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ST9801-PR 991007 . - -_.-~ ~,.--,, ~l'l~sBC, h Engineering Co. 9200 King Arthur Drive Dallas, Texas 75247-3610 Phone 214/631-4372 Fax 214/631-438 07 October 1999 St Mr. Kenneth M. Griffin, P.E. City of Coppell 255 Parkway Boulevard Coppell, Texas 75019-4409 Re: Construction Materials Testing and Inspection Professional Services Agreement for Coppell Road Paving and Drainage Improvements Coppell, Texas Dear Mr. Griffin: StanTech Engineering Company (StanTech) is pleased to provide this proposal for Construction Materials Testing and Inspection Services for the referenced project. Following are a scope of services and cost estimate for your review. SCOPE OF SERVICES We have based our scope of services and cost estimate on the Project Manual and construction drawings which you have provided. The scope of services anticipated includes: A) Performance of standard proctor compaction, field gradations on lime treated soils and nuclear field density test on paving subgrade and trench backfill soils; B) Performance of concrete testing including air content, concrete temperature, slump, and cylinder compression strength tests on specified concrete placements. COST ESTIMATE Table I, attached, presents a detailed estimated cost. Our estimate is a recommended budget amount based upon a moderate construction schedule. We believe our amount is realistic for this project; however, the actual work performed may be increased or decreased depending upon the contractor' s progress. We will honor the unit prices presented in this proposal and will invoice only for services actually rendered. We have provided a copy of our General Fee Schedule - Exhibit I for your review. Engineering Co. 9200 King Arthur Drive Dallas, Texas 75247-3610 Phone 214/631-4372 Fax 214/631-4380 07 October 1999 StanTech Proposal No. P-0070 Mr. Kenneth M. Griffin, P.E. City of Copper 255 Parkway Boulevard CoppeR, Texas 75019-4409 Construction Materials Testing and Inspection Professional Services Agreemere for Coppell Road Paving and Drainage Improvements Coppell, Texas Dear Mr. Griffin: StanTech Engineering Company (StanTech) is pleased to provide this proposal for Construction Materials Testing and Inspection Services for the referenced project. Following are a scope of services and cost estimate for your review. SCOPE OF SERVICES We have based our scope of services and cost estimate on the Project Manual and construction drawings which you have provided. The scope of services anticipated includes: Performance of standard proctor compaction, field gradations on lime treated soils and nuclear field density test on paving subgrade and trench backfill soils; B) Performance of concrete testing including air coment, concrete temperature, slump, and cylinder compression strength tests on specified concrete placemems. COST ESTIMATE Table I, attached, presents a detailed estimated cost. Our estimate is a recommended budget amount based upon a moderate construction schedule. We believe our amount is realistic for this project; however, the actual work performed may be increased or decreased depending upon the contractor' s progress. We will honor the unit prices presented in this proposal and will invoice only for services actually rendered. We have provided a copy of our General Fee Schedule - Exhibit I for your review. Mr. Kenneth M. Griffin, P.E. 07 October 1999 Page Two SCHEDULING We are prepared to schedule a soils technician to pick up proctor test samples upon notification by the City of Coppell construction inspector. Subsequent in-place density and concrete tests will be scheduled upon request of the construction inspector to the StanTech dispatcher. ACCEPTANCE StanTech is pleased to provide this proposal and looks forward to working with the City of Coppell on this project. You may authorize this work by executing both copies of Exhibit II, Agreement for Services, and returning one copy to the undersigned. Sincerely, StanTeeh Engineering Co. Manager Senior Engineer Table I Construction Materials Testing for Coppell Road Paving and Drainage Improvements Coppell, Texas StanTech Proposal No. 0070 7-0ct-99 Service Description Estimated Quantity Task A: Earth Work ( Pavement Subgrade / Utility Trench Backfill ) Standard Proctor Compaction Test - ( Native / Lime Treated Material) Nuclear Field Density Test Pavement Subgrade- 1 Test/5,000 S.F. Lime Treated Material Trench Backfill - 1 TesfJ300 L.F./Lift * Bike Trail / Sidewalk - I Test / 300 L: F. Field Gradations - Lime Treated Subgrade Daily Mobilization Charge (per day) Secretary - Report Preparation @ .25 hr./report Project Manager - Report review @ .25 hr./report Units 6 Each Task B; Concrete Engineering Technician - Concrete testing and sampling - Portal to Portal Compressive Strength Test Cylinders (4 Cyls / 150 C.Y. or Fraction Thereof/Mix/Day of Structural Concrete) Secretary - Report Preparation @ 0.25 hr./report Project Manager- Report review @ 10 min./report Unit Price $125.00 40 Each $25.00 80 Each $25.00 9 Each $25.00 40 Each $25.00 33 Day $30.00 33 Rpt. $10.00 33 Rpt. $22.50 Subt~al 80 Hours $32.00 140 Each $13.00 Estimated Cost $750.00 $1,000.00 $2,000.00 $225.00 $1,000.00 $990.00 $330.00 $742.50 $7,037.50 $2,560.00 $1,820.00 35 Rpt. $10.00 $350.00 35 Rpt. $15.00 $525.00 Task C: Project Manaaement Project Manager - Jobsite Meetings, & Quaility Assurance Contin.qency - Approximately 5% Estimated Total Cost StanTech Engineering Co., Dallas. Texas 2 Hours I Each Subtotal $90.00 Subt0tal $5,255.00 $180.00 $180.00 $623.63 $13,096.13 STANTECH ENGINEERING COMPANY AGREEMENT FOR SERVICES Project: Construction Materials Testing for Coppell Road Paving and Drainage Improvements Client: CIty of Coppell Project Location (sits): Coppell Road from Sandy Lake Road to Hwy. 121; Coppell, Texas Client Project Number: STE Project Number: To be signed Owner (If dlfferont from Client) Date: October 7, 1999 Owner Project Number This contract Is by and between: Mall Invoices to: City of Coppell 255 Parkway Boulevard Post Office Box 478 Coppell, Texas 750194409 (the "CLIENT") and StanTech Engineering Company 9200 King Arthur Dr. Dallas, Texas 75247 ("STE") EIN: 75-2330818 City of Coppell 255 Parkway Boulevard Post Office Box 478 Coppall, Texas 750194409 Address Project Correspondence to Client Representative: Kenneth M. Griffin, P.E, Authorized STE Project Representative: Kenneth J. Johansen, P.E., Senior Engineer CLIENT hereby angages 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) Construction Materials Testing for the subject project for the Scope of Services presented in StanTech Proposal No. 00170 "Construction Materials Testing Proposal For Coppell Road Paving and Drainage Improvements - Coppell, Texas, dated October 7, 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. 0070, dated October 7, 1999. The CLIENT agrees to 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 parcent par month exceeds the maximum allowed by law, the SC:HMC~ charge of 1.5 percent will automatically 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 wdting 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, then STE shall be paid by the CLIENT for all services parformed prior to STE's receipt of written notice of such termination, including STE's reimbursable expenses. and STE's actual 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 rnatedals or conditions or p~rdeum products ("Hazardous Materials") existing at the site of the Project, EXCEPT (elect that which is applicable) rn None [] Petroleum Furls Only [] Those Items Described(attach "Exhibit II1" if more space is required): Signature StanTech ~/~ering C Signature Name Ke P.E. Title Senior Engineer Date Ste~ a~t 3-97 STANTECH ENGINEERING COMPANY STANDARD TERMS AND CONDITIONS StanTech Engineering Company, herein "STE", as an independent consultant, agrees to provide to the "CLIENT' the services described in the Scope of Work pursuant to the following Standard Terms and Conditions which constitute a part of this Agreement: ARTICLE t. SERVICES BY STE: a. STE will perform the services to be provided by STE pursuant to this Agreement in accordance with generally 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 be performed. STE will reperform any of its agreed services not meeting this standard without additional compensation. The CLIENT hereby acknowledges that the Project involves certain inherent risk factors (such as limitations on laboratory ~l methods, variations in subsurface conditions and the like) which may adversely affect fie results of the Project, even though the services are performed with such care and ski. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EFR-IER EXPRESSED OR IMPLIED. The Scope of Work cannot be changed, altered or amended, except by written agreement signed by STE. b. STEs personnel may be present, either full or part time, to provide observation and field testing of specific parts of the Project in accordance with the Scope of Work set out herein. Should a contractor be involved in the Project, STE's work does not include supeniision or direction of the work of the cor~actor, its employees or agents, and the presence of STE's field representatives and any observation or testing by STE will not excuse the contractor in any way for the acts or omissions of the contractor. It is agreed that STE will not be responsible for job or safety on the Project, STE will not assume control of or responsibility for the Project, STE will not underlake the responsibility for reporting to any public agencies any conditions on the Project except in those instances where STE is required by law to so notify governmental agencies of potential dangers or contamination. The CLIENT agrees to nolffy the appropriate federal, state or local public agencies as required by law and disclose, in a timely manner, any information that may be necessary to prevent any danger to health, safety or the environment or as may be otherwise necessary concerning the Project. c. Field test or bodng locations described in STE's report or shown on sketches are based on information furnished by others or estimates made in the field by STE personnel. SUch dimensions, depths or elevations are approximations and are not warranted to be exact. d. STE will maintain during the performance of the services by it under this Agreement, if reasonably available, (i) statutory Workers' Compensation liability coverage and (ii) Comprehensive General Liability insurance coverage in policy amounts of not less than One Million Dollars ($1,000,000.00). ARTICLE 2. THE CLIENT'S