ST1002-CN111005 [ erracon
September 26, 2011
Keith Marvin
City of Coppell
PO Box 9478
Coppell, Texas 75019
Subject: Budget Estimate for Construction Materials Testing Services
Old Town Coppell and Bethel Road
Project No. ST 10 -02
Terracon Project No. 94111246
Dear Mr. Marvin:
Thank you for selecting Terracon to perform the Construction Materials Testing and Observation
Services for the referenced project. In this letter, we present our understanding of the scope of the
project, our proposed services (Exhibit B), and our cost estimate (Exhibit C).
1.0 PROJECT INFORMATION
The project consists of the construction of new 8 inch paving along Houston Street, Travis Street,
Eat main Street, West Main Street, Main Street Burnet Street and Crockett Street in Old Town
Coppell. Bethel Street will also be reconstructed from Coppell Road to Freeport Parkway. Five
alleys will be re- paved. The paving subgrade will be lime treated. Underground utilities consisting of
about 3400 linear feet of storm sewer, 5800 linear feet of water line and about 3100 linear feet of
sanitary sewer are also included in the construction.
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 experience and
formal instructions. Terracon is accredited by The American Association of State Highway and
Transportation Officials (AASHTO) to perform the field and laboratory tests listed in this cost
estimate. Terracon's Project Manager's responsibilities will include:
• 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
• Manage our budget and invoice
Terracon Consultants, Inc. 8901 Carpenter Freeway, Suite 100 Dallas, Texas 75247 Registration No F -3272
P [2141 630 1010 F [214] 630 7070 terracon.com
Geotechnical • Environmental • Construction Materials • Facilities
Old Town Coppell and Bethel Road
Coppell, Texas
Project No. 94111246
September 26, 2011
3.0 COMPENSATION
Our cost for providing the above scope of services is estimated to be $47,132.00. A breakdown of
the cost is attached. Please note that cost is based on the quantity of hours and tests indicated in
the attached cost breakdown. If these quantities are exceeded at the request of the contractor and
authorized by the Client, additional fees will apply.
Services not included in this proposal, which may be requested by the client or its representative,
will be billed at Terracon's 2009 Standard unit rates. You will be invoiced on a monthly basis for
services actually performed and /or as authorized or requested by you or your representative.
4.0 AUTHORIZATION
This proposal for services and accompanying limitations shall constitute the terms and conditions for
our services to be performed for this project. Terracon's fee is due within thirty days following
receipt of invoice.
We appreciate the opportunity to propose on this project. Please call us at 214 - 630 -1010 if you
have any questions or comments regarding this proposal.
Sincerely,
Terraco o sulta • s, Inc.
Eric J. C1- vel6nd, P.E. Robert D. Ray
Senior Project Manager Senior Project Manager
Attachments: Scope of Services (Exhibit B)
Compensation (Exhibit C)
Agreement for Services
Old Town Coppell and Bethel Road
Coppell, Texas
Project No. 94111246
September 26, 2011
(EXHIBIT B)
SCOPE OF SERVICES
Terracon proposes to provide the following scope of services based on our experience with similar
projects.
A. Earthwork
a) Sample materials proposed for use as subgrade for paving areas and utility backfill.
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.
c) Perform gradation tests on lime treated soils.
B. Concrete
a) At the jobsite, monitor each load of concrete when not performing sample tests. Sample
the fresh concrete for each mix and perform required tests including slump, air content,
concrete temperature, and cast test specimens (4 cylinders per 100 cy or fraction
thereof per mix per day) during placements (ASTM C172, C31, C143, C173, C1064).
b) Transport concrete test cylinders from the field to our laboratory within 48 hours for final
curing and later testing (ASTM C31).
c) Perform compressive tests of concrete test cylinders cast in the field (ASTM C617,
C39).
d) Obtain cores from the completed pavement sections and measure for length (ASTM
C174)
We request a minimum of 24 hours notice to properly schedule our services.
EXHIBIT C
TERRACON CONSULTANTS, INC.
COMPENSATION
Client: City of Coppell Date: September 26, 2011
Coppell, Texas
Project: Old Town Coppell and Bethel Road Project No. : 94111246
Infrastructure Improvements
Coppell, Texas
Unit Rate Quantity Total
EARTHWORK
Engineering technician, level I, per hour (min 4 Hours) 40.00 320 12,800.00
Optimum Moisture /Density relationship(ASTM D698), ea. 150.00 10 1,500.00
Atterberg limits, each 50.00 10 500.00
Material finer than #200 sieve, each 25.00 8 200.00
Nuclear density gauge, per day 50.00 74 3,700.00
Vehicle charge, per trip 45.00 80 3,600.00
Subtotal $ 22,300.00
CONCRETE
Engineering technician, level I, per hour (min 4 Hours) 40.00 280 11,200.00
Concrete test cylinders, each 14.00 348 4,872.00
Cylinder pick -up, per hour 40.00 32 1,280.00
Concrete cores for thickness, each 75.00 24 1,800.00
Patching core holes, each 20.00 24 480.00
Core length measurement, each 20.00 24 480.00
Vehicle charge, per trip 45.00 56 2,520.00
Subtotal $ 22,632.00
ENGINEERING / MANAGEMENT
Project manager, per hour 100.00 22 2,200.00
Subtotal $ 2,200.00
ESTIMATED TOTAL COST / BUDGET $ 47,132.00
Page 1 of 3
EXHIBIT C
TERRACON CONSULTANTS, INC.
