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DR1201-CN130627 ♦ Texas CMT, Inc. Construction Materials Testing GEE COnSUltantS, Inc. and Environmental Consulting 10044 Monroe Drive • Dallas, Texas 75229 • (214) 352-6957 • Fax (214) 352-6972 • www .texascmt.com EXHIBIT "B" April 25, 2013 Mr. George Marshall, P.E. City of Coppell Engineering Department 265 Parkway Blvd. P.O. Box 9478 Coppell, Texas 75019 Via: gmarshall @coppelltx.gov RE: Proposal No. 2130407 Creekview Retaining Wall and Roadway Improvements City of Coppell Project No. DR 12-01 Coppell, Texas • Dear Mr. Marshall: In accordance with your request, we are pleased to submit the following proposal for materials • testing and observation services for the above referenced project. The proposal is based on the plans • and specifications,NCTCOG Construction Standards and typical testing frequencies. We estimate the fees will be as follows: I. CREEKVIEW DR. MASS GRADING (PRIOR TO ANY LIME TREATMENT), NORTH SIDE SIDEWALK AND ROW FILL Compaction Laboratory Testing ASTM D698 Moisture Density Relationships 3 tests @ $185.00 per test $555.00 • Atterberg Limits Test 3 tests @ $56.00 per test $168.00 City of Coppell April 25,2013 Percent Passing a No. 200 U.S. Sieve Test 3 tests @ $31.00 per test $93.00 Total Laboratory Testing $816.00 Field Density Testing Sampling Over-excavated and Subgrade Soils 2 Hrs. @ $46.00 per hour $92.00 Proof-rolling Over-excavated Subgrade Elevation Observations (Assumes 6 trips, for each 32.5 feet by 155 feet over-excavated area) 15 Hrs. @ $46.00 per hour $690.00 In-Place Moisture Density Tests (Assumes 6 Over-excavation areas, density test trips for subgrade and 5 lifts of fill, 36 over-excavation trips, 3 trips to recheck sidewalk subgrade density/moisture, minimum 3 tests per trip) 117 tests @ $43.00 per test $5,031.00 Trip Charges 46 trips @ $43.00 per trip (4 hours or less) $1,978.00 Total of Pavement Mass Grading Field Compaction Testing and Observation $7,791.00 Total of Pavement Mass Grading Lab &Field Testing $8,607.00 II. LIME TREATED AND UNTREATED PAVEMENT SUBGRADE A. Subgrade Laboratory Testing Moisture Density Relationships 2 lime treated tests @ $195.00 per test $390.00 Atterberg Limits Test 2 tests @ $56.00 per test $112.00 Texas CMT,Inc. Proposal No.2130407 Page 2 City of Coppell April 25,2013 Soluble Sulfate Tests (approximately 1 test per 250 lineal feet) 3 tests @ $55.00 per test $165.00 Total Laboratory Testing $667.00 Field Testing and Observation of Compaction Operations Sampling and Gradation Testing of Lime Treated Soils (Gradation tests every 2501f, Based on 6 over-excavation areas and 1 intersection area) 17 Hrs. @ $46.00 per hour $782.00 In-Place Moisture and Density Tests (based on 7 trips, minimum 3 tests per trip) 21 tests @$43.00 per test $903.00 Trip Charges 14 trips @ $43.00 per trip (4 hours or less) $602.00 Total of Field Testing and Observation $2,287.00 Total of Lime Treated Earthwork Testing for Pavement $2,954.00 III. UTILITY BACKFILL, SIDEWALK AND PEDESTRIAN RAIL TESTING Laboratory Testing ASTM D698 Moisture Density Relationships 2 tests @ $185.00 per test $370.00 Atterberg Limits Test 2 tests @ $56.00 per test $112.00 Percent Passing a No. 200 U.S. Sieve Test 2 test @ $31.00 per test $62.00 Total Laboratory Testing $544.00 Texas CMT,Inc. Proposal No.2130407 Page 3 City of Coppell April 25,2013 Field Testing Concrete Mix Observation(assumes 6 testing trips for storm drain inlets, 2 trips for square manhole testing, 1 for RCP gabion outfall grout, 4 for sidewalk and 3 trips for pedestrian rail replacement footing) 54 Hrs. @ $46.00 per hour 2,484.00 Compressive Strength Concrete and Grout Cylinders (with observation) 64 tests @ $26.00 per test $1,664.00 In-Place Moisture Density Tests (based on 1 test per 300 L.F., assumes 1 trip for RCP, 1 trip for square manhole and 1 trip for water line, minimum 3 tests per trip) 11 tests @ $43.00 per test(minimum of 3 tests per trip) $473.00 Trip Charges 19 trips @ $43.00 per trip (4 hours or less) $817.00 Total of Field Testing and Observation $5,438.00 Total for Storm Drain Testing $5,982.00 IV. MODULAR BLOCK WALL CONCRETE AND BACKFILL TESTING Field Testing Concrete Mix Observation(Assumes 3 testing trips for 4 inch concrete leveling pad) 9 Hrs. @ $46.00 per hour 414.00 Compressive Strength Concrete Cylinders (with observation) 12 tests @ $26.00 per test $312.00 In-Place Moisture Density Tests (based on 1 test per 300 L.F., assumes 1 trip for leveling pad subgrade, 4 trips for wall backfill, minimum 3 tests per trip) 15 