SW0001-PR030728ineers
GEOTECHNICAL ENGINEERING
· GEOLOGICAL STUDIES
CONSTRUCTION MATERIALS TESTING
· CONSTRUCT[ON OBSERVAT[ON
· CONCRETE TESTING
· ASPHALT TESTING
DRILL]NG SERVICES
· MONITOR WELLINSTALLATION
· ENVIRONMENIAL DRILLING
ENVIRONMENTALCONSULTING
ENGINEERING
REMEDIATION
FORT WORTH
2696 GRAVEL DRIVE
FORT WORTH, TEXAS 76118
TELEPHONE 817-284-1318
HOUSTON
6300 ROTHWAY~ SU[TE 150
HOUSTON~ TEXAS 77040
TELEPHONE 713-996-9979
FACSIMILE 713-996-9972
July 28, 2003
Ms. Suzan Taylor
City of Coppell, Engineering Department
P.O. Box 478
Coppell, Texas 75019
Reference: Riverchase Elevated Sidewalk
Coppell, Texas
Proposal No. 03-5065
Dear Ms. Taylor,
Rone Engineers, Ltd. 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, Ltd. at this time for the quality control for the above
referenced project. 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.
By execution of this Proposal, the undersigned Client acknowledges and agrees that the
document entitled "Terms and Conditions" has been provided or made available to Client
and Client agrees that such Terms and Conditions shall be applied to the present Proposal
and shall be fully binding upon Client. The Terms and Conditions are fully incorporated into
this proposal by reference as if set forth at length.
Rone Engineers meets the requirements of ASTM 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,
ERS, LTD.
CJVlT Project Manage, r . . .
'~/o/ns~t~n ~~s Engmeenng and Testing
CMT Operations Manager
Construction Materials Engineering and Testing
Page I of 4
July 28, 2003
Proposal No. 03-5065
Project:
RONE ENGINEERS, LTD.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
Riverchase Elevated Sidewalk
DESCRIPTION
Unit
Rate
EARTHWORK
Moisture Density Relationship ASTM D-698 (each)
Moisture Density Relationship ASTM D-1557 (each)
Moisture Density Relationship TEX-113-E (each)
Atterberg Limits (each)
Percent Passing #200 Sieve (each)
Backfill Material Sieve Analysis (each)
Engineering Technician (hourly)
Senior Engineering Technician (hourly, min 4 hours)
In Place Density Test (each)
Lime Pulverization Test (each)
Lime Depth Checks (each)
Lime Series PI (each)
Lime Series PH (each)
Lime and Water Injection Inspection (hourly)*
Lime and Water Injection Inspection Overtime (hourly)*
Test Borings (10 feet deep, mM. 4 each trip) **
Transportation Charge (trip)
Engineering & Report Review (hourly)
PIER INSPECTION
Senior Engineering Technician (hourly)
Senior Engineering Technician Overtime (hourly)
Concrete Test Cylinders (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
$130.00
$145.00
$180.00
$40.00
$25.OO
$35.0O
$27.50
$45.00
$13.00
$13.00
$13.00
$240.00
$120.00
$35.00
$52.50
$550.00
$13.00
$55.00
$35.00
$52.50
$13.00
$13.00
$55.00
Page 2 of 4
CONCRETE
Concrete Mix Design (each)
Concrete Mix Design Review (each)
Batch Plant Inspection (hourly)
Concrete Inspection (hourly)
Concrete Test Cylinders (each)
Reinforcing Steel Inspection (hourly)
Transportation Charge (trip)
Engineering & Report Review (hourly)
Pachometer Inspection (hourly, min. 4 hours)
Windsor Probe Testing (hourly, min. 4 hours
~mdsor Probe Shot Packages (set of 3)
Rebound Hammer Testing (hourly, min. 4 hours)
Floor Flatness Inspection (hourly, min. 4 hours)
Floor Flatness Report (each)
CORING SERVICES
Engineering Technician (hourly)
Core Equipment Charge (each)
Cut Core and Compression Test (each)
Core Depth Measurement (each)
Fill Core Holes (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
MASONRY
Engineering Technician (hourly)
Masonry Prisms (each)
Mortar Cubes (each)
Grout Prisms/Cylinders (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
STRUCTURAL STEEL
Structural Steel Inspection (hourly, min. 5 hours)
Fabrication Shop Inspection (hourly, min. 5 hours)
Ultrasonic Steel Inspection (hourly, min. 5 hours)
Chill System Pipe Inspection (hourly, min. 5 hours)
Transportation Charge (trip)
Engineering & Report Review (hourly)
Note: If out of town Fabrication Inspection is required there will be an additionaI charge for travel.
