Gee Consultants, Inc.- Professional Services Agreement-CN 2021-06-08PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COPPELL, TEXAS, AND GEE CONSULTANTS, INC.
FOR GEOTECHNICAL MATERIALS TESTING SERVICES- PLANTATION DRIVE &
MOSSY OAKS STREET
This Agreement for Professional Services, hereinafter called "Agreement," is entered into by the
City of Coppell, Texas, a municipal corporation, (hereinafter called "City") and GEE
CONSULTANTS, INC., a Texas corporation, acting through a duly authorized officer, (hereinafter
called "Consultant"). City and Consultant when mentioned collectively shall be referred to as the
"Parties."
Recitals:
WHEREAS, City desires to engage Consultant to provide Materials Engineering and related
construction observation and materials testing services in connection with the City's Plantation Drive
and Mossy Oaks Street Reconstruction, City of Coppell Project No. TAX2015B (the "Project");
WHEREAS, City desires to engage the services of Consultant as an independent contractor and
not as an employee in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, Consultant desires to render consulting services for the City, and in accordance
with the terms and conditions set forth in this Agreement;
NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable
consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows:
Article I
Term
1.1 This Agreement shall become effective on the date of its execution (the "Effective Date")
by both Parties and shall continue in effect thereafter until terminated as provided herein.
1.2 Either Party may terminate this Agreement by giving ten (10) days prior written notice to
the other Parry. In the event of such termination, Consultant shall be entitled to compensation for any
services completed to the reasonable satisfaction of the City in accordance with this Agreement through
the termination date and City shall be provided with a complete report of the results of test and analysis
conducted prior to termination.
Article II
Scope of Services
2.1 Consultant shall provide materials Engineering and related construction observation and
materials testing services for the Project in accordance with Exhibit A - Scone of Services made a part
hereof. All services provided by Consultant hereunder shall be performed in a professional manner,
using that degree of care and skill ordinarily exercised by and consistent with the standards of the
profession practicing in the same or similar locality of the Project site Consultant warrants the same.
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2.2 Deviations from Exhibit A - Scone of Services or other provisions of this Agreement
may only be made by written agreement signed by all Parties to this Agreement, and based on the
pricing set forth in Exhibit B — Terms and Conditions which are attached hereto and incorporated
herein as if set forth in full.
2.3 Consultant shall provide only those services that, in the opinion of Consultant, lie within
the technical and professional areas of expertise of Consultant and which Consultant is adequately
staffed and equipped to perform.
2.4 Consultant shall perform all technical services under the general direction of a Registered
Professional Engineer and in substantial accordance with the basic requirements of the appropriate
standards of the American Society for Testing and Materials, where applicable, or other standards
designated by City.
2.5 Consultant shall promptly submit formal reports of all tests, inspections and services
performed indicating where applicable, compliance with the Project specifications or other contract
documents. Such reports shall cite the tests performed, methods employed, values obtained, and parts of
the structure or Project area involved.
2.6 Consultant shall employ testing machines which have been calibrated within a period not
exceeding twelve (12) months from the time of use by devices of accuracy traceable to the National
Bureau of Standards of the United States Department of Commerce and, upon request, submit to City
documentation of such calibration.
2.7 Consultant shall consider all reports to be the confidential property of City and distribute
reports only to the persons, organizations or agencies specifically designated in writing by City.
2.8 Consultant shall retain all pertinent records relating to the services performed for a period
of five (5) years following submission of the report, during which period the records will be made
available to City at all reasonable times.
2.9 Consultant, by the performance of services covered hereunder, does not in any way
assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project
customarily vested in the Project architects, design engineers, or any other design agencies or authorities.
2.10 Consultant shall not be responsible for the acts or omissions of any party or parties
involved in the design of the Project or the failure of any contractor or subcontractor to construct any
aspect of the Project in accordance with recommendations contained in any correspondence or verbal
recommendation issued by Consultant.
2.11 Consultant is not authorized to revoke, alter, relax, enlarge or release any requirement of
the Project specifications or other contract documents nor to approve or accept any portion of the work,
unless specifically authorized in writing by City. Consultant shall not have the right of rejection or the
right to stop the work, except or such periods as may be required to conduct the sampling, testing or
inspection of operations covered by the Agreement.
PROFESSIONAL SERVICES AGREEMENT TM 122317
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Article III
Schedule of Work
Consultant shall perform all duties and services and make all decisions called for hereunder
promptly and without unreasonable delay as is necessary to cause Consultant's services hereunder to be
timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts
to perform the services described herein and further defined in any specific task orders, in a manner
consistent with these task orders; however, the City understands and agrees that Consultant is retained to
perform a professional service and such services must be bound, first and foremost, by the principles of
sound professional judgment and reasonable diligence.
Article IV
Compensation and Method of Payment
4.1 Compensation. City agrees to pay to Consultant for satisfactory completion of all
services included in this Agreement a total fee of Eighty-eight thousand, four hundred sixty five
dollars ($88,465.00) for the Project as set forth and described in Exhibit A - Scone of Services and
incorporated herein.
