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WA9601B-CS 990719 9~00 King Aahur Ddva Phone 214/631-4372 Fax 214/631-4380 July 19, 1999 ,~q,,',~a/ Propo al PO017 Mr. Joe Velasquez "x(D J~ ' /' ~'~ Fox Constructors P.O. Box 951 Midlothian, TX 76065 Re: Flowable Fills Evaluation Asphalt Road Sandy Lake Road and Shadydale Lane Coppell, Texas Dear Mr. Hendficks: StanTech Engineering Company (StanTech) is pleased to submit the following cost estimate and scope of work for the geotechnical engineering services for the above referenced project. The scope of our work is based upon our review drawing and specifications. This submittal to Fox Constructors is at the request of the City of Coppell following a May 25, 1999 submittal to the City of Coppell c/o Shimek Jacobs & Finklea, LLP Consulting Engineers. INTRODUCTION The drawings and specifications for the subject underground utility project indicates that flowable fill be placed around the water line and as a base under the asphalt road located at the intersection of Sandy Lake Road and Shadydale Lane in the city of Coppell, Texas. According to the NTCOG construction specification referenced, the unconfined compressive strength of flowable fill placed should be a minimum of 250 pounds per square foot after 28 days with a plasticity index less than 12 and 100% passing a %-inch sieve. The material placed in the referenced location reportedly lacked a moisture content which would allow the material to be considered flowable and therefore was not sampled and tested to verify compliance with the project specifications. In order to determine whether the material placed meets the strength requirements of the NTCOG specification, StanTech proposes to conduct geotechnical sampling of the soil, perform laboratory testing, evaluate the flowable fill soils and develop our findings and recommendations. July 19, 1999 StanTech Engineering Co. Proposal P0017 Dallas, Texas Fox Constructors Page 2 FIELD EXPLORATION AND SAMPLING StanTech will evaluate the flowable fill soil conditions by conducting three (3) soil borings to a maximum depth of 6 feet. The purpose of soil borings is to conduct laboratory testing to evaluate the soil conditions and unconfined compressive strength. Sampling StanTech will obtain samples by means of 3.0-inch nominal diameter seamless steel Shelby tubes in general accordance with ASTM D 1587, Standard Practice for Thin-Walled Tube Sampling of Soils. Samples will be obtained continuously from the surface to the completion of the boring depths. Sample Handling and Field Logging All samples will be visually identified and logged in the field. The general procedures of ASTM D 2488, Standard Practice for Identification of Soils (Visual-Manual Method) will be utilized in this process. Samples will be sealed in moisture-proof containers and transported to our laboratory for further. analysis and testing. LABORATORY TESTING General The laboratory testing program will be directed primarily toward evaluation of physical and engineering characteristics of the subsurface soils as described below: Laboratory Tests Unconfined compressive strength of nine (9) cohesive soil samples will be measured in accordance with ASTM D 2166 testing procedures. Three (3) Atterberg Limits tests will be performed in accordance with ASTM D43 18 testing procedures. One (1) % passing %-inch sieve will be performed in accordance with ASTM D 1140 testing procedures All samples will be examined and classified in the laboratory in general accordance with ASTM D 2487, Standard Test Method for Classification of Soils for Engineering Purposes, in preparation of final logs of borings. ENGINEERING EVALUATION REPORT: We will transmit two original copies of our written engineering evaluation report. This report will include the items described above as well as our engineering evaluation and recommendations of the flowable fill soil conditions. July 19, 1999 StanTech Engineering Co. Proposal P0017 Dallas, Texas Fox Constructors Page 3 The final report will be prepared and approved by a StanTech geotechnical engineer. We anticipate that the written report will be provided to you within a week of completion of the field exploration and laboratory testing. BUDGET AND AUTHORIZATION: EXHIBIT I presents a total cost estimate of $1,390.00 for the work. Final charges will be based on the actual work quantities and our general fee schedule, Exhibit II, and may be more or less than the estimated amount. However, we will not exceed this estimated cost without your prior approval. You may authorize the work by returning one fully executed copy of the attached service agreement, EXHIBIT III. StanTech can mobilize to the project site to commence field investigation, within ten working days of the receipt of authorization to proceed. We will make every possible effort to accelerate the schedule as needed. We appreciate the opportunity to provide this proposal and we look forward to working with you. If you have any questions, please contact the undersigned at (214) 63 1-4372. Yours very truly, StanTech Engineering Co. eter M. Shau, P.E. Ken'-a~ha~nsen, P.E. Manager Senior Engineer Attachments PS/ps cc: Kenneth Griffin, City of Coppell Larry Davis, City of Coppell P:\ S hi mekXProposalXP0017B. doc EXHIBIT ! Scope of Services and Cost Estimate 24-May-99 Geotechnical