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WA9601B-CS 990525 (2) ~~wiCZ2 Engineering Co. 9200 King Arthur Drive Dallas, Texas 75247-3610 Phone 214/631-4372 Fax 214/631-4380 May 25, 1999 Proposal P0017 Mr. Kenneth M. Griffin, P.E. City of Coppell m,. c. Suite 820 D~las, Texas 75225 ~ · Re: Flowable Fills Asphalt Road Sandy Lake Road an Shadydale Lane Coppell, Texas Dear Mr. Hendricks: StanTech Company (StanTech) is pleased to submit the following cost estimate and scope of work geotechnical engineering services for the above referenced project. The scope of our work upon our review drawing and specifications. INTRODUCTION The and specifications for the subject underground utility project indicates that flowable fillaround the water line and as a base under the asphalt road located at the intersectionLake Road and Shadydale Lane in the city of Coppell, Texas. According to the NTCOG specification referenced, the unconfined compressive strength of flowable fill placed be a minimum of 250 pounds per square foot after 28 days with a plasticity index less than 12 100% passing a %-inch sieve. The material placed in the referenced location reportedly lacked a content which would allow the material to be considered flowable and therefore was sampled and tested to vefi~ compliance with the project specifications. In order to whether the material placed meets the strength requirements of the NTCOG specification, proposes to conduct geotechnical sampling of the soil, perform laboratory testing, evaluate the fill soils and develop our findings and recommendations. May 25, 1999 StanTech Engineering Co. Proposal P0017 Dallas, Texas Shimek, Jacobs & Finklea, L.L.P. Consulting Engineers Page 2 FIELD EXPLORATION AND SAMPLING StanTech will evaluate the flowable fill soil conditions by conducting three (3) soil borings to a maximum depth of 6 feet. The purpose of soil borings is to conduct laboratory testing to evaluate the soil conditions and unconfined compressive strength. Sampling StanTech will obtain samples by means of 3.0-inch nominal diameter seamless steel Shelby tubes in general accordance with ASTM D 1587, Standard Practice for Thin-Walled Tube Sampling of Soils. Samples will be obtained continuously from the surface to the completion of the boring depths. Sample Handling and Field Logging All samples will be visually identified and logged in the field. The general procedures of ASTM D 2488, Standard Practice for Identification of Soils (Visual-Manual Method) will be utilized in this process. Samples will be sealed in moisture-proof containers and transported to our laboratory for further analysis and testing. LABORATORY TESTING General The laboratory testing program will be directed primarily toward evaluation of physical and engineering characteristics of the subsurface soils as described below: Laboratory Tests Uncon~ned compressive strength of nine (9) cohesive soil samples will be measured in accordance with ASTM D 2166 testing procedures. Three (3) Atterberg Limits tests will be performed in accordance with ASTM D43 18 testing procedures. One (1) % passing 3,4-inch sieve will be performed in accordance with ASTM D 1140 testing procedures All samples will be examined and classified in the laboratory in general accordance with ASTM D 2487, Standard Test Method for Classification of Soils for Engineering Purposes, in preparation of final logs of borings. ENGINEERING EVALUATION REPORT: We will transmit two original copies of our written engineering evaluation report. This report will include the items described above as well as our engineering evaluation and recommendations of the flowable fill soil conditions. May 25, 1999 StanTech Engineering Co. Proposal P0017 Dallas, Texas Shimek, Jacobs & Finklea, L.L.P. Consulting Engineers Page 3 The final report will be prepared and approved by a StanTech geotechnical engineer. We anticipate that the written report will be provided to you within a week of completion of the field exploration and laboratory testing. BUDGET AND AUTHORIZATION: EXHIBIT I presents a total cost estimate of $1,390.00 for the work. Final charges will be based on the actual work quantities and our general fee schedule, Exhibit II, and may be more or less than the estimated