4.2 Invoicing. Consultant shall submit progress invoices to City on a monthly basis for
services performed and a final invoice upon completion of its work. Payments shall be made to
Consultant within thirty (30) days of receiving Consultant's invoice, provided there are no errors or
discrepancies and that all work noted on the invoice has been completed. Each statement submitted by
Consultant to City shall be reasonably itemized to show the amount of work performed during that
period.
4.3 Expenses. Consultant shall be responsible for all expenses related to the services
provided pursuant in this Agreement except as set forth in Exhibit A — Scone of Services, including, but
not limited to all State and Federal applicable withholdings.
4.4 Unsatisfactory Work. Nothing contained in this Agreement shall require City to pay for
any work that is unsatisfactory as reasonably determined by City or which is not submitted in
compliance with the terms of this Agreement.
4.5 Limitations. The Scope of Services shall be strictly limited Scope of Services. City shall.
not be required to pay any amount in excess of the original price provided herein unless City shall have
approved in writing in advance (prior to the performance of additional work) the payment of additional
services in the amount in accordance with Exhibit C — Additional Services/Fees.
Article V
Devotion of Time; Personnel; and Equipment
5.1 Devotion of Time. Consultant shall devote such time as reasonably necessary for the
satisfactory performance of the work under this Agreement. Should City require additional services not
included under this Agreement, Consultant shall make reasonable efforts to provide such additional
PROFESSIONAL SERVICES AGREEMENT TM 122317
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services at mutually agreed upon, and within the time schedule prescribed by City, and without
decreasing the effectiveness of the performance of services required under this Agreement.
5.2 Personnel. To the extent reasonably necessary for Consultant to perform the services
under this Agreement, Consultant shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Consultant may deem proper to aid or assist in the performance of the
services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by
Consultant.
5.3 City objection to personnel. If at any time after entering into this Agreement, City has
any reasonable objection to any of Consultant's personnel, or any personnel, professionals and/or
consultants retained by Consultant, Consultant shall promptly propose substitutes to whom City has no
reasonable objection, and Consultant's compensation shall be equitably adjusted to reflect any
difference in Consultant's costs occasioned by such substitution.
5.4 Equipment. Consultant shall furnish the facilities, equipment, telephones, facsimile
machines, software, email facilities, and personnel necessary to perform the services required under this
Agreement unless otherwise provided herein.
Article VI
City's Obligations
6.1 City shall provide Consultant with all plans, specifications, addenda, change orders,
approved shop drawings and other information for the proper performance of Consultant.
6.2 City shall issue authorization in writing, giving Consultant free access to the Project site,
and to all shops or yards where materials are prepared or stored.
6.3 City shall to designate in writing a specific person as City's representative; such
representative to have complete authority to transmit instructions, receive information and data, interpret
and define City's policies and decisions with respect to the Project and to order, at City's expense, such
technical services as may be requested by Gee.
6.4 City shall designate in writing those persons or firms who are authorized to receive
copies of Consultant's inspection and test reports.
6.5 City shall advise Consultant sufficiently in advance of any operations so as to allow for
assignment of personnel by Consultant for completion of the required services. Such advance notice
shall be in accordance with that established by mutual agreement of the parties.
6.6 City shall direct the Project contractor, either by Construction Contract or direct written
order to:
(a) Secure and deliver to Consultant, without cost to Consultant, preliminary
representative samples of those materials they propose to use which require testing,
together with any relevant data of the materials;
(b) Furnish such casual labor and all facilities needed by Consultant to obtain and
handle samples as the Project site and to facilitate the specified inspection and tests;
and
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(c) Provide and maintain for the use of Consultant, adequate space at the Project site for
safe storage and proper curing of test specimens which must remain on the Project
site prior to testing.
Article VII
Relationship of Parties
It is understood and agreed by and between the Parties that in satisfying the conditions of this
Agreement, Consultant is acting independently, and that City assumes no responsibility or liabilities to
any third party in connection with these actions. All services to be performed by Consultant pursuant to
this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of
City. Consultant shall supervise the performance of his services and shall be entitled to control the
manner and means by which his services are to be performed, subject to the terms of this Agreement.
As such, City shall not: train Consultant, require Consultant to devote their full-time services to City,
or dictate Consultant's sequence of work or location at which Consultant performs his work.
Article VIII
Insurance and Limitation of Liability
8.1 Consultant shall secure and maintain throughout the full period of this Agreement
sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation
Acts and from claims for bodily injury, death or property damage as may arise from the performance of
services under this Agreement. Consultant will file certificate of insurance coverage with the City.
Within the limits and conditions of such insurance, Consultant shall not be responsible and City shall
indemnify Consultant for any loss, damage or liability arising from any negligent acts by the City, its
agents, staff, and other consultants employed by it, and any claim asserted against Consultant unless it
shall be determined that such claim is based on and resulted from failure by Consultant to perform its
services hereunder in accordance with this Agreement.