Investigation Asphalt Road Sandy Lake Road and Shadydale Lane Coppell, Texas Proposal P0017 Estimated Unit Service Quantity Units Price .Cost Field Exploration and Sampling: Project ManagedCoordinator 1 hours S90.00 $90.00 Mobilization S200.00 Drilling and Sampling 3 Borings to a depth of 6 feet in the construction areas S250.00 Trip Charge 2 trip S25.00 S50.00 Subtotal $590.00 Laboratory Testing: Atterberg Limits Tests 3 each $45.00 $135.00 % passing 3/4-inch sieve 1 each S25.00 $25.00 Unconfined Compressive Strength 9 each S30.00 S270.00 Subtotal $430.00 Engineering Studies and Report: Project Manager Specification and drawing review 1 hours $90.00 $90.00 Engineering Analyses I hours $90.00 $90.00 ReporIing 1 hours $90.00 $90.00 Dra~er (CADD) (plan of borings) and bodng logs 1 hours $50.00 $50.00 Copy and Facsimile 1 job $50.00 $50.00 Subtotal $370.00 TOTAL $1,390.00 Estimated $1,390.00 StanTech Engineering Co. Dallas, Texas P:\99\Shimek\Proposal\P0017cost STANTECH ENGINEERING COMPANY AGREEMENT FOR SERVICES Project: Flowable Fill Evaluation Client: Fox Constructors Sandy Lake Road Water Line Project Location (site): Near Intersection of Sandy Lake Road and Client Project Number: Shadydale Lane, Coppell, Texas STE Project Number: Proposal No: P0017 Owner (if different from Client) Date: July 19, 1999 Owner Project Number This contract is by and between: Mail Invoices to: Fox Constructors Fox Constructors P.O. Box 951 P.O. Box 951 Midlothian, Texas 75065 Midlothian, Texas 75065 (the "CLIENT") and Address Project Correspondence to Client Representative: StanTech Engineering Company Joe Velasquez 9200 King Adhur Dr. Dallas, Texas 75247 Authorized STE Project Representative: ("STE") EIN: 75-233081 8 Kenneth J. Johansen, P.E., Senior Engineer CLIENT hereby engages STE to provide the services set forth in PART I, at the project described herein ("Projscf'). CLIENT agrees to pay STE charges invoiced by STE for services rendered on the Project in accordance with PART II and to be bound by the standard terms and conditions contained herein. The parties agree: PART I - Scope of Work (attach "Exhibit I" if more space is required) Perform Soil Bodngs, soil sampling, laboratory analysis, and evaluation and reporting in accordance with the the Scope of Services presented in StanTech Proposal No. P0017, "Flowable Fills Evaluation - Asphalt Road - Sandy Lake Road and Shadydale Lane - Coppell, Texas, dated July 19,1999. PART II - Fee (attach "Exhibit I1" if more space is required) The fee will be in accordance with Table 1 "Cost Estimate" of StanTsch Proposal No. P0017, dated July 19, 1999. The CLIENT agrees to pay STE's invoices upon receipt. Should payment not be received within 30 days of invoice date. the CLIENT agrees to also pay a service charge of 1.5 percent per month or 18 percent per annum and the costs of collection, including reasonable attorneys' fees. If 1.5 percent per month exceeds the maximum allowed by law the service charge of 1.5 percent will automatically be reduced to the maximum legally allowed. Paymenl of the invoice shall constitute final approval of all aspects of the wed performed to date by STE. If CLIENT has any objection to any of STE's invoices, CLIENT must so advise STE in writing giving the reasons for such objections within 14 day~ of receipt by the CLIENT of such invoice. If Ihe Projecl is terminated in whole or in pad, then STE shall be paid by the CLIENT for all services performed prior to STE's receip of written notice of such termination, including STE's reimbursable expenses, and STE's actual and reasonable shut-down costs. Disclosure of Hazardous and Toxic Material and Conditions at the Project. (check one) CLIENT is not aware of any hazardous wastee or substances, toxic materials or conditions or petroleum products (''Hazardous Materials") existing st the site of the Project, EXCEPT (elect that which is applicable) [] None [] Petroleum Fuels Only [] Those Items Described(attach "Exhibit IIr' if more space is required): CLIENT StanTech Engineering Company Signature Signature Name Name Carl R. Kin,q, P.E. Title Title Vice President Date Date STANTECH ENGINEERING COMPANY STANDARD TERMS AND CONDITIONS StanTech Engineering Company, herein "STE', as an independent consultant, agrees to provide to the "CLIENT" the services described in the Scope of Work pursuant 1o the following Standard Terms and Conditions which constitute a part of this Agreement: ARTICLE 1. SERVICES BY STE: a. STE will perform the services to be provided by STE pursuant to this A~/reement in accordance with generally accepted engineering principles and practices of performance by professionals of ordinary skill existing al the time of performance under similar conditions for the locality where the services are to be performed. STE will reperform any of its agreed services not meeting this standard without additional compensation. The CLIENT hereby acknowledges that the Project involves cedain inherent risk factors (such as limitations on laboratory analyticel methods, variations in subsurface conditions and the like) which may adversely affect the results of the Project, even though the services are performed with such care and skill. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED. The Scope of Work cannol be changed, altered or amended, except by written agreement signed by STE. b. STE's personnel may be present, either full or part time, to provide observation and field testing of specffic parts of the Project in accordance with the Scope of Work set out herein. Should a contractor be involved in the Project, STE's work does not include supervision or direction of the work of the contractor, its employees or agents, and Ihe presence of STE's field representatives and any observation or testing by STE will not excuse the contractor in any way for the acts or omissions of the contractor. It is agreed that STE will not be responsible for job or safety on the Project, STE will not assume control of or responsibility for the Project, STE will not undertake the responsibility for reporting to any public agencies any conditions on the Project except in these instances where STE is required by law 1o so notify govemmental agencies of potential dangers or contamination. The CLIENT agrees to notify the appropriate federal, state or local public agencies as required by law and disclose, in a timely manner, any information that may be necessaryto prevent any danger to health, safety or the environment or as may be otherwise necessary concerning the Project. c. Field tesl or boring locations described in STE's report or shown on sketches are based on information furnished by others or eslimates made in the field by STE personnel. Such dimensions, depths or elevations are approximations and are not warranted to be exact. d. STE will maintain during the performance of the services by it under this Agreement, if reasonably available, (i) statutory Workers' Compensation liability coverage and (it) Comprehensive General Liability insurance coverage in policy amounts of not less than One Million Dollars ($1,000,000.00). ARTICLE 2. THE CLIENTS RESPONSIBILITIES: a. CLIENT has obtained access and right of entry to the Project and hereby grants free access and right of entry to the Project to STE, its agents, staff, consultants and contractors or subcontractors, for the purpose of performing all acts, studies and research, including without limitation the obtaining of samples and the performance of tests and evaluations, pursuant to the Scope of Work. b. CLIENT represents that CLIENT possesses all necessary permits and licenses required for the performance of the services to be provided by STE under this Agreement and for the continuation of CLIENT and STE's activities at the Project. c. CLIENT will furnish or sausa to be furnished such repeals, data, studies, plans, specifications, documents and other information deemed necessary by STE for the proper performance of STE's services pursuant to this Agreement. STE may rely upon documents provided by the CLIENT in parforming the services required under this Agreement; however, CLIENT-provided documents will remain the property of the CLIENT. All documents, including, but not limited to, drawings, specifications, repeals, boring logs, field notes, laboratory test data, calculations and eslimates prepared by STE as part of the service, pursuant to this Agreement, will remain STE's exclusive property. CLIENT agrees thai all documents of any nature furnished to CLIENT or CLIENTs agents or designees, if not paid for, will be returned upon demand and will not be used by CLIENT for any purpose whatsoever. CLIENT furlher agrees that under no circumstances will any documents produced by STE pursuant to this Agreement be used at any location or for any project not expressly provided for in this Agreement without STE's prior written consent. If CLIENT uses all or any portion of STE's work on another project without STE's written permission, CLIENT shall defend, indemnify and hold STE harmless from any and all claims arising from such unauthorized use. No part of any document STE delivers to CLIENT shall be reproduced or distributed, whether for advertising or any other purpose, without STE's wrffien consent. d. The CLIENT grants to STE a lien on the Project for the cost of all services, expenses and attorney fees provided herein, which lien may be enforced in accordance with the provisions governing mechanic's and materialmen's liens. e. CLIENT is respensibleforaccuratelydelineating the locations of all subterranean conditions, including utilities. STE will take reasonable precautions to avoid known subterranean conditions which are dangerous. f. CLIENT agrees to provide STE with continuing information as it becomes available to the CLIENT of any hazardous conditions or petroleum products on or under the Project. ARTICLE 3. SAMPLES: a. At Client's written request, STE will maintain non-hazardous preservable test samples and specimens or the residue therefrom for 30 days after the repod date free of storage charges. Upon written request, STE will retain test specimens or samples for a mutually acceptable storage period and charge; at which time STE at its sole option may return samples to CLIENT or dispose of the samples. The CLIENT will not hold STE responsible or liable for any loss of test specimens or samples after the initial 30 days. b. In the evenl that samples conlain substances or constituents that may be considered hazardous or detrimental to health, safety, or the environment as defined by federal, state or local laws, roles, regulations, or ordinances, STE will after completion of lasting and at