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ST9902-EM060109.Jan ll 2006 1:51PM CMJ Engineering, Inc. ENGINEERING, INC. 817 -589 -9993 p.2 7636 Pebble Drive Port Worth, Texas 76118 www.cmjengr.com Cost Estimate No.: 05 -207C Penemher 12 2095 Revised: January 9, 2006 City of Coppell Attn: Ms. Suzan Taylor 255 Parkway Boulevard P.O. Box 9478 Coppell, TX 75019 COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR WEST SANDY LAKE ROAD, PHASE I COPPELL, TEXAS Dear Ms. Taylor, We are pleased to have been selected to provide construction materials engineering services on the above referenced project. Scope of Work Our scope of service is based on our review of project plans and specifications, the quantities taken form the contract bid proposal documents, and our conversation regarding project quantities and testing frequencies. We propose to service this project on a call out, as- needed basis. Earthwork Laboratory testing of backfill, select fill and stabilized pavement subgrade materials; in -place moisture /density testing of same. In -place sieve analysis of stabilized pavement subgrade. Estimate based on in -place sieve analysis and moisture /density tests performed every 150 linear feet and assumes a 28 foot wide work section. Trench and box culvert backfill in -place moisture /density tests performed every 150 linear feet, every 1 foot vertical and assumes an average depth of 5 feet. Further assumes 4 -5 tests per trip with 3.5 -hours on -site and 1 -hour total travel time per trip. HMAC Pavement Laboratory determination of maximum theoretical specific gravity of base and surface courses, in- place density testing by nuclear methods. Estimate based on 5 -days of placement, 2 mixes with 5 trips of 4 -hours each. Cast -In -Place Concrete On -site placement inspection and testing to include slump, temperature, entrained air content, and the molding of test cylinders. Laboratory curing and testing of cylinders. Estimate based on paving pour production of approximately 70 to 80 yards per hour consisting of 14 placements, 1 set of 4 cylinders per 125 yards; 18 box culvert pours, 1 set of 4 cylinders every pour, 41 individual miscellaneous drainage pours with and 1 set of 4 cylinders each day. This proposal assumes only half of the cylinders will be picked up on separate stand -alone trips. The other half will be picked up while already on -site incurring no additional charges. All small placements are estimated to require 3.5- hours, portal -to portal. Phone (817) 284 -9400 Fax (817) 589 -9993 Metro (817) 589 -9992 Jan 11 2006 1:51PM CMJ Engineering, Inc. 817 - 589 -9993 p.3 CMJ ENGINEERING, INC. City of Coppell West Sandy Lake Road, Phase I Coppell, Texas Page 2 Cost Estimate No.: 05 -207C Besefr 12, 2005 Revised: January 9, 2006 Project Budget Based upon our understanding of the project specifications and estimated quantities for this project will be as stated on the budget attachment. All fees for services performed which do not appear on the budget attachment will be based on our standard fee schedule. The final charges will be a function of the total services performed. No additional tests or inspections have been included for work failing to meet project specifications. All charges for laboratory services are F.O.B. our laboratory. The prices provided for the scope of work will remain valid for forty -five (45) days from the date on this cost estimate. Invoices will be submitted for these services on a monthly basis. These will be due and payable upon receipt. Closing CMJ Engineering, Inc. appreciates the opportunity to submit this cost estimate. We invite you to review our scope of work, experience and fees. We will call you in a few days to answer your questions and to discuss any aspect of our cost estimate with you. Following your authorization, we are ready to begin work and look forward to providing you with our services. Respectfully, CMJ ENGINEERING, INC. Carl Lee, S.E.T. Materials Testing Manager Garrett ElWilliams, P.E. Senior Vice President Jan 11 2006 1:51PM CMJ Engineering, Inc. 817 - 589 - 9993 p.4 Cost Estimate.: 05 -207C CMJ Engineering, Inc. DeGemberl2, 2006 Revised: January 9, 2006 COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR WEST SANDY LAKE ROAD, PHASE I COPPELL, TEXAS DESCRIPTION NO FEE UNIT AMOUNT Earthwork -Estimate based on in -place sieve analysis and moistureldensity tests performed every 150linear feet and assumes a 28 foot wide work section. Tfench and box culvert backfill in -place moisture /density tests performed every 150 linear feet, every 1 foot vertical and assumes