8.2 No insurance, of whatever kind or type, which may be carried by Consultant, is to be
considered as in any way limiting the contractor's or subcontractor's responsibility for damages
resulting from their operations or for furnishing work and materials to the Project. The City agrees,
therefore, to include, or cause to be included in the Project's construction contract, such requirements for
insurance coverage and performance bonds to be secured and maintained by the Project contractor as the
City deems adequate to indemnify the City, Consultant, and other concerned parties, against claims for
damages and to insure compliance of work performance and materials with the Project requirements.
8.3 IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT
TO BOTH THE CITY AND CONSULTANT, THE RISKS HAVE BEEN ALLOCATED SUCH THAT
THE CITY AGREES TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE
LIABILITY OF CONSULTANT, AND ITS INDIVIDUAL OWNERS, OFFICERS, EMPLOYEES
AND CONSULTANTS, HEREAFTER REFERRED TO AS "CONSULTANT" TO THE CITY FOR
ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES OF ANY NATURE WHATSOEVER OR
CLAIMS, EXPENSES FROM ANY CAUSE OR CAUSES, INCLUDING ATTORNEY'S FEES AND
COSTS AND EXPERT WITNESS FEES AND COSTS, SO THAT THE TOTAL AGGREGATE
LIABLITY OF CONSULTANT TO THE CITY SHALL NOT EXCEED $25,000, OR
CONSULTANT'S TOTAL FEE FOR SERVICES RENDERED ON THIS PROJECT, WHICHEVER
IS GREATER. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL
PROFESSIONAL SERVICES AGREEMENT TM 122317
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LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS
OTHERWISE PROHIBITED BY LAW.
Article IX
Availability of Funds
If monies are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, this Agreement shall be canceled and Consultant may only be
compensated for the reasonable value of any non-recurring costs incurred but not amortized in the price
of services delivered under this Agreement or which are otherwise not recoverable. The cost of
cancellation may be paid from any appropriations for such purposes.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement, including these terms and conditions, represents
and constitutes the entire agreement between the Parties and supersedes any prior negotiations,
representation, understandings and written or oral agreements between the Parties with respect to this
subject matter in the event there is any conflict between the provisions of this Agreement or any
Exhibits attached hereto, this Agreement shall govern the duties and obligations between the Parties.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant all
rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Neither City nor Consultant may delegate, assign, sublet or transfer their
duties or interest in this Agreement in whole or in part without the prior written consent of City. In the
event of an assignment by Consultant to which City has consented, the assignee shall agree in writing
with City to personally assume, perform, and be bound by all the covenants, and obligations contained
in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue
for any action concerning this Agreement shall be in Dallas County, Texas. The Parries agree to submit
to the personal and subject matter jurisdiction of said Court.
10.6 Amendments. This Agreement may be amended by the mutual written agreement of the
Parties.
10.7 Severability. In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained in it.
PROFESSIONAL SERVICES AGREEMENT TM 122317
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10.8 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time
following the termination of this Agreement shall survive termination.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notices. Any notice required or permitted to be delivered hereunder may be sent by first
class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to
such other party or address as either Party may designate in writing, and shall be deemed received three
(3) days after delivery set forth herein:
Gee Consultants, Inc.
Richard Gee, P.E.
10046 Monroe Dr.
Dallas, TX 75229
City of Coppell
Kent Collins P.E.
265 Parkway Blvd
Coppell, TX 75019
With Copy to:
Robert E. Hager
City Attorney
500 N. Akard, Suite 1800
Dallas, Texas 75201
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist of any
number of copies hereof each signed by less than all, but together signed by all of the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for
all purposes.
10.13 Audits and Records. Consultant agrees that during the term hereof City and its
representatives may, during normal business hours and as often as deemed necessary, inspect, audit,
examine and reproduce any and all of Consultant's records relating to the services provided pursuant to
this Agreement for a period of one year following the date of completion of services as determined by
City or date of termination if sooner.
10.14 Conflicts of Interests. Consultant represents that no official or employee of City has any
direct or indirect pecuniary interest in this Agreement.
10.15 Compliance with Federal, State & Local Laws. Consultant shall comply in
performance of services under the terms of this Agreement with all applicable laws, ordinances and
regulations, judicial decrees or administrative orders, ordinances, and codes of federal, state and local
governments, including all applicable federal clauses.
10.16 Force Majeure. No Party will be liable for any default or delay in the performance of its
obligations under this Agreement if and to the extent such default or delay is caused, directly or
PROFESSIONAL SERVICES AGREEMENT TM 122317
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indirectly, by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, acts of
terrorism or any similar cause beyond the reasonable control of such Party, provided that the non-
performing Party is without fault in causing such default or delay. The non-performing Party agrees to
use commercially reasonable efforts to recommence performance as soon as possible.
10.17 Prohibition of Boycott Israel. Consultant verifies that he does not Boycott Israel and
agrees that during the term of this Agreement will not Boycott Israel as that term is defined in Texas
Government Code Section 808.001, as amended.
IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on the
74'k day of MAY , 20 Z 1 .
(signature page to follow)
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 8 OF 7
EXECUTED this 0 day of done, , 2021.
