Magnolia Park-CN080220
Rone En~==
. GEOTECHNICAL ENGINEERING
. CONSTRUCTION MATERIALS TESTING
. ENVIRONMENTAL CONSULTING
. FORENSIC ENGINEERING
DALLAS/FORT WORTH
8908 AM8ASSAOOR ROW
DALLAS, TEXAS 75247
TELEPHONE 2' 4-630-9745
TELEPHONE 817-284-13' 8
fACSIMILE 2' 4-630-98 19
HOUSTON
7701 WEST LITTLE YOR K
SUITE 600
HOUSTON. TEXAS 77040
TELEPHONE 7' 3-996-9979
fACSIMILE 7' 3-996-9972
AUSTIN
422' FREIDRICH LANE
SUITE 195
AUSTIN. TEXAS 78744
TELEPHDNE 512-462-2733
FACSIMILE 5'2-462-' 165
...-...../.
.!
~r
February 20, 2008
Mr. Mike Garza
City of Coppell
P.O. Box 9478
Coppell, Texas 75019
Reference: 161 Denton Tap Aggregate Testing
Coppell, Texas
Proposd No. 08-12659
Dear Mr. Garza:
Rone Engineering Services, Ltd. (Ron e) 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 Infonnation 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. Ronels 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
AMRL sample proficiency programs and is currently A2LA & AASHTO accredited as well as
USACE Validated. Rone has experienced personnel to perform the necessary CMT services
in accordance with the project specifications.
By execution of the 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 as . ce, pI se ontact us at your
convenience.
Bit: A21.A Scope
Bit: USACE Validation
Page] of5
February 20, 2008
Proposal~o. 08-12659
RONE ENGINEERING SERVICES, LTD.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
Project:
161 Denton Tap Aggregate Testing
Coppell, Texas
DESCRIPTION Estimated Unit Estimated
Quantity Rate Total
AGGREGATE TESTING
Engineering Technician (hourly) 2.0 $29.00 $58.00
Aggregate Specific Gravity (each) 2.0 $65.00 $130.00
Senior Engineering (hourly) 2.0 $105.00 $210.00
Transportation Charge (trip) 1.0 $15.00 $15.00
Engineering & Report Review (hourly) 0.9 $55.00 $49.50
ESTIMATED BUDGET $462.50
City of Coppell
-i~~
Proposal No. 08-12659
By:
Position:
0: r -I c.A"Q. ~ ~ l " '" -e oPl.A'1-
~/"1-5/'8
Date:
Page 2 of 5
Assumptions
The sampling/testing and observation noted in the proposal estimate represents all the services to be
provided by Rone on this project unless additional services are requested by the client. No other
sampling/testing or observation of any kind is included in this proposal estimate.
LimitatioDs of Authority of RODe
Rone is not authorized to release, revoke, alter or enlarge requirements of the Contract Documents. Rone will
not approve or accept any portion of the work. Rone is providing sampling/testing/observation services as
outlined in this proposal to verify compliance on a random basis at the frequencies indicated. Rone is not
responsible for providing access to areas to be tested/observed unless specifically noted in this proposal. Rone
has no authority to stop and/or reject any work performed on the project. Rone will perform observations of
, ongoing construction, sampling/testing of materials as described in this proposal as requested by our client.
Rone is not responsible for site safety.
Additional services will be provided when required by the Architect/Engineer and authorized by the client.
Page 3 ofS
Clarifications
Rone's office is located at:
8908 Ambassador Row
Dallas, Texas 75247
Phone: 214-630-9745
Fax: 214-630-9819
Dispatch: 214-630-9745 Extension 1170
Rone sampling/testing/observation services must be scheduled through dispatch including
cancellations. Our dispatch is available at the number noted above, Monday through Friday
between the" hours of 7:00am and 5:00pm with the exception of Holidays. Calls received outside
of this time frame will be handled by our voice mail system and will be checked the next
working day morning. It is recommended that you schedule services through our dispatch
during our regular working hours noted above. We require one working day (24 hours)
advance notice for our services. Same day call-ins or after hour voice mail call-ins for work the
following day are subject to the availability of personnel.
Service is not guaranteed for same day call-in's.
Reinforcing Steel Inspections require adequate lighting in order to perform the inspection. The
inspection needs to be scheduled during daylight hours and/or jobsite illumination needs to be
provided by others in order to allow us to perform the required inspection. These inspections
need to be scheduled independently of the concrete inspection.
