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ST0701-CS090720 (2)Terracon's Proposals for Southwestern Boulevard, Coppell, Texas Keith Marvin - FVV: Terracon's Proposals for Southwestern Boulevard, Coppell, Texas From: "Matt Oyen" <MattO@PacTrust.com> To: "Keith Marvin" <kmarvin@ci.coppell.tx.us> Date: 7/20/2009 6:06 PM Subject: FW: Terracon's Proposals for Southwestern Boulevard, Coppell, Texas CC: "Ben Chessar" <BenC(c~PacTrust.com> Attachments: P08942080A-R.pdf; P08942080B-R.pdf Page 1 of 2 Keith -per our discussion please find attached the proposals for monitoring and testing from Terracon. If you have any questions regarding the attached, or need any additional information please contact me. Thanks, Matthew Oyen, PE Construction Manager Pacific Realty Associates, L. P. (PacTrust) 15350 SW Sequoia Pkwy, Suite 300 Portland, OR 97224 Office: 503 624-6300 Cell: 503 523-7619 matto@pactrust.com From: Sluiter, Sue [mailto:SKSluiter~terracon.com] Sent: Friday, July 17, 200912:24 PM To: Matt Oyen Cc: Cleveland, Eric Subject: Terracon's Proposals for Southwestern Boulevard, Coppell, Texas Mr. Oyen, Attached is Terracon Proposal No. P08942080A-R for the Southwestern Boulevard, Coppell Road to Grapevine Creek project in Coppell, Texas and Terracon Proposal No. P08942080B-R for the Southwestern Boulevard, Grapevine Creek to Beltline Road project in Coppell, Texas. «P08942080A-R. pdf» «P08942080B-R. pdf» Two hard copies of each proposal and a return envelope have been sent by mail. Please sign and return one copy of the proposal in the enclosed envelope or sign and a-mail the attached contract. If you have any questions or comments regarding this proposal, please contact Eric Cleveland at ejcleveland@terracon.com or 214-630-1010. Susan (Sue) K. Sluiter Administrative Assistant I Construction Materials Testing Dept. Terracon Consultants, Inc. 8901 Carpenter Frwy, Ste 100 I Dallas, TX 75247 P 214.630.1010 I F 214.630.7070 file://C:1Documents and SettingslradloolLocal SettingslTemplXPgrpwise14A64B21DCity_... 8/28/2009 Terracon's Proposals for Southwestern Boulevard, Coppell, Texas Page 2 of 2 sksluiter terracon.com I www.terracon.com Terracon provides geotechnical, environmental, construction materials, and facilities consulting engineering services delivered with reliability, responsiveness, convenience, and innovation. This electronic communication and its attachments are forwarded to you for convenience. If this electronic transmittal contains Design Information or Recommendations and not just general correspondence, Terracon Consultants, Inc., and/or its affiliates ("Terracon') will submit afollow-up hard copy via mail or delivery for your records, and this hard copy will serve as a final record. In the event of conflict between electronic and hard copy documents, the hard copy will govern. This e-mail and any attachments transmitted with it are the property of Terracon and may contain information that is confidential or otherwise protected from disclosure. The information it contains is intended solely for the use of the one to whom it is addressed, and any other recipient should destroy all copies. file://C:1Documents and SettingslradloolLocal SettingslTemplXPgrpwise14A64B21DCity_... 8/28/2009 (8/2812009) Keith Marvin - P08942080A-R.pdf Juiy 17, 2009 Mr. Matthew Oyen Pacific Realty Associates, L.P. ~ 5350 SW Sequoia Parkway, Suite 300 Portland, Oregon 97224 . ~~ ~~ Gonsulting Engineers & Scientists 8901 Carpenter Freeway, Suite 1~Q Dallas, Texas 75247 Phone 214,630.1810 Fax 214.63a.7Q70 www,terracan.com Subject: Proposal for Construction Materials Testing Services Southwestern Boulevard Coppell Road to Grapevine Creek Coppell, Texas Terracon Proposal N©. P0894208aA~R Dear Mr. Oyen: Terracon is please to submit this cast estimate to perform the construction materials testing services for the referenced project. In this letter, we present our understanding of the scope of the project and our proposed services. In addition, we have provided our Estimated Total Cost 1 Budget forthe project (Exhibit C), given the information we have received and the assumptions we have made, broken down by testinglobservation service categories anticipated for each. ~ A PROJECT INFORMATION The project consists of the construction of approximately 14x0 lineal feet of new roadway. The roadway will be 8 inches thick and will be placed over a lime modified subgrade. Utility improvements consist of about 1000 lineal feet of storm and sanitary sewer and about 1200 feet of new water line. ~.0 PROJECT STAFFING AND ADMINl5TRATlON Terracon's approach to providing materials engineering services is to assign qualified engineering technicians, directed by Professional Engineers registered in the State of Texas, to perform the required tests far your project. Our technicians are certified by the American Concrete Institute (ACI), and many are also certified by the National Institute for Certification in Engineering Technologies (NICET) and all are involved in continuing training through on-the job b experience and formal instructions. Terracon is accredited by The American Association of State Highwayand Transportation Officials (AASHTO) to perform the field and laboratory tests listed in this cost estimate, Terracon's Project Manager's responsibilities will include: Attend construction meetings on as requested basis, ® Coordinate field and laboratory testing, a Verify testing and observations are in accordance with the Project Documents, ® Communicate with our field technician, Contractor, and Owner's representative, Review laboratory and field test reports and contractor submittals, Perform statistical evaluations of concrete mixes used in the