City of Coppell,
By:
Name: Mike Land
Title: City Manager
Approved as to
Name: Robert E. Hager
Title: City Attorney
EXECUTED this I+- day of M* -f 2021
Consultant
By: OZL�A)
Name: 1cl+ftrtA .
Title:
PROFESSIONAL SERVICES AGREEMENT TM 122317
PAGE 9 OF 7
EXHIBIT "A"
SCOPE OF SERVICES
EXHIBIT "B"
SCHEDULE OF SERVICES AND FEES
City of Coppell Revised Date April 27, 2021
I. LIME TREATED PAVEMENT SUBGRADE, HAND PLACED INTERSECTIONS, AND
DRIVEWAY/APPROACHES
A. Subgrade
Laboratory Testing
Moisture Density Relationships
3 Lime treated tests @ $240.00 per test ................................ $720.00
Atterberg Limits Test
3 tests @ $69.00 per test ............................................ $207.00
Total Laboratory Testing ............................................ $927.00
Field / Laboratory Testing and Observation of Subgrade Lime Treatment and
Compaction Operations
Sampling and Gradation Testing of Lime Treated Soils
(Gradation tests every 150 to 2501f,
assumes 13 trips for six (6) phases of construction)
42 Hrs. @ $57.00 per hour ......................................... $2,394.00
Phenolphthalein Lime Indicator Charge for Depth Checks, per trip
Based in 13 trips @$21.00 per trip ................................... $273.00
Sampling for Atterberg Limits (Plasticity Index, PI) and Depth Checks Testing (PI/Depth
tests every 150 to 2501f), assumes 13 trips for six(6) phases of construction)
52 Hrs. @ $57.00 per hour ......................................... $2,964.00
Atterberg Limits Test
49 tests @ $69.00 per test .......................................... $3,381.00
In -Place Moisture and Density Tests (based on 13 trips,
minimum 3 tests per trip)
39 tests @ $54.00 per test ........................................... $2,106.00
Trip Charges
39 trips @ $57.00 per trip (4 hours or less) ............................ $2,223.00
GEE Consultants, lne. Proposal No. 2210403
EXHIBIT "A„ Page 2
City of Coppell Revised Date April 27, 2021
Total of Field Testing and Observation .............................. $13,341.00
Total of Lime Treated and Untreated Pavement Subgrade Testing .......... $14268.00
II. UTILITY BACKFILL AND CONCRETE TESTING
Laboratory Testing
ASTM D698 Moisture Density Relationships
9 tests @ $240.00 per test .......................................... $2,160.00
Atterberg Limits Test
9 tests @ $69.00 per test ............................................ $621.00
Percent Passing a No. 200 U.S. Sieve Test
9 test @ $42.00 per test ............................................. $378.00
Total Laboratory Testing ........................................... $3,159.00
Field Testing
Compressive Strength Concrete Cylinders (min. 4 cylinders per trip without observation)
284 tests @ $70.00 per test ........................................ $19,880.00
In -Place Moisture Density Tests by Technician with Nuclear Guage (based on 1 test per
approximately 250 L.F., assumes 11 trips for storm drains/laterals/wing wall backfill (87
density tests), 5 trips for water line/laterals (75 density tests), and 6 trips for sanitary
sewer/lateral (85 density tests) backfill, minimum 3 hours per trip)
223 hours @ $69.00 per hour (minimum of 3 hours per trip) ............. $15,387.00
Trip Charges
93 trips @ $57.00 per trip (4 hours or less) ............................ $5,301.00
Total of Field Testing and Observation .............................. $40,568.00
Total for Utility Backfill and Concrete Testing ........................ $43,727.00
GEE Consultants, Inc. Proposal No. 2210403
EXHIBIT "A„ Page 3
City of Coppell Revised Date April 27, 2021
III. MACHINEIAAND PLACED REINFORCED CONCRETE PAVEMENT
Compressive Strength Concrete Cylinders (without Observation)
(Based on 1 set of 4 cylinders per 150 cy or fraction thereof without observation, minimum
4 cylinders per trip)
252 tests @ $70.00 per test ........................................ $17,640.00
Trip Charges
14 trips @ $66.00 per trip (Over 4 hours) ............................... $924.00
14 trips @ $57.00 per trip ( 4 hours or less) ............................. $798.00
Total of Concrete Pavement Observation and Testing ................... $19,362.00
IV. MAIL BOXILIGHT POLE CAST -IN-PLACE CONCRETE CONSTRUCTION
Field Testinlr
Compressive Strength Concrete Cylinders, 1 set of 4 per trip (without observation)
36 tests @ $70.00 per test .......................................... $2,520.00
Trip Charges
9 trips @ $57.00 per trip (4 hours or less) .............................. $513.00
Total of Field Testing and Observation ............................... $3,033.00
V. SIDEWALK SUBGRADE AND CONCRETE TESTING
Laboratory Testing
ASTM D698 Moisture Density Relationship
(Crushed Stone and On-site Material)
2 test @ $240.00 per test ............................................ $480.00
Atterberg Limits Test
2 test @ $69.00 per test ............................................. $138.00
Percent Passing a No. 200 Sieve Tests
2 test @ $42.00 per test .............................................. $84.00
Total Laboratory Testing ............................................ $702.00
GEE Consultants, Inc. Proposal No. 2210403
EXHIBIT "A„ Page 4
City of Coppell Revised Date April 27, 2021
Field Testing
In -Place Moisture Density Tests by Technician with Nuclear Guage (based on I test per 250
L.F., assumes 12 trips for testing approx. 9,000 LF of sidewalk, minimum 3 hours per trip)
36 hours @ $69.00 per hour (minimum of 3 hours per trip) ............... $2,484.00
Compressive Strength Concrete Cylinders (without Observation)
(Based on 1 set of 4 cylinders per 150 cy or fraction thereof)
56 tests @ $70.00 per test ......... ..... ....................... $3,920.00
Trip Charges
17 trips @ $57.00 per trip ( 4 hours or less) .. $969.00
Total of Field Testing ............................................. $7,373.00
Total of Concrete Sidewalk Observation and Testing .................... $8,075.00
TOTAL OF ALL OBSERVATION AND TESTING SERVICES .... .... ... $88,465.00
Based on the assumptions our total estimated fee to perform the aforementioned tests and services
is detailed above. It should be noted that this proposal is based on the estimated number of tests and
quantities mentioned in this proposal and not a lump sum price. The construction sequence or job
conditions may require more or fewertesting or observation. Only work which is actually performed
will be charged for and all charges will be in accordance with the corresponding unit fees quoted in
this proposal or our Schedule of Fees.