At your request, Rone's project manager will attend the pre-construction meeting for the
project. Our project manager will answer any relevant questions regarding our service's for the
project at that time. As the project progresses our project manager will be available to answer
any questions you may have concerning our service's.
Three (3) paper copies oftest reports are included for mail distribution as directed by the client
at no additional charge. Additional mail copies of test reports requested and approved by the
client will be charged at $0.45 per page to cover copying and mailing costs. There is no charge
for additional distribution through our e-mail and web distribution system.
Compensation for our services will be based upon the actual sampling/testing/observations
performed in accordance with the unit rates shown. The estimated budget that we have
indicated is approximate and is based on our past experience with projects of similar type and
scope. The estimated budget does not include cancellations/re-testing/re-inspection, and/or any
changes and/or modifications to the contract documents.
Page 4 ofS
Clarifications
IfRone is selected to perform the sampling/testing/observation for the project we will require
the following items in order to perform our services on your project.
Two complete sets of drawings and specifications.
Approved concrete mix designs for the project.
Report distribution list.
In addition, please be sure to add Rone to the distribution list for all addendums and revisions
on the project and notification of pre-construction meetings, where applicable, regarding soils,
piers, concrete, masonry and structural steel.
All time is for a minimum of t NO hours or as noted. Overtime will be charged for all hours worked
before 7:00am and after 5 :OOpm, 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 offield and laboratory personnel will
typically be 0.3 to 0.5 hours per report.
This proposal is valid for sixty days from the listed proposal date.
All Invoices for our services are payable within 30 days with no retainage.
Page S ofS
_ American Association for Laboratory Accreditation
SCOPE OF ACCRED)TATION TO ISOIIEC 17025:2005
RONE ENGINEERING SERVICES, LTD.
8908 Ambassador Row
Dallas, TX 75247'
Jay Canafax Phone: 2146309745
Valid To: May 31, 2008
Certificate Number: 2157.01
In recognition of the successful completion of the A2LA evaluation process, accreditation is granted to
this laboratory for:
CONSTRUCTION MATERIALS ENGINEERING
ASTM: E329 (materials), cIon (concrete), 03740 (soils)
CONSTRUCTION MATERIALS TESTmG
Concrete:
ASTM: C31* C39* C78* C13S* C143* CI72* C 173 * C192 C231*
C293 C567 C617* CI064* C1231
Aggreszates:
ASTM: C29 C40 C70 C1l7 Cl27 C128 C131 Cl36 C535
C566 C702 075*
Soils:
ASTM: 0421 0558 0698* D854 01140 01557* 02922* 03017* 04318*
* Site Tests
(fk'1-
(A2LA Cert. No. 2157.01) 0~/30/06
Page 1- of 1
5301 Buckeystown PIke, Suite 350 . Frederick, MD 21704-8373 · Phone: 301-644 3248 -:Fax: 301-662 2974 EI
~
DEPARTMENT OF THE ARMY
ENGINEER RESEARCH AND DEVELOPMliNT CENTER, CORPS OF ENGINEERS
GEOTECHNICAL AND STRUCTURES LABORATORY
WATERWAYS EXPERIMENT STATION, 3901 HALLS FERRY ROAD
VICKSBURG, ..SSlSSlPPI 39180-8199
October 24, 2007
Reply to the Attention of:
Geotechnical and Earthquake
Engineering Branch
Mr. Dennis Taylor
Rone Engineering Services, Ltd.
8908 Ambassador Row
Dallas, TX 75247
Dear Mr. Taylor:
In reference to your check no. 52297, dated October 15,2007, and audit agreement, dated
October 18,2007, a desk audit was performed on documents submitted by your laboratory. We
examined the AMRL On-site Assessment Report No. 460M, dated December 4, 2006, the CCRL
Inspection Report No. M-620, dated February 22, 2005 and the AASHTO accreditation certificate
effective June 23. 2003.
Your Quality System meets the requirements of the U.S. Army Corps of Engineers. The material
test methods that you are validafed to perform for the u.s. Army Corps of Engineers were determined
from the inspection reports from AASHTO and are as follows:
Aggregate Tests: ASTM C40, C117, C127, C128, C136, C29, C566, and C702.
Concrete Tests: ASTM C31, C39, C138, C143, C172, C173, C231 , C511, C1064, C1077, and
C1231.
Soli Tests: ASTM 0421, 0558,0698,01140,01557,02922,03017,03740, and 04318.