construction, Manage our budget and invoice. Page Deiivering Success for Clients and Employees Since 1965 More Than 90 Offices Nationwide (8/2812009) Keith Marvin - P08942080A-R.pdf Soufhwestern Blvd, -- Capped Road fo Grapevine Creek Coppeii, Texas Terracon Proposal No. P0894208oA-R Jul y ~ ~, ~oo~ 3.0 PROJECT FEE Our ESTIMATED TOTAL COST 1 BUDGET for providing the above scope of services is $22,132.0. This estimate is based on our review of the plans and specifications, our knowledge of the project and our experience with similar projects. Services not included in this proposal, which may be requested by the client or its representative, will be billed at Terracon's 2008 Standard unit rates. Overtime is defined as all hours in excess of eight hours per day, outside of the normal hours of 7:00 a.m. to 5:00 p.m. Monday through Friday, and all hours worked on weekends and holidays. Overtime rates when used are shown as 1.5 times the regular hourly rate quoted. You will be invoiced an a monthly basis for services actually performed andlor as authorized or requested by you or your representative. 4.Q AUTHORIZATION This proposal may be accepted by executing both originals of the attached Agreement for Services and returning one executed copy, along with this letter, to Terracon. This proposal for services and accompanying limitations shall constitute the terms and conditions for our services to be perFormed for this project. Vile appreciate the opportunity to propose on this project. Please call us at 214-630-1010 if you have any questions or comments regarding any aspect of this proposal. Sincerely, Terrac© ©nsult t . ' J. I eland, P.E. Senior Project Engineer Page 2 Attachments. Exhibit B-Scope of Services Exhibit C-Compensation Agreement for Services (8/2812009) Keith Marvin - P08942080A-R.pdf Soufhwesfern Blvd. -- Coppe!! Road fo Grapevine Creek Coppell, Texas Terracon Proposal No. P08942080A-R July 97, X009 (EXHIBIT B} SCOPE OF SERVICES Terracon proposes to provide the following scope of services based on our review of the project plans end specifications made available at this date and our experience with similar projects. A. Earthwork a) Sample materials proposed use far paving sub-grade and flex base materiels. Prepare and test the samples for Atterberg Limits (ASTM D4318) and Moisture Density Relationship (ASTM D698). b) Perform field moisture and density tests using the nuclear method (ASTM D6938) to determine the moisture content and percent compaction of the soil materials, and observation of the earthwork installation. B. Drilled Piers a) Monitor the installation of the drilled piers foundation system including verification of the depth of the required bearing strata, depth of penetration into the bearing material, total depth of piers, pertinent elevations (if provided by the field engineer), plumbness of the drilled pier hole excavation, cleanliness of bearing surface at completion of drilling, etc. b) Record dimensions and the number, size and length of reinforcing bars used, c) Sampie the fresh concrete and perform required tests, including slump, air content, concrete temperature, and cast test specimens during placements (ASTM 0112, 031, 0143, 0173 and 01064}. d) Perform compressive tests of concrete test cylinders cast in the field (ASTM 0617, 039). C. Concrete a) At the job site, monitor each load of concrete when not performing sample tests. Sample the fresh concrete far each mix and perform required tests including slump, air content, ambient and concrete temperature, and cast test specimens (4 cylinders per 100 cy per mix per day) during placements (ASTM 017'2, 031, 0143, 0173 and 01064). b} Transport concrete test cylinders from the field to our laboratory within 48 hours for final curing and later testing (ASTM 031). c) Perform compressive tests of concrete test cylinders cast in the field (ASTM 0617, 039). Page 3 We re nest a minimum of 24 hours notice to ro erl schedule our services (8/2812009) Keith Marvin - P08942O8OA-R.pdf ExHIeIT c TERRACON CONSULTANTS, INC. COMPENSATION Client: Pacific Realty Assoicates, L.P. Date: July 17, 2009 Portland, Oregon Project: Southwestern Boulevard Proposal No.: P08942080A-R Cappell Raad to Grapevine Creek Coppell, Texas Unit Rate Quantity Total EARTHWORK Engineering Technician, Level I, per hour (min 4 hours} 40.00 160 8,400.00 Optimum MaisturelDensity relatianship~ASTM D698), ea. 150.00 5 750.00 Atterberg limits, each 50.00 5 250.00 Material finer than X200 sieve, each 25.00 3 75.00 Nuclear Density Gauge, per day 50.00 35 1,750.00 Vehicle charge, per trip 45.00 40 1,800.00 Subtotal $ 11,025.00 DRILLED PIERS FOR BRIDGE Project engineer, hour 100.00 3 300.00 Engineering Technician, Level II, per hour (min 4 hours) 45.00 40 1,800.00 Concrete test cylinders, each 14.00 12 168.00 Cylinder pick-up, per haur 40.00 2 80.00 Vehicle charge, trip 45.00 ~ 6 270.00 Subtotal $ 2,618.00 CONCRETE Engineering Technician, Leve! I, per hour (min 4 hours) Concrete test cylinders, each Cylinder pick-up, per haur Concrete Cores far Thickness, each Patching Core Hales, each Care Length Measurement; each Vehicle charge, per trip ENGINEERING I MANAGEMENT Project manager, per hour ESTIMATED TOTAL COST I BUDGET 40.00 66 2,640,00 14.00 6 84.00 40.00 90 3,600.oa 75.00 8 600.00 20.a0 ~ 18aa0 20.00 8 180.00 45.00 1 45.00 Subtotal $ 7,289.00 100 12 1,200.00 Subtotal $ 1,200.00 $ 22,132.UQ Page 4 Page 1 of 3 (8/2812009) Keith Marvin - P08942080A-R.pdf Ex~llBlT c COMPENSATION Client: Pacific Realty Assoicates, I.P. Date: July 17, 2009 Portland, Oregon Project: Southwestern Boulevard Proposal No.: PO$942080A-R Copped Road to Grapevine Creek Coppell, Texas Clarifications and Assumptions 1. The testing and observation in this Cast Estimate represents all the testing and observation services to be provided on this project unless additional services are requested by the client. No other testing or observation is included in this proposal estimate. 