Loading...
WA9901-CN030630Rone Engineers MONITOR WELL INSTALLATION June 30, 2003 ENVIRONMENTAL DRILLING Ms. Suzan Taylor GEOTECHNICAL DRILLING City of Coppell GEOTECHNICAL ENGINEERING P.O. Box 478 • GEOLOGICAL STUDIES '. f Coppell, Texas 75019 . DISTRESS INVESTIGATIONS Page I of 2 PAVEMENT DESIGN Reference: Meadowcreek/Rolling Hills 8" Water Line • ADVANCED GEOTECHNICAL TESTING Coppell, . FOUNDATION RECOMMENDATIONS 1T. texas 1 Proposal No. 03-4942 . CONSTRUCTION MONITORING Dear Ms. Taylo COMPLIANCE TESTING Rone Engineers, Ltd. understands that we have been selected based solely on our CONSTRUCTION MATERIALS TESTING OBSERVATION qualifications, and that the City of Coppell is currently negotiating scope and fees with CONSTRUCTION CONCRETE TESTING only Rone Engineers, Ltd. at this time for the quality control for the above referenced ASPHALT TESTING project. For the purpose of this proposal we have estimated quantities and tests that will be SOILS TESTING required in accordance with the Plans only. This is only an estimate for budgetary PIER INSPECTION purposes. The actual costs for Construction Materials Engineering and Testing services . POST TENSION INSPECTION can decrease or increase with changes in the scope of work or with the contractor's - NON - DESTRUCTIVE TESTING work method. . STRUCTURAL STEEL INSPECTION ' Rone Engineers fees will be based on the actual amount of technician time and laboratory SPECIAL TESTING testing utilized by the project and performed on a unit price basis in accordance with the DRILLING SERVICES attached Schedule of Services and Fees. MONITOR WELL INSTALLATION B execution of this Proposal, the undersigned Client acknowledges and agrees that the ENVIRONMENTAL DRILLING document entitled " Terms and Conditions has been provided or made available to Client GEOTECHNICAL DRILLING and Client agrees that such Terms and Conditions shall be applied to the present Proposal TELEPHONE 817 -284 -1318 and shall be fully binding upon Client. The Terms and Conditions are fully incorporated into ENVIRONMENTAL CONSULTING this proposal by reference as if set forth at length. ENGINEERING Page I of 2 „ REMEDIATION Rone Engineers meets the requirements of ASTM E 329 and is an active participant in the RISK ASSESSMENT CCRL and the AASHTO proficiency sample programs. Rone Engineers has experienced REGULATORY COMPLIANCE personnel to perform the necessary Construction Materials Engineering and Testing in LEGAL SUPPORT accordance with the project specifications. COMPLIANCE TESTING We aportunity to submit this proposal for Construction Materials a the opp T ENVIRONMENTAL SITE ASSESSMENT CONSULTING Engineering and Testing for the above noted project and look forward to working with you ASBESTOS 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, RONE EN EERS, LTD. DALLAS 8908 AMBASSADOR ROW JO . Moody DALLAS, TEXAS 75247 C T Project Manager TELEPHONE 214 - 630 -9745 FACSIMILE 214 - 630 -9819 Const�ic�tlon Material$ E ngineering and Testing FORT WORTH / 2696 GRAVEL DRIVE iJ ICe n Jay Canafax FORT WORTH, TEXAS 76118 CMT Operations Manager TELEPHONE 817 -284 -1318 Construction Materials Engineering and Testing METRO 817- 429 -4326 FACSIMILE 817- 284 -1585 Page I of 2 June 30, 2003 Proposal No. 03 -4942 RONE ENGINEERS, LTD. Construction Materials Engineering and Testing Basic Services and Cost Estimate Project: Meadowcreek/Rolling Hills 8" Water Line DESCRIPTION Estimated Unit Estimated Quantity Rate Total EARTHWORK Moisture Density Relationship ASTM D -698 (each) 3.0 $130.00 $390.00 Atterberg Limits (each) 3.0 $40.00 $120.00 Engineering Technician (hourly) 48.0 $27.50 $1,320.00 In Place Density Test (each) 180.0 $13.00 $2,340.00 Transportation Charge (trip) 24.0 $13.00 $312.00 Engineering & Report Review (hourly) 9.8 $55.00 $539.00 Assumptions: I density test for every 150 lineal feet of trench backfill per lift. K�7►[�f7�_�lry Concrete Inspection (hourly) 30.0 $27.50 $825.00 Concrete Test Cylinders (each) 60.0 $13.00 $780.00 Transportation Charge (trip) 15.0 $13.00 $195.00 Engineering & Report Review (hourly) 4.5 $55.00 $247.50 Assumptions: I set of 4 concrete test cylinders per visit. 1.8 $55.00 $99.00 Concrete Inspection time is based on delivery of concrete at 50 yards per hour. ASPHALT Engineering Technician (hourly) 12.0 $29.50 $354.00 Extraction and Gradation (each) 3.0 $155.00 $465.00 Maximum Theoretical Specific Gravity (each) 3.0 $66.00 $198.00 Transportation Charge (trip) 6.0 $13.00 $78.00 Engineering & Report Review (hourly) 1.8 $55.00 $99.00 ESTIMATED BUDGET $8,262.50 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. City of Coppell / Proposal No. 03 -4942 By: T Position: I nq Cr�� Q yFY Date: 'c .� J Page 2 of 2 TERMS AND CONDITIONS SECTION 1: PARTIES AND SCOPE OF WORK: LEI Rone Engineers, Ltd. (hereinafter referred to as "Rone ") shall include said company or its particular division, subsidiary or affiliate performing the work. "Work" (whether such term is capitalized or not) means the specific geotechrical, analytical, testing or other service to be performed by Rone as set forth in Rene's proposal, Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these General Conditions. 'Client" refers to the person or business entity ordering the work to be done by Rone. If Client is ordering the work on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's Intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rene's work. Rone shall have no duty or obligation to any third party. The ordering of work from Rone, or the reliance on any of Rene's work, shall constitute acceptance of the terms of Rene's proposal and these General Conditions, regardless of the terms of any subsequently issued document. If unexpected site conditions are discovered, the scope of work may change even as the work is in progress. Rone will provide these additional services at the contract fee schedule rate. Initiation of services by Rone pursuant to this proposal will incorporate these terms and conditions. Rene's duties and obligations for any Work performed is to Client only. If Client chooses to charge any third party via