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CF-Cozby Library-CN051012$905 Ambassador Row Dallas, Texas 75247 Telephone (214) 630-9745 Facsimile (2t4) $30-98t 9 Phone: F,em: Jay Canafax Pages= (including cover) cc= 0 3"'- ?b 2. I [] Urgent [] For Your File [] OHglnal to be mailed [] Signature Requested [] Please Comment [] For Review [] Please Reply [] Please Recycle · Comments: NOTICE OF CONFIDENTIALITY ENVIRONMENTAL / GEOTECHNICAL / CONSTRUCTION TESTING DALLAS / FORT WORTH / HOUSTON SINCE '/972 Rone ineering October i2, 2005 Ms. Sheri Moino City of Coppell P.O. Box 9478 Coppell, Texas 75019 Re: Interior Renovations to the William T. Cozby Public Library. Coppetl, Texas Proposal No. 05-8521 Dear Ms. Moino: Keno Engineering Services, Ltd. (Rone) understands that we have been selected based solely on our qualifications and that the City of Ceppell is currently negotiating scope and fees with only Reno 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 Only. This 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. Reno's total fee will be based on the actual muount of technician time and laboratory testing required for the project. These services will be performed on a unit price basis in accordance with the attached Sehedule of Services and Fees. Reno meets the requirements df ASTM E329 and is an active participant in the CCPd., and AASHTO sample proficiency programs and is currently A2LA & AASE[TO accredited. Reno has experienced personnel t~ perform the necessat7 CMT services in accordance with the project specifications. By execution of this proposal, the undersig'ned 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 tNe 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 constructim] phase of this project. If there are an)' questions concerning this proposal or if we can be of further assistance, please contact us at your convenience. Page 1 of 2 October 12~ 2005 Proposal No. 05-$621 RONE ENGINEERING SERVICES, LTD. Construetien Materials Engineering and Testing Basic Services and Cost Estimate Project: Interior Renovations to the William T. Cozby Public Library DESCRIPTION Estimated Unit Estimated QuantiW Rate Total Moisture Densi~' Relationship ASTM D-695 (each) Atterberg Limits (each) Engineering Teclmieian (hourly) In Place Density Test (each) Transportation Charge (trip) Engineering & Report Keview (hourly) 1.0 $I30.00 $130,00 1.0 $40.00 $40 4.0 $27.50 $110.00 4.0 $13.00 $52.00 2,0 $15.00 $30.00 0.9 $55.00 $49.50 PIER I~SPECTION Senior Engineering Technician (hourly) Senior Engineering Technician Overtime (hourly) Concrete Test Cylinders (each) Transportation Charge (trip) Engineering & Report Keview Oourly) .~sumptions: I da)' of pier ~'illing Mth one '~echrdcian and 1 drilling rig. 8.0 $35.00 $280.00 2,0 $52.50 $105 00 4.0 $1300 $52 00 1.0 $15.00 $15.00 0,9 $55.00 $49.50 CONCRETE Concrete Mix Design (each) Concrete I.nspectien (hourly) Concrete Test Cylinders (each) Reinforcing Steel inspection (5curly) Transportation Charge (~rip) Engineering & Keport Review (hourly) Post Anchor Inspection (hourly) Assumptions: 1 se~ of 4 concJete test cylinders for ever), 100 y~rcls of concrete ?lace~l, Concrete I~pection time is based on delivery of concrete at 50 yards per hour. 1.0 $275.00 $275.00 I2,0 $27 50 $330.00 8.0 $13.00 $10400 2.0 $35.00 $70.00 6.0 $15.00 $90.00 1.5 $55.00 $82.50 4.0 $35.00 $140,00 Pag~ 2 of 3 MASONRY Engineering Technicima (hour]y) Masor~y Prisms (each) Mortar Cubes (each) Grout