10-016 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. N"9,-016
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION
MATERIALS TESTING, BETWEEN RONE ENGINEERING SERVICES,
LTD.AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper,Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, a Professional Services
Agreement for Construction Materials Testing between Rone Engineering Services, Ltd. and the
Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 9th day of February, 2010.
...............
Yty
Ray Smith, W ayor Pro-Tem
ATTEST TO:
attliew D. Denton, TRMC
Town Secretary N
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qua y,
C
ftone Engineering
ii'',Ilhtll"�III�I�I 1111191 � I I I II i Milo I
GEOTECHNICAL ENGINEERING September 21,2009
CONSTRUCTION MATERIALS TESTING Revised: January 27,2010
Revised: February 4, 2010
ENVIRONMENTAL CONSULTING
Mr. Wade Harden
FORENSIC ENGINEERING Town of Prosper
407 E.First Street
Prosper, Texas 75078
Reference: Prosper Sports Complex
Prosper, Texas
Proposal No. 09-14826
Dear Mr.Harden:
Rone Engineering Services, Ltd. (Rove) understands that we have been selected based solely
on our qualifications and that Town of Prosper 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. 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
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
DALLAS/FORT WORTH document entitled "Terms and Conditions" has been provided or made available to Client and
8908 AMBASSADOR ROW Client agrees that such Terms and Conditions shall be applied to the present Proposal and
DALLAS,TEXAS 75247 shall be fully binding upon Client. The Terms and Conditions are fully incorporated into this
TELEPHONE 214-630-9745
TELEPHONE 817.284-1318 Proposal by reference as if set forth at length.
FACSIMILE 214-630-9819 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
HOUSTON concerning this proposal or if we can be of further assistance, please contact us at your
7701 WEST LITTLE YORK
SUITE 600 convC.
HOUSTON,TEXAS 77040 R-
.✓ g,
TELEPHONE 713-996-9979 1`l- � l bitted, r
FACSIMILE 713-996-9972
AusT1H 1a: (Campbell fl�.r'ry 1�1� cal�r
4221 FREIDRICH LANE Estimator Vice President
SUITE 195
AUSTIN,TEXAS 78744 aft:A2LA Accreditation
TELEPHONE 512-462-2733 att:AASHTO Accreditation
FACSIMILE 512-462-1155
aft:USACE Validation
Page 1 of 9
September 21, 2009
Revised: January 27,2010
Revised: February 4, 2010
Proposal No. 09-14826
RONE ENGINEERING SERVICES, LTD.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
Project: Prosper Sports Complex
Prosper, Texas
DESCRIPTION Estimated Unit Estimated
Quantify Rate Total
MASS GRADING EARTHWORK
Moisture Density Relationship ASTM D-698 (each) 2.0 $135.00 $270.00
Atterberg Limits ASTM D-4318 (each) 2.0 $45.00 $90.00
Percent Passing#200 Sieve ASTM D-1140 (each) 2.0 $30.00 $60.00
Engineering Technician' (hourly) 32.0 $29.50 $944.00
Engineering Technician Overtime' (hourly) 6.0 $44.25 $265.50
In Place Density Test ASTM D-6938 (each) 60.0 $15.00 $900.00
Transportation Charge(trip) 10.0 $20.00 $200.00
Engineering&Report Review(hourly) 5.2 $65.00 $338.00
BUILDING PAD EARTHWORK
Moisture Density Relationship ASTM D-698 (each) 2.0 $135.00 $270.00
