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ST0102-CN021111Rone neers GEOTECHNICAL ENGINEERING GEOLOGICAL STUDIES DISTRESS INVESTIGATIONS PAVEMENT DESIGN ADVANCED GEOTECHN]CAL TESTING FOUNDATION RECOMMENDATIONS CONSTRUCTION MONITORING CONSTRUCTION MATERIALS TESTING · CONSTRUCTION OBSERVATION · CONCRETE TESTING · ASPHALT TESTING SOILS TESTING PIER INSPECTION POST TENSION INSPECTION NON-DESTRUCTIVE TESTING STRUCTURAL STEEL INSPECTION SPECIAL TESTING DRILLING SERVICES · MONITOR WELL INSTALLATION · ENVIRONMENTAL DRILLING · GEOTECHNICAL DRILLING ~ORTWORTH 2696 GRAVEL DRIVE FORT WORTH, TEXAS 76118 October 28, 2002 REVISED November 11, 2002 Ms. Suzan C. Taylor City of Coppell P.O. Box 478 Coppell, Texas 75019 Reference: Ruby Road, ST 01-02 Coppell, Texas Proposal No. 02-4202 Dear Ms. Taylor, Rone Engineers, Inc. understands that we have been selected based solely on our qualifications, and that the 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. For the purpose of this proposal we have estimated quantities and tests that will be required based on information provided by others. This is only an estimate for budgetary purposes. The actual costs for Construction Materials Engineering and Testing services can decrease or increase with changes in the scope of work or with the contractor's work method. Rone Engineers fees will be based on the actual amount of technician time and laboratory testing utilized by the project and performed on a unit price basis in accordance with the attached Schedule of Services and Fees and Rone Engineers' Terms for Construction 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, CMT Operation~ gineering and Testing Construction Materials Engineering and Testing October 28, 2002 REVISED November 11, 2002 Proposal No. 024202 Project: RONE ENGINEERS, INC. Construction Materials Engineering and Testing Basic Services and Cost Estimate Ruby Road, ST 01-02 DESCRIPTION Estimated Unit Estimated Quantity Rate Total EARTHWORK Moisture Density Relationship ASTM D-698 (each) Atterberg Limits (each) Engineering Technician (hourly) In Place Density Test (each) Lime Pulverization Test (each) Transportation Charge (trip) Engineering & Report Review (hourly) 7.0 $130.00 $910.00 7.0 $40.00 $280.00 72.0 $27.50 $1,980.00 171.0 $13.00 $2,223.00 9.0 $13.00 $117.00 36.0 $13.00 $468.00 15.0 $55.00 $825.00 Assumptions: 1 density test for eve~, 300 lineal feet of roadway fill per 8 inch lift. I density test and ! lime pulverization for every 300 lineal feet of lime stabilized subgrade. I density test for every 300 lineal feet of trench backfill per 8 inch lift. Moisture Density Relationship samples to be obtained as needed. Testing on site and lime stabilization work is based on 3 tests per trip at a minimum of 2 hours per trip. Testing on utility work is based on a minimum of 6 tests per txip at a minimum of 2 hours per trip. CONCRETE Concrete Inspection (hourly) Concrete Test Cylinders (each) Transportation Charge (trip) Engineering & Report Review (hourly) Assumptions: 60.0 $27.50 121.0 $13.00 30.0 $13.00 9.0 $55.00 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. Amount of trip~ to site based on given cylinder totals divided by 4 cylinders per set equals total trips times 2 hours per trip. $1,650.00 $1,573.00 $390.00 $495.00 ASPHALT Engineering Technician (hourly) Extraction and Gradation (each) Transportation Charge (trip) Engineering & Report Review (hourly) 4.0 1.0 1.0 0.4 $29.50 $155.00 $13.00 $55.00 ESTIMATED BUDGET $118.00 $155.00 $13.00 $22.00 $11,219.00 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. TERM~ FOR RONE ENGINEERS, INC. (RONE) SERVICES THE AGREEMENT This a~cemant is ma~ bev,~en RONE and City of Coppdl , hereinafior te fen~d ~o az ~. The AGREEMENT between the p~es consists of tha~ TERMS, the attached propo~l id~tified ~: l'roposai No. 02-4202 October 28, 2002 REVISED November 11, 2002 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 vaitlen or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditicos may va~ from those observed at locations where borings, surveys, or explorations are made, and llmt site conditions may change with lime. Data, interpretations, and recommendations by RONE will be based soley on information available to RONE. RONE is responsible for those data, intm~retations, 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 