Prisms/Cylinders (each) Transportation Chaxge (trip) Engineering & Report Review (hourly) Assumptions: 1 set of 6 Mortar Cubcg;4 Cyrout Prisms per test. 12.0 $27.50 $330.00 1.0 $60.00 $60.00 12.0 $11.00 $132.00 4.0 $25.00 $ 100.00 5.0 $15.00 $75.00 0.9 $55.00 $49.50 ESTI2vlATED BI2D GET $2,751.00 All time is for a minimum of two hours or as noted. Overtime will be charged for all hours worked before 7:00am and after 5:00pm, for any time in excess of g hours per day or 40 hours per week, Saturdays, Sundays and Holidays All time is Portal to Portal. Project Engineer/ng services on materials engineering and testing for consultation, analysis, report preparation and review, supervision and scheduling of field and laboratory personnel will typically be 0.3 to 0.5 hours per report. City of Coppell Proposal No. 05-8621 By: Position: Date: Page 3 of 3 L:4 05,? .... TERMS AND ~N~I I ~NS SECTION ~: PARTIES AND ELOPE OF WOR~: Bone Engineering Services, Lid (hereinafter refer~ed to ss "Bone") She, Il incJude said company work. ~o~' (whether such term is cap~ta[i~e~ ~r ~ot) moans the warrant~ that it [~ the duly ~bthorized agent of said pa~ for t~e pu~ose of assumes sole tasoonsibJl~ty for 6ete~Jning ~ether t~e quantity an~ ~nd ~vew third ~a~ to whom Clien[ transm~ any pa~ of Rone'~ work. Ro~e shall have ~o du~ or obligaLio~ to any thi~ pa~ greater than that set f~ Conditions, regardless 0f the te~$ of any ~ubsequently issued ~ument. If and Condi[i~n~. Bone's duties ~nd obligations for any Work pedormed is against any ~ird pa~ other ca~ Cbient e~d Client remains solely ~espon¢~ble ~CTIO~ ~; TE$T AND I~SpECTIONa: Cllent shall cause ~1[ tests a~d d~mage or inj~ shall be btou~ht against Ro~e by 6Ii~t or any third ~a~ defen¢ a~d hold Ro~e, Lis offic~r~, employees and agents n~l~ss from any and warrants that it has advised R0ne ~ any known or suspected hazardous ma[ahAb, utlllty lines and pollutants at any site at which R~ne is [~ do work hereunder, an~ u~s¢ Eons has specifically assume~ in ~ting the agrees to dele. d, indemni~ and save Bone harmless from ali claims, suits, accordance with the contract documents. Bone has no right or d';~'J to stop any contractor's work SECTION 6: SAMPLE DISPOSAL: UnleSs otherwise agreed in wddng, test ~pecimens or samples will be disposed immediately upon completion of the tesL AIl drflling samplos ~)r specimens will be '4ia~osed sixty (60) days after submission of Rone's report to Client. SECTION 7: PAYMENT: Clisn~ shall be Invoiced once each month for work performed d~rl~g the prececlmg penod. Client agrees to pay each invoice within thlC, y 30) ~leys of b receJp Cleon fu~her agrees to pay interest on ell amounts invoiced and ~ot pad or objected to f~r valid cause in wrlDlg within said thirty (30) ~Jay period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under appllcable law), until paid. Client agrees to pay Bone's ~ost of collection of at] amounts due a~(~ u~paid after Sixty (~O) days, in~luding r.~u~t cost~ and attorney's fees. Bone 5hell not bo bound by any 0rovision or asreemen[ reduidn9 or providing for arbitration d spu es or ¢ontrovers es arising out of this agreement, any pr~vi$icn wherel¢ Bone waives any rights to a mechaniCS' lien, O¢ a~y pr~vlslo~ conditioning Bone's right to receive payment for its work upon payment to Client by any third path./. These Terms and Conditions are notice, where required, that Bone intends to file e lien to collect past duo amounts. Client agrees to provide Reno, upon request, all Jnfoffnetion necessaPJ for Bone to file Its Lien, including, b~t not limited to, a legal description of the property upon which the work wes porfom3e~. Failure to make payment within 30 days of invoice shall c4~nstitute an irrevocable final release of Bone from any and all reims which Client may have, whether in tort co~tract dr otherwise, and whether known or unkr~own at the time, SECTION $: WARR.