We will add your laboratory to the list of commercial laboratories qualified to conduct material
tests for the U.S. Army Corps of Engineers, see the Materials Testing Center homepage at
htto:/Iwww wes.armv.miIlSUMTC/mtc.hbn. All Corps offices will be notified of this decision and will have
the opportunity to use your services. Rone Engineering Services, Inc., Dallas, TX will remain on our list of
laboratories qualified to conduct material tests until October 18,2009 two (2) years from the date of the
audit.
Sincerely,
.#
y1or. P.E.
aterlals Testing Center
Copy Furnished:
Mr. Mike Zalesak, Fort Worth District
TERMS AND CONDITIONS
SECTION 1: PARTIES AND SCOPE OF WORK: Rone Engineering
Services, ltd. (hereinafter referred to as "Rone") shalllnclud.e said company or
ts particular division, assigns, successors, subsidiary or affiliate performing the
NOrk. "Work" (whether such term Is capitalized or not) means the specific
~eotechnlcal, analytical, testing or other service to be performed by Rone as
;et forth in Rone's proposal and these Terms and Conditions. Additional work
Jrdered by Client shall also be subject to these Terms and Conditions. .Cllenr
'efers to the person or business entity ordering the work to be done by Rone.
;f ClIent Is ordering the work on behalf of another, Client represents and
Narrants that It Is the duly authorized agent of said party for the purpose of
Jrderlng and directing said work. Unless otherwise stated in Wlitlng, Clent
3SsumeS sole responslbll1ty for determining whether the quantity and the
,ature of the work ordered by the client Is adequate and sufficient for Client's
ntended purpose. Client shall communicate these Terms and Conditions to
3ach and every third party to whom Client transmits any part of Rone's work.
~one shaD have no duty or obligation to any third party greater than that set
'orth in Rone's proposal, Client's acceptance thereof and these Terms and
:ondltlons. The ordering of work from Rone, or the reliance on any of Rone's
NOrk, shaD constitute accsptarice of the terms of Rone's proposal and these
ferms and Conditions, regardless of the terms of any subsequently Issued
:locumenl If unexpected site conditions are discovered, the scope of work
nay require additional services even as the work Is in progress. Rone will
)rovide these additional services at Its normal schedule rate. Initiation of .
.ervlces by Rone for client wHl automatically Invoke and be performed subject
o these Terms and Conditions. Rone's duties and obligations for any Work
Jerformed Is to Client only. If Client chooses to charge any third party for any
IVOrk performed hereunder, Client is solely responsible for assessing such
~arges against said third partles. Rone assumes no duty or obligation to
)ursue such charges against any third party other than Client and Client
'emalns solely responsible to Rone, regardless of the reimbursable or non-
'eimbursable status of the charges.
SECTION 2: ACCESS TO SITE: Client will arrange and provide such access
.__n.Jh-L..,j!"'_'-'1.l'Ln'"l'_Fl'~SR(:'J. .for.RI'..".f'. ~.n,.. Pf-l.lfmm...tI1e: wor:k:.-,~-".nlt:-t:ike--,
'easonable measures and preCautions to minimize damage to the site and any
mprovements located thereon as the result of Its work or the use of its
!qulpment; however, Rone has not Included in Its fee the cost of restoration of
famage which may occur and shall have no obligation to perform any sucl1
'estoratlon work. If Client desires or requires Rone to restore the site to its
'orrner condition, upon Wlitten request Rone will perform such additional work
IS Is necessary to do so and Client agrees to pay to Rone for the cosl
SECTION 3: TEST AND INSPECTIONS: Client shall cause all tests and
nspectlons of the site, materials and work performed others to be timely and
)roperly performed In accordance with the plans, specifications and contract
locuments and Rone's recommendations. Any re-testing, if deemed
lecessary by Rone, or testing due to cancellation of scheduled tests not due to
he fault of Rone, are outside the scope of work hereunder and will be provided
o Client for an additional charge at Rone's normal rates. No claims for loss,
lamage or injury shall be brought against Rone by Client or any third party
/Oless all tests and inspections have been so performed and unless Rone's
ecommendatlons have been exactly followed. Client agrees to indemnify,
lefend and hold Rone, Its officers, employees and agents harmless from any
Ind an claims, suits. losses, costs and expenses, Including, but not limited to,
:ourt costs and reasonable attorney's fees In the event that all such tests and
nspecl:lons are not so performed or Rone's recommendations are not so
ollowed.