backcharge, deductive change order, etc. for any work performed hereunder, Client is solely responsible for assessing such charges against said third parties. Rone assumes no duty or obligation to pursue such charges against any third party other than Client and Client remains solely responsible to Rone, regardless of the reimbursable or non - reimbursable status of the charges. SECTION 2: ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rone to perform the work. Rone shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment; however, Rone has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires Rone to restore the site to its former condition, upon written request Rone will perform such additional work as is necessary to do so and Client agrees to pay to Rone for the cost. SECTION 3: TEST AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by Rone or others to be timely and properly performed in accordance with the plans, specifications and contract documents and Rene's recommendations. Retests, cancellations and stand -by time are considered outside the scope of work and an extra to the contract. Retests, cancellations and stand -by time will be billed to the Client on a time and material basis at Rene's standard fee schedule for the project. No claims for loss, damage or injury shall be brought against Rone by Client or any third party unless all tests and inspections have been so performed and unless - Rene's recommendations have been followed. Client agrees to indemnify, defend and hold Rone, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or Rene's recommendations are not so followed except to the extent that such failure is the result of the gross negligence, willful or wanton act or omission of Rone, its officers, agents or employees, subject to the limitation contained in paragraph 9. SECTION 4: CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rone of any known or suspected hazardous materials, utility lines and pollutants at any site at which Rone is to do work hereunder, and unless Rone has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save Rone harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to Rene's performance of its work and resulting to or caused by contact with subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to Rone by Client. SECTION 5: RESPONSIBILITY: Rene's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. Rone shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. Rene's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Rone has no right or duty to stop the contractor's work. SECTION 6: SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days after submission of Rene's report. SECTION 7: PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay Rene's cost of collection of all amounts due and unpaid after sixty (50) days, including court costs and attorney's fees. Rone shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein Rone waives any rights to a mechanics' lien, or any provision conditioning Rone's right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice, where required, that Pone shall file a lien whenever necessary to collect past due amounts. Client agrees to provide Rone, upon request, of all information necessary for Rone to file its lien, including, but not limited to, a legal description of the property upon which the work was performed. Failure to make payment within 30 days of invoice shall constitute a release of Rone from any and all claims which Client may have, whether in tort, contract or otherwise, and whether known or unknown at the time. SECTION 8: WARRANTY: RONE'S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT'S ACCEPTANCE THEREOF, THESE GENERAL CONDITIONS, AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, RONE WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED. STATEMENTS MADE IN RONE REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD RONE OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RONE'S WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RONE, IT'S OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RONE FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT RONE'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST FROM CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF RONE'S LIABILITY TO $250,000.00 BY AGREEING TO PAY RONE A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR RONE'S SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY RONE IN CONNECTON WITH ANY CLAIM SHALL REDUCE THE Terms and Conditions Caled June 25, 2003 Page 1 of 2 AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. CLIENT WAIVES ANY AND ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES AGAINST RONE ARISING OUT OF OR RELATING TO THIS CONTRACT. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT AGAINST RONE, ARISING FROM OR RELATED TO RONE'S WORK, MORE THAN TWO YEARS AFTER THE CESSATION OF RONE'S WORK HEREUNDER. SECTION 9: HAZARDOUS MATERIALS INDEMNITY: The Client acknowledges that Rone has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substances or conditions at the site. Accordingly, except as expressly provided in this contract, the Client waives any claim against Rone and agrees to indemnify and save Rone, its agents, and employees harmless from any claim, liability or defense cost, including but not limited to attorney fees and other incidental costs, for injury or loss sustained by any party from such exposures allegedly arising out of or related to Rone's performance of services hereunder. SECTION 10: TERMINATION: This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Rone shall be paid for services performed to the termination notice date plus reasonable termination expenses. Expenses of termination or suspension shall include all direct costs of Rone required to complete analyses and records necessary to complete its files and may also include a report on the services performed to the date of notice of termination or suspension. SECTION 11: HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rone to assume the status of an