amount. However, we will not exceed this estimated cost without your prior approval. You may authorize the work by returning one fully executed copy of the attached service agreement, EXHIBIT IH. StanTech can mobilize to the project site on June 3, 1999 to commence field investigation, assuming that we receive authorization to proceed by May 29, 1999. We appreciate the opportunity to provide this proposal and we look forward to working with you. If you have any questions, please contact the undersigned at (214) 63 1-4372. Yours very truly, StanTech Engineering Co. Peter M. Shau, P.E. , P.E. Manager Senior Engineer Attachments PS/ps cc: Kenneth Griffin, City of Coppell Larry Davis, City of Coppell P:\ShimekXProposalXPO017.doe EXHIBIT I Scope of Services and Cost Estimate 24-May-99 Geotechnical Investigation Asphalt Road Sandy Lake Road and Shadydale Lane Coppell, Texas Proposal P0017 Estimated Unit Service Quantity Units Price Cost Field Exploration and Sampling: Project Manager/Coordinator 1 hours $90.00 $90.00 Mobilization $200.00 Drilling and Sampling 3 Borings to a depth of 6 feet in the construction areas $250.00 Trip Charge 2 trip $25.00 $50.00 Subtotal $590.00 Laboratory Testing: Atterberg Limits Tests 3 each $45.00 $135.00 % passing 3/4-inch sieve 1 each $25.00 $25.00 Unconfined Compressive Strength 9 each $30.00 $270.00 Subtotal $430.00 Engineering Studies and Report: Project Manager Specification and drawing review 1 hours $90.00 $90.00 Engineering Analyses I hours $90.00 $90.00 Reporting I hours $90.00 $90.00 Dra~er (CADD) (plan of borings) and bodng logs 1 hours $50.00 $50.00 Copy and Facsimile 1 job $50.00 $50.00 Subtotal $370.00 TOTAL $1,390.00 Estimated $1,390.00 StanTech Engineering Co. Dallas, Texas P:\99\Shimek\Proposal\P0017cost STANTECH ENGINEERING COMPANY AGREEMENT FOR SERVICES Project: Flowable Fill Evaluation Client: City of Coppell Sandy Lake Road Water Line Project Location (site): Near Intersection of Sandy Lake Road and Client Project Number: Shadydale Lane, Coppall, Texas STE Project Number: Proposal No: P0017 Owner (if different from Client) Date: May 25, 1999 Owner Project Number This contract is by and between: Mail Invoices to: City of Coppell City of Coppell 255 Parkway Boulevard 255 Parkway Boulevard Post Office Box 478 Post Office Box 478 Coppell, Texas 75019-4409 Coppell, Texas 75019-4409 (the "CLIENT") arid Address Project Correspondence to Client Representative: Kenneth M. Griffin, P.E. StanTech Engineering Company 9200 King Arthur Dr. Authorized STE Project Representative: Dallas, Texas 75247 Kenneth J. Johansen, P.E., Senior Engineer ("STE'~ EIN: 75-2330818 CLIENT hereby engages STE to provide the services set forth in PART I, at the project described herein ("Project"), CLIENT agrees to pay STE charges invoiced by STE for services rendered on the Project in accordance with PART II and to be bound by the standard terms and conditions contained herein. The parties agree: PART I - Scope of Work (attach "Exhibit I" if more space is required) Perform Soil Borings, soil sampling, laboratory analysis, and evaluation and reporting in accordance with the the Scope of Services presented in StanTech Proposal No. P0017, "Flowable Fills Evaluation - Asphalt Road - Sandy Lake Road and Shadydale Lane- Coppall, Texas, dated May 25,1999. PART II - Fee (attach "Exhibit I1" if more space is required) The fee will be in accordance with Table 1 "Cost Estimate' of StanTech Proposal No. P0017, dated May 25, 1999. The CLIENT agrees Io pay STE's invoices upon receipt. Should payment not be received within 30 days of invoice date, the CLIENT agrees to also pay a service charge of 1.5 percent per month or 18 percent per annum and the costs of collection, including 'reasonable attorneys' fees. If 1.5 percent per month exceeds Ihe maximum allowed by law, lhe service charge of 1.5 percenl will aulomatically be reduced to the maximum legally allowed. Payment of the invoice shall constitute final approval of all aspects of the work performed to date by STE. If CLIENT has any objection to any of STE's invoices, CLIENT must so advise STE in writing giving the reasons for such objections within 14 days of receipt by the CLIENT of such invoice. If the Project is terminated in