tests @ $43.00 per test(minimum of 3 tests per trip) $645.00 Trip Charges 8 trips @ $43.00 per trip (4 hours or less) $344.00 Total of Modular Wall Field Testing and Observation $1,715.00 Texas CMT,Inc. Proposal No.2130407 Page 4 City of Coppell April 25,2013 V. REINFORCED CONCRETE PAVEMENT Observation of Concreting(assumes 7 trips for testing 8 inch pavement and intersection concrete placements) 42 Hrs @ $46.00 per hour $1,932.00 Compressive Strength Concrete Cylinders (with Observation) (Based on 1 set of 4 cylinders per 100 cy) 32 tests @ $26.00 per test $832.00 Trip Charges 7 trips @ $50.00 per trip (Over 4 hours) $350.00 Total of Concrete Pavement Observation and Testing $3,114.00 VI. GABION WALL SUBGRADE/BACKFILL,ROCK ANCHOR GROUT STRENGTH, ROCK ANCHOR PERFORMANCE/PROOF TESTS, AND18 INCH CONCRETE BEAM STRENGTH TESTING Laboratory Testing ASTM D698 Moisture Density Relationships 2 tests @ $185.00 per test $370.00 Atterberg Limits Test 2 tests @ $56.00 per test $112.00 Percent Passing a No. 200 U.S. Sieve Test 2 test @ $31.00 per test $62.00 Total Laboratory Testing $544.00 Field Testing In-Place Moisture Density Tests (based on 1 test per 150 L.F., assumes 20 trips(every 18 inch lift) for gabion subgrade/backfill, minimum 3 tests per trip) 60 tests @ $43.00 per test(minimum of 3 tests per trip) $2,580.00 Anchor Drilling and Grout Mix Observation(assumes 3 testing trips for uncased Row 1 anchors, 7 trips for cased Row 3 anchors , 4 trips for cased Row 5 anchors, 2 trips for cased Row 7 anchors) 160 Hrs. @ $46.00 per hour 7,360.00 Texas CMT,Inc. Proposal No.2130407 Page 5 City of Coppell April 25,2013 Rock Anchor Performance/Proof Test Observation(assumes 15 anchors tested per day, 9 days) 90 Hrs. @ $46.00 per hour 4,140.00 Gabion Beam Rebar and Concrete Mix Observation(assumes early arrival for rebar and 13 testing trips for 18 by 18 inch concrete beams) 52 Hrs. @ $46.00 per hour 2,392.00 Compressive Strength Concrete Cylinders, 1 set of 4 per trip (with observation) 52 tests @ $26.00 per test $1,352.00 Compressive Strength on Non-shrink Grout Cubes, 1 set of 6 per trip (with observation) 96 tests @ $26.00 per test $2,496.00 Trip Charges 33 trips @ $43.00 per trip (4 hours or less) $1,419.00 25 trips @ $50.00 per trip (Over 4 hours) $1,250.00 Total of Field Testing and Observation $22,989.00 Total for Gabion Observation and Testing $23,533.00 TOTAL OF ALL OBSERVATION AND TESTING SERVICES $45,905.00 Based on the assumptions our total estimated fee to perform the aforementioned tests and services is detailed above. It should be noted that this proposal is based on the estimated number of tests and quantities mentioned in this proposal and not a lump sum price. The construction sequence or job conditions may require more or fewer testing or observation. Only work which is actually performed will be charged for and all charges will be in accordance with the corresponding unit fees quoted in this proposal or our Schedule of Fees. We understand we have been selected for this project and therefore,when providing this estimate, we are not in violation of laws governing procurement of professional engineering services with public entities. Texas CMT,Inc. Proposal No.2130407 Page 6 City of Coppell April 25,2013 If this proposal is acceptable to you, please sign the enclosed copy, along with the Agreement for Materials Engineering and Related Construction Observation and Materials Testing Services, and mail it to us at your earliest convenience. We trust the information provided herein is sufficient for your use. Should you have any comments and/or questions,please do not hesitate to contact us. We are looking forward to working with you. Sincerely, Texas CMT,Inc. AI Motiar R. an, ' .S.C.E., '. . Richard W. Gee, P.E. Project Manager President MR:RWG/de Enclosure Texas CMT,Inc. Proposal No.2130407 Page 7 AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES THIS AGREEMENT is by and between: City of Coppell Attn.: Mr. George Marshall, P.E. Engineering Department 255 Parkway Blvd. P.O. Box 9478 Coppell,Texas 75019 hereinafter called CLIENT and Texas CMT, Inc., a Texas corporation, hereinafter called Texas CMT,who agree as follows: 1. 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: Creekview Retaining Wall and Roadway Improvements City of Coppell Project No. DR 12-01 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. 2. 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 •f ,2013. CLIENT CG t• . , / Texas i c 1 By: 1 .: rkaar By: _ I ' Title: e1�1L , . .