2. We obtained estimated quantities from drawings and specifications provided by the architect and from typical assumed placement rates. 3. We have assumed in-place density tests at one per 100 linear feet per tiff for utility trench backfill, and we have also assumed one per 9,000 sf per lift for paving subgrade. 4. We have assumed that drilled piers for bridge will be completed in four working day. 5. We have assumed a concrete test frequency of one set of three cylinders per 100 cy ar fto per mix per day. 6. We have included project management time to attend pre-construction and progress meetings as called, to coordinate our agreed scope of QCIQA activities, to review and sign all reports, and to monitor budget issues among other normal project manager activities. i.imitations of Authority of Terracon 1. Terracon is oat authorized to release, revoke, alter or enlarge the requirements of the contract documents. 2. Terracon will not approve ar accept any portion of the work. 3. Terracon will oat assume or perform any duties of the Contractor. 4. Terracon has no authority to stop the work. 5. Terracon will perform observations, sampling and testing of materials and construction as listed in this proposal. Additional services will be provided when required by the Architect 1 Engineer and authorized by the client. 6. Terracon is not responsible for site safety issues except as it pertains to the behavior of our employees on site. Page 5 Page 2 of 3 (8/2812009) Keith Marvin - P08942080A-R.pdf EXHIBIT C Client: Pacific Realty Assoicates, L.P. Portland, Oregon coMl~ErisATloN Date: July 17, 2009 Project: Southwestern Boulevard Proposal No, : P08942080A-R Cnppell Road to Grapevine Creek Coppell, Texas Other Clarifications and Requests Our office is located at 8901 Carpenter 1"reeway in Dalian, Texas. Our main phone is 214-630-1010. Our fax is 214-630-7070. services. All services must be scheduled through our dispatcher. Cancellations shall also be through our dispatcher. Our dispatch is available between the hours of 6:30 am to 4:30 pm. After hours calls are handled by our voice mail system. It is recommended that you schedule services through our dispatch during our regular working hours noted above, Voice mail is checked the following morning. Same day tali-ins or after hour voice mail coil-ins for work the following day are subject to the availability of personnel. We can not guarantee service for same day Gail-ins. Ta aid us in assisting you an your project, we request a set of specifications (project manual) and a set of half~size plans to use in the field. We also request to be copied any applicable addendums, pion changes or RFI's. Compensation for our services will be based upon the actual work and tests performed in accordance with the unit rates spawn. The estimated casts we have indicated are approximate. ESTIMATED TOTAL COST does not include: any retests or reobservations; or any changes to the contract documents. invoices for our services are payable within 30 days with na retainage, Unit prices are far local services portal to portal, between 7:D0 am and 5:D0 pm, Monday through 1=ridgy. Overkime will be charged at the rate of 1.50 times the normal rate. Only those services requested and authorized will be provided. This proposal may be accepted by executing both originals of the Agreement for Services and returning one executed copy clang with this proposal to Terracon. One fully executed copy maybe kept for your files. This Proposal for Services and accompanying limitations shall constitute the exclusive terms and conditions and services to be performed far this project. Please attach a list of contacts for report distribution. Page 6 Page 3 of 3 (8/2812009) Keith Marvin - P08942080A-R.pdf ~P err AGREEMENT FGR SERV'~GES This AGREEMENT is between Pacific Rea! Assoicates, L.P. {"Client") and Terracon Consultants, Inc, Southwestern Boulevard, from Coppell Road to Grapevine {"Consultant") for Services to be provided by Consultant for Client an the Creek, in Co pelt, Texas project (uProject"), as described in the Project Information section of Consultant's Proposal dated 07/7/2009 ("Proposal")unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit are inoorporated rota this Agreement). ~. Scope of Services, The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services maybe subcontracted. Consultant's Services do nat include the investigation or detection of, nor do recommendations in Consultant`s reports address the presence or prevention of biological pollutants {e.g., mall, fungi, bacteria, viruses, ar their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's fnd'angs, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance, Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the SeNECes, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Ciient at Client's request, both parties shall consider that commencement of Services constitutes forma! acceptance of ail terms and conditions of this Agreement, Additional terms and conditions maybe added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be far convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either porky withou# prior written consent of the other party. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (nr supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client`s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid far this work according to the fees stated ar its current fee schedule. If project conditions change materially fram those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client steal! pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement {which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid far the calendar year in which they are issued. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within ~5 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shag promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exaeeding the maximum rate allowed bylaw, far all unpaid amounts 3D days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. 5. Third Party Reliance. This Agreement and the Services provided are for Consuitant and Client's sale benefiit and exclusive use with no third party benei~ciaries intended. Reliance upon the Services and any work product is limited to Ciient, and is not intended for third parties. For a limited time period not to exceed three months from the date of the report, Consultant will issue additional reparfs to others agreed upon with Client, however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consuitant receives the agreed-upon reliance fee. B. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS S0, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,D00 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVIGE5 OR THIS AGREEMENT REGARDLESS OF CAUSE{S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 1. IndemnitylStatute of Limitations. Consultant and Client shall defend, indemnify, and hold harmless the other, their agents, and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each parley in proportion to its own negligence under comparative fault principles. Causes of action arising out of Consultant's services ar this Agreement regardless of cause{s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of services on the project" 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BYLAW, INCLUDING WARRANTIES OF MERCHANTABILITY ANO FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry; (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($~,OD0,000); (ii) commercial general liability insurance {$9,DOO,OOD occ 1$2,DOD,000 agg); (iii) automobile liability insurance ($1,OOO,DOD B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,0OO,ODO claim ! agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party an all general liability and property coverage. Agreement Reference Number (Terracon Proposal orProject Number):P08942080A-R Pa e 1 of 2 Rev. 8-D5 Page (8/2812009) Keith Marvin - P08942080A-R.pdf ~~ o'Lr r ~cr~ 1fl. CONSEQUENTIAL DAMAGES NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF U5E OR OPPORTUNITY; LOSS OF GOOD WILL; GOST OF SUBSTITUTE FAGILITIES, GOODS, OR SERVICES, COST OF GAPITAL; OR FOR ANY SPECIAL, GONSEQUENTIAL, INDIREGT, PUNITIVE, OR EXEMPLARY DAMAGES. 1 . Dispute Resolution. Client shall not be entitled to asserk a Claim against Consultant based an any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring antl test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services, however, Client accepts that invasive services such as drilling ar sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consuitant will provide test results antl opinions based on tests antl field observations only for the work tested. Client understands that testing and observa~on are oat continuous ar exhaustive, and are conducted to reduce -oat eliminate -project risk. Client agrees to the level or amount of testing performed antl the associated risk. Client is responsible (even if delegated to contractor) far notifying and scheduling Gonsultant sa Consultant can perform these Services. Consultant shall not be responsible for the quality and completeness of contractor's wank or their adherence to the project documents, and Consultant's performance of testing and observation services snail not relieve contractor in any way from its responsibility far defects discovered in its work, ar create a warranty or guarantee. Consultant will oat supervise or direct the work performed by contractor or its subcontractors and is not responsible far their means and methods. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Ciient that relate to the identity, location, quantity, nature, ar characteristic of any hazardous waste, toxic, radioactive, ar contaminated materials {"Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is oat responsible for the disposition of Affected Material unless specifically provided in the Services, and that Client is responsible for directing such disposition. In the event that test samples obtained during the performance of Services (i) contain substances hazardous to health, safety, or the environment, ar {ii) equipment used during the Services cannot reasonably be decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment andlor samples are transported and disposed of properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation ar existence of any Affected Materials conditions at the site. Accordingly, Client waives any claim against Consultant and agrees to indemnify and save Consultant, its agen#s, employees, and related companies harmless from any claim, liability ar defense cost, including attorney and expert fees, for injury or loss sustained by any partjr from such exposures allegedly arising out of Consultants non-negligent performance of services hereunder, ar far any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, ar calculations, prepared by Consultant snail remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sale properly of Consultant. Files snail be maintained in genera) accordance with Consultant's document retention policies and practices. 