whole or in part, Ihen STE shall be paid by the CLIENT for all services performed prior to STE's receipl of whiten sotice of such termination, including STE's reimbursable expenses, and STE's aclual and reasonable shut-down costs. Disclosure of Hazardous and Toxic Material and Conditions at the Project. (check one) CLIENT iS not aware of any hazardous wastes or substances, toxic materials or conditions or petroleum products ("Hazardous Materials") existing at the site of the Project, EXCEPT (elect that which is applicable) [] None [] Petroleum Fuels Only [] Those Items Described(attach "Exhibit II1" if more space is required): CLIENT StanTech Engineering Company Signature Signature Name Name Carl R. Kin.q, P.E. Title Title Vice President Date Date STANTECH ENGINEERING COMPANY STANDARD TERMS AND CONDITIONS StanTech Engineering Company, harein "STE", es an independent consultant, agrees to provide to the "CLIENT" the services described in the Scope of Work pursuant to the following Standard Terms mad Conditions which constitute a part of this Agreement: ARTICLE 1. SERVICES BY STE: a. STE will perform the sarvi~es to ha provided by STE parsuant to this Agreement in accordance with generelty accepted engineering principles and practices of performance by professionals of ordinary skill existing at the time of performance under similar conditions for the locality where the services are to ha performed. STE will reparform any of its agreed services not meeting this standard without additional compansalion. The CLIENT hereby acknowledges that lhe Prcjecl involves sedain inherent dsk factors (such as limitations on lahoretory analytical methods, variations in subsurface conditions and the like) which may adversely affect the results of the Prejecl, even though the services are performed w~h such care and sill. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED. The Scope of Work cannot be changed, altered or amended, except by written agreement signed by STE. b. STE's parsoneel may ha present, eitherfullorparttime, to provide observation andfield testing of specific padsoflhe Project inaccordancewiththeScopaofWorkeelouthersin. Should a Pontrector be involveS in the Project, STE's work does not include separvision or direction of the work of the contractor, its employees or agents, and the presence of STE's rmld representatives and any obsenmlion or testing by STE will not excuse the contractor in any way for lhe acts or omissions of the contractor. it is agreed that STE will not be responsible for job or safety on lhe Project, STE will not assume control of or respansibilily for lhe Project, STE will not undertake the responsibility for reporting Io any public agencies any conditions on the Project except in those instances where STE is requireS by law to so nntify governmental agencies of potential dangers or contamination. The CLIENT agrees to notify the a ppropdate federal, slate or local publio agencies as requireS by law and disclose, in a fimety manner, any information that may be necessary to prevent soy danger to health, safety or the environment or as may be otherwise necessary concoming the Project. c. Field test or boring localions descdbed in STE's repod or shown on skatches are based on information furnisheS by others or estimates made in the field by STE personnel. Such dimensions, depths or elevations ere approximations and are not warranleS Io be exact. d. STE will maintain dudng the performarise of the services by it under this Agreement, if reasonably available, (i) statutory Workers' Compensation liability coverage end 07 Comprehensive General Liability inourence coverage in policy amounts of nat less than One Million Dollars ($1,000,000.00). ARTICLE 2. THE CLIENTS RESPONSIBILITIES: a. CLIENT has obtained am and dgM of entry to the Preject and hereby grants free access and dght of entry to the Project to STE, its agents, staff, consultants and sontractors or subcontractors, for the purpose of performing all acts, studies and resesrsh, including without limitation the obtaining of samples and the performance of tests and evaluations, pursuant to Ihe Sc. opa of Work. b. CLIENT represents thai CLIENT possesses all necessary permits and licenses required for the parformance of