Atterberg Limits ASTM D-4318 (each) 2.0 $45.00 $90.00
Percent Passing#200 Sieve ASTM D-1140 (each) 2.0 $30.00 $60.00
Engineering Technician' (hourly) 61.0 $29.50 $1,799.50
Engineering Technician Overtime' (hourly) 16.0 $44.25 $708.00
In Place Density Test ASTM D-6938 (each) 170.0 $15.00 $2,550.00
Transportation Charge(trip) 24.0 $20.00 $480.00
Engineering&Report Review(hourly) 10.0 $65.00 $650.00
PAVING SUBGRADE EARTHWORK
Moisture Density Relationship ASTM D-698 (each) 3.0 $135.00 $405.00
Atterberg Limits ASTM D-4318 (each) 3.0 $45.00 $135.00
Percent Passing#200 Sieve ASTM D-1140 (each) 3.0 $30.00 $90.00
Engineering Technician' (hourly) 106.0 $29.50 $3,127.00
Engineering Technician Overtime' (hourly) 26.0 $44.25 $1,150.50
In Place Density Test ASTM D-6938 (each) 146.0 $15.00 $2,190.00
Lime Pulverization Test(each) 28.0 $15.00 $420.00
Lime Depth Checks (each) 28.0 $15.00 $420.00
Lime Series PI(each) 3.0 $280.00 $840.00
Transportation Charge(trip) 39.0 $20.00 $780.00
Engineering&Report Review(hourly) 18.6 $65.00 $1,209.00
Page 2 of 9
September 21,2009
Revised: January 27, 2010
Revised: February 4, 2010
Proposal No. 09-14826
RONE ENGINEERING SERVICES,LTD.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
Project: Prosper Sports Complex
Prosper, Texas
DESCRIPTION Estimated Unit Estimated
Quantity Rate Total
UTILITIES EARTHWORK
Moisture Density Relationship ASTM D-698 (each) 3.0 $135.00 $405.00
Atterberg Limits ASTM D-4318 (each) 3.0 $45.00 $135.00
Percent Passing#200 Sieve ASTM D-1140 (each) 3.0 $30.00 $90.00
Engineering Technician' (hourly) 48.0 $29.50 $1,416.00
Engineering Technician Overtime' (hourly) 8.0 $44.25 $354.00
In Place Density Test ASTM D-6938 (each) 80.0 $15.00 $1,200.00
Transportation Charge(trip) 12.0 $20.00 $240.00
Engineering&Report Review(hourly) 6.6 $65.00 $429.00
PIER INSPECTION
Concrete Inspection(hourly) 24.0 $29.50 $708.00
Concrete Inspection Overtime(hourly) 6.0 $44.25 $265.50
Concrete Test Cylinders(each) 24.0 $15.00 $360.00
Transportation Charge(trip) 6.0 $20.00 $120.00
Engineering&Report Review(hourly) 1.8 $65.00 $117.00
STRUCTURE CONCRETE
Concrete Inspection(hourly) 76.0 $29.50 $2,242.00
Concrete Inspection Overtime(hourly) 9.0 $44.25 $398.25
Concrete Test Cylinders(each) 76.0 $15.00 $1,140.00
Reinforcing Steel Inspection(hourly) 0.0 $37.00 $0.00
Transportation Charge(trip) 19.0 $20.00 $380.00
Engineering&Report Review(hourly) 5.7 $65.00 $370.50
BUILDING HARDSCAPE AND PAVING CONCRETE
Concrete Inspection(hourly) 168.0 $29.50 $4,956.00
Concrete Inspection Overtime(hourly) 19.0 $44.25 $840.75
Concrete Test Cylinders(each) 224.0 $15.00 $3,360.00
Reinforcing Steel Inspection(hourly) 0.0 $37.00 $0.00
Transportation Charge(trip) 28.0 $20.00 $560.00
Engineering&Report Review(hourly) 16.8 $65.00 $1,092.00
Page 3 of 9
September 21, 2009
Revised: January 27, 2010
Revised: February 4,2010
Proposal No. 09-14826
RONE ENGINEERING SERVICES,LTD.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
Project: Prosper Sports Complex
Prosper, Texas
DESCRIPTION Estimated Unit Estimated
Quantity Rate Total
MASONRY
Engineering Technician' (hourly) 0.0 $29.50 $0.00
Mortar Cubes ASTM C-109,ASTM C-780 (each) 0.0 $12.00 $0.00
Grout Prisms/Cylinders ASTM C-1019 (each) 0.0 $25.00 $0.00