� Title: President Date: aq1.,3 TO BE COMPTJD BY CLIE�NN TFOR PAYMENT OF SERVICES: Firm: Q c}f- 6"'�"` Address: F e. l v c er Q 78 City Co pp�/ , State %A. Zip Code: 7%61 1 Phone No. g 7 30 rf SSG Z Attention: c�zo,r�c_. 1�..5�� Title: 7 I /.4,,,u� 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. Address:Address: , bel^/L-- City , State Zip Code: Phone No. Attention: Title: PERSON OR FIRM TO ACT AS CLIENT'S REPRESENTATIVE WITH RESPEC TO Texas CMT'S SERVICES: Client's Representative: L P...c4"C 7 Ca¢et, /'7.ryL,v 1( Person or firm authorized to schedule observation and testing: Lary D.�,t% PERSONS OR FIRMS AUTHORIZED TO RECEIVE COPIES OF Texas CMT S OBSERVATION AND TEST REPORTS: AIL 4.), TERMS AND CONDITIONS TO AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES ARTICLE 1. SERVICES:Texas CMT will: accordance with recommendations contained in any correspondence or verbal recommendation issued by Texas CMT. 1.1 Act for CLIENT in a professional manner,using that degree of care and skill ordinarily exercised by and consistent with the standards of the 3.3 Texas CMT is not authorized to revoke,alter,relax,enlarge or release any profession practicing in the same or similar locality of THE PROJECT requirement of THE PROJECT specifications or other contract documents site. nor to approve or accept any portion of the work, unless specifically authorized in writing by CLIENT or his authorized representative.Texas 1.2 Provide only those services that,in the opinion of Texas CMT,lie within CMT shall not have the right of rejection or the right to stop the work, the technical and professional areas of expertise of Texas CMT and which except for such periods as may be required to conduct the sampling,testing Texas CMT is adequately staffed and equipped to perform. or inspection of operations covered by the Agreement. 1.3 Perform all technical services under the general direction of a Registered 3.4 This Agreement may be terminated by either party on ten(10)days written Professional Engineer and in substantial accordance with the basic re- notice or by mutual agreement. If this Agreement is terminated by either quirements of the appropriate Standards of The American Society for party,Texas CMT shall be paid in full for all services performed through Testing and Materials,where applicable,or other standards designated by the termination date,and the CLIENT shall be provided with a complete CLIENT. report of the results of test and analysis conducted prior to termination. 1.4 Promptly submit formal reports of all tests,inspections and services per- 3.5 Neither CLIENT nor Texas CMT may delegate,assign,sublet or transfer formed indicating where applicable, compliance with THE PROJECT his duties or interest in this Agreement without the written consent of the specifications or other contract documents. Such reports shall be complete other party. and factual,citing the tests performed,methods employed,values obtained, parts of the structure or PROJECT area involved. 3.6 The only WARRANTY made by Texas CMT in connection with its services per-formed hereunder is that it will use that degree of care and skill as set 1.5 Employ testing machines which have been calibrated within a period not forth in Article 1.1 above.No other WARRANTY,expressed or implied, exceeding twelve months from the time of use by devices of accuracy is made or intended for services provided hereunder or furnishing oral or traceable to the National Bureau of Standards of the United States written reports of findings made. Department of Commerce and,upon request,submit to CLIENT,or his authorized representative,documentation of such calibration. ARTICLE 4. INSURANCE: 1.6 Consider all reports to be the confidential property of CLIENT, and 4.1 Texas CMT shall secure and maintain throughout the full period of this distribute reports only to the persons,organizations or agencies specifically Agreement sufficient insurance to protect it adequately from claims under designated in writing by CLIENT or his authorized representative. applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of 1.7 Retain all pertinent records relating to the services performed for a period services under this Agreement. Texas CMT will, upon request, file of five years following submission of the report,during which period the certification of such insurance coverage with CLIENT or his authorized records will be made available to CLIENT at all reasonable times. representative. Within the limits and conditions of such insurance,Texas CMT agrees to indemnify and save CLIENT harmless