an average depth of 5 feet. Further assumes 4 -5 tests per trip with 3.5 -hours on -site and 1 -hour total travel time per trip. Moisture /Density Relations (ASTNI D698) 14 $ 135.00 each $ 1,890.00 Liquid & Plastic Limit (ASTM D4318 -B) 14 $ 45.00 each $ 630.00 Laboratory Sieve Analysis (ASTM C1361D1140) 3 $ 45.00 each $ 135.00 In -Place Moisture /Density Tests (ASTM D292213017 - Min. 3/trip) 281 $ 20.00 each $ 5,620.00 In -Place Sieve Analysis (TEX 101 E - Min. 31trip) 43 $ 20.00 each $ 860.00 Lime Stabilized Depth Check (Min. 3ttrip) 43 $ 20.00 each $ 860.00 Engineering Technician (Min. 3 hoursitrip) 265 $ 36.00 hour $ 9,540.00 Sulfate Tests (EPA Method, 5 -day Turnaround) 10 $ 60.00 each $ 600.00 Project Management 12 $ 65.00 trip $ 780.00 Vehicle Trip Charge 59 $ 20.00 trip $ 1,180.00 Estimated Total for Earthwork Services: $ 22,095.00 HMAC Paving - Estimate based on 5 -days of placement 2 mixes with 5 trips of 4 -hours each. Extraction Gradation (TEX 200F/211 OF) 2 $ 155.00 each $ 310.00 Maximum Theoretical Specific Gravity (TEX 227F) 2 $ 135.00 each $ 270.00 In -Place Density by Nuclear Method (TEX 207F /III - Min. 3 hrs/tdp) 28 $ 51.50 hour $ 1,442.00 Vehicle Trip Charge 7 $ 20.00 trip $ 140.00 Estimated Total for HMAC Paving Services: 2,162.00 Concrete - Estimate based on paving pour production of approximately 70 to 80 yards per hour consisting of 14 placements, 1 set of 4 cylinders per 125 yards; 18 box culvert pours, 1 set of 4 cylinders every pour, 41 individual miscellaneous drainage pours with and 1 set of 4 cylinders each day. This proposal assumes only half of the cylinders will be picked up on separate stand -alone trips. The other half will be picked up while already on -site incurring no additional charges. All small placements are estimated to require 3.5- hours, portal -to portal. Concrete Test Cylinders (ASTM C31/39 - Min. 31set) 490 $ 15.00 each $ 7,350.00 Engineering Technician (Min. 3 hours/trip) 450 $ 36.00 hour $ 16,200.00 Vehicle Trip Charge 109 $ 20.00 trip $ 2,18 Estimated Total for Concrete Services: 25,730.00 Estimated Total for Above Testing and Inspection Services: $ 49,987.00 Notes: 1. It is our understanding that the City of Coppell will not pay for services performed on overtime rates. For this reason, no overtime has been proposed or is anticipated to be required by the City of Coppell for the duration of this contract. For the purpose of definition, CMJ Engineering, Inc. will provide our services on this contract between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding recognized holidays. 2. All laboratory test fees are F.O.B. our laboratory. Engineering technician minimums and vehicle trip charges will apply to all trips to the job -site including sample pickups and specimen pickups. 3. A minimum of three (3) hours technician time and vehicle trip charges will be billed for each call out, sample pickup or specimen pickup unless noted otherwise. 4. Technician time is charged portal -to- portal from our Fort Worth office. 5. Additional tests not specified in this fee schedule will be quoted upon request. ,Ian 11 2006 1:51PM CMJ Engineering, Inc. 817 - 589 - 9993 P.5 TERMS FOR CONSTRUCTION MATERIALS TESTING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as CMJ, and City of Coppell., hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached COST ESTIMATE identifed as Cost Estimate No. 05 -207C dated Dec ember 12 20 Revised: January 9, 2006 and arty exhibits or attachments noted in the COST ESTIMATE. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurlace conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CMJ will be based solely on information available to CMJ. CMJ is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the infor natior developed. Services performed by CMJ under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the CMT LABORATORY profession practicing contemporaneously under similar conditions in the locality of the project. Under no circurnstance is any warranty, expressed or implied, made in connection with the providing of CMT LABORATORY services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CMJ to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted CMJ free access to the site. CMJ will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the COST ESTIMATE. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CMJ will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CMJ arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL CMJ will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENT'S prior written request, TL�7►I�1LeIildCr If CMJ is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the COST ESTIMATE, then this phrase applies. For the specified assignment, CMJ will report observations and professional opinions to CLIENT. No action of CMJ or CM-'S site representative can be construed as altering any AGREEMENT between CLIENT and others. CMJ will report to CLIENT any observed geotechnically- related work which, in CMJ'S professional opinion, does not conform with plans and specifications. The CMJ has no right to reject or stop work of any agent of the CLIENT. Such r'ghts are reserved solely for CLIENT. Fur *hermore, CMYS presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction - related services. CMJ will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay CMJ in accordance with the procedures indicated in the COST ESTIMATE and its attachments. Invoices will be submitted to CLIENT by CMJ, and will be due and payable upon presentation. If CLIENT objects to all or any portion of eny invoice, CLIENT will so notify CMJ in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. In the absence of written notification described above, the amount as stated on the invoice will be paid. TERMS — Page 1 of 3 Cost Estimate No.: 05 -207C CN1J ENGINEERING, INC. ,Jan 11 2006 1:51PM CMJ Engineering, Inc. 817- 589 -9993 P.6 Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. At the option of the CMJ, CLIENT will pay an additional charge of one - and - one -half (f.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, except for any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved in favor of the CMJ will carry the additional charge, as described above, effective thirty (30) days from the date of the original invoice. In the evert CLIENT fails to pay CMJ within sixty (60) days after invoices are rendered, CLIENT agrees that CMJ will have the right to consider the failure to pay the CMJ's invoice as a breach of this AGREEMENT. This. AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CMJ will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of termination. RISK ALLOCATION Many risks potentially affect CMJ by virtue of entering into this AGREEMENT to perform professional engineering services an behalf of CLIENT. The principal risk is the potential for human error by CMJ. For CLIENT to obtain the benefit of a fee which includes a nominal allowance fa dealing with Cli liability, CLIENT agrees to limit CMJ'S iiabifity to CLIENT and to all other parties for claims arising out of CMJ'S performance of the services described in this AGREEMENT. The aggregate liability of CMJ will not exceed the amount of the CMJ'$ fee for negligent professional acts, errors, or omissions, Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence, The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CMJ as a third -party defendant. Parties means CLIENT and CMJ and their officers, employees, agents, affiliates, and subcontractors. Both CLIENT and CMJ agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CMJ of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. Cl and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CMJ and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CMJ to take immediate measures to protect health and safety CLIENT agrees to compensate CMJ for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CMJ agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered, CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CMJ harmless for any and all consequences of disclosures made by CMJ which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CMJ arising from CMJ'S discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will ba responsible for ultimate disposal of any samples secured by CMJ which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of dri!:ing activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between CMJ and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent CLf_NT and CMJ have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT, if no specific ADR procedures is set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. TERMS —Page 2 of 3 Cost Estimate No.: 05 -207C CMJ ENGINEERING, hvc. Jan 11 2000 1:52PM CMJ Engineering, Inc. 817- 589 -9993 p.7 If a dispurte at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above, then: (1) the claim wil: be brought and tried in judicial jurisdiction of the court of the county where CMYs principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and (2) the prevailing party will be entitled to recovery of all reasonable tests incurred, including staff time, court costs, attorneys' fees, and other claim related expenses. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. w *: The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. CLIENT By: Position Date Cost Estimate No.: 05 -207C QW ENGI NEERING, IIVC_ y: Garrett E. Williams, P.E. Senior Vice President Position Revised: January 9, 2006 Date TERMS - Page 3 of 3 Cn1J ENGWEERLNC, vNC. 817 589 999' Jan 11 2006 1 : 51 PM CM Engineering, Inc. 8 589 -9993 �`: P. 0 CMJ ENGINEERING, INC. FAX To: Ms. Suzan Taylor From: R. Carl Lee, S.E.T. Mate Testing Manager Company: The City of Coppell Company: CMJ Engineering, Inc. Fax No. 972.304.3570 _ Fax No. 817.589.9993 No. Pages: r7 Date: January 11, 2005 Urgent ® To be mailed ❑ Please Reply This fax is intended for the named recipient only. If you have received this fax in error, please contact the sender by telephone, immediately. 7636 Pebble Drive Fort Worth, Texas 76118 Tel: (817) 284 -9400 Fax: (817) 589 -9993 i 0Cs -l;,j 7636 Pebble Drive VCMJ ENGINEERING, INC. Fort Worth, Texas 76118 www.cmjengr.com Cost Estimate No.: 05 -207C December 12, 2005 City of Coppell Attn: Ms. Suzan Taylor 255 Parkway Boulevard P.O. Box 9478 Coppell, TX 75019 COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR WEST SANDY LAKE ROAD, PHASE I COPPELL, TEXAS Dear Ms. Taylor, We are pleased to have been selected to provide construction materials engineering services on the above referenced project. Scope of Work Our scope of service is based on our review of project plans and specifications, the quantities taken form the contract bid proposal documents, and our conversation regarding project quantities and testing frequencies. We propose to service this project on a call out, as- needed basis. Earthwork Laboratory testing of backfill, select fill and stabilized pavement subgrade materials; in -place moisture /density testing of same. In -place sieve analysis of stabilized pavement subgrade. Estimate based on in -place sieve analysis and moisture /density tests performed every 150 linear feet and assumes a 28 foot wide work section. Trench and box culvert backfill in -place moisture /density tests performed every 150 linear feet, every 1 foot vertical and assumes an average depth of 5 feet. Further assumes 4 -5 tests per trip with 3.5 -hours on -site and 1 -hour total travel time per trip. HMAC Pavement Laboratory determination of maximum theoretical specific gravity of base and surface courses, in- place density testing by nuclear methods. Estimate based on 5 -days of placement, 2 mixes with 5 trips of 4 -hours each. Cast -In -Place Concrete On -site placement inspection and testing to include slump, temperature, entrained air content, and the molding of test cylinders. Laboratory curing and testing of cylinders. Estimate based on paving pour production of approximately 70 to 80 yards per hour consisting of 14 placements, 1 set of 4 cylinders per 125 yards; 18 box culvert pours, 1 set of 4 cylinders every pour, 41 individual miscellaneous drainage pours with and 1 set of 4 cylinders each day. This proposal assumes only half of the cylinders will be picked up on separate stand -alone trips. The other half will be picked up while already on -site incurring no additional charges. All small placements are estimated to require 3.5- hours, portal -to portal. Phone (817) 284 -9400 Fax (817) 589 -9993 Metro (817) 589 -9992 CMJ ENGINEERING, INC. City of Coppell West Sandy Lake Road, Phase I Coppell, Texas Page 2 Cost Estimate No.: 05 -207C December 12, 2005 Project Budget Based upon our understanding of the project specifications and estimated quantities for this project will be as stated on the budget attachment. All fees for services performed which do not appear on the budget attachment will be based on our standard fee schedule. The final charges will be a function of the total services performed. No additional tests or inspections have been included for work failing to meet project specifications. All charges for laboratory services are F.O.B. our laboratory. The prices provided for the scope of work will remain valid for forty -five (45) days from the date on this cost estimate. Invoices will be submitted for these services on a monthly basis. These will be due and payable upon receipt. Closing CMJ Engineering, Inc. appreciates the opportunity to submit this cost estimate. We invite you to review our scope of work, experience and fees. We will call you in a few days to answer your questions and to discuss any aspect of our cost estimate with you. Following your authorization, we are ready to begin work and look