ST9301-CN060504
Ro~e En~~
GEOTECHNICAL ENGINEERING
, CONSTRUCTION MATERIALS TESTING
ENVIRONMENTAL CONSULTING
FORENSIC ENGINEERING
DALLAS/FoRT WORTH
8908 AMBASSAOOR ROW
DALLAS, TEXAS 75247
TELEPHONE 214-630-9745
TELEPHONE 817-284-1318
FACSIMILE 214-630-9819
HOUSTON
7701 WEST LITTLE YORK
SU ITE 600
HOUSTON, TEXAS 77040
TELEPHONE 7t 3-996-9979
FACSIMILE 713-996-9972
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April 24, 2006
Ms. Suzan Taylor
CIty of Coppell
POBox 9478
Coppell, Texas 75019
Re MSE RetaInIng Wall Backfill
ST 93-01 Sandy Lake Road
Coppell, Texas
Proposal No 06-9608
Dear Ms. Taylor
Rone EngIneering ServIces, Ltd. (Rone) understands that we have been selected
based solely on our quahfications and that the City of Coppell IS currently
negotiatIng scope and fees wIth only Rone at this time for quahty 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 Information
ProVIded. 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 techmCIan tIme and laboratory testIng reqUIred for the project. These servIces
WIll be performed on a umt price basIs 10 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 expenenced personnel to perform the necessary
CMT servIces In accordance WIth the project specificatIOns.
By executIOn of thIS proposal, the underSIgned Chent acknowledges and agrees that
the document entItled "Terms and ConditIOns" has been prOVIded or made avaIlable
to Client and Chent agrees that such Terms and ConditIOns shall be apphed to the
present Proposal and shall be fully bIndlOg upon Chent. The Terms and CondItions
are fully Incorporated Into thIS Proposal by reference as If set forth at length.
We appreciate the OppOrtuOlty 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 conveOlence
(
ay Canafax
CMT OperatIons Manager
att: A2LA Scope
Page 1 of2
~~~<:~~.
April 24, 2006
Proposal No 06-9608
Project:
RONE ENGINEERING SERVICES, LTD.
ConstructIon Matenals Engineering and Testing
BasIc ServIces and Cost EstImate
MSE RetaInIng Wall Backfill
ST 93-01 East Sandy Lake Road
DESCRIPTION
Estimated Unit Estimated
Quantity Rate Total
2.0 $13000 $260 00
2.0 $40 00 $80 00
2930 $27.50 $8,057.50
2790 $13 00 $3,627 ~O
440 $15 00 $660 00
12.9 $55 00 $709.50
EARTHWORK
MOIsture Density RelatIOnshIp ASTM D-698 (each)
Atterberg LImIts (each)
EngmeerIng TechnIcIan (hourly)
In Place Density Test (each)
Transportation Charge (tnp)
EngIneering & Report RevIew (hourly)
Assumptions: I density test per lift at MSE reataining waIl.
ESTIMATED BUDGET
$13,39400
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 matenals 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
By' );;::7 ..
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Position V /"7 .~~. v
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Date J --:- 7'- Z;h
Proposal No. 06-9608
Page 2 of2
~ American Association for Laboratory Accreditation
SCOPE OF ACCREDITATION TO ISO/IEC l7025-1999
RONE ENGINEERS, L TD
8908 Ambassador Row
Dallas, TX 75247
Jav Canafax Phone 2]46309745
ValId To. May 31, 2006
Certificate Number' 2157-0J
In rccogmtlollofthe successful completIOn of the A2LA evaluation process. accreditntlOlllS granted to
this laboratory fOf"
CONSTRUCTION MATERIALS ENGINEERING
ASTM
E329 (matcnals), CI077 (concrete), 03740 (salls)
CONSTRUCTION MATERIALS TESTING
Concrete
ASTM.
C31* C39* C78* C138* C143* CI72* el73* 092 C231*
C293 C567 C617* CI064*
Aggrel!ates:
ASTM
C29 (40 C70 CI17 Cl27 Cl28 C131 C136 C535
C566 (702 D75*
So!~
ASTM.
D421 D558 D698* D854 Dl140 D1557* D2922* 03017* D4318*
* Site Tests
-tUA~~.~
(A2LACert No 2157-0]) 04i26104
Page ] of I
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5301 Buckeystown Pike, Suite 350 . Frederick~ MD 21704-8373 . Phone: 301-644 3248 . Fax: 301~2 2974
TERMS AND CONDITIONS
SECTION 1 . PARTIES AND SCOPE OF WORK. Rone Engineering
Services, LId, (hereinafter referred to as "Rone") shall include said company or
its particular division, assigns, successors, subsidiary or affiliate performing the
worle "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 Rone'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
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 Rone's work. Rone
shall have no duty or obligation to any third party greater than that set forth in
Rone's proposal, Client's acceptance thereof and these Terms and Conditions,
The ordering of work from Rone, 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, 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. 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, 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 Rone's recommendations. Any re-testing, if deemed
necessary by Rone, or testing due to cancellation of scheduled tests not due to
the fault of Rone, 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 unless Rone's
recommendations have been exactly 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 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
materials, 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 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, 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 suppHer 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 all 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 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 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 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 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 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 TO HAVE IN ANY WAY
RELIED UPON RONE'S WORK, AGREE THAT THE MAXIMUM
AGGREGATE AMOUNT OF THE LIABILITY OF RONE, ITS 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 N-:~FPTANr.E HEREilF
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, ATTORNEY'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 TVVO 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 VOLUNTARIL Y 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 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 goveming 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 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 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 party from such
exposures, regardless of whether such exposure was allegedly arising 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 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 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
nf these Terms "nd Cnnditions 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 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 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 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 ckaims, suits, losses,
causes of action, damages, liabilities, and expenses of any kind w?1atsoever,
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, or alleged to be connected with, the Client's property
or work being performed 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 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
tenders 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 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 gamishment (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, including attorneys fees.
SECTION 19. NOTICE. All lIotices required under this Subt;ontri:ld
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
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