lhe services lo ba provided by STE under this Agreemect and for the conlinualion of CLIENT and STE's activities at the Project. c. CLIENT will furnish or cause to ha furnisheS such reports, data, studies. plans, specifications, documents and other information deemeS necessary by STE for the prepar performance of STE's services pursuant to this Agreement. STE may rely upon documents provided by the CLIENT in performing Ihe services required under this Agreement; however, CLIENT-provided documents will remain lhe preparty of Ihe CLIENT. All documents, including, but not limited to, drawings, specifications, reporls, boring logs, field notes, laporatory test data, calculations and estimates prepared by STE as pad of the service, pursuant to this Agreement, will remain STE's exclusive property. CLIENT agrees that all documents of any nature furnished to CLIENT or CLIENTs agents or designsee, if not paid for, will be returneS upon demand and will not ha used by CLIENT for any purpose whalsoever, CLIENT further agrees Ihat under no circumstances will any documents produced by STE pursuant Io Ihis Agreement be used at any location or for any project not expressly provideS for in this Agreement without STE's prior written consenl. If CLIENT uses all or any portion of STE's work on another project without STE's written permission, CLIENT shall defend, indemnify and hold STE harmless from any and all claims arising from such unauthorized use. No pad of any document STE delivers to CLIENT shall be reproduced or distributeS, whether for advedising or any other purpose, wi/hout STE's written consent. d. The CLIENT grants Io STE a lien ee the Project for the cosl of all services, expanses and attorney fees provided herein, which lien may be enforced in accordance wilh the provisions governing mechanic's and materialmen's liens. e. CLIENT is responsible for accurately delineating Ihe locations of all subterranean conditions, including utilities. STE will take reasonable precautions to avoid known subterranean conditions which are dangersue. f. CLIENT agrees to provide STE wit continuing information as it becomes available to the CLIENT of any hazardous conditions or petroleum products on or under Ihe Project. ARTICLE 3. SAMPLES: a. AI Cllent's writlen request, STE wilt maintain non-hazardous preservable test samples and specimens or the residue therefrom for 30 days after the repod date free of storage charges. Upon written request, STE will retain tesl specimens or samples for a mutually acceptable storage period and charge; at which time STE at its sole option may refute samples to CLIENT or dispose of the samples. The CLIENT will not hold STE responsible or liable for any loss of test specimens or samples after the initial 30 days. b. In the event Ihat samples contain substances or constituents that may be considered hazardous or detrimental to health, safety, or the environment as defineS by federal, state or local laws, rules, regulations, or ordinances, STE will after completion of testing and at CLIENTs expense (i) return such samples to CLIENT, or (i~ at the Client's wdtten request and using a manifest signeS by the CLIENT as generator, the CLIENT may arrange with a transporter for trenspod for disposal or treatment of such samples to a location eelacreS by Ihe CLIENT. c. CLIENT agrees to pay all costs plus a reasonable handling charge associated with the storage, transpod and disposal of samples. The CLIENT recognizes and agrees that STE does not own or assume title to such samples. All such samples are considereS owned and possessed by the CLIENT. ARTICLE 4. PUBLIC LIABILITY: In Ihe event any third party bdngs suit or has a claim for bodily or personal injury, death, property damage, claims, looses, expenses or damages of any kind or description arising out of or in any way relateS to the Project or the Agreement, the CLIENT and/or STE will each defend its respecfive intercole, shareholders, direclots, off.mrs, employees and cantractors and pay its own costs of litigation. ARTICLE 6. LIABILITY TO CLIENT: STE's total liability to the CLIENT for any claim, including but not limited to personal injury, death, property damage, claims, losses, expenses or damages of any kind arising oat of or