&NTY: BONE'S SERVICES WILL SE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCOROANCE WITH ITS pROPOSAL AND THESE TERMS AND CONDITIONS, AND WITH GENERALLY ACCEPTED PRINC]PLES AND PRACTICES. IN pERFORMING ITS SERVICES, BONE WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY E.XERCbSED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF its PROFESSION. THIS WARPJ~NTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EITHER F~XPRESS OR IMPLIED. STATEMENTS MADE IN BONE REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD BONE OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE ~EE~ NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY F..XPRESS OR iMPLIED WARRANTY REpRESENTATiON OR CONTRACT, CLIENT, ALL PARTIES CLAIMIN~ THROUGH CLIENT, AND ALL PARTfES CLAIMING TO HAVE IN ANY WA~ RELIED UPON BONE'S WORK AGREE THAT THE MAXIMUFV AGGREGATE AMOUNT OF THE LIABILWY OF BONE, IT'S OFFICERS EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,~00.00 OR THE TOTAL AMOUNT OF THE FEE PAiD TO BONE FOR ~TS WOR~' PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUR" IS GREATER. IN THE EVENT CLIENT IS uNWILLING OR UNABLE TO LIMIT BONE'-~ LIABILITY IN ACCORDANCE WiTH THE PROVISIONS SET FORTH IN pARAGRAPH, CLIENT MAY, UPON WRI'~'EN REQUEST FROM CLIEN' RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF INCREASE THE LIMIT OF BONE'S LLASILITY TO $250,000.00 AGREEING TO FAY BONE A SUM EQUIVALENT TO AN ADDITIONA AMOUNT OF 10% (DF THE TOTAL FEE TO BE CHARGED FOR sERVICES THIS CHARGE IS NOT TO BE CONSTRUED AS BEING CHARGE FOP. INSURANCE OF ANY TYPE, BUT IS INCREASEJ CONSIDERATION FOR THE GREATER LIABILITY ACCEPTED BY RON~ IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY BONE II OONNECTON WITH ANY CLAIM SHALL REDUCE THE AMOUN AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO AN PROJECT REGARDLESS OF THE NUMBER 0~' CLAIMS OR CAUSES 0 ACTION ARISING OUT OF THE WORK. CLIENT WAWES ANY AND AL CLAIMS FOR CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE AGAINST RONE ARISING OUT OF OR RELATING TO THE WORK. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, O OTHERWISE, MAY BE BROUGHT AGAINST BONE, ARISING FROM RELATED TO RONE'S WORK, MORE THAN TWO YEARS AND ONE DA AFTEP. THE CESSATION OF BONE'S WORK HEREUNDER LIMITATION ON LIABILi'~f AND INDEMNIT[[S tN THiS AGREEMENT ARE BUS1NES KNOW{NGL¥ ENTERED INTO, AND SHALL APPLY 'FO ALL 'THeORIeS OF R~COVERY [NCLUDING. BUT NOT LiMITeD TO ~R~CH O~ CONT~OT~ EMPLOYEES, AGENTS, A~ILIATES, AND SUSCONT~CTO~S. ~ 't~ Work. SECTION 1~: ASSIGNS: Client m~y not delega~, assign, ~ubcontra~ or FROM OR JN CONNECTION WITHi OR ,e~E CAUSED BY, ANY ACT, ERROR, OMISSION, OR NEGLIGENCE OF RONE .aJ-~l} Frs OFFICERS, DIRECTORS EXCLUDING INJURIES, DEATH, OR DAMAGES CAUSED BY THE SOLE NEGLIGENCE OF{ WANTON ,AND WILLFUL MISCQNDUFT OF RONE, Tee of Rone Es ma[ntei~e~ by Acne or assumed by CIlent. Rone in i~s sole discretlo~ deems reasonable end expedient, including but net limited to gsm[shmen~ (~,r~ deliver7 to the office set f~rth on the pr0poaal. Verbal notification [o R~ee will eel