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ST0001-CN011029 : RECEIVED Rone Engineers RECORDS September 6, 2001 CITY OF CD,FED_ Revised: October 15, 2001 Ms. Susan Taylor City of Coppell ~£o~..,~^. £.~,.~.,.~ Engineering Department ~o~o~,c~ s.u~,£s P.O Box 478 ms~,£ss ..v~sm^~,o.~ Coppell, Texas 75019 PAVEMENT DESIGN ^~w,~ ~o~..,~ ~,,.~ Reference: Creekview Drive and Freeport Parkway FOUNDATION RECOMMENDATIONS Coppell, Texas ¢o.s-~.o~..o..o...o.,.~ Proposal No. 01-2914 CONSTRUCTION MATERIALS TESTING Dear Ms. Taylor, CONSTRUCTION OBSERVATION Rone Engineers, Inc. understands that we have been selected based solely on our co.c.m TEST,.~ qualifications, and that City of Coppell is currently negotiating scope and fees with only ~""~'~ *£~'"~ Rone Engineers, Inc. at this time for the quality control for the above referenced project. SOILS TESTING ..~. ,.~.Ec~,o. For the purpose of this proposal we have estimated quantities and tests that will be required ,o~ ~E,~,o. ,,s,~,o, in accordance with the preliminary quantities supplied. This is only an estimate for .o.-o~.u~,~ ~..~ budgetary purposes. The actual costs for Construction Materials Engineering and Testing s,.uc~u.~, s,~. ,.~,~,,o. services can decrease or increase with changes in the scope of work or with the SPECIAl. TESTIN6 contractor's work method. O.,...~ S~.v.~ Rone Engineers fees will be based on the actual amount of technician time and laboratory · .o...o. w~.. ,.~.^..o. testing utilized by the project and performed on a unit price basis in accordance with the · ~.v,.o.~..~ o.,~..~ attached Schedule of Services and Fees and Rone Engineers' Terms for Construction · GEOTECHNICAL DRILLING Materials Testing Services. Rone Engineers meets the requirements ofASTM E 329 and is an active participant in the CCRL and the AASHTO proficiency sample programs. Rone 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, I C. DALLAS n~Yay ~ 8908 AMBASSADOR ROW DALLAS~ TEXAS 75247 TELEPHONE 214-630-9745 ,K/evi FACSIMILE 214-630-9819 CMT Operations Manager ,o,, wo,,. ~~~ermg and Testing 121 NORTH RAYNER STREET FORT WORTH~ TEXAS 76111 METRO 817-429-4328 ion Manager ~^c~.,~,.~ 8,7-8s~-~3 Construction Materials Engineering and Testing September 6, 2001 Revised: October 15, 2001 Proposal No. 01-2914 RONE ENGINEERS, INC. Construction Materials Engineering and Testing Basic Services and Cost Estimate Project: Creekview Drive and Freeport Parkway DESCRIPTION Estimated Unit Estimated Quantity Rate Total EARTHWORK Moisture Density Relationship ASTM D-698 (each) 9.0 $130.00 $1,170.00 Atterberg Limits (each) 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: 1 density test for every 300 lineal feet of paving subgrade, sidewalk subgrade and trench backfill per 8 inch lift. CONCRETE Concrete Inspection (hourly) 400.0 $27.50 $11,000.00 Concrete Test Cylinders (each) 670.0 $13.00 $8,710.00 Transportation Charge (trip) 40.0 $13.00 $520.00 Engineering & Report Review (hourly) 12.0 $55.00 $660.00 Assumptions: 1 set of 4 concrete test cylinders for every 150 yards of concrete placed. Concrete'Inspection time is based on delivery of concrete at 50 yards per hour. ASPHALT Engineering Technician (hourly) 4.0 $27.50 $110.00 Asphalt Extraction/Gradation (each) 2.0 $145.00 $290.00 Transportation Charge (trip) 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. Overtime 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 Revised: October 15, 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 omi. 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 parties' 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 excereised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstances is any warranty, expressed or implied, made in connection with the providing of geoteehnical 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 damage may occur and the correction of such damage shall be limited to repair of the damaged area only. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. RONE will take reasonable precautions to avoid known subterranean structures. SAMPLE DISPOSAL RONE will retain samples transported to thc geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or transfer of sumples can be made at CLIENT'S expense upon CLIENT'S prior written request. MONITORING 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 geotechnically-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 does not in any way guarantee 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. Terms Page I of 3 BILLING AND PAYMENT CLIENT will pay RONE in accordance with the procedures 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 notify 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. In the event CLIENT fails to pay RONE within sixty (60) days after invoices are rendered. CLIENT agrees that RONE will have the right 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 principal risk is the potential for human error by RONE. For CLIENT to obtain the benefit ora fee which includes a nominal allowance tot' dealing with RONE'S liability, CLIENT agrees to limit RONE'S liability to CLIENT and to all other parties for claims arising out of RONE'S performance of the services described in this 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 indemnities 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 contracct, 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 will not seek damages in 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 Hazardous materials may exist at a site where there is no reason 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. CL1ENT agrees to compensate RONE lbr 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 materials are encountered. CL1ENT agrees to make any disclosures required by law to the appropriate governing agencies. CLlENT also agrees to hold RONE harmless for any and all consequences of 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 materials. 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 RONE which are fbund to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. Page 2 of 3 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 will 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 "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedare is set forth in this AGREEMENT, then it shall be anderstood that the parties shall submit disputes to mediation as a condition precedent to litigation. If a dispute at law arises fi.om matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of' ADR as provided above, then: (1) the claim will be brought and tried in Dallas County. (2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including stafftime, 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. By: Jim Witt Kevin Jay Canafax /  City Manager CMT Operations Manager 10/29/01 Cons~ction Mate~als Engine~ng and Testing Matefi~s Engine~ng ~d TesfinCons~c~n ~ Date: September 6, 2001 Revised: October 15, 2001 Wernls Page 3 of 3