Note: Welder procedures and welder qualification tests are available
in-house or onsite as needed.
Page 3 of 4
$275.00
$65.00
$27.50
$27.50
$13.00
$35.00
$13.00
$55.00
$50.00
$45.00
$45.00
$45.00
$45.00
$60.00
$27.50
$25.OO
$60.00
$15.00
$5.00
$13.00
$55.00
$27.50
$60.00
$11.00
$25.00
$13.00
$55.00
$48.00
$48.00
$52.50
$48.00
$13.00
$55.00
ASPItALT
Engineering Technician (hourly) $29.50
Senior Engineering Technician (hourly, rain 4 hours) $45.00
Asphalt Mix Design (each) $1,275.00
Asphalt Mix Design Verification (each) $880.00
Asphalt Mix Design Review (each) $125.00
Asphalt Testing TEXDOT Item340 (each series) $291.00
Extraction and Gradation (each) $155.00
Maximum Theoretical Specific Gravity (each) $66.00
Laboratory Molded Density (set of 3, each) $70.00
Asphalt Coring (hourly) $27.50
Asphalt Core Equipment Charge (each) $25.00
In-Place Density and Thickness Test (each) $20.00
Transportation Charge (trip) $13.00
Engineering & Report Review (hourly) $55.00
Note: TEXDOT Item 340 includes exlraction and gradation, maximum theoretical specific gravity,
laboratory molded density (set of 3) and HVEEM stability per series.
FIREPROOFING
Engineering Technician (hourly)
Density (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
$48.00
$25.OO
$13.00
$55.0O
ROOFING
Engineering Technician (hourly, min. 4 hours)
Roof Cut Sample (each)
Transpoflafion Charge (trip)
Engineering & Report Review (hourly)
$45.00
$200.00
$13.00
$55.OO
All time is for a minimum of two hours or as noted. Overtime will be charged for ail 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, Engineering Department
By:
Position:
Proposal No. 03-5065
Date:
Page 4 of 4
TERMS AND CONDITIONS
SECTION 1: PARTIES AND SCOPE OF WORK: Bone Engineers, Ltd.
(hereinafter referred to as "Bone") shall include said company or its
particular division, subsidiary or affiliate pedorming the work. "Work"
(whether such term is capitalized or not) means the specific geotechnicai,
analytical, testing or other service to be performed by Bone as set forth in
Bone'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 Bone. 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 Bone's work. Bone
shall have no duty or obligation to any third party. The ordering of work
from Bone, or the reliance on any of Bone's work, shall constitute
acceptance of the terms of Bone'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. Bone will provide these
additional services at the contract fee schedule rate. initiation of services
by Bone pursuant to this proposal will incorporate these terms and
conditions. Bone'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.
Bone assumes no duty or obligation to pursue such charges against any
third party other than Client and Client remains solely responsible to Bone,
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 Bone to perform the work. Bone
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 ~'~e of its equipment; however, Bone has not included in its fee the
cost of restoration of damage which may occur. If Client desires or
requires Bone to restore the site to its former condition, upon written
request Bone will perform such additional work as is necessary to do so
and Client agrees to pay to Bone for the cost.