Transportation Charge(trip) 0.0 $20.00 $0.00
Engineering&Report Review(hourly) 0.0 $65.00 $0.00
STRUCTURAL STEEL
Structural Steel Inspection(hourly,min. 5 hours) 5.0 $68.00 $340.00
Transportation Charge(trip) 1.0 $20.00 $20.00
Engineering&Report Review(hourly) 0.5 $65.00 $32.50
ESTIMATED BUDGET $42,013.00
Town of Prosper Proposal No. 09-14826
By:
Position: 11r�6v 4--
Date:
—Date: mm
Page 4 of 9
September 21, 2009
Revised: January 27,2010
Revised: February 4, 2010
Proposal No. 09-14826
RONE ENGINEERING SERVICES, LTD.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
Project: Prosper Sports Complex
Prosper, Texas
DESCRIPTION Estimated Unit Estimated
Quantity Rate Total
ALTERNATE TESTING
CITY OF FRISCO
LIME AND SULFATE TESTING EARTHWORK
Engineering Technician' (hourly) 10.0 $29.50 $295.00
Soil PH Test ASTM D-4972 (4-point series) 0.0 $200.00 $0.00
Soil Sulfates Test(each) 7.0 $100.00 $700.00
Lime Stabilization Series, 3 Point(each) 0.0 $900.00 $0.00
Compressive Strength of Molded Soil-Lime
Cylinders ASTM D-1633 (set of 3) 0.0 $205.00 $205.00
Unconfined Compressive Strength of Cohesive
Soils ASTM D-2166(2-point series)* 0.0 $150.00 $150.00
One-Dimensional Swell or Settlement Potential of
Cohesive Soils ASTM D-4546 (each)* 0.0 $135.00 $0.00
Transportation Charge(trip) 2.0 $20.00 $40.00
Engineering&Report Review(hourly) 2.1 $65.00 $136.50
PERMEABILITY TEST FOR PONDS
Engineering Technician' (hourly) 7.0 $29.50 $206.50
Permeability Test ASTM D-5084 (each) 3.0 $350.00 $1,050.00
Transportation Charge(trip) 2.0 $20.00 $40.00
Engineering&Report Review(hourly) 1.5 $65.00 $97.50
ESTIMATED BUDGET $2,920.50
Town of Prosper Proposal No. 09-14826
Position: CSS ✓!<V��
Date: ' CW
Page 5 of 9
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.
We have estimated sampling/testing and observation quantities for this project based on our past
experience with projects of similar type and scope.
* This estimate is based off the Project Plans and using City of Frisco Specifications.
Soil Testing Frequencies
Mass Grading: 1 density test for every 10000 square feet
Structure Pad: 1 density test for every 5000 square feet
Paving: 1 density test for every 10000 square feet
Sidewalk: 1 density test for every 300 lineal feet
Grade Beam Backfill: 1 density test for every 150 lineal feet
Trench Backfill: 1 density test for every 300 lineal feet alt lifts
Lime Pulverizations: 1 test for every 10000 square feet
Lime Depth Checks: 1 test for every 10000 square feet
If required to be onsite full time, additional charges will apply.
Note: If proofrolling is required there will be an additional charge for this service.
Note: If Rone is not onsite full time we will not be responsible for assuring soils
testing/quantity is in compliance with project requirements.
Alternate Soils Testing Frequencies
Per City of Frisco Specifications
Street Soil Lime PH Test: 1 test for every 600 lineaLfeet
Street Soil Sulfates Test: 1 test for every 600 lineal feet
ASTM D-1633,D-2166,D-4546*: 1 test for every 900 lineal feet
*Note: If hand sampling does not provide soil samples suitable for laboratory testing there will
be an additional $650.00 charge per sample for a mobile drilling rig.