We understand we have been selected for this project and therefore, when providing this estimate,
we are not in violation of laws governing procurement of professional engineering services with
public entities.
If this proposal is acceptable to you, please sign the enclosed copy, along with the Agreement for
Materials Engineering and Related Construction Observation and Materials Testing Services, and
mail it to us at your earliest convenience.
We trust the information provided herein is sufficient for your use. Should you have any comments
and/or questions, please do not hesitate to contact us. We are looking forward to working with you.
GEE Consultants, Inc. Proposal No. 2210403
EXHIBIT "A„ Page 5
TERMS AND CONDITIONS TO AGREEMENT FOR MATERIALS ENGINEERING AND
RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES
ARTICLE 1. SERVICES: GEE will:
1.1 Act for CLIENT in a professional manner, using that degree of careand skill
ordinarily exercised by and consistent with the standards of the profession
practicing in the same or similar locality of THE PROJECT site.
1.2 Provide only those services that, in the opinion of GEE, lie within the
technical and professional areas of expertise of GEE and which GEE is
adequately statfcd and equipped to perform.
1.3 Perform all technical services under the general direction of a Registered
Professional Engineer and in substantial accordance with the basic re-
quirements ofthe appropriate Standards ofThe American Society for Testing
and Materials, where applicable, or other standards designated by CLIENT.
1.4 Promptly submit formal reports of all tests, inspections and servicesper-
formed indicating where applicable, compliance with THE PROJECT
specifications or other contract documents. Such reports shall cite the tests
performed, methods employed, values obtained, parts of the structure or
PROJECT area involved.
as may be required toconduct the sampling, testing or inspection ofoperations
covered by the Agreement.
3.4 This Agreement may be terminated by either party on ten (10) days written
notice or by mutual agreement. If this Agreement is terminated by either party,
GEE shall be paid in full for all services performed through the termination
date, and the CLIENT shall be provided with a complete report of the results
of test and analysis conducted prior to termination.
3.5 Neither CLIENT nor GEE may delegate, assign, sublet or transfer his duties
or interest in this Agreement without the written consent of the other party.
3.6 The only WARRANTY made by GEE in connection with its services per-
formed hereunder is that it will use that degree of care and skill as set forth in
Article 1.1 above. No other WARRANTY, expressed or implied, is made or
intended for services provided hereunder or furnishing oral or written reports
of findings made.
ARTICLE 4. INSURANCE AND LIMITATION OF LIABILITY:
4.1
1.5 Employ testing machines which have been calibrated within a period not
exceeding twelve months from the time of use by devices of accuracy
traceable to the National Bureau of Standards of the United States
Department of Commerce and , upon request, submit to CLIENT, or his
authorized representative, documentation of such calibration.
1.6 Consider all reports to be the confidential prop" of CLIENT, and distribute
reports only to the persons, organizations or agencies specifically designated
in writing by CLIENT or his authorized representative.
1.7 Retain all pertinent records relating to the services performed for a period of
five years following submission of the report, during which period the records
will be made available to CLIENT at all reasonable times. 4.2
ARTICLE2. CLIENT'SRESPONSIBILITIES: CLIENT or his authorized representative
will:
2.1 Provide GEE with all plans, specifications, addenda, change orders, ap-
proved shop drawings and other information for the proper performance of
GEE.
2.2 Issue authorization in writing, givingGEE free access to THE PROJECT site,
and to all shops or yards where materials are prepared or stored.
2.3 Designate in writing a person or firm to act as CLIENTS representative with
respect to GEE's services to be performed under this Agreement; such person
or firm to have complete authority to transmit instructions, receive
information and data, interpret.and define CLIENTis policies and decisions
with respect to THE PROJECT and to order, at CLIENTs expense, such
technical services as may be requested by GEE.