lECTION 4: CUENT'S DUTY TO NOTIFY ENGINEER: Client represents
Ind warrants that it has advised Rone of any known or suspected hazardous
nateriais, utility lines and pollutants at any site at which Rone is to do work
lereunder, and unless Rone has specifically assumed in writing the
esponslblllty of Iocsting subsurface objects, structures, lines or conduits, Client
Igree5 to defend, Indemnify and save Rone harmless from all claims, suits,
JSses, costs and expenses, Including reasonable attorney's fees, incurred as
I result of personal Injury, death or property damage resulting to or caused by
:ontsct with subsurface or latent objects, structures, lines or conduits where
he actual or potential presence and location thereof were not specifically
evealed to Rone by Client.
IECTION 5: RESPONSIBIUTY: Rone's work shall not include determining,
.upervislng or implementing the means, methods, techniques. sequences or
Irocedures of construction. Rone shall not be responsible for evaluating,
sporting or affecting job conditions concerning health, safety or welfare.
~one's work or failure to perform same shall not in any way excuse any
:ontractor, subcontractor, laborer or supplier from performance of Its work in
accordance with ths contract documents. Rone has no right or duty to stop
any contractor's work.
SECTION 8: SAMPLE DISPOSAL: Unless otherwise agreed In writing, test
specimens or samples wHl 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 Cllenl
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 maxinum Interest rate permitted under applicable law), unt" paid. Client
agrees to pay Rone's cost of coUectlon of all amounts due and unpaid after
slxty (60) days, Including court costs and attomey'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 B: 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 DElJREE OF CARE
. 'ANEl.'Si<ttt:.O"Rj'jil'Wttt:l~1Sctl1:mOER'51MltAf<'Crr-<<;tllVR)'TKi~\7e~-
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, Irs 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, 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 TWO YEARS AND ONE DAY
AFTER THE CESSATION OF RONE'S WORK HEREUNDER. LIMITATIONS
ON LIABILITY AND INDEMNITIES IN THIS AGREEMENT ARE BUSINESS
TlIItTIII & Conditions Dated August 20, 2004
Page 1 of2
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
ECTlON 10: HAZARDOUS MATERIALS INDEMNITY: The Client of Rone is maintained by Rone or assumed by Client. Rone in its sole discretion
_~IJbJt Ralleha", neithflr (,.l'fIIlItiI...DQU;ODtd~,.t9Jb"JDitlRIl.2!: - a~ at .its sole op~ion '"!:I~~d~~ _a~_~!.~~_ of the ,ind~~~~~~s.~! tender.t~,:~..~;.
,. dstence of'anyhaZardoijs, 'ra(tlOactlv8, toxiC,rrritant, pollutant, Or otheiWIse ~fi8iirfI'i86iiel\lie Ufany ur an OJ Diell)~l:lIl'ii'illii~,i'a"If'I>i. ....jKi".sYch.teridef Dy ":'.",
mgerous substanCe or condition at the site. Accordingly, except as expressly Rone to Clle~t, Client shall be b.ound and obligated to assume !he defense of '.:'
'ovlcled In this contract, the Client waives any claim against Rone and agrees Rone in the In~mnlfied c1ains, .,"cludlng the settlement negotiations, and shall :.
indemnify and save Rone, its agents, and employees harmless from any pay, liquidate, discharge and satisfy ~ny and an settlements, judgme.nts, ~rds
aim, Ilabirlty or defense cost, Including but not limited to attomey fees and or expenses resulting from or arising out of the Indemnified clams .wlthout
her Incidental costs, for injury or loss sustained by any party from such reimbursement from Rone.. It Is unders~od and agreed b~ Cflen~ that lfRonfl
cposures, regardless of whether such exposure was allegedly arising out of tenders the defense of an Indemnified claIm to Client and Client falls or neglects
. related to Rone's performance of services hereunder 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
ECTION 11: TERMINATION: This Agreement may be terminated by either for the amount expended by it in settling or compromising any such claim, or in
irty upon seven (7) days written notice In the event of substantial failure by the amount expended by Rone in paying any Judgment rendered therein,
e other party to perform in accordance with the terms hereof. Such together with all reasonable attomeys' fees and cost of litigation incurred by Rone
rmlnation shaH not be effective if that substantial failure has been remedied by reason of its defense, seltlement or compromise of such indemnified claims.
rlore expiration of the period specified In the written notice. In the event of
rmlnatlon, Rone shall be paid for sei'vlces performed to the termination notice
Jte plus reasonable termination expenses. Expenses of termination or
Jspansion shall Include all direct costs of Rone required to complete analyses
ld records necessary to complete its files and may also include a report on
e services performed to the date of notice o',f termination or suspension.