16, Utilities. Ciient snail provide the location andlor arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage ar injury to subterranean structures or utilities. Consultant shall not be responsible far damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant, 17. Site Access and Safety. Client snail secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall oat be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. 18. Termination. Either party may ter 'ate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and es earne to of ermination plus reasonable costs of dosing the project. Consultant: Tea C s n Ciient: Pacific Realty Associates, L,P, By: Date: 0711712009 By: Date: NamelTitle: E ' J~ eveland, P .ISr. Project Engineer NameCfitle: Address: 8901 Carpenter F ., Suite 1fl0 Address: 15350 SW Sequoia Parkway, Suite 300 Dallas, Texas 75247 Portland, Oregon 97224 Phone: 214.630.1010 Fax: 214,630.7070 Phone: 503.624.6300 Fax: 503.523,7619 Agreement Reference Number {Terracon Proposal orProject Number):P08942080A-R Page Pa e 2 of 2 Rev. 8-05 (8/2812009) Keith Marvin - P08942080B-R.pdf July 1 ~, 2009 Mr. Matthew Oyen Pacific Realty Associates, L.P, 15350 SVV Sequoia Parkway, Suite 300 Portland, Oregon 97224 '~ ~ ~~ Consulting engineers & Scientists 8981 Carpenter Freeway, Suite 1qq Dallas, Texas 75247 Phone 214.630.1g1q Fax 214,53q.7g7q www.terracon.com Subject: Proposal for Construction Materials Testing Services Southwestern Boulevard Grapevine Creek to Be[tline Road Coppell, Texas Terracon Proposal No. P08942080B-R Dear Mr. Oyen: Terracon is please to submit this cost estimate to perform the construction materials testing services for the referenced project. In this letter, we present our understanding of the scope of the project and our proposed services. In addition, we have provided our Estimated Total Cost 1 Budgetforthe project (Exhibit C}, given the information we have received and the assumptions we have made, broken down by testinglobservation service categories anticipated for each. 1.0 PROJECT INFORMATION The project consists of the construction of approximately 2100 lineal feet of new roadway for Southwestern Boulevard andf about 200 lineal feet for Bullock Drive, The roadway will be 8 inches thick and will be placed over a lime modified subgrade. Utility improvements will consist of about 2000 lineal feet of storm sewer, 2400 lineal feet of sanitary sewer and about 2000 feet of new water line. 2.0 PROJECT STAFFING AND ADMINISTRATION Terracon's approach to providing materials engineering services is to assign qualified engineering technicians, directed by Professional Engineers registered in the State of Texas, to perform the required tests for your project. Our technicians are certified by the American Concrete Institute (ACI}, and many are also certified by the National Institute for Certification in Engineering Technologies (NICET}and all are involved in continuing training through on-the job b experience and formal instructions. Terracon is accredited by The American Associatian of State Highway and Transportation Officials (AASHTO} to perform the field and laboratary tests listed in this cost estimate. Terracon's Project Manager's responsibilities will include: ^ Attend construction meetings on as requested basis, ^ Coordinate field and laboratory testing, ^ Verify testing and observations are in accordance with the Project Documents, ^ Communicate with our field technician, Contractor, and Owner's representative, ^ Review laboratory and field test reports and contractor submittals, ^ Perform statistical evaluations of concrete mixes used in the construction, ^ Manage our budget and invoice. Page Delivering Success far Clients and employees Since 19fi5 More Than 90 Offices Nationwide (8/2812009) Keith Marvin - P08942080B-R.pdf Soufhwestern Blvd, -Grapevine Creek to Beltlrne Rand Coppell, Texas Terracon Proposal No. P08942080B-R July 17, 2009 3.0 PROJECT FEE C}ur ESTIMATED TOTAL COST 1 BUDGET for providing the above scope of services is $19,499.04 This estimate is based on our review of the plans and specifications, our knowledge of the project and our experience with similar projects. Services not included in this proposal, which maybe requested by the client or its representative, will be billed at Terracon's 2008 Standard unit rates. Overtime is defined as all hours in excess of eight hours per day, outside of the normal hours of 7:00 a.m, to 5,00 p.m. Monday through Friday, and all hours worked on weekends and holidays, overtime rates when used are shown as 1.5 times the regular hourly rate quoted. You will be invoiced on a monthly basis for services actually performed andlor as authorized or requested by you or your representative. 4.0 AUTHORIZATION This proposal may be accepted by executing both originals of the attached Agreement for Services and returning one executed copy, along with this letter, to Terracon. This proposal for services and accompanying [imitations shall constitute the terms and conditions far our services to be performed for this project. Vve appreciate the opportunity to propose on this project. Please call us at 214-630-1010 if you have any questions or comments regarding any aspect of this proposal. Sincerely, Terraco ons t ,Inc. Eric J. CI land P.E. Senior Project Engineer Page 2 Attachments, Exhibit B-Scope of Services Exhibit C-Compensation Agreement for Services (8/2812009) Keith Marvin - P08942080B-R.pdf Soufihwesfiern Blvd. -Grapevine Creek fio Belfiiine Road Cappell, Texas Terracon Proposal No. P08942080B-R July ~7, 2009 ~EXHlBIT B) scoPEO%sERVcEs Terracon proposes to provide the following scope of services based on our review of the project plans and specifications made available at this date and our