RESPONSIBILITIES: a. CLIENT has obtained access and right of entry to the Project and hereby grants free access and right of entry to the Project to STE, its agents, staff, consultants and contractors or subcontrac'o:ts, for the purpose of pertorming all acts, studies and research, including without limitation the obtaining of samples and the performance of tests and evaluations, pursuant to the Scope of Work. b. CLIENT represents that CLIENT possesses all necessary permits and licenses required for the performance of the services to he provided by STE under this Agreement and for the continuation of CLIENT and STE'S activities at the Project. c. CLIENT will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information deemed necessary by STE for the proper perrumance of STEs sen,~es pursuant to this Agreement. STE may rely upon documents provided by the CLIENT in performing the services required under this Agreement; however, CLIENT-provided documents will remain the property of the CLIENT. All documents, including, but not limited to, drawings, specifications, reports, poring logs, field notas, laboratory tast dafa, calculations and estimates prepared by STE as part of the service, pursuant to this Agreement, will remain STE's exclusive property. CLIENT agrees that all dccumenta of any nature fumished to CLIENT or CLIENT's agents or designees, if not paid for, will be returned upon demand and will not be used by CLIENT for any purpose whatsoever. CLIENT furlher agrees that under no circumstances will any documents produced by STE pursuant to this Agreement be used at any location or for any project not expressly provided for in this Agreement without STE's prior written consent. If CLIENT uses ell or any portion of STE's work on another project without STE's wdtten permission, CLIENT shall defend, indemnity and hoid STE harmless from any and ell claims adsing from such unauthorized use. No part of any document STE delivers to CLIENT shall be reproduced or distributed, whether for advertising or any other purpose, without STE's written consent. d. The CLIENT grants to STE a lien on the Project for the cost of all services, expenses and attorney fees provided herein, which lien may be enforced in accordance with the provisions governing mechanic's and materialmen's liens. e. CLIENT is responsible for accurately delineating the locations of all subterranean conditions, including utilities. STE will take reasonable precautions to avoid known subterranean conditions which are dangerous. f. CLIENT agrees to provide STE with continuing information as it becomes available to the CLIENT of any hazardous conditions or petroleum products on or under the Project. ARTICLE 3. SAMPLES: a. At Client's wdtten request, STE will maintain non-hazardous preservable test samples and specimens or the residue therefrom for 30 days after the report date free of storage charges. Upon written request, STE will retain test spedmens or samples for a mutually acceptable storage peded and charge; at which time STE at its sole option may return 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 evefit that samples contain substances or constituents that may be considered hazardous or detrimental to health, safety, or the environment as defined 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 (ii) at the Client's wdtten request and using a manifest signed by the CLIENT as generator, the CLIENT may arrange with a transporter for transport for disposal or treatment of such samples to a location selected by the CLIENT. c. CLIENT agrees to pay all costs plus a reasonable handling charge associated with the storage, transport and disposal of samples. The CLIENT recognizes and agrees that STE does not own or assume title to such samples. All such samples are considered owned and possessed by the CLIENT. ARTICLE 4. PUBLIC LIABILITY: In the event any third party brings suit or has a claim for bodily or personal injury, death, property damage, claims, losses, expenses or damages of any kind or description arising out of or in any way related to the Project or the Agreement, the CLIENT and/or STE will each defend its respective interests, shareholders, directors, officers, employees and contractors and pay its own costs of litigation. ARTICLE S. 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 adsing out of or related to the Project or this Agreement shall not exceed $50,000 or the amount of the Fee received by STE under this Agreement, whichever is greater. The limitation may be raised if CLIENT agnes to a surcharge equal to 4% of the Fee as set forth in Exhibit "It'. ARTICLE 6. ENVIRONMENTAL LIABILITY: It is understood that STE is not now and will not become under the terms, conditions or performance of this Agreement a handler, generator, operator, baater, store', bansporter or dispose (colleclbely '~isposef~ under any federal, 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 Compensation and Liability Act, each as amended (collectively "Environmental Laws'~ and the CLIENT agrees to defend, hold harmless and indemnify STE and its officers, directors, employees and shareholders from and against STE's exposure to undisclosed Hazardous Materials, and any and all claims, liabilities, losses, damages, causes of action, penalties, fines, costs