ECTlON 12: PROVISIONS SEVERABLE: The parties have entered into this
Jreement in good faith, and It Is the specific intent of the parties that the terms
: these Terms and Conditions be enforced as written. In the event any of the
'ovlslons of these Terms and Conditions should be found to be
lenforceabla, it shall be stricken and the remaining provisions shall be
lforceable.
NDER6TANDINGS BElWEEN THE PARTIES VOLUNTARILY AND
NOWINGLY ENTERED INTO, AND SHALL APPLY TO ALL THEORIES OF
ECOVERY INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT,
fARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT OR STATUTORY
ABILITY, OR ANY OTHER CAUSE OF ACTION, EXCEPT FOR WILLFUL
ISCONDUCT OR GROSS NEGLIGENCE. THE PARTIES ALSO AGREE
-tAT CLIENT WILL NOT SEEK DAMAGES IN EXCESS OF THE
MITATlONS INDIRECTLY THROUGH SUITS WITH OTHER PARTIES WHO
AY JOIN RONE AS A THIRD-PARlY DEFENDANT. PARTIES MEANS
L1ENT AND GEOTECHNICAL ENGINEER AND THEIR OFFICERS,
MPlOYEES, AGENTS, AFFILIATES, AND SUBCONTRACTORS.
ECTlON 9: HAZARDOUS MATERIALS: Nothing contained within this
Jreernent shall be construed or interpreted as requiring Rone to assume the
atus of an owner, operator, generator, storer, transporter, creator, or disposal
ciUty as those terms appear within RCRA or within any Federal or State
atute or regulation governing the generation, transportation, treabnent,
orage and disposal of polutants. Client assumes tul responsibility for
lITIpliance with the provisions of RCRA and any other FedeOJI or State statute
, regulation governing the handling, treabnent, storage and disposal of
>lIutants. It shall be the duty of the owner, the client, or their representative to
ivise Rone of any known or suspected hazardous substances which are or
ay be related to the services provicled; such hazardous substances include
Jt are not limited to products, materials, by-products, wastes or samples of
e foregoing which Rone may be provided or obtain performing its Work or
hlch hazardous substances exist or may exist on or near any premises upon
hlch work is to be performed by Rone employees, agents or subcontractors.
Rone observes or. suspects the existence of unanticipated hazardous
aterlals during the course of its Work, Rone may at its option terminate
rther work on the project and notify Client of the condition. Work will be
:sumed only after a renegotiation of scope of serviCes and fees. Rone does
>t create, generate or at any time own or take possession or ownership of or
'r3nge for transport, disposal or treabnent of hazardous materials as a result
'Its Work.
ECTlON 13: ENTIRE AGREEMENT: These Terms and Conditions and
one's proposal constitute the entire understanding of the parties, and there
'e no representations, warranties or undertakings made other than as set
rth herein. This agreement may be amended, modified or terminated only In
ritlng, signed by each of the parties hereto.
ECTION 14: OWNERSHIP OF DOCUMENTS: All reports, boring logs, field
ita, field notes, laboratory test data, calculations, estimates, and other
)cuments prepared by Rone as Instruments of service, shan remain the
.operty of Rone unless there are other written agreements to the contrary.
ECTION 18: ASSIGNS: Client may not delegate, assign, subcontract or
ansfer .. duties (including payment) or interest In this agreement without the
ritten consent of Rone.
SECTION 1&: INDEMNIFICATION: To the Mest 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 aU claims, suits, losses,
causes of action, damages, IIabilltles, and expenses of any kind whatsoever,
including without limitation, an expenses of litigation and arbitration, court costs,
and attomey's fees, arising on account of or in connectiQn with injuries to or the
death of any person whomsoever, claims for damages from any third party, or
any and all damages to property (Ineludlng the Ioss.of use theraof), 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 entitles
other than Rone, or are caused ill 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, AK'f ACT, ERROR,
OMISSION, OR NEGLIGENCE OF ReNE 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 obflgations 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 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 attomeys fees.
SECTION 19: NOTICE: All notices required under this 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
appfacable lew and shall not be void.
IITllS & CondItions D8Iecl AuglJll: 20, 2004
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