2.4 Designate in writing those persons or firms who are authorized to receive
copies of GEES inspection and test reports.
2.5 Advise GEE sufficiently in advance of any operations so as to allow for
assignment of personnel by GEE for completion of the required services.
Such advance notice shall be in accordance with that eslablished by mutual
agreement of the parties.
2.6 Direct THE PROJECT contractor, either by the Construction Contract or
direct written order to:
(a) Secure and deliver to GEE, without cost to GEE, preliminary
representative samples of those materials he proposes to use which
require testing, together with any relevant data of the materials.
(b) Furnish such casual labor and all facilities needed by GEE to obtain
and handle samples at THE PROJECT and to facilitate the specified
inspection and tests.
(c) Provide and maintain for the use of GEE, adequate space at THE
PROJECT for safe storage and proper curing of test specimens which
must remain on THE PROJECT site prior to testing.
ARTICLE 3. GENERAL CONDITIONS.
3.1 GEE, by the performance ofservices covered hereunder, does not in any way
assume, abridge or abrogate anyofthose duties, responsibil ities or authorities
with regard to THE PROJECT customarily vested in THE PROJECT
architects, design engineers, or any other design agencies or authorities.
GEE shall secure and maintain throughout the full period of this Agreement
sufficient insurance to protect it adequately from claims under applicable
Workmen's Compensation Acts and from claims for bodily injury, death or
property damage as may arise from the performance of services under this
Agreement. GEE will, upon request, file certificate of insurance coverage with
CLIENT or his authorized representative. Within the limits and conditions of
such insurance. GEE shall not be responsible and CLIENT shall indemnify
GEE for any loss, damage or liability arising from any negligent acts by
CLIENT, its agents, staff, and other consultants employed by it, and any claim
asserted against GEE unless it shall be determined that such claim is based on
and resulted from failure by GEE to perform its services hereunder in
accordance with this Agreement.
No insurance, of whatever kind or type, which may be carried by GEE, is. to
be considered as in any way limiting the contractor's or subcontractor's
responsibility fordamages resulting from his operationsor for furnishing work
and materials to THE PROJECT. CLIENT agrees, therefore, to include, or
cause to be included in THE PROJECT's construction contract, such
requirements for insurancecoverageand performance bonds to be secured and
maintained by THE PROJECT contractor as CLIENT deems adequate to
indemnify CLIENT, GEE, and other concerned parties, against claims for
damages and to insure compliance of work performance and materials with
THE PROJECT requirements,
4.3 In recognition of the relative risks and benefits ofibe Project to both the
Client and GEE, the risks have been allocated such that the Client agrees,
to the fullest extent permitted by law, to limit the liability of GEE, and its
individualowners, ofTicers,employees and consultants, hereafter referred
to as "GEE" to the Client for any and all claims, losses, costs, damages of
any nature whatsoever or claims expenses from any cause or causes,
including attorney's fee and costs and expert -witness fees and costs, so
that the total aggregate liability ofGEE to the Client shall not exceeded
525,000, or -GEE total fee forservices rendered on this Project, whichever
is greater. It is intended that this limitation apply to any and all lirsbility
or cause of action however alleged or arising, unless otherwise prohibited
by law.
ARTICLE 5. PAYMENT:
5.1 CLIENT will pay GEE for services and expenses in accordance with the
attached fee schedule (Exhibit A). GEE will submit progress invoices to
CLIENT monthly and a final invoice upon completion of its work. Each
invoice, on presentation, is due and payable by CLIENT or his authorized
representative.
5.2 GEE shall be paid in fill for all services under the Agreement, including any
additional services in excess of those stated in the original Agreement, as
specifically authorized by CLIENT.
5.3
3.2 GEE shall not be responsible for acts of omissions of any party or parties
involved in the design of THE PROJECT or the failure of any contractor or ARTICLE 6. EXTENT OF AGREEMENT:
subcontractor to construct any aspect of THE PROJECT in accordance with
recommendations contained in anycorrespondence or verbal recommendation The Agreement, including these terms and conditions, represents the entire
issued by GEE. agreement between CLIENT and GEE and supersedes all prior negotiations,
representations or agreements, written or oral. The Agreement may be
3.3 GEE is not authorized to revoke, alter, relax, enlarge or release any re- amended only by written instruments signed by CLIENT and GEE.
quiremcnt o f THE PROJECT specifications or other contract documents nor
to approve or accept any portion of the work unless specifically authorized ARTICLE 7. APPLICABLE LAW:
in writing by CLIENT or his authorized representative. GEE shall not have
the right ofrejection or the right to stop the work, except for suY$'� HIBT'T' B agreement shall be governed by the laws of the State of Texas.
