Loading...
WA9701-CN051026Rone.Engineering · GEOTECHNICAL ENGINEERING · CONSTRUCTION MATERIALS TESTING · ENVIRONMENTAL CONSULTING · FORENSIC ENGINEER]NG HOUSTON 6300 ROTHWAY, SUITE 150 HOUSTON, TEXAS77040 TELEPHONE 7t$-996'9979 FACSIMILE 713-996-9972 September 8, 2005 Ms. Suzan Taylor City of Coppell Public Works Department P.O. Box 9478 Coppell, Texas 75019 Re: Denton Tap Road 16-1nch Water Line Coppell, Texas Proposal No. 05-8476 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 Specifications. 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. Rone's total fee will be based on the actual amount 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 Schedule of Services and Fees. Rone meets the 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 personnel to perform the necessary CMT services 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. y submitted, ax Page 1 of 2 Larry Bracken CMT Division Manager September 8, 2005 Proposal No. 05-8476 Project: RONE ENGINEERING SERVICES, LTD. Construction Materials Engineering and Testing Basic Services and Cost Estimate Denton Tap Road 16-Inch Water Line 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) Backfill Material Sieve Analysis (each) Transportation Charge (trip) Engineering & Report Review (hourly) Assumptions: 1 density test for every 300 lineal feet of trench backfill per lift. CONCRETE Concrete Inspection (hourly) Concrete Test Cylinders (each) Reinforcing Steel Inspection (hourly) Transportation Charge (trip) Engineering & Report Review (hourly) Assumptions: 5.0 $130.00 $650.00 5.0 $40.00 $200.00 42.0 $27.50 $1,155.00 130.0 $13.00 $1,690.00 2.0 $35.00 $70.00 15.0 $15.00 $225.00 9.8 $55.00 $539.00 30.0 $27.50 4O.0 $13.00 10.0 $35.00 15.0 $15.00 6.0 $55.00 1 set of 4 concrete test cylinders per days concrete placement of pavement replacements. Concrete Inspection time is based on delivery of concrete at 50 yards per hour. $825.00 $520.00 $350.0O $225.00 $330.00 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 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 ~....._~ Date: Proposal No. 05-8476 Page 2 of 2 $6,779.00 TERMS AND CONDITIONS SECTIO~ '1: PARTIES AND SCOPE OF WORK: Rone Engineering Se~ces, Ltd,. (hereinafter referred to as "Rone') shall include said company or its particular division, assigns, successors, subsidiary or affiliate performing the work. "Work" (whether such term is capitalized or not) means the specific geotechnical, analytical, testing or other service to be performed by Rone as set forth in Rose's proposal and these Terms and Conditions. Additional 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 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 ordedng and directing said work. Unless othenvise 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 Rone's work. Rone shall have no duty or obligation to any third party greater than that set fodh in Rone's proposal, Client's acceptance thereof and these Terms and Conditions. The ordering of work from Rone, or the relianca 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. Rone will provide these additional services at its normal schedule rate. Initiation of services by Rone for client will automatically invoke and be performed subject to these Terms and Conditions. Rose'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 responsibis 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 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 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 others to be timely and properly performed in accordance with the plans, specifications and contract documents and Rose's recommendations. Any re-testing, if deemed necessary by Rone, or testing due to cancellation of scheduled tests not due to the feuif of Rose, are outside the scope of work hereunder and will be provided to Client for an additional charge at Rone's normal rates. 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 un[ess Rone's recommendations have been exactly fo[lowed. 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 costa and reasonable attorney'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 DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rone of any known or suspected hazardous matsdais, utility lines and pollutants at any site at which Rone is to do work hereunder, and unless Rone has specifically assumed in writing the responsibility of locating subsuri=aca 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, lines or conduits where the actual or potential presence and location thereof were not specifically revealed to Rone by Client. SECTION 5: RESPONSIBILITY: Rone'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. Rone's work or failure to perform same shall 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 dght 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 dfiliing 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 dudng the preceding peried. 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 all amounts due and unpaid after sixty (60) days, including court costs and attomey's fees. Rose shall not be bound by any provision or agreement requiring or providing for a~oitrafion of disputes or controversies arising out of this agreement, any provision wherein Rone waives any dghts to a mechanics' lien, or any provision conditioning Rone's fight to receive payment for its work upon payment to Client by any third party. 