Pier Frequencies
6 days of Pier Drilling with 1 technician
2 Drilling Rigs on site
1 set of 4 concrete test cylinders for every 100 yards
Page 6 of 9
Assumptions
Concrete Frequencies
1 set of 4 concrete test cylinders for every 100 yards
Concrete inspection time is based on delivery of concrete at 50 yards per hour
2 Confirmation cylinders additional
Mortar/Grout Frequencies
1 set of 6 mortar cubes per 5000 square feet
1 set of 4 grout prisms per 5000 square feet
' If required to be onsite full time,additional charges will apply.
3 Full time inspection
Note: Engineering technician time is for sampling of mortar&grout only. For
masonry inspection additional charges will apply.
Structural Steel
Note: If out of town Fabrication Inspection is required there will be an additional
charge for travel.
Project Manager
Note: Requires five working days notice for project review letter,
Limitations of Authority of Rone
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 7 of 9
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 1601
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:OOam and 5:OOpm 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 of test 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 8 of 9
Clarifications
If Rone 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 two hours or as noted. Overtime will be charged for all hours worked
before 7:OOam 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 of field 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 9 of 9
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SCOPE OF ACCREDITATION TO ISO/IEC 17025:2005
BONE ENGINEERING SERVICES, LTD,
8908 Ambassador Row
Dallas, TX 75247
Jay Canafax Phone: 214 6')0 9745
Valid To: May 31,1, 2010 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),C1077 (concrete), D3740(soils)
CONSTRUCTION MATERIALS TESTING
Concrete:
ASTM: C31* C39 C78 C138* C143* C172* C173* C192 C231*
C293 C567 C617 C1064* C1231
ASTM: C29 C40 C70 CI 17 C127 C128 0131 C136 C535
0566 C702 D75*
Soils:
ASTM: D421 D558 D698 D1140 D1557 D4318 D6938*
Site Tests
(A2LA Cert. No- 2157.01)03/25/08 Page 1 of I
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DEPARTMENT OF THE ARMY
ENGWEER RESEARCH AND DEVELOPMENT CENTER,CORPS OF ENGINEERS
GEOTECHNICAL AND STRUCTURES LABORATORY
k , WATERWAYS EXPERIMENT STATION,3909 HALLS FERRY ROAD
VICKSBURG,MISSISSIPPI 39180-6199
September 25; 2009
Reply to the Attention of:
Geotechnical Engineering and
Geosciences Branch
Dennis Taylor
Rone Engineering Services, Ltd,
8908 Ambassador Row
Dallas, TX 75247
Clear Mr. Taylor:
In reference to your check no. 058033, dated September 2, 2009, and audit agreement, dated
September 8, 2009, an audit based on your AASHTO Accreditation was performed on documents
submitted by your laboratory. We examined the AMRL On-site Assessment Report No. 330N, dated
May 4, 2009, the CCRL Inspection Report No. Y-888, dated October 17, 2008 and the AASHTO
accreditation certificate effective September 25, 2009,
Your Quality System meets the requirements of the U-S. Army Corps of Engineers. The material
test methods that you are validated to perform for the U.S. Army Corps of Engineers were determined
from the inspection reports from AASHTO and are as follows:
Aggregate Vests: ASTM C40, C117, C127, 0128, 0136, C29, C88, 0131, 0142, 0535, C566,
0702, and D2419.
Concrete Tests: ASTM C31, Can, 0138, 0143, C172, 0173, C231, C1064, C42, C78, 0174,
C192, 0293, 0511, C805, C1077, 01231, and E329.
Soil Tests: ASTIR D421, D422, D558, D698, DI1407171556, D1 557, D2166, D2216, D24191
D2487, 133740, D4318, D6938, and E329.
We will add your laboratory to the list of commercial laboratories qualified to conduct material
tests for the D.S. Army Corps of Engineers, see the Materials Testing Center homepage at
g n. All Corps offices will be notified of this decision and will have
the opportunity to use your services. Rone Engineering Services, Ltd., Dallas, TX will remain on our list
of laboratories qualified to conduct material tests until September-25, 2011 two(2) years from the date of
the audit.
