this proposal to provide alternate daily cover study services for the above referenced project. This proposal presents a general description of the project, our proposed scope of services to be provided and the estimated cost for completion of our services associated with the project. Project Overview The project consists of study the effects of blending water treatment plant residuals (WTR) and plant mulch in order to provide a mixture which may be suitable for use as an alternate daily cover, possible intermediate cover, or possible final cover at the Cefe F. Valenzuela landfill (CFVL). The study will attempt to identify the optimum percentage of each material for the various proposed uses. The individual material as well as the mixture will be tested for Atterberg limits, percent finer than No. 200 sieve, pinhole dispersion, hydraulic conductivity, ph, organic content, unconfined compressive strength, and moisture-density relationship. Scope of Services We will provide the personnel, equipment and materials necessary to complete the requirements of our scope of services. The purpose of our services is to provide the information needed to evaluate the effectiveness of blending the residuals and mulch for use as proposed cover materials. Laboratory Testing Six (6) bulk samples of water treatment residual from existing stockpiles located at future Sector 3C at CFVL will be collected and delivered to our laboratory facility in Corpus Christi. A sample of mulch (chipped wood and limbs) will be obtained from the mulching operations at J. C. Elliott landfill (JCEL). These materials will be blended at various percentages of each to develop a homogeneous mixture that will provide desired properties and characteristics for use as cover Geotechnical Engineering•Environmental Services•Construction Materials Testing•Deep Foundations Testing Page 1 of 4 EXHIBIT"A" Page 1 of 4 I'olunav-Wong August 7,217 Engineers, Inc. TWE Proposal No.P17-C112 materials. TWE will perform the blending, molding, and testing of these materials at our facility in Corpus Christi,TX.The following tasks will be executed by our laboratory personnel: • We will perform certain laboratory testing on the WTR alone to establish a "base line" set of properties and characteristics data. • We propose to blend WTR and mulch at the following mixtures by volume: 40%WTR/60% Mulch 50%WTR/50% Mulch 60%WTR/40% Mulch 70%WTR/30% Mulch • After blending the materials at the proposed percentages, we will repeat the laboratory tests to evaluate the properties and characteristics of the blended materials to evaluate the effect blending mulch with the WTR. • The testing regime will include: • Atterberg Limits — ASTM D 4318 — This will indicate the plasticity of the materials and will be used for classification purposes • Percent Finer than No. 200 Sieve — ASTM D 1140 - This will indicate the percentage of particles finer than No. 200 sieve and will be used for classification purposes • Pinhole Dispersion —ASTM D 4647—This will be used to identify and classify dispersive clay soils with an indication of erosion potential • Hydraulic Conductivity — ASTM D 5084 —This will be used to determine the ability of water to pass through the material in a compacted or semi- compacted state • Unconfined Compressive Strength — ASTM D 2166 — This will be used to evaluate the unconfined shear strength of the material in a compacted of semi-compacted state • pH — ASTM G 51 — This will be used to evaluate the concentration of hydrogen ions in the material • Organic Content—ASTM D 2974—This will be used to evaluate the presence of organics in the material • Standard Compaction — ASTM D 698 — This will be used to determine the moisture density relationship for the material • Upon tabulation of the test results we will communicate with the client and determine additional series or formulas, if any, to process. Geotechnical Engineering•Environmental Services•Construction Materials Testing•Deep Foundations Testing Page 2 of 4 I EXHIBIT"A" Page 2 of 4 10 I oluna -Wong Engineers. Inc. August 7,2017 TWE Proposal No.P17-C112 Report Preparation We will prepare a data report utilizing the information collected during our laboratory testing services performed for this project. We will present the results and findings of our laboratory services in a final written report. Electronic and hard copies of our final report will be issued to the Client. Our final report will include the following: a. Discussion and conclusions of our findings including: i. Summary of laboratory tasks; ii. Laboratory test results iii. Recommendations for optimum percentages of each material and/or need for further evaluation Schedule Upon authorization, our laboratory program may commence within about 3 to 5 working days depending on our current schedule, personnel, and equipment availability. We anticipate the laboratory program will take approximately two (2) to three (3) weeks from receipt of material samples. Preparation of our final report will take at least five (5) working days after all laboratory testing is completed. We anticipate an overall project duration of four (4) to five (5) weeks from notice to proceed to completion of our report. During this time, we will communicate with the client and provide preliminary information as needed. Estimated Cost The estimated cost for our services associated with this project is presented below. Every reasonable effort will be made to stay within this proposed budget. Should unforeseen conditions or situations occur that are beyond the control of TWE, we will not exceed this lump sum amount without prior approval from the Client. Description Unit Quantity Rate Extension Laboratory Testing 1 Water Content and Visual Classification ea. 12 $10.00 $120.00 2 Atterberg Limits -ASTM D 4318 ea. 12 $65.00 $780.00 3 Percent Finer Than No. 200-ASTM D 1140 ea. 12 $50.00 $600.00 4 Pinhole Dispersion -ASTM D 4647 ea. 6 $175.00 $1,050.00 5 Standard Compaction -ASTM D 698 ea. 6 $150.00 $900.00 6 Hydraulic Conductivity -ASTM D 5084 ea. 12 $285.00 $3,420.00 7 Unconfined Compression -ASTM D 2166 ea. 12 $40.00 $480.00 8 pH (Soil) -ASTM G 51 ea. 12 $40.00 $480.00 9 Organic Content -ASTM D 2974 ea. 12 $50.00 $600.00 8 Sample Preparation -Soil - Mulch Admixture ea. 12 $50.00 $600.00 9 Materials Sampling ea. 2 $250.00 $500.00 Geotechnical Engineering•Environmental Services•Construction Materials Testing•Deep Foundations Testing Page 3 of 4 EXHIBIT "A" Page 3 of 4 I'olunav-Wong 110 Engineers. Inc. August 7,2017 TWE Proposal No.P17-C112 Project Management 10 Senior Project Manager, Hr. ea. 8 $170.00 $1,360.00 11 Project Manager, Hr. ea. 16 $120.00 $1,920.00 12 Computer-Aided Draftsman ea. 8 $75.00 $600.00 12 Administrative Assistant, Hr. ea. 4 $50.00 $200.00 Total Cost Estimate $13,610.00 Closing If you have any questions regarding this proposal, please contact us at (361) 884-5050. We appreciate your consideration for this project and we look forward to working with you on this project. Sincerely, TOLUNAY-WONG ENGINEERS, INC. -til 1 ,7 itOdec.hk Don R. Rokohl, P.E. Branch Manager DRR/drr Geotechnical Engineering•Environmental Services•Construction Materials Testing•Deep Foundations Testing Page 4 of 4 IEXHIBIT"A" I Page 4 of 4 EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contractor direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K\ENGINEERING DATAEXOHANGEANGIEMSOLID WASTE @17089 CEFE VALENZUELA LANDFILL ALTERNATE DAILY COVER STUD1117.0907 TESTING AGREEMENT.DOC Rev 17-9 • (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractors means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain - the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under the same or similar conditions. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court K\ENGINEERING DATAEXCHANGEIANGIEMSOLID WASTE E17069 CEFE VALENZUELA LANDFILL ALTERNATE DAILY COVER STUDY117d907 TESTING AGREEMENT DOC Rev 17-9 • costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment)2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insuredonthe General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required Bodily Injury and Property Damage on all certificates or by applicable policy Per occurrence- aggregate endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations _ 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended K\ENGINEERING DATAEXCHANGEUNGIEMSOLID WASTE1E17039 CEFE VALENZUELA LANDFILL ALTERNATE DAILY COVER STUDYI1/L907 TESTING AGREEMENT DOC Rev 17-9 reporting period provisions and identify any limitations regarding who is insured. WORKERS'COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy and professional liability/Errors& Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend K:%ENGINEERING DATAEXCHANGE ANGIEMSOLID WASTSF17O69 CEFE VALENZUELA LANDFILL ALTERNATE DAILY COVER STUDY 17L907 TESTING AGREEMENT.DOC Rev 17•9 • • Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/Qovernment/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit"A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. K:\ENGINEERING DATAEXCHANGEVANGIEM\SOLID WASTE\E17069 CEFE VALENZUELA LANDFILL ALTERNATE DAILY COVER STUDY117-0907 TESTING AGREEMENT.DOC Rev 17-9 I • 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. K\ENGINEERING DATAEXCHANGEIANGIEMSOLID WASTE\E9069 CEFE VALENZUELA LANDFILL ALTERNATE DAILY COVER STUDY117-0907 TESTING AGREEMENT DOC Rev/7-9 EXHIBIT C Monthly Invoices Sample form For COMPLETE PROJECT NAME paymeRe.-lavd Request a a7rzn90 Project No.XXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Aid No.1 Arid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2000 1,000 0 3,000 1,000 500 1600 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1000 3,500 0 0 0 0% Subtotal Basic Services $B,WO $1,030 $1250 $8,250 $750 $1,500 $2,500 30% Additional Services: Pemdtting $2000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O8 M Manuals TBD TBD TBD TBD TBD TBD TED 0% SCADA TBD TBD TBD TBD TBD TBD TED 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,300 $1,250 $8,250 $750 $1500 $2,500 30% Additional Services Fees 200 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000. 23% K\ENGINEERING DATAEXCHANGEANGIEMSOLID WASTE1E17C69 cEFE VALENZUELA LANDFILL ALTERNATE DAILY COVER STODY117L907 TESTING AGREEMENT DOC Rev 17-9