ST9703-CN050513Rone Engineering
* GEOT~CHNICAL ENGINEERING
· CONST~UCIION MATERIALS TESTING
· ENVIRONMENTALCONSUL~ING
FORT WORTH
2696 GRAVEL DRIVE
FORT WORIH, T£XA$ 76158
April 22, 2005
Ms. Suzan Taylor
City of Coppell
P.O. Box 9478
Coppell, Texas 75019
Re: ST 97-03 MacAr~hur Boulevard Widening
Coppell, Texas
Proposal No. 05-7772
Dear Ms. Taylor:
Rone Engineering Services, Ltd. (Rone) 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 at this time for quality control services
for the referenced project. For the purpose of this proposal, we have estimated
quantities and tests that will be required in accordance with the Plans and
Information Provided. Tlfis is only an estimate for budgetary purposes. The actual
costs for CMT services can decrease or increase with changes in the scope of work
or with the contractor's work method. Rone's total fee will be based on the actual
amount of lechnlcian time and laboratory testing required for the project. These
services will be performed on a unit price basis in accordance with the attached
Schedule of Services and Fees.
Rone meets thc requirements of ASTM E329 and is an active participant in the
CCRL and AASHTO sample proficiency programs and is currently A2LA &
AASHTO accredited. Rone has experienced perso~mel to perform the necessary
CMT sen, ices in accordance with the project specifications.
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.
We appreciate the opportunity to submit this proposal for CMT services 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,
please contact us at your convenience.
R~.specl~ly submitted,
Page 1 of 4
CMT Division Manager
April 22, 2005
Proposal No. 05-7772
Project:
RONE ENGINEERING SERVICES, LTD.
Construction Materials Engineering and Testing
Basic Sen'ices and Cost Estimate
ST 97-03 MacArthur Boulevard Widening
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) 16.0
Transportation Charge (trip) 9.0
Engineering & Report Review (hourly) 3.0
Assumptions: 2 density tests for each visit. One lane closure only at a time per direction.
CONCRETE
Concrete Inspection (hourly)
Concrete Test Cylinders (each)
Reinforcing Steel Inspection (hourly)
Transportation Charge (trip)
Engineering & Report Review (hourly)
Assumptions: 1 set of 4 concrete test cylinders per trlp.
1.0 $130.00 $130.00
1.0 $40.00 $40.00
18.0 $27.50 $495.00
$13.00 $208.00
$13.00 $117.00
$55.00 $165.00
12.0 $27.50 $330.00
16.0 $13.00 $208.00
4.0 $35.00 $140.00
6.0 $13.00 $78.00
2.4 $55.00 $132.00
ESTIMATED BUDGET
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 PortaI.
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.
Proposal No. 05-7772
$2,043.00
Page 2 of 4
April 22, 2005
Proposal No. 05-7772
Project:
RONE ENGINEERING SERVICES, LTD.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
ALTERNATE A
ST 97-03 MacAr~hur Boulevard Widening
DESCRIPTION
Estimated
Quantity
Unit
Rate
Estimated
Total
EARTltXVORK
Moisture Density Relationship ASTM D-698 (each) 2.0
Atterberg Limits (each) 2.0
Engineering Technician (hourly) 24.0
In Place Density Test (each) 12.0
Transportation Charge (trip) 12.0
Engineering & Report Review (hourly) 4.8
Assumptions: I density for every 300 lineal feet of paving subgrade, 1 density test
for every prepared paver replacement section.
CONCRETE
Concrete Inspection (hourly)
Concrete Test Cylinders (each)
Reinforcing Steel Inspection (hourly)
Transportation Charge (trip)
Engineering & Report Review (hourly)
Assumptions: 1 set of 4 concrete test cylinders per trip.
16.0
24.0
6.0
8.0
3.6
$130.00
$40.00
$27.50
$13.00
$13.00
$55.OO
$27.50
$13.00
$35.00
$13.00
$55.00
$260.00
$80.00
$660.00
$156.00
$156.00
$264.00
$440.00
$312.00
$210.00
$104.00
$198.00
ESTIMATED BUDGET
$2,840.00
Pagc 3 ot 4
April 22, 2005
Proposal No. 05-7772
Project:
RONE ENGINEERING SERVICES, LTD.
Construction Materials Engineering and Testing
Basic Sen'ices and Cost Estimate
ALTERNATE B
ST 97-03 MacArthur Boulevard Widening
DESCRIPTION
Estimated
Quantity
Unit
Rate
Estimated
Total
EARTHWORK
Moisture Density Relationship ASTM D-698 (each)
Atterberg Limits (each)
Engineering Technician (hourly)
In Place Density Test (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
Assumptions: 1 density test for ever3, prepared paver replacement section.