COMPENSATION
Client: City of Coppell Date: September 26, 2011
Coppell, Texas
Project: Old Town Coppell and Bethel Road Project No. : 94111246
Infrastructure Improvements
Coppell, Texas
Clarifications and Assumptions
1. The testing and observation in this Cost 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 City of Coppell specifications with regard to test frequency.
3. We have assumed in -place density tests at one per 150 linear feet per lift for utility trench backfill,
and we have also assumed one tests per 5,000 square feet per lift for paving and sidewalk subgrade.
4. We have assumed a concrete test frequency of one set of four cylinders per 100 cy or fto per mix per day.
5. We have also estimated one cores per every 300 linear feet of concrete pavement for thickness verification.
6. We have included project management time to attend pre- construction and progress meetings as called,
to coordinate our agreed scope of QC /QA 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 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 / 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 2 of 3
EXHIBIT C
TERRACON CONSULTANTS, INC.
COMPENSATION
Client: City of Coppell Date: September 26, 2011
Coppell, Texas
Project: Old Town Coppell and Bethel Road Project No. : 94111246
Infrastructure Improvements
Coppell, Texas
Other Clarifications and Requests
Our office is located at 8901 Carpenter Freeway in Dallas, 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
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 aid us in assisting you on 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, 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 or 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. Only those services requested and
authorized will be provided.
Five (5) copies of test reports are included for distribution as directed by the client at no additional charge.
Additional copies of test reports requested and approved by the client will be charged at $0.45 per page
to cover copying and mailing costs.
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1Farracon
AGREEMENT FOR SERVICES
This AGREEMENT is between the City of Coppell, Texas ("Client ") and Terracon Consultants, Inc. ("Consultant ") for Services to be provided by
Consultant for Client on the Old Town Coppell and Bethel Road project ( "Project), as described in the Project Information section of Consultant's
Proposal dated September 26, 2011 ( "Proposal ") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is
incorporated into this Agreement).
1. 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 may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's
reports address 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 findings, 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
Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both
parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional
terms and conditions may be 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 for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without 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 (or 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 for this work according to the fees stated or its current fee schedule. If project conditions change materially from 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 shall 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 for 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 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall
promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all
unpaid amounts 30 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 Consultant and Client's sole benefit and exclusive use with no third
party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, 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 reports 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
Consultant receives the agreed -upon reliance fee.
6. 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 SO, 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 $50,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING
ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES 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.
7. Indemnity /Statute 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 party in proportion to its own negligence under comparative
fault principles. Causes of action arising out of Consultant's services or 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 BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND 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
($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and
P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon
request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
Agreement Reference Number (Terracon Proposal or Project Number):94111246
Page 1 of 2 Rev. 1 -08
1Ferracon
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS
OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL;
OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR 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 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 and 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 or 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. Consultant will provide test results and opinions
based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive,
and are conducted to reduce - not 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 Consultant so Consultant can perform these Services. Consultant
shall not 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 not relieve contractor in any way from its responsibility for defects discovered in its work, or
create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or its subcontractors and is not
responsible for 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 Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or
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 not 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, or (ii) equipment used during the Services cannot reasonably be
decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment and /or 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 or 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 from any claim, liability or defense cost, including attorney and expert fees, for injury or loss
sustained by any party from such exposures allegedly arising out of Consultant's non - negligent performance of services hereunder, or for 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, or calculations, prepared by Consultant shall remain
Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall 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 and /or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for 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 shall 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 not 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 . arty may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid
costs incurred and -es earned to h- .ate of termination plus reasonable costs of closing the project.
Consultant: Ter = co • • • t(nts, Inc. Client: it • oppgl
By: �� Date: 9/26/2011 By: jilILIF Date: 1 c> 5 A2. 0/1
Name/Title: Eri. Clev = land, P.E. Name/Title i 1 ; C cx. r\ a c e •�
Address: 8901 Carpenter Frwy., Ste. 100 Address: 255 East Parkway Boulevard
Dallas, Texas 75247 Coppell, Texas 75019
Phone: 214.630.1010 Fax: 214.630.7070 Phone: 972 - 304 -3681 Fax: 972 - 304 -3570
Agreement Reference Number (Terracon Proposal or Project Number):94111246
Page 2 of 2 Rev. 1 -08