Sincerely,
Richard W. Peterson, PhD, RE
Research Civil Engineer
Director, Materials Testing Center
Copy Furnished:
.hike Zalesak/Fort Worth District
TERMS AND CONDITIONS
SECTION 1: PARTIES AND SCOPE OF WORK: Rone Engineering accordance with the contract documents. Rone has no right or duty to stop
Services, Ltd.(hereinafter referred to as"Rone")shall include said company or any contractor's work.
its particular division, assigns,successors,subsidiary or affiliate performing the
work. "Work" (whether such term is capitalized or not) means the specific SECTION 6: SAMPLE DISPOSAL: Unless otherwise agreed in writing, test
geotechnical, analytical, testing or other service to be performed by Rone as specimens osamples will be disposed immediately upon completion of the
set forth in Rone's proposal and these Terms and Conditions. Additional work test. All drilling samples or specimens will be disposed sixty (60) days after
ordered by Client shall also be subject to these Terms and Conditions. "Client' submission of Rone's report to Client.
refers to the person or business entity ordering the work to be done by Rone. SECTION 7: PAYMENT: Client shall be invoiced once each month for work
If Client is ordering the work on behalf of another, Client represents and performed during the preceding period. Client agrees to pay each invoice
warrants that it is the duly authorized agent of said party for the purpose of within thirty(30)days of its receipt. Client further agrees to pay interest on all
ordering and directing said work. Unless otherwise stated in writing, Client amounts invoiced and not paid or objected to for valid cause in writing within
assumes sole responsibility for determining whether the quantity and the said thirty(30)day period at the rate of eighteen (18) percent per annum (or
nature of the work ordered by the client is adequate and sufficient for Client's the maximum interest rate permitted under applicable law), until paid. Client
intended purpose. Client shall communicate these General Conditions to each agrees to pay Rone's cost of collection of all amounts due and unpaid after
and every third party to whom Client transmits any part of Rone's work. Rone sixty(60) days, including court costs and attorney's fees. Rone shall not be
shall have no duty or obligation to any third party greater than that set forth in bound by any provision or agreement requiring or providing for arbitration of
Rone's proposal,Client's acceptance thereof and these Terns and Conditions. disputes or controversies arising out of this agreement, any provision wherein
The ordering of work from Rone, or the reliance on any of Rone's work, shall Rone waives any rights to a mechanics' lien, or any provision conditioning
constitute acceptance of the terms of Rone's proposal and these Terms and Rone's right to receive payment for its work upon payment to Client by any
Conditions, regardless of the terms of any subsequently issued document. If third party. These Terms and Conditions are notice,where required,that Rone
unexpected site conditions are discovered, the scope of work may require intends to file a lien to collect past due amounts. Client agrees to provide
additional services even as the work is in progress. Rone will provide these Rone,upon request,all information necessary for Rone to file its lien,including,
additional services at its normal schedule rate. Initiation of services by Rone but not limited to, a legal description of the property upon which the work was
for client will automatically invoke and be performed subject to these Terms performed. Failure to make payment within 30 days of invoice shall constitute
and Conditions. Rone's duties and obligations for any Work performed is to an irrevocable final release of Rone from any and all claims which Client may
Client only. If Client chooses to charge any third party for any work performed have,whether in tort, contract or otherwise, and whether known or unknown at
hereunder,Client is solely responsible for assessing such charges against said the time.
third parties. Rone assumes no duty or obligation to pursue such charges
against any third party other than Client and Client remains solely responsible SECTION 8: WARRANTY: RONE'S SERVICES WILL BE PERFORMED,ITS
to Rone, regardless of the reimbursable or non-reimbursable status of the FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE
charges. WITH ITS PROPOSAL AND THESE TERMS AND CONDITIONS,AND WITH
GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN
SECTION 2: ACCESS TO SITE: Client will arrange and provide such access PERFORMING ITS SERVICES,RONE WILL USE THAT DEGREE OF CARE
to the site as is necessary for Rone to perform the work. Rone shall take AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES
reasonable measures and precautions to minimize damage to the site and any BY MEMBERS OF ITS PROFESSION.THIS WARRANTY IS IN LIEU OF ALL
improvements located thereon as the result of its work or the use of its OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR
equipment; however, Rone has not included in its fee the cost of restoration of IMPLIED. STATEMENTS MADE IN RONE REPORTS ARE OPINIONS
damage which may occur and shall have no obligation to perform any such BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE
restoration work. If Client desires or requires Rone to restore the site to its CONSTRUED AS REPRESENTATIONS OF FACT.