experience with similar projects. A. Earthwork a) Sample materials proposed use for paving sub-grade and flex base materials. Prepare and test the samples far Atterberg Limits (ASTM D4318} and Moisture Density Relationship (ASTM D698). b) Perform field moisture and density tests using the nuclear method (ASTM D6938) to determine the maisture content and percent compaction of the soil materials, and observation of the earthwork installation. B. Concrete a) At the job site, monitor each load of concrete when not performing sample tests. Sample the fresh concrete far each mix and perform required tests including slump, air content, ambient and concrete temperature, and cast test specimens (4 cylinders per 100 cy per mix per day) during placements (ASTM C172, C31, C143, C173 and C1064). b) Transport concrete test cylinders from the field to our laboratorywithin 48 hours forfinal curing and later testing (ASTM C31). c) Perform compressive tests of concrete test cylinders cast in the field (ASTM C617, C39). Page 3 we re uest a minimum of 24 hours notice to ro erl schedule our services. (8/2812009) Keith Marvin - P08942080B-R.pdf EXHIBIT C TERRACON CONSULTANTS, INC. COMPENSATION Client: Pacific Realty Associates, L.P. Date: July 17, 2009 Portland, Oregon Project: Southwestern Boulevard Proposal Na, : P08942080B-R Grapevine Creek to Beltline Raad Coppell, Texas Unit Rate Quantity Total EARTHWORK Engineering Technician, Level I, per hour Amin 4 hours) 40.00 180 7,200.00 Optimum MaisturelDensity relationship~ASTM D698), ea. 150.00 5 750.00 Atterberg limits, each 50.00 5 250.00 Material finer than #200 sieve, each 25.00 3 75.00 Nuclear Density Gauge, per day 50.00 40 2,000.00 Vehicle charge, per trip 45.00 45 2,025.00 Subtotal $ 12,300.00 CONCRETE Engineering Technician, Level I, per hour Amin 4 hours) 40.00 80 3,200.00 Concrete test cylinders, each 14.00 106 1,484.00 Cylinder pickup, per hour 40.00 8 320.00 Concrete Cores for Thickness, each 75.00 10 750.00 Patching Core Hnles, each 20.00 10 200.00 Care Length Measurement, each 20.00 10 200.00 Vehicle charge, per trip 45.00 1 45.00 Subtotal $ 6,199.00 ENGINEERING !MANAGEMENT Project manager, per hour 100 10 1,000.00 Subtotal $ 1,000.00 ESTIMATED TOTAI. COST I BUDGET $ 19,499,00 Page 4 Page 1 of 3 (8/2812009) Keith Marvin - P08942080B-R.pdf EXHIBIT C COMPENSATION Client: Pacific Realty Associates, L.P. Date: July 17, 2009 Portland, Oregon Project: Southwestern Boulevard Proposal No.: P08942080B-R Grapevine Creek to Beltline Road Cappell, Texas Clarifications and Assumptions 1. The testing and observation in this Cost Estimate represents all the testing and observation services to be provided an this project unless additional services are requested by the client. No other testing ar observation is included in this proposal estimate. 2. We obtained estimated quantities from drawings and specifications provided by the architect and from typical assumed placement rates. 3. We have assumed in-place density tests atone per 100 linear feet per lift for utility trench backfill, and we have also assumed one per 9,000 sf per lift for paving subgrade. 4. We have assumed a concrete test frequency of one set of three cylinders per 100 cy or fta per mix per day, 5. We have included project management time to attend pre-construction and progress meetings as called, to coordinate our agreed scope of QCIQA activities, to review and sign all reports, and to monitor budget issues among other normal project manager activities. Limitations of Authority of Terracon 1. Terracon is not authorized to release, revoke, alter or enlarge the requirements of the contract documents. 2. Terracon will not approve or accept any portion of the work. 3. Terracon will not assume ar perform any duties of the Contractor. 4. Terracon has no authority to stop the work. 5. Terracon will perform observations, sampling and testing of materials and construction as listed in this proposal. Additional services will be provided when required by the Architect 1 Engineer and authorized by the client. 6. Terracon is not responsible far site safety issues except as it pertains to the behavior of our employees an site. Page 5 Page 2 of 3 (8/2812009) Keith Malvin - P08942080B-R.pdf r~xHIBIT c COMPEI~iSATION Client: Pacific Realty Associates, L.P. Date: July 17, 2009 Portland, Oregon Project: Southwestern Boulevard Proposal No.: P08942080B-R Grapevine Creek to Beltline Road Copped, Texas Other Clarifications and Requests Our office is located at 8901 Carpenter Freeway in Dallas, Texas. Our main phone is 214-630-9010. Our fax is 214-630-?070. services. All services must be scheduled through our dispatcher. Cancellations shall also be through our dispatcher. Our dispatch is available between the hours of 6:30 am to 4:30 pm. After hours cads are handled by our voice mail system. It is recommended that you schedule services through our dispatch during our regular working hours noted above. Voice mail is checked the following morning. Same day call-ins or after hour voice mail call-ins for work the following day are subject to the availability of personnel. We can not guarantee service for same day call-ins. To old us in assisting you on your project, we request a set of specifications (project manual) and a set of half-size pions to use in the field. We also request to be copied any applicable addendums, plan changes or RFI's. Compensation for our services will be based upon the actual work and tests performed in accordance with the unit rates shown. The estimated costs we have indicated are approximate. ESTIMATED TOTAL COST does not include: any retests ar reobservations; or any changes to the contract documents. Invoices for our services