owner, operator, generator, storer, transporter, creator, or disposal facility as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants. It shall be the duty of the owner, the client, or their representative to advise Rone of any known or suspected hazardous substances which are or may be related to the services provided; such hazardous substances include but are not limited to products, materials, by- products, wastes or samples of the foregoing which Rone may be provided or obtain performing its services or which hazardous substances exist or may exist on or near any premises upon which work is to be performed by Rone employees, agents or subcontractors. If Rone observes or suspects the existence of unanticipated hazardous materials during the course of providing services, Rone may at its option terminate further work on the project and notify Client of the condition. Services will be resumed only after a renegotiation of scope of services and fees. Rone does not create, generate or at any time own or take possession or ownership of or arrange for transport, disposal or treatment of hazardous materials as a result of its exploration services. SECTION 12: PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. SECTION 13: ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. SECTION 14: OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by Rone as instruments of service, shall remain the property of Rone unless there are other contractual agreements. SECTION 15: ASSIGNS: Client may not delegate, assign, subcontract or transfer its duties or interest in this agreement without the written - consent of Rone. SECTION 16: INDEMNIFICATION: To the fullest extent permitted by applicable law, Client expressly agrees to defend (at Client's expense and with counsel acceptable to Rone), indemnify, and save and hold harmless Pone and all of its officers, directors, shareholders, employees, agents, successors, and assigns, from and against any and all claims, suits, losses, causes of action, damages, liabilities, and expenses of any kind whatsoever, including without limitation, all expenses of litigation and arbitration, court costs, and attorney's fees, arising on account of or in connection with injuries to or the death of any person whomsoever, claims for damages from any third party, or any and all damages to property (including the loss of use thereof), regardless of possession or ownership, which injuries, death or damages arise from, or are in any manner connected with, the Client's property or work being performed on Client's property by persons or entities other than Rone, or are caused in whole or part by reason of the acts or omissions or presence of the person or property of the Client or any of its employees, agents, representatives, subcontractors, or suppliers, INCLUDING, WITHOUT LIMITATION, INJURIES, DEATH, OR DAMAGES WHICH ARISE FROM OR IN CONNECTION WITH, OR ARE CAUSED BY, ANY ACT, ERROR, OMISSION, OR NEGLIGENCE OF RONE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CLIENTS, OR SUPPLIERS; BUT EXCLUDING INJURIES, DEATH, OR DAMAGES CAUSED BY THE SOLE NEGLIGENCE OR WANTON AND WILLFUL MISCONDUCT OF RONE. The indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Client under worker's or workman's compensation acts, disability benefit acts or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the Client or of any third party to whom Client may subcontract any work. SECTION 17: COSTS AND TENDERING OF INDEMNIFICATION DEFENSE: The indemnities agreed to by Client herein expressly include all costs of litigation, attorney's fees, settlement costs and reasonable expenses in connection with the litigation or arbitration whether or not the claims made for loss, injury, damage or property damage are valid or groundless, and regardless of whether the defense of Rone is maintained by Rone or assumed by Client. Rone in its sole discretion and at its sole option may defend any or all of the indemnified claims or tender to Client the defense of any or all of the indemnified claims. Upon such tender by Rone to Client, Client shall be bound and obligated to assume the defense of Rone in the indemnified claims, including the settlement negotiations, and shall pay, liquidate, discharge and satisfy any and all settlements, judgments, awards or expenses resulting from or arising out of the indemnified claims without reimbursement from Rone. It is understood and agreed by Client that if Rone lenders the defense of an indemnified claim to Client and Client fails or neglects to assume the defense thereof, Rone may compromise and settle or defend any such suit or action, and Client shall be bound and obligated to reimburse Rone for the amount expended by it in settling or compromising any such claim, or in the amount expended by Rone in paying any judgment rendered therein, together with all reasonable attorneys' fees and cost of litigation incurred by Rone by reason of its defense, settlement or compromise of such indemnified claims. SECTION 18: COLLECTION OF AMOUNTS OWED TO RONE: In the event that Client awes any amount to Rone, whether under this Agreement or otherwise, Client agrees to Rone's employment of whatever collection methods it deems reasonable and expedient, including but not limited to garnishment (pre and post judgment), sequestration, attachment or any other legal method. Client agrees to waive any and all bond requirements associated therewith. Client agrees to pay all costs of collection. SECTION 19: NOTICE: All notices required under this Subcontract Agreement shall be sent via certified mail return receipt requested to the address set forth in the proposal, via facsimile number listed on the proposal or via hand delivery to the office set forth on the proposal. Verbal notification to Rone will not satisfy the notice requirements herein. To the extent any notice provision of these General Conditions violates applicable law in that it is too strict or restrictive, the provision shall be automatically modified to the standards mandated by the applicable law and shall not be void. Terms and Conditions Dated June 25, 2003 Page