and expenses including but not limited to attorney fees (collectively 'Claims") resulting from or in connection with CUENT'S violation of any tefms, conditions and provisions of this Agreement, CLIENTS presence at or actions in connection with the Project, the CLIENTS or any other partys violetion of any Environmentel 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 limited to reports, recommendations and data without the prior wdtten consent of the non-assigning party, 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 terminated by either party on written notice to the other party. If this Agreement is terminated, S'rE will be paid in full for all services performed through the termination date, in addition to STE's reasonable shut-down costs. ARTICLE 9. FORCE MAJEURE: STE is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable control of STE. ARTICLE t0. NO THIRD PARTY BENEFICIARIES: This Agreement gives no dghts or bener/tcs to anyone other than the CLIENT and STE and this Agreement has no third party beneficiaries. ARTICLE 11. SURVIVAL: All oblige/ions adsing pdor to the termination of this Agreement and all provisions of this Agreement allocating the responsibility or liability between CLIENT and STE shall suave the completion of the services and the termination of this Agreement. ARTICLE t2. INTEGRATION: This Agreement and the documents attached hereto and which are incorporated herein constitute the entire agreement between the parties and cannot be changed or amended except by a written instrument signed by all parties hereto. ARTICLE 13. GOVERNING LAW AND VENUE: This Agreement shall be governed in all respects by the laws of the State of Texas. Each of the parties hereto shall only enforce a claim adsing out of this Agreement in the appropriate state or federal court having subject and personal jurisdiction located in Dallas, Texas. For purposes of any action or proceeding instituted with respect to any such claim, all of the parties hereto irrevocably submit to the jurisdiction of such courts and irrevocably consent to service of process out of such courts by mailing a copy of the summons and complaint, by certified mail, return receipt requested, postage prepaid to each party at the address provided for such party in this Agreement. ARTICLE '14. INDEPENDENT CONTRACTOR: In performing services under this Agreement, STE shall operate as, and have the status of, an independent contractor and shall not act as or be an employee of the CLIENT. ARTICLE 15. NOTICE: Notices shall be sufficiently given if either physically delivered or sent by certified mail, postage prepaid, to each of the parties at the address noted for such party in the introductory paragraph of this Agreement, or such other address as shall be furnished in writing by either party. STANTECH ENGINEERING COMPANY AGREEMENT FOR SERVICES Project: Construction Materials Testing for Coppell Road Paving and Drainage Improvements Client: CIty of Coppell Project Location (site): Coppell Road from Sandy Lake Road to Hwy. 121; Coppe!l, Texas Client Project Number: $TE Project Number: To be assigned Owner (If differant from Client) Date: October 7, 1999 Owner Project Number This contract Is by and between: Mall Invoices to: City of Coppell 255 Parkway Boulevard Post Office Box 478 Coppell, Texas 75019-4409 (the "CLIENT'') and StanTech Engineering Company 9200 King Arthur Dr. Dallas, Texas 75247 CSTE") EIN: 75-2330818 City of Coppall 255 Parkway Boulevard Post Office Box 478 Coppall, Texas 75019-4409 Addres~ Project Correspondence to Client Reprasentetlve: Kenneth M. Gdffin, P.E. Authorized STE Project Representative: Kenneth J. Johansen, P.E., Senior Engineer CLIENT hereby engages STE to provide the services sat futh in PART I, at the project described herein ("Projed"). 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) Construction Materials Testing for the subject projed for the Scope of Sen/ices presented in StanTech Proposal No. 00170 "Construction Materials Testing Proposal For Coppell Road Paving and Drainage Improvements - Coppetl, Texas, dated October 7,1999. 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. 0070, dated October 7, 1999. The CLIENT agrees to 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 parcent per annum and the costs of collection, including reasonable attorneys' fees. If 1.5 percent per month exceeds the mindmum allowed by law, the service charge d 1.5 percent will automatically be reduced to the maximum lagally 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 wdting giving the reasons for such objections within 14 days of receip{ by the CLIENT of such invoice. If the Project is terminated in whole or in part. then STE shall be paid by the CLIENT for all services performed prior to STE's receipt of written notice of such termination, including STE's reimbursable expenses, and STE's actual and reasonable shut-down costs. Discloaura of Hazardous and Toxic Material and Conditions at the Project. (check one) CLIENT is not aware of any h~ardous wastea or substances, toxic materials or conditions or petrdeum products ("Hazardous Materials") existing at the site of the Projed, EXCEPT (elect that which is applicable) [] None [] Patroleum Fuels Only [] Those Items Described(attach "E,~hibit II1" if more space is