ST0001-CS010906Rune ngineers
September 6, 2001
Ms. Susan Taylor
City of Coppell ~~'~& ,
Engineering Department
GEOT£CHNICAL ENGINEERING P.O Box 478
· GEOLOG,C^L STUD,ES Coppell, Texas 75019
· DISTRESS INVESTIGATIONS
· PAVEME.T DES,G. Reference: Creekview Drive and Freeport Parkway
ADVANCED GEOTECHNICAL TESTING Coppell. Texas
· Fou.o^T,o. RECOMME.DAT,O"S Proposal No. 01-2914
· CONSTRUCTION MONITORING
Dear Ms. Taylor,
CO.STRUCT,O. MATER,A.S TEST,,G Rune Engineers. Inc. understands that we have been selected based solely on our
CONSTRUCTION OBSERVATION qualifications, and that City of Coppell is currently negotiating scope and fees with only Rune
CONCRETE TESTI.G Engineers, Inc. at this time for the quality control for the above referenced project. For the
ASPHALT TESTING
SOILS TEST'"G purpose of this proposal we have estimated quantities and tests that will be required in
P,ER ~.SPECT.ON accordance with the preliminary quantities supplied. This is only an estimate for budgetary
POST TENSION INSPECTION purposes. The actual costs for Construction Materials Engineering and Testing services can
NON-DESTRUCTIVE TESTING decrease or increase with changes in the scope of work or with the contractor's work
method.
DRILLING SERVICES
· MONITOR WELL INSTALLATION Rune Engineers fees will be based on the actual amount of technician time and laboratory
· E,VIROHME,TAL DR,LL,,G testing utilized by the project and performed on a unit price basis in accordance with the
· GEOTEC..,CAL DR~LL,NG attached Schedule of Services and Fees and Rune Engineers' Terms for Construction
Materials Testing Services.
Rune Engineers meets the requirements of ASTM E 329 and is an active participant in the
CCRL and the AASHTO proficiency sample programs. Rune Engineers has experienced
personnel to perform the necessary Construction Materials Engineering and Testing in
accordance with the project specifications.
We appreciate the opportunity to submit this proposal for Construction Materials
Engineering and Testing for the above noted project and look forward to working with you
during the construction phase of this project. If there are any questions concerning this
proposal or if we can be of further assistance to you, please contact us at your
convenience.
Respectfully submitted.
RO~NE ENGINEERS, LNC.
CMT Operations Manager
// ~awrence ~racKen v~ - ~
DALeS, TEXAS TSZ&7/A CMT' Division Manager
FACSIMILE 2~4_63~9~/ ~ Construction Materials Engineering and Testing
September 6, 2001
Proposal No. 01-2914
RONE ENGINEERS, INC.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
Project: 7
Creekview Drive and Freeport Parkway /
/
DESCRIPTION Estimated Unit Estimated
Quantit}, Rate Total
EARTHWORK
Moisture Density Relationship ASTM D~698 (each) 9.0 $130.00 $1,170.00
Atterberg Limits (each) i~'~ i~ ~ 9.0 $40.00 $360.00
Engineering Technician (hourly) 104.0 $27.50 $2,860.00
In Place Density Test (each) 148.0 $13.00 $1,924.00
Lime Pulverization Test (each) 12.0 $13.00 $156.00
Transportation Charge (trip) 52.0 $13.00 $676.00
Engineering & Report Review (hourly) 21.0 $55.00 $1,155.00
Assumptions: ~ density test for every 300 lineal feet of paving subgrade, sidewalk subgrade
and trench backfill per 8 inch lift. do b~..'~[O~
te Inspection (hourly) d,o~n-'} ~; ,n -ffl~n,,-, 400.0 $27.50 $11,000.00 ·
· ..~'"~Concrete Test Cylinders (each) t,~ 670.0 $13.00 $8,710.00
Transportation Charge (trip) 1~' 40.0 $13.00 $520.00
Engineering & Report Review (h°urly)~'t 12.0 $55.00 $660.00
Assumptions:~setof4concretetestcylindersforevery 150 yards of concrete placed3- ~ ~'o ~tOO,,4 ,~ ]~g-~. ., .,~
~ ~ Concrete lnspection time is based on delivery of concrete at 50 yards per hour. ~nOLnl~O~h~,
ASPHALT
Engineering Technician (hourly) 4.0 $27.50 $110.00
Asphalt Extraction/Gradation (each)~,,~' 2.0 $145.00 $290.00
Transportation Charge (trip) l~ 2.0 $13.00 $26.00
Engineering & Report Review (hourly) ~' 1.1 $55.00 $60.50
ESTIMATED BUDGET $29,677.50
All time is for a minimum of two hours or as noted. ~,~ will be charged for all hours worked
before 7:00am and after 5:00pm, for any time in excess of 8 hours per day or 40 hours per week,
Saturdays, Sundays and Holidays. All time is Portal to Portal.
