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ST0501-CN111214Page 1 of 1 George Marshall - DeForest Road CMT Retesting Proposal and Agreement From: <motiarggeeconsultants.com> To: "Caudill, Robert" <rcaudillgTiseoPaving.com> Date: 12/14/20114:27 PM Subject: DeForest Road CMT Retesting Proposal and Agreement CC: "Marshall, George" <gmarshallgcoppelltx.gov >, "GEE, Richard W." <rich... Attachments: DeForest Road CMT Retesting Proposal and Agreement.pdf Mr. Caudill: Based on yesterday's pre -con meeting, any retesting required and performed at Deforest Road reconstruction project will be Tiseo Paving's responsibility. As such, we have attached herewith an agreement and fee schedule. Please sign the agreement and return us a signed copy of the agreement at your earliest convenience. Please let us know if you have any questions. We look forward to working with you. Thanking you, Mo Rahman Texas CMT, Inc. / GEE Consultants, Inc. 214 - 352 -6957 (Phone), 214 - 352 -6972 (Fax) file: / /C: \Documents and Settings \radloo \Local Settings \Temp \XPgrpwise \4EE8CE60City... 12/15/2011 10044 Monroe Drive 0 Dallas, Texas 75229 December 13, 2011, Mr. Robert Caudill Tiseo Paving Company P.O. Box 270040 Dallas, Texas 75227 RE: Construction Material Testing Deforest Road Reconstruction Project 4 ST 05-01 Coppell, Texas Dear Mr. Caudill: .4 r"11 exas CMT Inc. GEE Consultants, Inc. • (214) 352.6957 - Fax (214) 352-6972 - www,texascmt.com As per the December 13, 2011 preconstruction meeting and project specifications, Tiseo Paving Company will be responsible for paying f6r any retesting of construction materials for the above referenced project. As such, enclosed is a copy of our fee schedule along with the Agreement for Materials Engineering and Related Construction Observation and Materials Testing Services. Please sign the Agreement page and mail it to us prior to the start of construction and the necessity for any possible retests. Should you have any comments and/or questions, please do not hesitate to contact us. We are looking forward to working with you. Sincerely, Texas CMT Inc. Mlo&ia�,' M.SI.E., P-1. Project Engineer Construction Material Engineering Division MR:RWG/dwe Enclosure: Agreement and 2011 Fee Schedule cc.- Mr. George Marshall, P.E.-City of Coppell Richard W. Gee, P.E. President AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES THIS AGREEMENT is by and between: Mr. Robert Caudill Tiseo Paving ComL)any P.O. Box 270040 Dallas, Texas 75227 hereinafter called CLIENT and Texas CMT, Inc., a Texas corporation, hereinafter called Texas CMT, who agree as follows: DECLARATIONS. CLIENT desires to engage Texas CMT to provide Materials Engineering and related construction observation and materials testing services in connection with CLIENT's project ("THE PROJECT") described as follows: Deforest Road Construction Project # ST05-01 Coppell, Texas Texas CMT has submitted a fee schedule to CLIENT, a copy of which is attached hereto and made a part hereof as Exhibit "A", for Materials Engineering and related construction observation and materials testing services, which fee schedule is acceptable to CLIENT. 1 SCOPE OF WORK. Texas CMT shall provide Materials Engineering and related construction observation and materials testing services for THE PROJECT in accordance with the accompanying, proposal "scope of services" made a part hereof as Exhibit B and the "terms and conditions" set forth on the back of and made a part of this Agreement. EXECUTED THIS _ day of .2011. CLIENT By: Title: TO BE COMPLETED BY CLIENT FOR PAYMENT OF SERVICES: Firm: Address: Texas nc N By:. Title: President Date: City_, State Zip Code:_ Phone No. Attention: Title: Invoice to the Account of: FOR APPROVAL OF INVOICE(S): If the invoice is to be mailed for approval to someone other than the account charged, please indicate where to mail the invoice in the space below. Firm: Address: Zip Code: — Phone No, Attention: Title: PERSON OR FIRM TO ACT AS CLIENT'S REPRESENTATIVE WITH RESPECT TO Texas CMT'S SERVICES Client's Representative: Person or firm authorized to schedule observation and testing: PERSONS OR FIRMS AUTHORIZED TO RECEIVE COPIES OF "Texas CMT'S OBSERVATION AND TEST REPORTS: RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES aIZ I it I L 1. SF.RVICI'S: Texas CMT will: be required to conduct the sampling, testing or inspection of operations Net forCLIENT 'n a professional manner, using that degree of care and skill covered by the Agreement. ordinarily exercised by and consistent with the standards of the profession practicing, in the same or similar locality of THE PROJECT site, 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 Provide ide only those services that, in the opinion of Texas CMT, lie within the party, Texas CMT shall be paid in full for all services performed through the icchnical and professional areas of expertise of Texas CMT and which Texas termination date, and the CLIENT shall be provided with a complete report of ('MT is adequately staffed and equipped to perform, the results of test and analysis conducted prior to termination. Texas CMT 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 subcontractor to construct any aspect of THE PROJECT in accordance with recornmendations, contained in any correspondence or verbal recommendation issued by Texas CMT. 