required): CLIENT Signature Name Title Date Signature Nane P,E. Title Senior Engineer /0- STANTECH ENGINEERING COMPANY STANDARD TERMS AND CONDITIONS StanTech Engineering Company, herein "STE", as an independent consultant, agrees to provide to the "CLIENT' the services described in the Scope of Work pursuant to the tollowing Standard Terms and Conditions which constitute a part of this Agreement: ARTICLE 1. SERVICES BY STE: a. STE will perform the services to be provided by STE pursuant to this Agreement in accordance with generally accepted engineering principles and practices of performance by professionals of ordinan] skill existing at the time of performance under similar conditions for the locality where the services are to be performed. STE will reperform any of its agreed seMces not meeting this standard without additional compensation. The CLIENT hereby acknowledges that the Project involves certain inherent risk factors (such as limitations on laboratory analytical methods, variations in subsurface conditions and the like) which may adversely affect the results of the Project, even though the services are performed with such care and skill. 'rillS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED. The Scope of Work cannot be changed, altered or amended, e,,~cept by written agreement signed by STE. b. STEs personnel may be present, either full or part lime, to provide observation and field testing of specific parts of the Project in accordance with the Scope of Work set out herein. Should a contractor be involved in the Project, STE's work does not include supervision or direction of the work of the contractor, its employees or agents, and the presence of STE's field representatives and any observation or testing by STE will not excuse the contractor in any way for the acts or omissions of the contractor. It is agreed that STE will not be responsible for job or safety on the Project, STE will not assume control of or responsibility for the Project, STE will not undertake the responsibility for reporting to any public agencies any condiItons on the Project except in those instances where STE is required by law to so notify governmental agencies of potential dangers or contamination. The CLIENT agrees to notify the appropriate federad, stale or local public agencies as required by law and disclose, in a timely manner, any information that may be necessary to prevent any danger to health, safety or the environment or as may be otherwise necessary concerning the Project. c. Field test or boring locations described in STE's report or shown on sketches are baseq on information furnished by others or estimates made in the field by STE personnel. Such dimensions, depths or elevations are approximations and are not warranted to be exact. d. STE will maintain during the performance of the services by it under this Agreement, if reasonably available, (i) statutory Workers' Compensation liability coverage and (ii) Comprehensive General Liability insurance coverage in policy amounts of not less than One Million Dollars ($1,000,000.00). ARTICLE 2. THE CLIENT'S RESPONSIBILITIES: a. CUENT has obtained access and right of entry to the Project and hereby grants free access and right of entry to the Project to STE, its agents, staff, consultants and contractors or sum, for the purpose of performing all acts, studies and research, including without limitation the obtaining of samples and the performance of tests and evaluations, pursuant to the Scope of Work. b. CLIENT represents that CLIENT possesses all necessary permits and licenses required for the performance of the services to be provided by STE under this Agreement and for the continuation of CLIENT and STE'S activities at the Project. c. CLIENT will furnish or cause to be furnished such reports, data, studies. plans, specifications, documents and other information deemed necessary by STE for the proper performance of STEs services pursuant to this Agreement. STE may rely upon documents provided by the CLIENT in performing the services required under this Agreement; however, CLIENT-provided documents will remain the property of the CLIENT. All documents, including, but not limited to, drawings, specifications, reports, Poring legs, field notes, laporatory test data, calculations and estimates prepared by STE as part of the sen~ce. pursuant to this Agreement, will remain STE's exclusive property. CLIENT agrees that all documents of any nature fumished to CLIENT or CLIEN'I's agents or designees, if not paid for, will be returned upon demand and will not be used by CLIENT for any purpose whatsoever. CLIENT further agrees that under no drcumstances will any documents produced by STE pursuant to this Agreement be used at any location or for any project not expressly provided for in this Agreement without STE's prior written consent. 