CUENTs expense (i) return such samples to CLIENT, or (i~ at the Client's written request and using a manifesl signed by the CLIENT as generator, the CLIENT may arrange with a transporier for transport for disposal or treatment of such samples to a location selected by the CLIENT. c. CLIENT agrees to pay all costs plus a reasonable handling charge associaled wilh the slorage, transport and disposal of samples. The CLIENT recognizes and agrees Ihat STE does not own or assume title Io such samples. All such samples are considered owned and possessed by the CLIENT. ARTICLE 4. PUBLIC LIABILITY: In the event any third party brings suit or has a claim for bodily or personal injury, death, property damage, claims, losses, expenses or damages of any kind or description arising out of or in any way related to Ihe Project orthe Agreement, the CLIENT and/or STE will each defend its respective interests, shareholders, directors, officers, employees and contractors and pay its own cosIs of litigation. ARTICLE 5. LIABILITY TO CLIENT: STE's total liability to the CLIENT for any claim, including but not limited !o personal injup/, death, property damage, claims, losses, expenses or damages of any kind arising out of or related to !he Project or this Agreement shall not exceed $50,000 or the amount of the Fee received by STE under Ihis Agreement, whichever is grsaler. The limitation may be raised if CLIENT agrees to a surcharge equal to 4% of the Fee as set forth in Exhibit "11". ARTICLE 6. ENVIRONMENTAL LIABILITY: it is understood that STE is not now and will not become under the terms, conditions or performance of this Agreement a handler, generator, operator, Ireater, storer, transperter or disposer (collectively "Disposer") under any federal, slate or local environmental law or regulation, including but not limited to the Resource Conservation and Recovery Act of 1976 and the Comprehensive Environment Response Compensation and Liability Act, each as amended (collectively "Environmental Laws") and !he CLIENT agrees to defend, hold harmless and indemnity STE and its officers, directors, employees and shareholders from and against STE's exposure to undisclosed Hazardous Malerials, and any and all claims, liabilities, losses, damages, causes of action, penalties, fines, cosIs and expenses including but not limited to attorney fees (colledively 'Claims") resufiing from or in cennection with CLIENTS violation of any terms, conditions and provisions of this Agreement, CLIENTS presence at or actions in connection with the Project, the CLIENTS or any other parly's violalion of any Environmental Laws, as well as any and all Claims that STE is a Disposer. ARTICLE 7. ASSIGNMENT: Neither the CLIENT, nor STE may delegate, assign, sublet or transfer its respective duties, benefits or interests in this Agreement including but not limited to reports, recomroendations and data without the prior written consent of the non-assigning party, arising out of the work, except STE may retain the sentices of subcontractors to assist STE in parrormanca of this Agreement, ARTICLE 8. TERMINATION: This Agreemenl may be terminated by either party on wrffien notice to the other party. if this Agreement is terminated, STE will be paid in full for all services performed lhrough the terminalion dale, in addition to STE's reasonable shut-down costs. ARTICLE 9. FORCE MAJEURE: STE is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable conlrol of STE. ARTICLE t0. NO THIRD PARTY BENEFICIARIES: This Agreement gives no dghts or benefits to anyone other than the CLIENT and STE and this Agreement has no third party beneficiaries. ARTICLE 11. SURVIVAL: All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating !he responsibility or liability belween CLIENT and STE shall sunfive the completion of the sentices and the termination of this Agreement. ARTICLE 12. INTEGRATION: This Agreement and the documents attached hereto and which are incorporated hersin constitute the entire agreement between the parties and cannot be changed or amended except by a written instrument signed by all parties hereto. ARTICLE 13, GOVERNING LAW AND VENUE: This Agreement shall be governed in all respecls by the laws of the State of Texas. Each of the padies hereto shall only enforce a claim arising out of this Agreement in the appropriale state or federal court having subject and personal jurisdiction located in Dallas, Texas. For purposes of any action or proceeding instituted with respect Io any such claim, all of the parties hereto irrevocably submit to the jurisdiction of such courts and irrevocably consent to service of process out of such courts by mailing a copy of the summons and complaint. by certified mail, return receipt requested. postage prepaid to each party at the address provided for such party in this Agreement. ARTICLE 14. INDEPENDENT CONTRACTOR: In performing services under this Agreement, STE shall operate as, and have the status of, an independent contractor and shall nol act as or be an employee of the CLIENT. ARTICLE 15. NOTICE: Notices shall be sufficiently given if either physically delivered or sent by certffied mail, postage prepaid, to each of the parties at the address noted for such party in the introductory paragraph of this Agreement, or such other address as shall be furnished in writing by either party.