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. SHOULD RONE OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN
NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE
SECTION 3: TEST AND INSPECTIONS: Client shall cause all tests and AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY,
inspections of the site, materials and work performed others to be timely and REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING
properly performed in accordance with the plans, specifications and contract THROUGH CLIENT,AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY
documents and Rone's recommendations. Any re-testing, if deemed RELIED UPON RONE'S WORK, AGREE THAT THE MAXIMUM
necessary by Rone,or testing due to cancellation of scheduled tests not due to AGGREGATE AMOUNT OF THE LIABILITY OF RONE, ITS OFFICERS,
the fault of Rone,are outside the scope of work hereunder and will be provided EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,000.00 OR THE
to Client for an additional charge at Rone's normal rates. No claims for loss, TOTAL AMOUNT OF THE FEE PAID TO RONE FOR ITS WORK
damage or injury shall be brought against Rone by Client or any third party PERFORMED WITH RESPECT TO THE PROJECT,WHICHEVER AMOUNT
unless all tests and inspections have been so performed and unless Rone's IS GREATER.
recommendations have been exactly followed. Client agrees to indemnify,
defend and hold Rone, its officers, employees and agents harmless from any IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT RONE'S
and all claims, suits, losses, costs and expenses,including, but not limited to, LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS
court costs and reasonable attorney's fees in the event that all such tests and PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST FROM CLIENT
inspections are not so performed or Rone's recommendations are.not so RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF,
followed. INCREASE THE LIMIT OF RONE'S LIABILITY TO $250,000.00 BY
AGREEING TO PAY RONE A SUM EQUIVALENT TO AN ADDITIONAL
SECTION 4: CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents AMOUNT OF 10% OF THE TOTAL FEE TO BE CHARGED FOR RONE'S
and warrants that it has advised Rone of any known or suspected hazardous SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A
materials, utility lines and pollutants at any site at which Rone is to do work CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED
hereunder, and unless Rone has specifically assumed in writing the CONSIDERATION FOR THE GREATER LIABILITY ACCEPTED BY RONE.
responsibility of locating subsurface objects,structures,lines or conduits,Client IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY RONE IN
agrees to defend, indemnify and save Rone harmless from all claims, suits, CONNECTON WITH ANY CLAIM SHALL REDUCE THE AMOUNT
losses,costs and expenses, including reasonable attorney's fees,incurred as AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY
a result of personal injury, death or property damage resulting to or caused by PROJECT REGARDLESS OF THE NUMBER OF CLAIMS OR CAUSES OF
contact with subsurface or latent objects, structures, lines or conduits where ACTION ARISING OUT OF THE WORK. CLIENT WAIVES ANY AND ALL
the actual or potential presence and location thereof were not specifically CLAIMS FOR CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES
revealed to Rone by Client. AGAINST RONE ARISING OUT OF OR RELATING TO THE WORK.