'I exas CMT is not authorized to revoke, alter, relax, enlarge or release any I Ci_JL1i1VolC1h ofTHE PROJECT' specifications or other contract documents nor to approve or accept any portion of the work, unless specifically authorized in \N riling by CLIENT or his authorized representative. Texas CMT shall not have the right of rejection or the right to stop the work, except for such periods as may Perform all technical services under the general direction of a Registered 3.5 Neither CLIENT nor Texas CMT may delegate, assign, sublet or transfer his Professional Engineer and in substantial accordance with the basic re- duties or interest in this Agreement without the written consent of the other LILHIVITICutS of the appropriate Standards of The American Society for Testing party, and Materials, where applicable, or other standards designated by CLIENT. 16 The only WARRANTY made by Texas CMT in connection with its services Promptly submit formal reports of all tests, inspections and services per- per-formed hereunder is that it will use that degree of care and skill as set forth formed indicating where applicable, compliance with THE PROJECT in Article 1.1 above. No other WARRANTY, expressed or implied, is made Specifications or other contract documents. Such reports shall be complete or intended for services provided hereunder or furnishing oral or written and tactual, citing the tests performed, methods employed, values obtained, reports of findings made. parts of the Structure or PROJECT area involved. ARTICLE 4. INSURANCE: Finploy testing machines which have been calibrated within a period not 4.1 Texas CMT shall secure and maintain throughout the full period of this exceeding twelve months from the time of use by devices of accuracy Agreement sufficient insurance to protect it adequately from claims under traceable to the National Bureau of Standards of the United States applicable Workmen's Compensation Acts and from claims for bodily injury, Department of Commerce and , upon request, submit to CLIENT, or his death or property damage as may arise from the performance of services under authorized representative, documentation of such calibration. this Agreement. Texas CMT will, upon request, file certification of such insurance coverage with CLIENT or his authorized representative. Within the 6 Consider ail reports to be the confidential property of CLIENT, and distribute limits and conditions of such insurance, Texas CMT agrees to indemnify and reports only to tile persons, organizations or agencies specifically designated save CLIENT harmless from and against any loss, damage, or liability arising in writing by CLIENT or his authorized representative. from any negligent acts by Texas CMT its agents, staff and consultants employed by it. Texas CMT shall not be responsible and CLIENT shall Retain all pertinent records relating to the services performed for a period of indemnify Texas CMT for any loss, damage or liability arising from any five years following submission of the report, duringwhich period therecords negligent acts by CLIENT, its agents, staff, and other consultants employed will be made available to CLIENT at all reasonable times. by it, and any claim asserted against Texas CMT unless it shall be determined that such claim is based on and resulted from failure by Texas CMT to ZhIO 1 1: 2, CLIENT'S RESPONSIBILITIES: CLIENT or his authorized perform its services hereunder in accordance with this Agreement. representative will: I Provide Texas CMT with all plans, specifications, addenda, change orders, 4.2 No insurance, of whatever kind or type, which maybe carried by Texas CMT, ap- proved shop drawings and other information for the proper performance is to be considered as in any way limiting the contractor's or subcontractor's ot"I'exas CMT. responsibility for damages resulting from his operations or for furnishing work and materials to THE PROJECT. CLIENT agrees, therefore, to include, or Issue