CONCRETE
Concrete Inspection (hourly)
Flowable Fill Test Cylinders (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
As.,mnptions: 1 set of 4 flowable fill test cylinders per trip.
ASPHALT
Engineering Technician (hourly)
Extraction and Gradation (each)
Maximum Theoretical Specific Gravity (each)
Asphalt Coring (hourly)
Asphalt Core Equipment Charge (each)
ln-Place Density and Thickness Test (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
1.0
1.0
12.0
6.0
6.0
2.4
16.0
24.0
8.0
3.6
12.0
2.0
2.0
4.0
6.0
6.0
4.0
1.8
$130.00
$40.00
$27.50
$13.00
$13.00
$55.00
$27.50
$13.00
$13.00
$55.00
$27.50
$155.00
$66.00
$27.5~
$25.00
$20.00
$13.00
$55.00
$130.00
$4O.OO
$330.00
$78.00
$78.00
$132.00
$440.00
$312.00
$104.00
$198.00
$330.00
$310.00
$I32.00
$110.00
$150.00
$120.00
$52.00
$99.00
EST/MATED BUDGET
$3,145.00
Page 4 of 4
TERMS AND CONDITIONS
SECTION 1: PARTIES AND SCOPE OF WORK: Rone Engineering
Sen/ices, Ltd. (hereinafter referred to as "Pone') shall include said company or
its padicular division, assigns, successors, subsidiary or affiliate pedorming the
work "Work" (whether such term is capitalized or not) means the specific
geotechnical, analytical, testing or other service to be performed by Pone as
set forth in Rone's proposal and these Terms and Conditions Additionai work
ordered by Client shall also be subject to these Terms and Conditions "Client"
refers to the person or business entity ordering the work to be done by Pone
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, C~ient
assumes sole responsibility for determining whether the quant[fy 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 Rone's work, Rone
shatl have no duty ar obligation to any third party greater than that set forth in
Rones proposal, Client's acceptance thereof and these Terms and Conditions.
The ordering of work from Pone, or the reliance on any of Rone's work, shall
constitute acceptance of the terms of Rone's proposal and these Terms and
Conditions, regardless of the terms of any subsequently issued document. If
unexpected site conditions are discovered, the scope of work may require
additional services even as the work is in progress. Pone will provide these
additional services at its normal schedule rate. Initiation of services by Pone
for client will automatically invoke and be performed subject to these Terms
and Conditions Rone's duties and obligations for any Work performed is to
Client only if Client chooses to charge any third party for any work performed
hereunder, Client is solely responsible for assessing such charges against said
third parties Pone 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. Pone shatl 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 and shall have no obligation to perform any such
restoration work. If Client desires or requires Rone to restore the site to its
former condition, upon written request Pone 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 others to be timely and
properly performed in accordance with the plans, specifications and contract
documents and Rone's recommendations Any re*testing, if deemed
necessary by Rone, or testing due to cancellation of scheduled tests not due to
the fautt of Rone, are outside the scope of work hereunder and will be provided
to Client for an additional charge at Pane's normal rates No claims for loss,
damage or injury shall be brought against Reno by Client or any third party
unless all tests and inspections have been so performed and unless Rone's
recommendations have been exactly followed Client agrees to indemnify,
defend and hold Pone, 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 aftorney's fees in the event that all such tests and
inspections are not so performed or Rone's recommendations are not so
followed
SECTION 4: CLIENT'S BUTY 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 Pone has specifically 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, incurred as
a result of personal injury, death or property damage resulting to or caused by
contact with subsurface or latent objects, structures, tines or conduits where
the actual or potenfial presence and Iocafion thereof were not specifically
revealed to Pone by Ctient
SECTION 5: RESPONSIBILITY; Rone's work shall not include determining,
supervising or implementing the means, methods, techniques, sequences or
procedures of construction. Pone shall not be responsible for evaluating,
reporting or affecting job conditions concerning health, safety or welfare
Rone's work or failure to perform same shalt not in any way excuse any
contractor, subcontractor, laborer or supplier from performance of its work in
accordance with the contract documents. Rone has no right or duty to stop
any 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 Rone's report to Client.