Project Engineering services on materials engineering and testing for consultation, analysis,
report preparation and review, supervision and scheduling of field and laboratory personnel will
typically be 0.3 to 0.5 hours per report.
TERMS FOR RONE ENGINEERS, INC. (RONE) SERVICES
THE AGREEMENT
This agreement is made between RONE and City of Coppell , hereinafter referred to as CLIENT.
The AGREEMENT between the parties consists of these TERMS, the attached proposal identified as:
Proposal No. 01-2914
dated:
September 6. 2001
and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire AGREEMENT superseding any
and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed
to in writing.
STANDARD OF CARE
CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made,
and that site conditions may change with time. Data, interpretations, and recommendations by RONE will be based soley on information
available to RONE. RONE is responsible for those data. interpretations, and recommendations, but will not be responsible for other pm'ties'
interpretations or use of the information developed.
Services performed by RONE under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care
and skill ordinarily excercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions
in the locality of the project. Under no circumstances is ~y._~_~_~ty, expressed or implied, made in connection with the providing of
geotechnicai engineering services.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for RONE to perform the work set forth in this
AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted RONE free access to the site. RONE will
take reasonable precautions to minimize 'damage to the site, but it is understood by CLIENT that, in the normal course of work. some ~dam~ ge ,.. ~.~
may occur and the correction of such 'damage is not part of this AGREEMENT unless so specified in the PROPOSAL. % ~'e~t ~ ~ ~o?_
CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. RONE will take reasonable
precautions to avoid known subterranean structures, and CL~IENT waives any clah~a against RONE arising from damage dQne to subtcrran.can
structures and utilities not identified or accurately located. ~ ,
SAMPLE DISPOSAL
RONE will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report
covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENTS prior written request.
If RONE is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other
field activities as set forth in the PROPOSAL. then this phrase applies. For the specified assignment, RONE will report observations and
professional opinions to CLIENT. No action of RONE or RONE'S site representative can be construed as altering any AGREEMENT between
CLIENT and others. RONE will report to CLIENT any observed geotechnicaily-related work which, in RONE'S professional opinion, does not
conform with plans and specifications. RONE 'has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved ~
soley for CLIENT. Furthermore, RONE'S presence on site ~t-oes not in any way~uarantee the completion or quality of the performance of the
work of any party retained by CLIENT to provide field or construction-related services.
RONE will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of
construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto.
Teal'iS
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BILLING AND PAYMENT
/
CLIENT will pay RONE in accordance with the procedu~s indicated in the PROPOSAL and its attachments. Invoices will be submitted to
CLIENT by RONE, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notiP..