are payable within 30 days with no retainage. Unit prices are for local services portal to portal, between 7:00 am and 5:00 pm, Monday through Friday. Overtime will be charged at the rate of 1.50 times the normal rate. Oniy those services requested and authorized will be provided. This proposal may be accepted by executing bath originals of the Agreement for Services and returning one executed copy along with this proposal to Terracon. One fully executed copy maybe kept far your files. This Proposal for Services and accompanying limitations shall constitute the exclusive terms and conditions and services to be performed far this project. Please attach a list of contacts far report distribution. Page 6 Page 3 of 3 (8/2812009) Keith Marvin - P08942080B-R.pdf i- lferracon ~IG~EE~~~~ ~®~ sEw~cEs This AGREEMENT is between Pacific Realt Associates, t..P. ("Client"} and Terracon Consultants, Inc. COST DP CAPITAL; OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; OR 1=0R ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. anal negligence unless ~logist that Consultant to Cansultant and the gent shall be governed :e borings, test pits, or ~su[tant may deviate a ~ performing Services; is not provided unless that such procedures t results and opinions tinuous or exhaustive, associated risk. Ciient Services. Cansultant :nts, and Consultant"s covered in its work, or ;ontractors and is not ~n completion of tests information known or toxin, radioantive, or ~ised information as it ifcally provided in the rfom~ance of Services cannot reasonably be sorted and disposed of nt shall Gonsultant be eke all spin or release creation or existence of rid save Consultant, its fees, for injury or loss :rider, or for any claims nsultant shall remain in the sale property of Cansultant shall take rnsible for damage to tility locate service, or cessary to commence rvisian antl site safety ether parties, including ~nsultant shall be paid suite 300 23.7019 11. Dispute Resolutiian. Client shall not be entitled to assert a Claim against Consultant based on any theory of professic and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or ge+ has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreen by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrei other exploratory services. Client understands Consultant's layout of baring and test locations is approximate and that Car reasonable distance from thane locations. Consultant will take reasonable precautions to reduce damage to the site wher however, Client accepts that invasive services such as drilling nr sampling may damage or alter the site. Site restoration specifically included in the Services. 13. Tes#ing and Observations. Ghent understands that testing and observation are discrete sampling procedures, and indicate conditions only at the depths, lacatians, and times the procedures were performed. Consultant will provide ten based on tests and field observations only far the work tested. Client understands that testing and observation are not con and are conducted to reduce -not eliminate -project risk. Ghent agrees to the level or amount of testing performed and the is responsible (even if delegated to contracfior} far notifying and scheduling Cansultant sa Gonsultant can perform then shall not be responsible far the quality and completeness of contractor's work or their adherence to the project dacumE performance of testing and observation services shall not relieve contractor in any way from its responsibility far defects din create a warranty or guarantee. Cansultant will not supervise or direct the work performed by contractor ar its subs responsible far their means and methods. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of ups (unless stated otherwise in the Services}. Client shall furnish or cause to be furnished to Consultant all documents and available to Client that relate to the identity, location, quantity, nature, ar characteristic of any hazardous waste, contaminated materials ("Affected Materials"} at or near the site, and shad immediately transmit new, updated, or rev becomes available, Client agrees that Consultant is not responsible for the disposition of Affected Material unless sped Services, and that Ciient is responsible far directing such disposition. In the event that test samples obtained during the pe {i} contain substances hazardous to health, safety, or the environment, or (ii} equipment used during the Services c decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment andlor samples are transf properly, and agrees to pay Gonsultant the fair market value of this equipment and reasonable disposal costs. In na eve required to sign a hazardous waste manifest or take title to any Affected Materials. Glient shah have the obligation to m= notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the c any Affected Materials conditions at the site. Accordingly, Ciient waives any claim against Gansultant and agrees to indemnify a agents, employees, and related companies harmless from any claim, liability ar defense Host, including attorney and expert sustained by any party from such exposures allegedly arising out of Consultant's non-negligent perfom~ance of sen+ices hereu against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. V!lork product, suah as reports, lags, data, notes, or calculations, prepared by Ca Consultant's property. Proprietary concepts, systems, and ideas develnpetl during performance of the Services shall rema Consul#ant. Files shall be maintained in general accordance with Gonsultant's document retention policies and practices. 