forward to providing you with our services. Respectfully, CMJ ENGINEERING, INC. Carl Lee, S.E.T. Materials Testing Manager art E. Williams, P.E. Senior Vice President CMJ Engineering, Inc. Cost Estimate.: 05 -207C December 12, 2005 COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR WEST SANDY LAKE ROAD, PHASE I COPPELL, TEXAS DESCRIPTION NO FEE UNIT AMOUNT Earthwork - Estimate based on in -place sieve analysis and moisture /density tests performed every 150 linear feet and assumes a 28 foot wide work section. Trench and box culvert backfill in -place moisture /density tests performed every 150 linear feet, every 1 foot vertical and assumes an average depth of 5 feet. Further assumes 4 -5 tests per trip with 3.5 -hours on -site and 1 -hour total travel time per trip. Moisture /Density Relations (ASTM D698) 14 $ 135.00 each $ 1,890.00 Moisture /Density Relations - Rush 3 $ 202.50 each $ 607.50 Liquid & Plastic Limit (ASTM D4318 -B) 14 $ 45.00 each $ 630.00 Laboratory Sieve Analysis (ASTM C136/D1140) 3 $ 45.00 each $ 135.00 In -Place Moisture /Density Tests (ASTM D2922/3017 - Min. 3 /trip) 281 $ 20.00 each $ 5,620.00 Wet -Ball Mill Test 1 $ 250.00 each $ 250.00 In -Place Sieve Analysis (TEX 101E - Min. 3 /trip) 43 $ 20.00 each $ 860.00 Lime Stabilized Depth Check (Min. 3 /trip) 43 $ 20.00 each $ 860.00 Engineering Technician (Min. 3 hours /trip) 265 $ 36.00 hour $ 9,540.00 Sulfate Tests (EPA Method, 5 -day Turnaround) 10 $ 60.00 each $ 600.00 Project Management 12 $ 65.00 trip $ 780.00 Vehicle Trip Charge 59 $ 20.00 trip $ 1,180.00 Estimated Total for Earthwork Services: $ 22,952.50 HMAC Paving - Estimate based on 5 -days of placement, 2 mixes with 5 trips of 4 -hours each. Maximum Theoretical Specific Gravity (TEX 227F) 2 $ 135.00 each $ 270.00 In -Place Density by Nuclear Method (TEX 207F /III - Min. 3 hours /t 20 $ 51.50 hour $ 1,030.00 Vehicle Trip Charge 5 $ 20.00 trip $ 100 Estimated Total for HMAC Paving Services: 1,400.00 Concrete - Estimate based on paving pour production of approximately 70 to 80 yards per hour consisting of 14 placements, 1 set of 4 cylinders per 125 yards; 18 box culvert pours, 1 set of 4 cylinders every pour, 41 individual miscellaneous drainage pours with and 1 set of 4 cylinders each day. This proposal assumes only half of the cylinders will be picked up on separate stand -alone trips. The other half will be picked up while already on -site incurring no additional charges. All small placements are estimated to require 3.5- hours, portal -to portal. Concrete Test Cylinders (ASTM C31/39 - Min. 3 /set) 490 $ 15.00 each $ 7,350.00 Engineering Technician (Min. 3 hours /trip) 444 $ 36.00 hour $ 15,984.00 Vehicle Trip Charge 109 $ 20.00 trip $ 2,180.00 Estimated Total for Concrete Services: 25,514.00 Estimated Total for Above Testing and Inspection Services: $ 49,866.50 Notes: 1. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over ten (10) hours per day or hours worked before 7:00 am and /or after 5:00 pm Monday thru Friday. All lab and field services performed on Saturday or Sunday, will be billed at 1.5 times the regular hourly rate. All services performed on recognized holidays will be billed at 2.0 times the regular rate. 2. All laboratory test fees are F.O.B. our laboratory. Engineering technician minimums and vehicle trip charges will apply to all trips to the job -site including sample pickups and specimen pickups. 3. A minimum of three (3) hours technician time and vehicle trip charges will be billed for each call out, sample pickup or or specimen pickup unless noted otherwise. 4. Technician time is charged portal -to -portal from our Fort Worth office. 5. Additional tests not specified in this fee schedule will be quoted upon request. TERMS FOR CONSTRUCTION MATERIALS TESTING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as CMJ, and City of Coppell., hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached COST ESTIMATE identified as Cost Estimate No. 05 -207C dated December 12, 2005 and any exhibits or attachments noted in the COST ESTIMATE. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CMJ will be based solely on information available to CMJ. CMJ is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by CMJ under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the CMT LABORATORY profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of CMT LABORATORY services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CMJ to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted CMJ free access to the site. CMJ will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the COST ESTIMATE. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CMJ will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CMJ arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL CMJ will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENT'S prior written request. MONITORING If CMJ is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the COST ESTIMATE, then this phrase applies. For the specified assignment, CMJ will report observations and professional opinions to CLIENT. No action of CMJ or CMJ'S site representative can be construed as altering any AGREEMENT between CLIENT and others. CMJ will report to CLIENT any observed geotechnically- related work which, in CMJ'S professional opinion, does not conform with plans and specifications. The CMJ has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, CMJ'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction - related services. CMJ will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay CMJ in accordance with the procedures indicated in the COST ESTIMATE and its attachments. Invoices will be submitted to CLIENT by CMJ, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CMJ in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. In the absence of written notification described above, the amount as stated on the invoice will be paid. TERMS —Page 1 of 3 Cost Estimate No.: 05 -207C CMJ ENGINEERING, INC. Invoices are delinquent if paymem. nas not been received within thirty (30) days from pate of invoice. At the option of the CMJ, CLIENT will pay an additional charge of one- and - one -half (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, except for any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved in favor of the CMJ will carry the additional charge, as described above, effective thirty (30) days from the date of the original invoice. In the event CLIENT fails to pay CMJ within sixty (60) days after invoices are rendered, CLIENT agrees that CMJ will have the right to consider the failure to pay the CMJ's invoice as a breach of this AGREEMENT. This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CMJ will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of termination. RISK ALLOCATION Many risks potentially affect CMJ by virtue of entering into this AGREEMENT to perform professional engineering services on behalf of CLIENT. The principal risk is the potential for human error by CMJ. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with CMJ'S liability, CLIENT agrees to limit CMJ'S liability to CLIENT and to all other parties for claims arising out of CMJ'S performance of the services described in this AGREEMENT. The aggregate liability of CMJ will not exceed the amount of the CMJ'S fee for negligent professional acts, errors, or omissions. Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CMJ as a third -party defendant. Parties means CLIENT and CMJ and their officers, employees, agents, affiliates, and subcontractors. Both CLIENT and CMJ agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CMJ of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CMJ and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CMJ and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CMJ to take immediate measures to protect health and safety. CLIENT agrees to compensate CMJ for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CMJ agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CMJ harmless for any and all consequences of disclosures made by CMJ which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CMJ arising from CMJ'S discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by CMJ which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between CMJ and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and CMJ have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedures is set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. TERMS —Page 2 of 3 Cost Estimate No.: 05 -207C CMJ ENGINEERING, INC. If a dispute at law arises from matters related to the services provided under this AGREcivIENT and that dispute requires litigation instead of ADR as provided above, then: (1) the claim will be brought and tried in judicial jurisdiction of the court of the county where CMJ's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees, and other claim related expenses. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. CLIENT By: Position Date ClAV ENGINEERING INC. y: Garrett E. Williams, P.E. Senior Vice President Position December 12, 2005 Date TERMS —Page 3 of 3 Cost Estimate No.: 05 -207C CMJ ENGINEERING, INC.