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 part of any document STE delivers to CLIENT shall be reproduced or distributed, whether for advertising or any other purpose, without STE's written consent. d. The CLENT grants to STE a lien on the Project for the cost of all sen,~ces. expenses and attorney fees provided herein. which lien may be enforced in accordance with the provisions governing mechanic's and matedalmen's liens. e. CLIENT is responsible for accurately delineating the locations of all subterranean conditions, including utilities. STE will take reasonable precautions to avoid known subterranean conditions which are dangerous. f. CLIENT agrees to provide STE with continuing information as it becomes available to the CLIENT of any hazardous conditions or petroleum products on or under the Project. ARTICLE 3. SAMPLES: a. At Client's written request, STE will maintain non-hazardous presentable test samples and specimens or the residue therefrom for 30 days after the report date free of storage charges. Upon written requesf~ STE will retain test spedmens Or samples for a mutually acceptable storage pednd and charge; at which time STE at its sole option may return 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 ~rfter the initial 30 days. b. In the event that samples contain substances or constituents that may be considered hazardous or detrimental to health, safety, or the environment as defined by federal, state or local laws, rules, regulations, or ordinances, STE will after completion of testing and at CLIENT's expense (i) return such samples to CLIENT, or (ii) at the Client's written request and using a manifest signed by the CLIENT as generator, the CLIENT may arrange with a transporter fOr transPort for disposal or treatment of such samples to a location selected by the CLIENT. c. CLIENT agrees to pay all costs plus a reasonable handling charge associated with the storage, transport and disposal of samples. The CLIENT recognizes and agrees that STE does not own or assume title to such samples. All such samples are considered owned and possessed by the CLIENT. ARTICLE 4. PUBLIC LIABILITY: In the event any third party bdngs suit Or has a claim for bodily or personal injury, death, property damage, claims, losses, expenses or damages of any kind or description arising out of or in any way related to the Project or the Agreement, the CLIENT and/or STE will each defend its respective interests, shareholders, directors, officers, employees and contractors and pay its own costs of litigation. ARTICLE 5. 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 adsing out of or retated to the Project or this Agreement shall not exceed $50,000 or the amount of the Fee received by STE under this Agreement, whichever is greater. The limitation may be raised if CLIENT agrees to a surcharge equal to 4% of the Fee as set forth in Exhibit "11". ARTICLE 6. ENVIRONMENTAL LIABILITY: It is understood that STE is not now and will not become under the terms, conditions or performance of this Agreement a handler, generator, operator, treatif, storer, transporter or disposer (collectively "Disposer'~ under any federal, 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 Compensation and Liability Act, each as amended (collectively "Environmental Laws") and the CLIENT agrees to ridend, hold harmless and indemnify S'rE and its officers, directors, employees and shareholders from and against STE's exposure to undisclosed Hazardous Materials, and any and all claims, liabilities, losses, damages, causes of action, penalties, fines, costs and expenses including but not limited to attorney fees (collectively 'Claims') resulting from or in connection with CLIENYS violation of any terms, conditions and provisions of this Agreement, CLIENT'S presence at or actions in connection with the Project, the CLIENT'S or any other party'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 limited to reports, recommendations and data without the prior written consent of the non-assigning par'b/, 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 terminated by either per'b] on written notice to the other party. If this Agreement is terminated, STE will be paid in full for all services performed through the termination date, in addition to STE's reasonable shut-down costs. ARTICLE 9. FORCE MAJEURE: STE is not responsible for damages or delay in performance caused by acts of God, stdkes, lockouts, accidents or other events beyond the reasonable control of S'rE. ARTICLE t0. NO THIRD PARTY BENEFICIARIES: This Agreement gives no dghts or bene~ts to anyone other than the CLIENT and STE and this Agreement has no third party beneficiaries. ARTICLE 11. SURVIVAL: All obligations adsing prior to the termination of this ,~,~reement and all provisions of this Agreement allocating the responsibility or liability between CLIENT and STE shall survive the completion of the sentices and the termination of this Agreement. ARTICLE 12. INTEGRATION: This Agreement and the documents attached hereto and which are incorporated herein constitute the entire agreement between the parties and cannot be changed or amended except by a written instrument signed by all parties hereto. ARTICLE 13. GOVERNING LAW AND VENUE: This Agreement shall be governed in all respects by the laws of the State of Texas. Each of the partjes hereto shall only enforce a claim adsing out of this Agreement in the apprepdate state or federal court having subject and personal jurisdiction located in Dallas, Texas. For purposes of any action or proceeding instituted with respect to any such dam, all of the paffies hareto irrevocably submit to the jurisdiction of such courts and irrevocably consent to service of process out of such courts by