excercisnd by members of th~ gcotechnical engineering profession practicing contemporenannsly 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 geotechnical 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 wo/k set forth in this · ' RONE will AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted ROBIE free access to the stte. take reasonable precautions to minimize damage to the site, but it is onderstood by CLIENT that, in the normal course of work, some damage may occur and the correction ofsoch damage is not pan of this AGREEMEI, CI' anles~ so specified in the PROPOSAL. CLIENT is responsible for accurately delineating the lecmions of all subtemmean smictures and utilities. RONE will take reasonable precautions to avoid known subtenanean sh-uctoms, and CLIENT waives any claim against RONE arising from damage done to subterranean stmctores and utilities not identified or accurately located. SAMPLE DISPOSAL RONE will retoin samples transported to the geotechnzcal laboratory for tnsUng for a period of ~Y (30) days following submisswn of the report covering thoec samples. Fu~her su~oge or Irens fer of samples can be made at CLII~4T*S expense upon CLIEN'PS prior written ~quest. MONITORING If RONE is retained by CLIENT to provide a site ,~ntafive for the purpose of monitoring specific portions of consmiciion work or other field activities as set forth in the PROPOSAL, then this phtnze applies. For the specified essignment, ROBIE will report obsercatians and professional opinims to CLIENT. No action of RONE or RONE'S site representative can be construed aa altering any AGREEIvIENT between CLIENT and othen. ROBIE will report to CLIEIqT any observed gentechnically-ralated wcek which, in RONE'S professional opinion, dons not conform with plans and specifications. RONE has no right to reject or stop work of any agant of the CT.Ih'NT. Such ~ights a~ rese~ed sole), for CLIENT. Furthermore, RONE'S presence on site does not in any way guarantee the completion or quality of fha perfon.an~co of the ~ of any pei~y retained by CLIENT to provide field or constmction-reiatsd se~vicns. RONE will not be tesponalble for and will not have control or charge of specific means, methods, techniques, sequences or v, c,c,xim'es of construction or c)fl~r field activities selected by any agent or a~-eement or CLIL~IqT, or safety precautions and programs incident thereto. Terms Page 1 of 3 BILLING AND PAYMENT CLIENT will pay RONE in accordance with the prncechu~ indicated in the PROPOSAL and its attachn~nts. Invoices will be anbmiUud to CLIENT by RONE, and will be due and payable u~on p~r'~-otetiot~ If CLIENT objects to all or any poflinn of any invoice, CLIENT will so notify RONE in writing within foum~ (14) calondm' days o f the invoice date, identify the cau~ of di~ulgreemcat, and pay when duc that portion of the invoice not in dispute. In th~ absence of w~itton notification described above, the amount es stated on the invoice will be paid. Invoices am delinquent if payment has not been rec~ved within thirty (30) deya fxom date of invoice. In the event CLIENT fitih to pay Roue within sixty (60) days after invoices are rendezed, Client agrees that Roue will have the right to consider the fifilme to pay RONE'S invoice aa a brcaob of this TERMENATION This AGREEIviEHT may be terminatud by either pa,-ty seven (7) day~ after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substant~.l failure of performance by the other party, or if CLIENT suspend~ the work for more than thee (3) month~. In the event of termination, RONE will be paid for se~ices performed l~ios to the date of termination pins reasonable ton~inafion expenses, including, but not limi~ecl to the cast of completing analyses, i~ds, and reports uecess~ to dooum~t job status at the time of RISK ALLOCATION Many risk~ potentially affect RONE by vil~ue of entering into this AGREEMENT to perform professional engineering services on behalf of CLIENT. The principal risk is the potential for human error by ROBIE. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with RONE'S liability, CIAENT a~ces to limit RONE'S liability to CLIENT and to all other p~iaa for claims arising out of RONE'S performance of the services de~rthed in this AGREEMENT. The ag~egate liability of RONE will not exceed the amount of RONE'S fee for negligent professions] acts, errors, or omissions. Limitations on liability and indemnities in this AGREEMENT are business andemandin~s betwcen the parties vohnmrily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to b~ach of contracct~ warranty, to~ (including negligence), strict o~ statolory liability, or any other cause of action, except for willful misconduct or An)ss ncgiigance. The parties also asrce that CLIENT will not seek dame.s in excess of ~ limitations indirectly through suits with other panics who may join RONE aa a third-party defendant. Parties means CLIENT and RONE and their of~cers, employees, agents, affiliates, and subcon~actol3. Both CLIENT and RONE agree that they will not be liable to each other, under any circumstances, for special, iudirec~, consequential, or punitive damages arising out of or feinted to this AGREEMENT. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous materials may ex/st at a site where there is no reason to believe ~'y could or should be prer;.'nt. RONE and CLIENT apce that the discovery of onantieipa~d hazardous materials comtitotes a changed condition mandating a renegotiation of the scope of work or t~?rmination of s~ices. RONE and CLIENT also agree that the discover/of mmnticip~ed han~mioos m~tefiais may make it nc~aaa~y for ROBIE to take tmmediat~ measures to pro.ct h~th and ~af~. CLI]~~IT agreee to co--to ROBIE for any eq~ipl~-~l dncontnmlnation of other ~ incident to the discovery o f unamieip~ted hn~r4oua materials. RONE agrees to notif~ CLIENT when un~ti¢ip~ted ha~rdous materi~ or suspected hazardous hat.als am encounte~d. CLtENT agrees to make any disclosures ~quired by law to ~he approprla~e governing agencies. CLIENT also ago'es to hold RONE harmless for any and all consequences of disciosu~s made by RONE which are required by governing law. In the event the project site is not owned by CLIENT. CLIENT ~ognizes that it is CLIEN'PS respomlbtlity to mfmm the prope~y owner of the discovery o f uml~tlc'lpaled h~ ~laK'~al~ of suspected hazardons materiels. Notwithstanding any other provision of the AGREEM~qT, CLIENT waives any claim against RONE nrising fr~n RONE'S discovery of unanticipated hl~,~dens matorinh o~ sus~ h-~,qom materials, including but not limited to. any costs created by delay oftbe project nad any cost associated with pa~le Eduction of the psoperty's -ntlue. CLIENT will be respum~le for ultimato disp~al of any samples secu~tl by RONE which am found to be contaminated. This inoiudes any soil or rock cuinngs, and contaminated drilling or v~sh w~ter which is generated as a comesluence of drilling activities. Tm Page2 of 3 DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between RONE and CLI'~NT ar/sing out of or in any way ~lated to this AGRE, E~fENT w/ll be submilted to "alt~a//ve dispme ~olu~on" (ADR) before and ns a condition precedent to other remedie~ provided by law. If nad to the extent CI .I~ql~ mid RONE have aggeed on meghods for resolving such ~sputes. then such methods will be set forth in ~e 'Alternative Dispute Resolutinn Ag~em~t" wh/ch, if attached, is incorporated into and ~mnde a par~ of this AGREEMENT. If no specific ADR procedme is set forth in th/s AGREe, then it shah be understood that the pa~es shall submit disputes to medin~/on as a condition precedent to litigation. Ifa dispute at law arises ~ mauers related to the services prosaded under this AGREEMENT and that dispute t~qm~'s hugaUe~ instead of ADR ss prov/ded above, then: (I) the claim will be brunght and u/ed in Dallas County. (2) the p~evailing party will be muffed to tecover~ of all reasonable costs mcurrc-d, including staffmnc, court costs attorneys fees, and other claim rela~ed expenses. GOVERNING LAW AND SURVIVAL The law of the State of Teyats will govern the validity of these TERMS, their interpretatin~, and pe~i'u~ mance. If any of the provisions contained in this AGREEMENT are held dlegal, mvahd, or unenforceable, the onforconbdlty of the remmnmg pmwstons will not be impaired. Limita6ons of liability and indemnities will sorvlve terminat/on of~his AGREEMENT for any cause. TI~ part/es have read the foregoing, uncle~land completely the terms, and w/llingly enter into this AGREEMENT wh/ch will become effect/ve on the date signed below by CLIENT. City of Coppell RONE ENGIN~RS, INC. Consm~c~iun Mam~ls Engineering and Testing Date: October 28, 2002 REVISED November I I, 2002 Tm Page 3 of 3