authorization in writing, giving Texas CMT free access to THE cause to be included in THE PROJECT's construction contract, such PROJECT site, and to all shops or yards where materials are prepared or requirements for insurance coverage and performance bonds to be secured and stored. maintained by THE PROJECT contractor as CLIENT deems adequate to indemnify CLIENT, Texas CMT, and other concerned parties, against claims Designate in writing a person or firm to act as CLIENT's representative with fordarnages and to insure compliance of work performance and materials with respect to Texas CIVIT's services to be performed under this Agreement; such THE PROJECT requirements. person or firm to have complete authority to transmit instructions,. receive information and data, interpret and define CLIENT's policies and decisions ARTICLE 5, PAYMENT: �N i th respect to THE PROJECT and to order, at CLIENT's expense, such technical services as may be requested by Texas CMT, 5.1 CLIENT will pay Texas CMT for services and expenses in accordance with the attached fee schedule (Exhibit A). Texas CMT will submit progress 14 Designate in writing those persons or firms who are authorized to receive invoices to CLIENT monthly and a final invoice upon completion of its work. copies of Texas clvrrs inspection and test reports. Each invoice, on presentation, is due and payable by CLIENT or his authorized representative. Vh �se Texas CMT sufficiently in advance of any operations so as to allow , for assignment of personnel by Texas CMT for completion of the required 5.2 Texas CMT shall be paid in full for all services under the Agreement, SUVICCS. Such advance notice shall be in accordance with that established by including any additional services in excess of those stated in the original 111LA1.11 agreement of the parties. Agreement, as specifically authorized by CLIENT, 2 6 Direct 'THE PROJECT contractor, either by the Construction Contract or 5.3 The CLIENT's obligation to pay for the work contracted is in no way direct written order to: dependent upon the CLIENT's ability to obtain financing, approval of (a) SeCLII-C and deliver to Texas CMT, without cost. to Texas CMT, governmental or regulatory agents, or upon the CLIENT's successful com- preliminary representative samples of those materials he proposes to pletion of the project. use which require testing, together with any relevant data of the materials, ARTICLE 6. EXTENT OF AGREEMENT: (b) Furnish such casual labor and all facilities heeded by Texas CMT to The Agreement, including these terms and conditions, represents the entire obtain and handle samples at THE PROJECT and to facilitate the agreement between CLIENT and Texas CMT and supersedes all prior specified inspection and tests. negotiations, representations or agreements, written or oral. The Agreement (c) Provide and maintain for the use of Texas CMT, adequate space at may be amended only by written instruments signed by CLIENT and Texas T I PROJECT for safe storage and proper curing of test specimens CMT. which must remain on THE PROJECT site prior to testing. ARTICLE 7. APPLICABLE LAW: .\10 i(] F 3 GENERAL CONDITIONS: Texas CMT, by the performance of services covered hereunder, does not in The Agreement shall be governed by the laws of the State of Texas. 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 Texas CMT 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 subcontractor to construct any aspect of THE PROJECT in accordance with recornmendations, contained in any correspondence or verbal recommendation issued by Texas CMT. 'I exas CMT is not authorized to revoke, alter, relax, enlarge or release any I Ci_JL1i1VolC1h ofTHE PROJECT' specifications or other contract documents nor to approve or accept any portion of the work, unless specifically authorized in \N riling by CLIENT or his authorized representative. Texas CMT shall not have the right of rejection or the right to stop the work, except for such periods as may SCHEDULE OF SERVICES AND FEES IT 11111 1.1 Asphaltic concrete mix designs a. Hveezn ..................... ........... . 3300.00 b. Marshall Method, one asphalt content ............................... '175.00 1.2 Confirmation Mix Design, using by others ............. At Unit Prices 1. 3 O1 batch plant 0r '0b&ite per man-hour . . . , . . , . . . . . . . . . . . 46/K0 1.4 Rolling Pattern Field Nuclear Density Tests, mf3 per trin.each ....... 43l0 1.5 Asphaltic Concrete Coring, per diameter-inch .......................,......, 2,75 1.6 Laboratory Density o[ Pavement Cores, each ............................... 27.00 1.7 Molding Test (3 per ne/)set ..........................,....,... 