SECTION 5: RESPONSIBILITY: Rone's work shall not include determining, NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR
supervising or implementing the means, methods, techniques, sequences or OTHERWISE, MAY BE BROUGHT AGAINST RONE, ARISING FROM OR
procedures of construction. Rone shall not be responsible for evaluating, RELATED TO RONE'S WORK, MORE THAN TWO YEARS AND ONE DAY
reporting or affecting job conditions concerning health, safety or welfare. AFTER THE CESSATION OF RONE'S WORK HEREUNDER. LIMITATIONS
Rone's work or failure to perform same shall not in any way excuse any ON LIABILITY AND INDEMNITIES IN THIS AGREEMENT ARE BUSINESS
contractor, subcontractor, laborer or supplier from performance of its work in
Terms&Conditions Dated August 20,2004 Page 1 of 2
UNU1=KJIHNLAN(o0 =1VVttN Irlt F'APCIIt.I VULUNIHKILT ANU Or-UHUN 10: INUCIvINIri%,A 1 IVIY: lU [ne Hues[ exlelll PelnuC[eU Uy
KNOWINGLY ENTERED INTO,AND SHALL APPLY TO ALL THEORIES OF applicable law, Client expressly agrees to defend (at Client's expense and with
RECOVERY INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, counsel acceptable to Rone), indemnify, and save and hold harmless Rom and
WARRANTY,TORT(INCLUDING NEGLIGENCE), STRICT OR STATUTORY all of its officers, directors, shareholders, employees, agents, successors,
LIABILITY, OR ANY OTHER CAUSE OF ACTION, EXCEPT FOR WILLFUL predecessors and assigns, from and against any and all claims, suits, losses,
MISCONDUCT OR GROSS NEGLIGENCE. THE PARTIES ALSO AGREE causes of action, damages, liabilities, and expenses of any kind whatsoever,
THAT CLIENT WILL NOT SEEK DAMAGES IN EXCESS OF THE including without limitation, all expenses of litigation and arbitration, court costs,
LIMITATIONS INDIRECTLY THROUGH SUITS WITH OTHER PARTIES WHO and attorney's fees, arising on account of or in connection with injuries to or the
MAY JOIN RONE AS A THIRD-PARTY DEFENDANT. PARTIES MEANS death of any person whomsoever, claims for damages from any third party, or
CLIENT AND GEOTECHNICAL ENGINEER AND THEIR OFFICERS, any and all damages to property(including the loss of use thereof),regardless of
EMPLOYEES,AGENTS,AFFILIATES,AND SUBCONTRACTORS. 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
SECTION 9: HAZARDOUS MATERIALS: Nothing contained within this or work being performed on Client's property by Rone or by persons or entities
agreement shall be construed or interpreted as requiring Rone to assume the other than Rone, or are caused in whole or part by reason of the acts or
status of an owner,operator,generator,storer,transporter,creator,or disposal omissions or presence of the person or property of the Client or any of its
facility as those terms appear within RCRA or within any Federal or State employees, agents, representatives, subcontractors, or suppliers, INCLUDING,
statute or regulation goveming the generation, transportation, treatment, WITHOUT LIMITATION, INJURIES, DEATH, OR DAMAGES WHICH ARISE
storage and disposal of pollutants. Client assumes full responsibility for FROM OR IN CONNECTION WITH,OR ARE CAUSED BY,ANY ACT,ERROR,
compliance with the provisions of RCRA and any other Federal or State statute OMISSION, OR NEGLIGENCE OF RONE AND ITS OFFICERS, DIRECTORS,
or regulation governing the handling, treatment, storage and disposal of SHAREHOLDERS, EMPLOYEES, AGENTS, CLIENTS, OR SUPPLIERS; BUT
pollutants. It shall be the duty of the owner,the client,or their representative to EXCLUDING INJURIES, DEATH, OR DAMAGES CAUSED BY THE SOLE
advise Rone of any known or suspected hazardous substances which are or NEGLIGENCE OR WANTON AND WILLFUL MISCONDUCT OF RONE. The
may be related to the services provided; such hazardous substances include indemnification obligations shall not be limited in any way by any limitation on the
but are not limited to products, materials, by-products, wastes or samples of amount or type of damages, compensation, or benefits payable by or for the
the foregoing which Rone may be provided or obtain performing its Work or Client under worker's or workman's compensation acts,disability benefit acts or
which hazardous substances exist or may exist on or near any premises upon other employee benefits acts, and shall extend to and include any actions
which work is to be performed by Rone employees, agents or subcontractors. brought by or in the name of any employee of the Client or of any thins party to
If Rone observes or suspects the existence of unanticipated hazardous whom Client may subcontract any work.