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SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING SERVICES
(Effective April 2021)
I. ASPHALTIC CONCRETE/BITUMINOUS MATERIALS OBSERVATION/TESTING:
1.1 Asphaltic concrete mix designs
a. Hveem Method, one asphalt content ................................. 380.00
b. Marshall Method, one asphalt content ............................... 465.00
c. Marshall Method, four asphalt contents .............................. 895.00
1.2 Confirmation Mix Design, using design prepared by others ............. At Unit Prices
1.3 Observation/sampling at batch plant or jobsite, per man-hour .................. 57.00
1.4 Rolling Pattern Field Nuclear Density Tests, (minimum of 3 per trip), each ....... 54.00
1.5 Asphaltic Concrete Coring, per diameter -inch ............................... 3.35
1.6 Laboratory Density of Pavement Cores, each ............................... 35.00
1.7 Molding Test Specimens (3 per set), set ................................... 70.00
1.8 Density and Percent Voids (3 per set), set .................................. 70.00
1.9 Hveem Stabilimeter Value (3 per set), set ................................. 115.00
1.10 Marshall Stability (3 per set), set ........................................ 120.00
1.11 Marshall Flow Value (3,per set), set ...................................... 25.00
1.12 Sand Equivalent, each ................................................ 120.00
1.13 Extraction, each ..................................................... 250.00
1.14 Specific Gravity of Aggregates, each ..................................... 84.00
1.15 Sieve Analysis of Aggregates, each ....................................... 69.00
1.16 Evaluation of Built-up Roofing Membrane, each ........................... 380.00
1.17 Maximum Theoretical Density, each ...................................... 240.00
Revision Date: April, 2021 Page I of 6
EXHIBIT "C' 1
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1.18
Solvent Disposal Charge, each ...........................................
43.00
H. PORTLAND CEMENT CONCRETE AND AGGREGATES OBSERVATION/TESTING
2.1
Portland Cement Concrete Mix Design, including Specific Gravities, Absorptions,
Air Content Measurement when not making cylinders or beams
Unit Weights of Aggregates, and Gradations ...............................
260.00
2.2
Additional Mix Design (using same aggregates), each ........................
195.00
2.3
Confirmation Mix Design Test Cylinders, each ..............................
44.00
2.4
Confirmation Mix Design Test Beams, each .................................
44.00
2.5
Concrete Observation, per hour ...........................................
57.00
2.6 Concrete Test Cylinders (without observation), each .......................... 70.00
2.7 Concrete Test Beams (without observation), each ............................. 74.00
2.8 Concrete Test Cylinders (with observation), each ............................. 36.00
2.9 Concrete Test Beams (with observation), each ............................... 36.00
2.10
Hold Cylinders, each .......................................... See Rates Above
2.11
Concrete Reinforcing Steel Observation (Shop or Field), per hour ...............
57.00
2.12
Air Content Measurement when not making cylinders or beams
(minimum three hours technician time), each ................................
37.00
2.13
Unit Weight of concrete when not making cylinders or beams
(minimum three hours technician time), each ................................
37.00
2.14
Specific Gravity, each ..................................................
81.00
2.15
Absorption, each ......................................................
36.00
2.16
Gradation (ASTM C-136), each ..........................................
69.00
2.17
Sieve Analysis (material finer than #200 U.S. Sieve), each .....................
42.00
2.18
Sulphate Soundness
a. Five Cycles, each ................................................
400.00
b. Each additional cycle .............................................
120.00
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EXHIBIT "C"
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Construction Materials Testing Schedule of Fees
2.19 Concrete Coring with Technician Time, per diameter -inch ...................... 3.60
2.20 Capping and Testing Concrete Cores, each .................................. 42.00
2.21 Sawing Core Ends, per end ........................ 20.00
2.22 Compressive Strength of brick, block or grout per specimen .................... 46.00
2.23 Flexural Strength of brick or block, per specimen ............................ 49.00
2.24 Non-destructive Concrete Testing (excludes expendable materials), per hour ...... 130.00
2.25 Compressive Strength of 2 Block Prism, each .............................. 110.00
III. SOIL OBSERVATION/TESTING
3.1 Continuous Observation and Testing of earthwork by Technician with nuclear
gauge, per hour ....................................................... 69.00
3.2 In -Place Moisture -Density Tests (minimum of 3 tests per trip)
a. Nuclear Method, each .............................................. 54.00
b. Other Methods, each .......................................... By Request
3.3 Material Sampling, per hour ............................................. 57.00
3.4 Moisture Content, each ................................................. 12.50
3.5 Atterberg Limits ( including Liquid and Plastic Limits), each ................... 69.00
3.6 Linear Bar Shrinkage, each .............................................. 33.00
3.7 Slaked and Washed Sieve Analysis
a. Materials processed over No. 40 U.S. Sieve, each ....................... 42.00
b. Materials processed over No. 200 U.S. Sieve, ASTM D-422, each ........... 42.00
3.8 Hydrometer Analysis (including sieves), each .............................. 320.00
3.9 Gradation of Lime Stabilized Soil per TSDHPT, Item 260,
per hour (minimum of 3 hours per trip) ..................................... 57.00