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 Rone's cost of collection of ail amounts due and unpaid after
sixty (60) 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 part*/ These Terms and Conditions are notice, where required, that Rone
intends to file a lien to collect past due amounts. Client agrees to provide
Rone, upon request, ail information necessary for Pone 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
an irrevocable final release of Rone from any and all claims which Client may
have, whether {n 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 AND THESE TERMS AND CONDITIONS, AND WiTH
GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN
PERFORMING ITS SERVICES, PONE 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 PONE REPORTS ARE OPINIONS
BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE
CONSTRUED AS REPRESENTATIONS OF FACT
SHOULD RONE OR ANY OF ITS 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 TQ HAVE IN ANY WAY
RELIED UPON RONE'S WORK, AGREE THAT THE MAXIMUM
AGGREGATE AMOUNT QF THE LIABILITY OF PONE, IT'S OFFICERS,
EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25r000.00 OR THE
TOTAL AMOUNT OF THE FEE PAID TO PONE FOR ITS WORK
PERFORMED WITH RESPECT TO THE PROJECT, WHrCHEVER 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 WRI%TEN REQUEST FROM CLIENT
RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF,
INCREASE THE LIMIT OF RONE'S LIABILITY TO $250,00000 BY
AGREEING TO PAY RONE A SUM EQUIVALENT TO AN ADDITIONAL
AMOUNT OF 10% 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 "~'PE, BUT IS INCREASED
CONSIDERATION FOR THE GREATER LIABILITY ACCEPTED BY RONE
IN ANY EVENT, A~q'ORNEY'S FEES EXPENDED BY RONE IN
CONNECTON WiTH ANY CLAIM SHALL REDUCE THE AMOUNT
AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY
PROJECT REGARDLESS OF THE NUMBER OF CLAIMS OR CAUSES OF
ACTION ARISING OUT OF THE WORK. CLIENT WAIVES ANY AND ALL
CLAIMS FOR CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES
AGAINST RONE ARISING OUT OF OR RELATING TO THE WORK.
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 AND ONE DAY
AFTER THE CESSATION OF RONE'S WORK HEREUNDER. LIMITATIONS
ON LIABILITY AND INDEMNITIES IN THIS AGREEMENT ARE BUSINESS
Terms & Conditions Dated August 20, 2004 Page 1 Of 2
UNDERSTANDINGS BETWEEN THE PARTIES VOLUNTARILY AND
KNOWINGLY ENTERED INTO, AND SHALL APPLY TO ALL THEORIES OF
RECOVERY INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT OR STATUTORY
L~ABILITY, OR ANY OTHER CAUSE OF ACTION, EXCEPT FOR WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE. THE PARTIES ALSO AGREE
THAT CLIENT WILL NOT SEEK DAMAGES IN EXCESS OF THE
LIMITATIONS INDIRECTLY THROUGH SUITS WITH OTHER PARTIES WHO
MAY JOIN RONE AS A THIRD-PARTY DEFENDANT PARTIES MEANS
CLIENT AND GEOTECHNICAL ENGINEER AND THEIR OFFICERS,
EMPLOYEES, AGENTS, AFFILIATES, AND SUBCONTRACTORS
SECTION 9: 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 representafive 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 Work 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 its Work, Rone may at its option terminate
further work on the project and notify Client of the condition Work 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 Work,
SECTION 10: HAZARDOUS MATERIALS INDEMNtTY: 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 suDstance or condition 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, regardless of whether such exposure was allegedly arising out of
or re~ated fo Rone's performance of services hereunder
SECTION 11: 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 alt 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 12: PROVISIONS SEVERABLE: The padies have entered into this
agreement in good faith, and it is the specific intent of the parties that the terms
of these Terms and Conditions be enforced as written. In the event any of the
provisions of these Terms and Conditions should be found to be
unenforceable, it shall be stricken and the remaining provisions shall be
enforceable.
SECTION 13: ENTIRE AGREEMENT: These Terms and Conditions and
Rone's proposal constitute the entire understanding of the partieSr 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, bering 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 written agreements to the contrary
SECTION 15: ASSIGNS: Ctient may not delegate, assign, subcontract or
transfer its duties (including payment) 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,
predecessors 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 w~th 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 lose of use thereof), regardless of
possession or ownership, which injuries, death or damages arise from, or are in
any manner connected with, or alleged to be connected with, the Client's property
or work being performed on Client's propert7 by Rone or 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 [TS 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, compensafion, 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
proper'b/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 egfion 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 satisf7 any and all settlements, judgments, awards
or expenses resulting from or adsing out of the indemnified claims without
reimbursement from Rone. It is understood and agreed by Client that Jf Rone
tenders the defense of an indemnified claim to Client and CIiect 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 seffiing or compromising any such claim, or in
the amount expended by Rone in paying any judgment rendered therein,
together with all reasonable attorneys' tees and cost of litigation incurred by Rone
by reason of its defense, sedlement or compromise of such indemnified claims,
SECTION 18: COLLECTION OF AMOUNTS OWED TO RONE: In the
event that Client owes 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 gamishment (pre
and post judgment), sequestration, attachment or any other legal method. Client
agrees fo waive any and all bond requirements associated therewith, Client
agrees to pay all costs of collection, including attorneys fees.
SECTION 19: NOTICE: All notices required under this Subcontract
Agreement shall be sent via certified mail retum 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 Terms and 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 & Conditions Dated August 20 2004 Page 2 of 2