55/00 1.8 Density and Percent Voids / ) per neh'set .................................. 55])0 1.4 Hveenl S[Ubilimeter\/aloe (3 ) per set), Set . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85.00 1.10 Marshall Stability [3 per xed,set ...,........,............................ 05.00 l.12 Sand Equivalent, each .................................... . ..... 80.00 1. 13 Extraction, each ..................................................... I90.00 1.14 Specific of Aggregates, each ........... ............. .......... ''' 53.00 1.15 Sieve Analysis of Aggregates, each ....................................... 53/X0 1.16 Evaluation of each . .... .......'''..... '.... �00.00 1.17 Maximum Theoretical Density, each ..............,..............''...''' 165'00 11. PORTLAND CEMENT CONCRETE AND AGGREGATES OBSERVATION/TESTING 2.1 Portland Cement Concrete Mix Design, including Specific Gravities, Unit Weights of Aggregates, and Gradations .............. . . ..... 195J0 2.2 Additional Mix Design (using same each .............,.......... 1�0.00 2.3 Confirmation Mix Design Test Cylinders, each ..............'...,........... �2.00 7'4 Confirmation Mix Design Teat Beams, each . ..............................'.. �2.00 2.5 (�unConcrete per hour .,................''''''''''''''''''''''''' 46 ' 00 2.6 Concrete Test each ......................'.'' 30 '00 7.7 Concrete Test Beams each . . . . . . . , . . . . ' . . . . . . . . . . . . . . . . 35.00 2.8 Concrete Test Cylinders (with each ............................. 26.00 2.9 Concrete Test Beams (with each . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . 29.00 2.10 Hold eoch ........,..........,...,........'..,...''. See Rates Above 7]1 Concrete Reinforcing Steel Observation (Shop 0IFie]dl per hour .,...........,. 46.00 2\2 /\��� v/��mmo� oro�oro� ' --'-------------- ~ ~ three hours technician /inel each . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . 27.00 2.13 ' l]D�V� i �ouczu or beams -�-------- — ` ~ three hours technician +ime\,each ................................ 27.00 2.14 Specific each ............ ................. ..,'.'''''''''''''''' �� ' 80 2.15 Absorption, each .................^.....'....'......................... 26. 00 2.16 Gradation |OD(�TMC-136), each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 53-00 7}� ��0l�O�88 ' °~�^~^� 2��0O 8- �v� � �8�b .......,.............,...........',''''''''''''' ' ^ ~ Q�OU h, Each uddid0uo|cycle ..................... .................'''''''' ' 3 2.19 (�0moreteCoring ][ with echDiciouTioze,per ................'..'.' .00 �0�o 2.20 Capping and Testing (�oocrets��Oreg,each .......................... ..'.'''' ' l0�� 27l Sawing (�or��odm per end .............'....................,.......'''' ' ' " 3400 2.22 Compressive Strength of brick, block or grout per specimen ...... IMASM 2.23 Flexural Strength of brick or block, per specimen ............................ 38.00 2.24 Non-destructive Concrete Testing (excludes expendable materials), per hour ....... 85.00 2.25 Compressive Strength of 2 Block Prefab Prism, each .......................... 65.00 III. SOIL OBSERVATION/TESTING 3.1 Continuous Observation and Testing of earthwork by Technician with nuclear gauge, per hour . - - - - . ......................... ................. 53.00 3.2 In-Place Moisture-Density Tests (minimum of 3 tests per trip) a. Nuclear Method, each .............................................. 43.00 b. Other Methods, each ........... ............................... By Request 3.3 Material Sampling, per hour .......... ........................ . _ . . . _ . 46.00 3.4 Moisture Content, each ................... ............................... 8.00 3.5 Atterberg Limits ( including Liquid and Plastic Limits), each ................... 56.00 3.6 Linear Bar Shrinkage, each ........... ................................. 24.00 3.7 Slaked and Washed Sieve Analysis a. Materials processed over No. 40 U.S. Sieve, each ........................ 31.00 b. Materials processed over No. 200 U.S. Sieve, ASTM D-422, each .......... 31.00 3.8 Hydrometer Analysis (including sieves), each .............................. 240.00 3.9 Gradation of Lime Stabilized Soil per TXDOT, Item 260, per hour (minimum of 3 hours per trip) ...... ............................... 46.00 3.10 Preparation of Base Materials Binder for testing, each ......................... 30.00 3.11 Maximum and Minimum Density Tests, each ............................... 165.00 3.12 Specific Gravity Tests, each ........... ............................... 53.00 3.13 Moisture-Density Relationship a. Standard Method, ASTM D-698 or AASHTO T-99, each ................. 