RONE in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the
invoice not in dispute. In the absence of written notification described above, the amount as stated on the invoice will be paid. Invoices are
delinquent if payment has not been received within thirty (30) days from date of invoice..At the option of RONE, CLIENT will pay an I~
additional charge of ...... a-~n~-h~f .SJ.l.~rcent per month rot th .... ~ .... pementage allowed by tawr whichever is lower) on any,_'
delinquent amount, except for any portion of the invoiced ammmt in cliqnut,- and resolved in favor of CLIENT. Disputed amounts withheld by
the client w~ch~e s..ubsequen~y resolved in favor of the ~eoteclmical e~gineer will carry the additional charge, as'dc' sc~bed, abovei'effective .
Lhirty (30) days from the date o_f the original invoice. In the event CLIENT fails to pay ROBIE within sixty (60) days after invoices are rendered,
CLIENT agrees that RONE will have the fight to consider the failure to pay RONE'S invoice as a breach of this AGREEMENT.
TERMINATION
This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this
AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3)
months. In the event of termination, RONE will be paid for services performed prior to the date of termination plus reasonable termination
expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of
termination.
RISK ALLOCATION
Many risks potentially 'affect RONE by virtue of entering into this AGREEMENT to perform professional engineering services on behalf of
CLIENT. The principai risk is the potential for human error by RONE. For CLIENT to obtain the benefit of a fee which includes a nominal
allowance for dealing with RONE'S liability, CLIENT agrees to limit RONE'S liability to CLIENT and to all other parties for claims arising out o
RONE'S performance of the services described in tiffs AGREEMENT. The aggregate liability of RONE will not exceed the amount of RONE'S
fee for negligent professional acts, errors, or omissions.
Limitations on liability and indemmties in this AGREEMENT are business understandings between the parties voluntarily and knowingly
entered into, and shall apply to all theories of recovery including, but not limited to breach of contrac~t, warranty, tort (including negligence),
strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT
wil~n excess of the limitations indirectly through suits with other parties who may join RONE as a third-party defendant.
Parties means CLIENT and RONE and their officers, employees, agents, affiliates, and subcontractors.
Both CLIENT and RONE agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or
punitive 'damages arising out of or related to this AGREEMENT.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT has informed RONE of CLIENT'S finding relative to the possible presence of such materials.
Hazardous materials may exist at a site where there is no mason to believe they could or should be present. RONE and CLIENT agree that the
discovery of unanticipated 'hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination
of services. RONE and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for RONE to take~,~
immediate measures to protect health and safety. CLIENT agrees to compensate RONE for any equipment decontamination or other costs~
incident to the discovery of unanticipated hazardous materials.
~RONE agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materiais are encountered. CLIENT agrees
to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold RONE harmless for any and all
consequences or' disclosures made by RONE which are required by governing law. In the event the project site is not owned by CLIENT,
CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or
suspected hazardous materiais.
Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against RONE arising from RONE'S discovery of
unanticipated hazardous materials or suspected hazardous materials, including but not limited to. any costs created by delay of the project and
any cost associated with possible reduction of the property's value.
CLIENT will be responsible for ultimate disposal of any samples secured by ROBIE which are found to be contaminated. This includes any soil
rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities.
Terms
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DISPUTES RESOLUTION
All claims, disputes, and other matters in controversy between RONE and CLIENT arising out of or in any way related to this AGREEMENT wll
be submitted to "alternative dispute resolution~ (ADR) before and as a condition precedent to other remedies provided by law. If and to the
extent CLIENT and RONE have agreed on methods for resolving such disputes, then such methods will be set forth in the ~Altemative Dispute
Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedure is set
forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation.
If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of
ADR as provided above, then:
(I) the claim will be brought and tried in judicial jurisdiction of
(2) the prevailing patay will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys'
fees, and other claim related expenses.
GOVERNING LAW AND SURVIVAL
The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance.
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions
will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause.
The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective
on the date signed below by CLIENT.
City of Coppell RONE ENGINEERS, INC.
Date:
CMT Division Manager
Construction Materials Engineering and Testing
Date: September 6, 2001
Werrn5
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