3.10 Preparation of Base Materials Binder for testing, each ......................... 42.00
3.11 Maximum and Minimum Density Tests, each ............................... 240.00
3.12 Specific Gravity Tests, each ............................................. 82.00
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Construction Materials Testing Schedule of Fees
3.13 Moisture -Density Relationship
a. Standard Method, ASTM D-698 or AASHTO T-99, each ................. 240.00
b. Modified Method, ASTM D-1557, AASHTO T-180 or TEX-113E, each .... 250.00
C. TSDHPT Method TEX-114E, each .................................. 320.00
3.14 Moisture -Density Relationship with lime or cement
a. Standard Method, ASTM D-698 or AASHTO T-99, each ................. 250.00
b. Modified Method, ASTM D-1557, AASHTO T-180, or TEX-113E, each .... 260.00
C. TSDHPT Method TEX-114E, each .................................. 320.00
3.15 TxDOT Triaxial Series, TEX-117E, each .............................. By Request
3.16 TxDOT Wet Ball Mill Analysis, TEX-116E, each ........................... 340.00
3.17 Los Angeles Abrasion (small aggregate), each .............................. 340.00
3.18 Sample Preparation for L.A. Abrasion or Wet Bail Mill Analysis,
each aggregate........................................................ 57.00
3.19 California Bearing Ratio (CBR), laboratory performed
a. Native materials, per specimen......................................470.00
b. Lime or cement treated, per specimen ................................ 480.00
3.20 Strength and Durability of Cement Stabilized Soils
a. Curing and testing of Compression Samples, each .................. By Request
b. Wet -Dry Test, ASTM D-559 or AASHTO T-135, each .............. By Request
C. Freeze -Thaw Test, ASTM D-560 or AASHTO T-136, each ........... By Request
d. Preparation of Samples for a, b, or c, each ......................... By Request
3.21 Phenolphthalein Lime Indicator Charge, per trip ............................. 21.00
IV. OBSERVATION/TESTING OF STRUCTURAL STEEL/WELDING
4.1 Ultrasonic/Magnetic Particle/Liquid Penetrant by Level II Technician
with equipment (4 hour minimum portal to portal) per hour including standby ...... 82.00
4.2 Visual Observation
a. Structural Steel/Welding Observation - (Shop or Field), per hour ............ 73.00
(4 hour minimum, portal to portal)
4.3 Witness of Welders Qualification in Field
Plate or Pipe Test, per hour (4 hour minimum, portal to portal) .................. 73.00
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Construction Materials Testing Schedule of Fees
4.4 Welders Qualification at our laboratory
a. Pipe Test - AWS or ASME
1 position - 6" Schedule 40 ......................................... 155.00
2 position - 6" Schedule 40 .........................................210.00
1 position - 6" Schedule 80 ......................................... 155.00
2 position - 6" Schedule 80 ......................................... 210.00
b. Plate Test - AWS or ASME (inc. all mats and testing in laboratory)
1 position - limited thickness, 3/8" plate ...............................155.00
2 position - limited thickness, 3/8" plate .............................. 210.00
1 position - unlimited thickness, 1" plate .............................. 155.00
2 position - unlimited thickness, 1" plate .............................. 210.00
4.5 Plate Test - Texas Highway Department Standard Specification
1 position - V plate ................................................... 255.00
2 position -1"plate ................................................... 420.00
4.6 Tensile Strength Tests (60.00 min. charge - machine costs, sampling extra)
a. Reduced Sections
10 or less, each...................................................68.00
11 or more, each .................................................. 63.00
b. Reinforcing Steel
# 3 t # 10, each .................................................. 63.00
# 11 to # 18, each ................................................. 68.00
V. PROFESSIONAL/TECE NICAL SERVICES
5.1 Typist, per hour ....................................................... 57.00
5.2 Engineering hispector/Technician, per hour ................................. 57.00
5.3 Field Supervisor, per hour .............................................. 120.00
5.4 Draftsman, per hour ................................................... 120.00
5.5 Staff Engineer, per hour ................................................ 135.00
5.6 Project Geotechnical Engineer, per hour ................................... 145.00
5.7 Engineering Manager, per hour .......................................... 180.00
5.8 Principal Engineer, per hour ............................................ 215.00
I5.9 Expert Witness, Depositions, Testimony by Principal Engineer, per hour ......... 260.00
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Cnnstrnetinn Materials Testing Schedule of Fees
VI. GENERAL NOTES
6.1 Minimum charge for report .............................................. 57.00
Reproduction, per page .................................................. 0.50
6.2 Hourly rate quoted at regular rate only (portal to portal), Mondays to Fridays,
7:30 am -5:00 pm
6.3 Vehicle Transportation Charges for All Field Services
Per one-half day within 30 miles of laboratory, per trip ........................ 57.00
Over four hours within 30 miles of laboratory, per trip ....................... 66.00
Outside of these parameters .......................................... By Request
6.4 Subsistence, per man -day .............................................. 190.00
6.5 All direct expenses required/approved .............................. Cost plus 15%
6.6 Terms of payment ... .................................... Due Upon Receipt
Finance charge past 30 days 1 1/2% per month, annual rate ...................... 18%
Revision Date: April, 2021
EXHIBIT "C"
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