mailing a copy of the summons and complaint, by certified mail, return receipt requested, postage prepaid to each party at the address provided for such party in this Agreement. ARTICLE 14. INDEPENDENT CONTRACTOR: In performing services under this Agreement, STE shall operate as, and have the status of, an independent contractor and shall not act as or be an employee of the CLIENT. ARTICLE t5. NOTICE: Notices shall be sufficiently given if either physically delivered or sent by certiIfed mail, postage prepaid, to each of the parties at the address noted for such party in the introductory paragraph of this Agreement, or such other address as shall be furnished in wdting by either party. Principal Engineer ................................... $125.00 Senior Engineer ...................................... 100.00 Project Manager ...................................... 90.00 Project Engineer/Scientist ............................. 80.00 Staff Engineer/Scientist ............................... 70.00 Senior Engineering Technician ........................... 55.00 Certified Engineering Technician ......................... 36.00 Engineering Technician ................................. 34.00 CADD Technician ...................................... 50.00 Secretary ........................................... 40.00 Foqtnote: Travel time will be charged at regular hourly ratee. Overtime will be charged at the rate of 1,5 firdee the regular hourly rate for hour~ worked over ~ight (8) houre on Monday through Friday, houn3 worked before 6:00 a.m. and after 6:00 p.m., and all houre worked on Saturdaye. Senqce~ performed on Sunday~ and holiday~ will be billed at 2.0 timee the regular hourly rate. Charge~ will be 1.5 time~ the regular hourly rate with daily minimurde of 4 and 8 hour~ for depoeitione and court teetimony, respectively. Repoyc Certification, each ............................. $35.00 Outside Services ................................... Cost x 1.15 Travel, Subsistence ................................ Cost x 1.15 Printing, Courier, Postage ........................... Cost x 1.15 Default per diem ...................................... 75.00 Communications Mark-Up Out-of-Town Jobs and/or Clients ..... 2% Color Copies, per page ................................... 1.50 Copies, per page ........................................ 0.15 Fax, per page ........................................... 1.00 Photographs, 3x5 or 4x6, each ........................... 1.00 Pickup Truck - Jobsite, per hour .......................... 4.00 Car or Light Truck, per mile .............................. 0.45 Surveying Instruments, per ~lay ......................... 25.00 Sample Pick-Up Charge (DFW Area) ...................... 25.00 Minimum Trip Charge (DFW Area) ........................ 85.00 Bit Wear for Coring, per inch ............................. 3.00 Core Hole Patch, per each ............................... 12.50 Coring Equipment, per day .............................. 50.00 Floor Flatness (Dipstick), per hr .......................... 10.00 Portable Generator, per day ............................ 25.00 Nuclear Density Gauge, per hour ......................... 5.00 LANDTEC GA-90 Gas Meter, per day .................... 75.00 -: GEO-T,E:~NiC~E::F.IEL!D EXF'LORA:TiON Drilling without Soil Sampling, 0 - 50 ft.., per foot .......... $6.00 Drilling without Soil Sampling, below 50 ft., per foot ......... 8.00 Drilling with Soil Samples, 0 - 50 ft., per foot .............. 9.00 Drilling with Soil Samples, below 50 ft., per foot ............ 10.50 NX-Size Carbide Bit Rock Coring, 0 - 50 ft., per foot ........ 15.00 NX-Size Carbide Bit Rock Coring, below 50 ft., per foot ...... 18.00 NX-Size Diamond Bit Rock Coring, 0 - 50 ft., per foot ....... 16.50 NX-Size Diamond Bit Rock Coring, below 50, per foot ........ 19.00 Mobilization, per mile .................................. 2.00 Drill Rig and Crew of 2, per hour ....................... 105.00 Footnote: Drilling pricee lieted are for coltll~arleon FurFo~e~ only. Specific Froject pricing will be quoted on request. Atterberg Limits .................................... $45.00 Minus 200-Mesh Sieve ............................... 25.00 Grain Size Analysis .................................. 45.00 Hydrometer Analysis ................................. 80.00 Classification of Soils, per sample ...................... 25.00 Unit Weight and Moisture Content ....................... 12.00 Specific Gravity of Clay ............................... 40.00 Moisture Content ..................................... 4.00 Pockeb Penetrometer Test ............................. 3.00 Unconfined Compressive Strength (Q,) .................. 30.00 O~ with Stress/Strain Graph .......................... 55.00 Triaxial Compression ................................ per quote Direct Shear ...................................... per quote Permeability (EM 1110-2-1906) ......................... 120.00 Permeability (ASTM D 5084) .......................... 175.00 Consolidation ..................................... per quote Free-Swell (% swell under applied load) .................. 60.00 Pressure-Swell (up to 9 tsf) .......................... 100.00 Reinsiding Samples, per sample ........................ 35.00 Sample Trimming and Preparation, as required, per sample . 