SECTION 3: TEST AND INSPECTIONS: Client shall cause all tests and
inspections of the site, materials and work performed by Bone or others to
be timely and properly performed in accordance with the plans,
specifications and contract documents and Bone'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 Bone's
standard fee schedule for the project. No claims for loss, damage or injury
shall be brought against Bone by Client or any third party unless all tests
and inspections have been so pedormed and unless Bone's
recommendations have been followed. Client agrees to indemnify, defend
and hold Bone, 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 Bone'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 Bone, 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 Bone of any known or
suspected hazardous materials, utility lines and pollutants at any site at
which Bone is to do work hereunder, and unless Bone has assumed in
writing the responsibility of locating subsurface objects, structures, lines or
conduits, Client agrees to defend, indemnify and save Bone 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 Bone's performance of its work and resulting to
or caused by contact with subsudace or latent objects, structures, lines or
conduits where the actual or potential presence and location thereof were
not revealed to Bone by Client.
SECTION 5: RESPONSIBILITY: Bone's work shall not include
determining, supervising or implementing the means, methods,
techniques, sequences or procedures of construction. Bone shall not be
responsible for evaluating, reporting or affecting job conditions concerning
health, safety or welfare. Bone'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. Bone
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 Bone'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 Bone's cost of collection
of all amounts due and unpaid after sixty (60) days, including court costs
and attorney's fees. Bone 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 Bone
waives any rights to a mechanics' lien, or any prevision conditioning
Bone's right to receive payment for its work upon payment to Client by any
third party. These General Conditions are notice, where required, that
Bone shall file a lien whenever necessary to collect past due amounts.
Client agrees to provide Bone, upon request, of all information necessary
for Bone to file its lien, including, but eot limited to, a legal description of
the properly upon which the work was performed. Failure to make
payment within 30 days of invoice shall constitute a release of Bone 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: BONE'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
PERFQRMING ITS PROFESSIONAL SERVICES, BONE 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 BONE REPORTS ARE QPINIONS
BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE
CONSTRUED AS REPRESENTATIONS OF FACT.
SHOULD BONE OR ANY OF ITS PROFESSIONAL EMPLOYEES BE
FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF
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 BONE'S WORK
AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE
LIABILITY OF BONE, IT'S OFFICERS, EMPLOYEES AND AGENTS
SHALL BE LIMITED TO $25,000.00 OR THE TOTAL AMOUNT OF TRE
FEE PAID TO BONE FOR ITS WORK PERFORMED WITH RESPECT
TO THE PROJECT, WHICHEVER AMOUNT IS GREATER.
IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT BONE'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 BONE'S LIABILITY TO $250,000.00
BY AGREEING TO PAY BONE A SUM EQUIVALENT TO AN
ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED
FOR BONE'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
BONE IN CONNECTON WITH ANY CLAIM SHALL REDUCE THE
Terms and Conditions Dated 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
BONE ARISING OUT OF OR RELATING TO THIS CONTRACT.
NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR
OTHERWISE, MAY BE BROUGHT AGAINST BONE, ARISING FROM
OR RELATED TO RONE'S WORK, MORE THAN TVVO YEARS AFTER
THE CESSATION OF BONE'S WORK HEREUNDER.
SECTION 9: HAZARDOUS MATERIALS INDEMNITY: The Client
acknowledges that Roce 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 Bone 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 Bone'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 Bone 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 Bone 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,
~[orege and disposal of pollutants. It shall be the duty of the owner, the
client, or their representative to advise Bone 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 Bone 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 Bone employees, agents or
subcontractors. If Bone 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. Bone 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 padies hereto.
SECTION 14: OWNERSHIP OF DOCUMENTS: All reports, boring logs,
field data, field notes, laboratory test data, calculations, estimates, and
other documents prepared by Bone as instruments of service, shall remain
the property of Bone 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
Rone 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, coud
costs, and attorney's fees, arising on account of or in connection with injudes
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 fype 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 INDEMNIRCATION
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 Bone is maintained by
Bone or assumed by Client. Bone in its sole discretion and at its sole option
may defend any or afl of the indemnified claims or tender to Client the
defense of any or all of the indemnified claims. Upon such tender by Bone
to Client, Client shall be bound and obligated to assume the defense of
Bone 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 Bone. It is understood and
agreed by Client that if Bone tenders the defense of an indemnified c[aim to
Client and Client fails or neglects to assume the defense thereof, Bone 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 Bone 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 owes any amount to Bone, whether under this Agreement
or otherwise, Client agrees to Bone'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 2 of 2