185.00 b. Modified Method, ASTM D- 155'7, AASHTO T -180 or TEX- I 13E, each .... 195.00 C. TXDOT Method TEX- I 14E, each ................................... 260.00 3.14 Moisture-Density Relationship with lime or cement a. Standard Method, ASTM D-698 or AASHTO T-99, each ................. 195.00 b. Modified Method, ASTM D -1557, AASHTO T -180, or TEX- I 13E, each .... 200.00 C. TXDOT Method TEX- I 14E, each ................................... 280.00 3.15 TXDOT Triaxial Series, TEX- I 17E, each ............................. By Request 3.16 TXDOT Wet Ball Mill Analysis, TEX-]{6E.each ........................... 740.00 3.17 Los Angeles Abrasion (small aggregate), each .............................. 740.00 3,18 Sample Preparation for L.A. Abrasion oc Wet Ball Mil| , � each aggregate .............. ............,............................. 46.00 3.19 California Bearing Ratio /CB laboratory 4. Native materials, per ..,......,........................... 330.00 h. Lime mrcement treated, per specimen ...................',.'.....'... 338.00 ],70 Strength and Durability of Cement Stabilized Soils a. Curing and testing of Compression Samples, each .. .... .. .. .. By ---,__~- _ Wet-Dry ~~^~^"^.^° ^^35,"""" .............. By Request C. Test, ASTM D-5600IAASHT{}7-T36,each ........... By Request ci Preparation Of Samples for 8,b0rC,each ......................... By Request 4.1 Ultrasonic/Magnetic Particle/Liquid Penetrant by Level 11 Technician with t0 per hour including standby .................... 60.00 4.2 Visual Observation Q. Structural Observation - (Shop 0/Fiekl\, per hour ...'........ 54.00 (4 hour minimum, portal to 4.3 Witness ufWelders Qualification in Field Plate or Pipe Test, per hour (4 hour minimum, portal to portal) .................. 54.00 4.4 Welders Qualification at our labc a. Pipe Test - AWS or ASME I position - 6" Schedule 40 2 position - 6" Schedule 40 1 position - 6" Schedule 80 2 position - 6" Schedule 80 ratory ......................................... 115.00 ......................................... 160.00 ..............'............. ............. 115�00 .... ,.................................... 160.00 b. PlatsTest - and testing in } position -limited thickness, ]/8" plate ............................... 170.00 7 position - limited thickness, ]/8"plate ................,............. 160.00 ] position - unlimited thickness, ]" ...........................'.. 115.00 4.5 Plate]est - Texa Standard Specification { position - }" ......,.....,,....,.'.'...,........................ 190.00 2 position - T"Dlate ........................... .............'.......... 310.00 4.6 ?ensile (50.00 min. charge - machine costs, sampling extra) a. Reduced Sections i0or less, each ..........'........................................ 50.00 l} or more, each . . ,. . .. . . .. . . . .. ... . .. . . . . . .. . . . . . .. . .. .. .. . . . . . . ' 45.00 b. Reinforcing Steel * 3 nn# 10, each , . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.00 #Ilho#l0,each .........,.......,..........,.................... 50.00 V. PROFESSIONAL /TECHNICAL SERVICES 5.1 Typist, per hour ................. .................... .......... ........ 46.00 5.2 Engineering Inspector / Technician, per hour .....................,.......... 46.00 53 Field Supervisor, per hour ............................................... 75.00 5.4 Draftsman, per hour .....,......,...,..................................' 80.00 5.5 Staff Engineer, per hour ..,.,. ......... ,................ ........... ...... 90.00 5.6 Project Geotechnical Engineer, per hour .................................... 95.00 5.7 Engineering Manager, per hour .......................................... 110.00 5.8 Principal Engineer, per hour ............................................ 140.00 5'9 Expert Witness, Depositions, Testimony by Principal Engineer, per hour ......... 185.00 V1. GENERAL NOTES 6.1 Minimum charge for report .......................................,...... 40.00 perpage ...................... ........................ .... A.36 6.2 Hourly rate quoted 81 regular rate only (portal b» to Fridays, 6.3 Vehicle Transportation Charges for All Field Services Per one-half day within '10 miles of laboratory, ' . . . . . . . . . . . . . . . . . . . . . . . . 4/2.00 Over four hours within 30 miles Of laboratory, per trip ...................'.... 50.00 (}Ul8ide of these parameters .................... ,............. ....... By Request 6'4 Subsistence, per .............................................. 115.00 6.5 All direct expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost plus 15f6 6.6 Terms of payment . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . Due Upon Receipt