related to the Project or this Agreement shall not exceed $50,000 or the amount of the Fee received by STE under Ibis Agreement, whichever is greater. The limitalton may be raised if CUENT agrees to a surcharge equal to 4% of the Fee as set fodh in Exhibit "11". ARTICLE 6. ENVIRONMENTAL LIABILITY: it is understood Ihet STE is not now and will not become under the terms, conditions or performance of this Agreement a handler, generator, operator, treater, sictar, lrensperler ordisposer (collectively "Disposer") under any lodetel, state or local environmental law or regulation, including but not limited to the Resource Conservation and Recovery Act of 1976 and the Comprehensive Environment Response Compenselion and Liability Act, each as amendeS (collectively "Environmental Laws") and the CLIENT agrees to defend, hold harmless and indemnity STE and its officors, directors, employees end shareholders from and against STE's exposure to undiscIosed Hazardous Materials, and any and all claims, liabilities, losses, damages, causes of action, penalties, ftnes, costs and expenses including but not limited to attorney fees (collectively "Claims") resulting from or in ccnneclion with CLIENTS violation of any terms, conditions and provisions of this Agreement, CLIENTS presence at or actions in connection with the Project, the CLIENTS or any other perty's violation of any Environmental Laws, as well as any and all Claims that STE is a Disposer. ARTICLE 7. ASSIGNMENT: Neither the CLIENT, nor STE may delegate, assign, sublet or transfer its respective duties, benefits or interests in this Agreement including but not timireS to reports, recommendations and dets without the pdor written consent of the non-assigning pady, arising out of the work, except STE may retain the services of subcontractors to assist STE in performance of this Agreement. ARTICLE 8. TERMINATION: This Agreement may be terminateS by either party on written notice to the other party. If this Agreemenl is lerminated, STE will be paid in full for all services performeS Ihrough the termination date, in addilion to STE's reasonable shut-down coots. ARTICLE 9. FORCE MAJEURE: STE is not responsible for damages or delay in performance causeS by acts of God, sldkes, lockouts, accidenls or other events beyond the reasonable control of STE. ARTICLE 10. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rig his or banefile to anyone other than the CLIENT and STE and this Agreement has no third pan'y beneficiaries. ARTICLE 11. SURVIVAL; All obligations arising prior to lhe termination of this Agreement and all provisions of this Agreement allocating the responsibility or liability belween CLIENT and STE shall survive the completion of the services and the termination of this Agreement. ARTICLE 12. INTEGRATION: This Agreement and the documents attacheS hersic and which are incorporated herein constitute the entire agreemenl between the padice and cannot be changed or amended except by a written instrument signed by all parties hersic. ARTICLE 13. GOVERNING LAW AND VENUE: This Agreement shall be governed in all respecls by the laws of the Slate of Texas. Each of the parlies hereto shall only enforce a claim arising out of this Agreement in the appropriate state or federal coud having subject and personal jurisdiction located in Dallas, Texas. For purposes of any action or proceeding instituteS wilh respecl to any such claim, all of the padice hereto irrevocably submit to the judaSlotion of such courts and irrevocably consent to service of process out of such courts by mailing a copy of the summons and complaint, by nerlified mail, return receipt requested, postage prepaid to each pady at the address provided for such party in this Agreement. ARTICLE 14. INDEPENDENT CONTRACTOR: In performing services under this Agrsemont, STE shall operate as, and have the status of, an independent contractor and shall not act as or be an ernployee of the CLIENT. ARTICLE t6. NOTICE: Notices shall be sufficiently given if either physically delivered or sent by cadtrieS mail, postage prepaid, to each of the parties at the address noteS for such party in the introductory paragraph of this Agreement, or such other address as shell be furnisheS in wdfing by either party.