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 SECTION 17: COSTS AND TENDERING OF INDEMNIFICATION DEFENSE-
resumed only after a renegotiation of scope of services and fees. Rone does The indemnities agreed to by Client herein expressly include all costs of litigation,
not create, generate or at any time own or take possession or ownership of or attorney's fees,settlement costs and reasonable expenses in connection with the
arrange for transport, disposal or treatment of hazardous materials as a result litigation or arbitration whether or not the claims made for loss,injury,damage or
of its Work. property damage are valid or groundless, and regardless of whether the defense
SECTION 10: HAZARDOUS MATERIALS INDEMNITY: The Client of Rone is maintained by Rone or assumed by Client Rone in its sole discretion
acknowledges that Rone has neither created nor contributed to the creation or and at its sole option may defend any or all of the indemnified claims or tender to
existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise Client the defense of any or all of the indemnified claims. Upon such tender by
dangerous substance or condition at the site. Accordingly,except as expressly Rone to Client, Client shall be bound and obligated to assume the defense of
provided in this contract,the Client waives any claim against Rone and agrees Rone in the indemnified claims, including the settlement negotiations, and shall
to indemnify and save Rone, its agents, and employees harmless from any pay, liquidate,discharge and satisfy any and all settlements,judgments, awards
claim, liability or defense cost, including but not limited to attorney fees and or expenses resulting from or arising out of the indemnified claims without
other incidental costs, for injury or loss sustained by any party from such reimbursement from Rone. It is understood and agreed by Client that if Rone
exposures, regardless of whether such exposure was allegedly arising out of tenders the defense of an indemnified claim to Client and Client fails or neglects
or 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
SECTION 11: TERMINATION: This Agreement may be terminated by either for the amount expended by it in settling or compromising any such claim, or in
party upon seven (7) days written notice in the event of substantial failure by the amount expended by Rone in paying any judgment rendered therein,
the other party to perform in accordance with the terms hereof. Such together with all reasonable attomeys'fees and cost of litigation incurred by Rone
termination shall not be effective if that substantial failure has been remedied by reason of its defense,settlement or compromise of such indemnified claims.
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 SECTION 18: COLLECTION OF AMOUNTS OWED TO RONE: In the
date plus reasonable termination expenses. Expenses of termination or event that Client owes any amount to Rone, whether under this Agreement or
suspension shall include all direct costs of Rone required to complete analyses otherwise,Client agrees to Rone's employment of whatever collection methods it
and records necessary to complete its files and may also include a report on deems reasonable and expedient, including but not limited to garnishment(pre
the services performed to the date of notice of termination or suspension. and post judgment),sequestration,attachment or any other legal method. Client
SECTION 12: PROVISIONS SEVERABLE: The parties have entered into this agrees to waive any and all bond requirements associated therewith. Client
agreement in good faith,and it is the specific intent of the parties that the terms agrees to pay all costs of collection,including attorneys fees.
of these Terms and Conditions be enforced as written. In the event any of the SECTION 19• NOTICE: All notices required under this Subcontract
provisions of these Terms and Conditions should be found to be Agreement shall be sent via certified mail return receipt requested to the address
unenforceable, it shall be stricken and the remaining provisions shall be set forth in the proposal,via facsimile number listed on the proposal or via hand
enforceable. delivery to the office set forth on the proposal. Verbal notification to Rone will not
SECTION 13: ENTIRE AGREEMENT: These Terms and Conditions and satisfy the notice requirements herein. To the extent any notice provision of
Rone's proposal constitute the entire understanding of the parties, and there these Terms and Conditions violates applicable law in that it is too strict or
are no representations, warranties or undertakings made other than as set restrictive, the provision shall be automatically modified to the standards
forth herein. This agreement may be amended,modified or terminated only in mandated by the applicable law and shall not be void.
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.
Terms&Conditions Dated August 20,2004 Page 2 of 2