16. Utilities. Client shag provide the location andlor arrange for the marking of private utilities and subterranean structures. reasonable precautions to avoid damage or injury to subterranean structures ar utilities. Gonsultant shall Hat be respc subterranean structures ar utilities that are Hat called to Consultant's attention, are Hat correctly marked, including by a u are incorrectly Shawn on the plans furnished to Consuitant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents nee and complete the Services and will execute any necessary site access agreement. Consuitant will be responsible far nape measures for its awn employees, but shall not be responsible far the supervision or health and safety precautions far any c Ciient, Client`s contractors, subcontractors, or other parties present at the site. 18. Termination. Eith~ party may term' ate this Agreement or the Services upon written native to the other. In such case, C+ costs incurred and ees earned t date of termination plus reasonable casts of closing the project. Consuitant: Terr can an By: NamelTitle: . Address: 890 Carpenter Dallas, Texas 75247 Phone: 214.~i30.1010 / Date: 07!1712009 .ISr. Project Engineer „ Suite 100 2'14.630.7070 Client: Pacific Realty Associates, L.P. By: Date NamelTitle: Address: 15350 SW Sequoia Parkway, ; Portland, Oregon 97224 Phone: 503.624.6300 Fax: 503.5; Agreement Reference Number (Terracon Proposal or Project Number}:P08942080B-R Page (8/2812009) Keith Marvin - P08942080B-R.pdf ~r 70. CONSEQUENTIAI. DAMAGES. NEITHER PARTY SHALL E LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF U5E OR OPAORTUNITY; LOSS OF GOOD W[LL; COST OF SUBSTITUTE FACIL[TlES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, 0R EXEMPLARY DAMAGES, 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion fram a registered, independent, and reputable engineer, architect, or geologist that Cansuitant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on lags of discrete borings, test pits, ar other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Cansu[tant may deviate a reasonable distance fram those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage nr alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based an tests and field observations only far the wank tested. Client understands that testing and observation are not continuous ar exhaustive, and are conducted to reduce -oat eliminate -project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor) for notifying and scheduling Cansuitant so Consultant can perform these Services. Consultant shall oat be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Consultant"s performance of testing and observation services shall oat relieve cantractar in any way fram its responsibility far defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise nr direct the work performed by cantractar or its subcontractors and is not responsible far their means and methods. Page 14. Sample Disposi#ian, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests (unless stated otherwise in the Services). Client shah furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, taxis, radioactive, or contaminated materials ("Affected Materials") at ar near the site, and shall immediately transmit new, updated, ar revised information as it becomes available. Client agrees that Consultant is not responsible far the dispasitian of Affected Material unless specifically provided in the Services, and that Client is responsible for directing such dispasitian. In the event that test samples obtained during the performance of Services (i) contain substances hazardous to health, safety, or the environment, or (ii} equipment used during the Services cannot reasonably be decontaminated, Client shah sign documentation (if necessary) required to ensure the equipment andlar samples are transported and disposed of properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal casts. In no event shall Consultant be required to sign a hazardous waste manifest ar take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Cansuitant neither created nor contributed to the creation ar existence of any Affected Materials conditions at the site. Accordingly, Client waives any claim against Consultant and agrees to indemnify and save Consultant, its agents, employees, and related companies harmless fram any claim, liability ar defense cost, including attorney and expert fees, far injury ar loss sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder, or far any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, ar local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services sha[I remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location andlar arrange far the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consul#ant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are oat correctly marked, including by a utility locate service, ar are incorrectly shown on the plans famished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, pem7its, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures far its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or ether parties present at the site. 18. Termination. Eithg~ party may term' ate this Agreement ar the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and ees earned t date of termination plus reasonable costs of closing the project. Consultant: Terr con an a Sy: NameCCitle: ~ Address: 89A Carpenter F Dallas, Texas 75247 Phone: 214.630.1010 Date: 07117/2009 :.ISr. Project Engineer Suite 100 x14.630.7070 Client: Pacific Realty Associates, L.P. 8y: Date: Narnefi'itle: Address: 15350 SW Sequoia Parkway, Suite 300 Portland, Oregon 97224 Phone: 503.624.6300 Fax: 903.523.7619 Agreement Reference Number ~Terracan Proposal arProject Number):P0894Z08QB-R Pa~af 2 Rev. 8.05