36.00 Bar Linear Shrinkage Test, per each .................... 20.00 Sample Preparation for Bar L.S. Test .................... 10.00 Standard Proctor Compaction Test ..................... 125.00 Modified Proctor Compaction Test ..................... 140.00 Tex-113-E Compaction Test ........................... 225.00 Tex-114-E Compaction Ratio Test ...................... 350.00 Relative Density Test ................................ 100.00 Field Density by Nuclear Method, (6 minimum) ............ 25.00 Field Density by Nuclear Method,(with labor charges), each .. 15.00 pH/Lime Series Test ................................. 100.00 Atterberg/Lime Series Test .......................... 180.00 .::92(::)O:l~!N:e, ARTHUle,:DF-,~ DALLAS, TX 75247-3010 TEL [214] 051-4372 FAX [2!4] 81 - Minus 200-Mesh Sieve ............................... $25.00 Grain Size Analysis (Dry Method) ....................... 25.00 5-Cycle Sulfate Soundness ............................. 175.00 Additional Cycles, each .............................. 30.00 Soft Particles ........................................ 30.00 Fractured Faces ...................................... 25.00 Angular Particles ..................................... 25.00 Sand Equivalent ...................................... 65.00 Organic Impurities (Colormetric) ......................... 20.00 Specific Gravity ...................................... 25.00 Absorption ........................................... 20.00 Dry Roddeal Unit Weight ................................ 20.00 Moisture Content ...................................... 5.00 Los Angeles Abrasion ................................. 150.00 Sample Preparation ................................. 60.00 Wet Ball Mill ......................................... 150.00 Sample Preparation ................................. 60.00 Acid Insoluble Residue ................................. 45.00 Loss on Ignition ....................................... 30.00 Compressire Strength Cylinder .......................... $13.00 Flexural Strength Beam ................................ 20.00 Splitting Tensile Strength .............................. 40.00 Modulus of Elasticity .................................. 40.00 Core Length Determination .............................. 10.00 Core Compressive Strength .............................. 18.00 End Prep. per inch of alia. (if needed) ...................... 2.50 Mix Design (incl. aggregate test) ....................... 165.00 Additional Mix Design, with same aggregates ............. 100.00 WatedCement Ratio Design ........................... 500.00 Review of Mix Design ................................. $125.00 Fineness by Air Permeability Apparatus ................... 70.00 Air Content of Hydraulic Cement Mortar .................. 35.00 Time of Setting of Hydraulic Cement ..................... 50.00 Autoclave Expansion of Portland Cement ................. 125.00 Normal Consistency of Hydraulic Cement ................. 35.00 Specific Gravity of Cement or Pozzolan ................... 35.00 Fineness by No. 325 Sieve .............................. 40,00 Early Stiffening of Portland Cement ...................... 35.00 Water Retention of Masonry Cement ..................... 65.00 Moisture Content of Fly Ash ............................ 5.00 Loss on Ignition of Fly Ash ............................. 20.00 Pozzolanic Activity of Portland Cement ................. 150.00 Pozzolanic Activity of Hydrated Lime .................... 90.00 Mortar Bar Drying Shrinkage lncr ...................... 165.00 Extraction & Gradation ............................. per quote Laboratory Density & Stability (3) .................... per quote Core Density ...................................... per quote Max. Theoretical Specific Gravity ..................... per quote Hot-Mixed Asphaltic Concrete Mix Design .............. per quote Additional Mix Design with Same Aggregates ........... per quote Batching, Mixing & Casting of Mortar Cubes, set of three . $60.00 Cube Compresslye Strength ............................ 13.00 Grout Cyl. Compressive Strength ........................ 13.00 Masonry Unit Compressire. Strength .................... 30.00 Masonry Prism Compresslye Strength .................. 100.00 lnfrared Inspection, per square foot 10,000-40,000 SF ............................... $0.040 40,000-80,000 SF ............................... 0.035 Over 80,000 SF .................................. 0.030 Minimum Trip Charge .............................. 450.00 12" x 12" Test Cut Analysis 1-3 Samples, each ................................ 275.00 4~10 Samples, each ............................... 250.00 Over 10 Samples, each ............................ 225.00 4" x 40" Test Cut Analysis 1-3 Samples, each ................................ 225.00 4-10 Samples, each ............................... 200.00 Over 10 Samples, each ............................. 175.00 Invoices are due and payable upon receipt and are past due 30 days from invoice date. A finance charge of 1.5 percent per month, or the maximum allowable by law, will be charged on past due accounts. StanTech Engineering Co. makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with the prevailing standard of ca re, 9200!ir,!NO AIe,:I'HU~ DI~.. DALLAS, TX 75247-5610 TEL [214:] 631-4572 FAX [214] 651-43a0