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, all information necessary for Rone to file its lien1 including, but not limited to, a legal description of the properb/upon which the work was performed. Failure to make payment within 30 days of invoica shall constitute an irrevocable final release of Rone from any and all claims which Client may have, whether in tort, contract or uthenvise, 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, 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 ORANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO RAVE 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 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 TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY ACCEPTED BY RONE. IN ANY EVENT, A'~I'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 LIABILITY, 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 inte~retad as requiring Rone to assorne the status of an owner, operator, generator, stsrer, transporter, creator, or disposal facility ss 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 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 dudng 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 transpo~, disposal or treatment of hazardous materials as a result of its Work. SECTION 10: 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 substance 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 parbj from such exposures, regardless of whether such exposure was allegedly adsing out of or related to Rone's performance of services hereunder. SECTION 11: TERMINATION: This Agreement may be terminated by either party upon seven (7) days wdtten 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 pedod 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 flies and may also include a report on the services performed to the date of notice of termination or suspension. 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 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 Ten'ns and Conditions and Rone's proposal constitute 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: Ail reports, bodng logs, fieitd data, fieit notes, laboratory test data, calculations, estimates, and other documents prepared by Rone as instruments of service, shall remain the pmpeA'y of Rone unless there are other written agreements to the contrary. SECTION 15: ASSIGNS: Client 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 f~ilest extent permitted by applicable law, Client expressly agrees to defend (at Client's expense and with counsel acceptable to Rone), indemnify, and save and holt harmless Rone and ail of its officers, directors, sherehoklers, employe~s, agents, successors, predecessors and assigns, from and against any and all cieim~, suits, ~sses, causes of action, damages, liabilities, and expenses of any Idnd whatsoever, including without limitation, all expenses of litigation and arbitration, court costs, and attorney's ~es, ads[ag on account of or in connection with injuries to or the death of any person whomsoever, claims for damages Eom 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, or aJieged to be connected with, the Client's preperbj or work being pedormed on Client's property 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 properly of the Client or any of its empioyses, 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 ob[igafions 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 workrnan'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 pafi¥ to whom Client may subcontract any work. SECTION 17: COSTS AND TENDERING OF INDEMNIFICATION DEFENSE: The indemnities agreed to by Client herein express/y include all costs of litgation, attorney's fees, settlement costs and mesonable expenses in connection with the litigation or arbitration whether or not the claims made for less, injury, damage or property damage are valid or groundless, and regarditss of whether the defense of Rone is maintained by Rone or assumed by Client. Pone 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, liquitate, discharge and satisfy any and all settlements, judgments, awards or e~penses resulting from or a~ising out of the indemnified claims without reimbursement from Rone. It is understood and agreed by Client that if Rone tenders the defense of an indemnified claim to Client and Client fails or neglects to assume the defense thereof, Rone may compromise and settJe or defend any such suit or action, and Client shall be bound and obligated to reimburse Rone for the amount expended by it in settJing or compromising any such claim, or in the amount expended by Rone in paying any judgment rendered therein, together with all reasonable attomeys' 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 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 garnishment (pre and post judgment), sequestration, attachment or any other iegalmethed. Client agrees to waive any and all bond requirements assodated therewith. Client agrees to pay ali costs of collection, including attorneys fees. SECTION 19: NOTICE: PJI notices required under this Subcontract Agreement shall be sent via certified mail return receipt requested to the address set fotth in the pmposel, via facsimile number listed on the propesal or via hand delivery to the office set forth on the proposal. Verbal notification to Rone will not satisfy the notice mquttements 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