from and against any ARTICLE 2. CLIENT'S RESPONSIBILITIES: CLIENT or his authorized loss,damage,or liability arising from any negligent acts by Texas CMT its representative will: agents, staff and consultants employed by it. Texas CMT shall not be responsible and CLIENT shall indemnify Texas CMT for any loss,damage 2.1 Provide Texas CMT with all plans,specifications,addenda,change orders, or liability arising from any negligent acts by CLIENT,its agents,staff, ap- proved shop drawings and other information for the proper and other consultants employed by it,and any claim asserted against Texas performance of Texas CMT. CMT unless it shall be determined that such claim is based on and resulted from failure by Texas CMT to perform its services hereunder in accordance 2.2 Issue authorization in writing, giving Texas CMT free access to THE with this Agreement. PROJECT site,and to all shops or yards where materials are prepared or stored. 4.2 No insurance,of whatever kind or type, which may be carried by Texas CMT, is to be considered as in any way limiting the contractor's or 2.3 Designate in writing a person or firm to act as CLIENT's representative subcontractor's responsibility for damages resulting from his operations or with respect to Texas CMT's services to be performed under this for furnishing work and materials to THE PROJECT. CLIENT agrees, Agreement; such person or firm to have complete authority to transmit therefore, to include, or cause to be included in THE PROJECT's instructions,receive information and data,interpret and define CLIENT's construction contract, such requirements for insurance coverage and policies and decisions with respect to THE PROJECT and to order, at performance bonds to be secured and maintained by THE PROJECT CLIENT's expense,such technical services as may be requested by Texas contractor as CLIENT deems adequate to indemnify CLIENT,Texas CMT, CMT. and other concerned parties, against claims for damages and to insure compliance of work performance and materials with THE PROJECT 2.4 Designate in writing those persons or firms who are authorized to receive requirements. copies of Texas CMT's inspection and test reports. ARTICLE 5. PAYMENT: 2.5 Advise Texas CMT sufficiently in advance of any operations so as to allow for assignment of personnel by Texas CMT for completion of the required 5.1 CLIENT will pay Texas CMT for services and expenses in accordance with services. Such advance notice shall be in accordance with that established the attached fee schedule(Exhibit A). Texas CMT will submit progress by mutual agreement of the parties. invoices to CLIENT monthly and a final invoice upon completion of its work. Each invoice,on presentation,is due and payable by CLIENT or his 2.6 Direct THE PROJECT contractor,either by the Construction Contract or authorized representative. direct written order to: (a) Secure and deliver to Texas CMT, without cost to Texas CMT, 5.2 Texas CMT shall be paid in full for all services under the Agreement, preliminary representative samples of those materials he proposes to including any additional services in excess of those stated in the original use which require testing, together with any relevant data of the Agreement,as specifically authorized by CLIENT. materials. (b) Furnish such casual labor and all facilities needed by Texas CMT to 5.3 The CLIENT's obligation to pay for the work contracted is in no way obtain and handle samples at THE PROJECT and to facilitate the dependent upon the CLIENT's ability to obtain financing, approval of specified inspection and tests. governmental or regulatory agents,or upon the CLIENT's successful corn- (c) Provide and maintain for the use of Texas CMT,adequate space at pletion of the project. THE PROJECT for safe storage and proper curing of test specimens ARTICLE 6. EXTENT OF AGREEMENT: which must remain on THE PROJECT site prior to testing. ARTICLE 3. GENERAL CONDITIONS: The Agreement,including these terms and conditions,represents the entire agreement between CLIENT and Texas CMT and supersedes all prior 3.1 Texas CMT,by the performance of services covered hereunder,does not negotiations, representations or agreements, written or oral. The in any way assume,abridge or abrogate any of those duties,responsibilities Agreement may be amended only by written instruments signed by CLIENT . or authorities with regard to THE PROJECT customarily vested in THE and Texas CMT. PROJECT architects,design engineers,or any other design agencies or . authorities. ARTICLE 7. APPLICABLE LAW: 3.2 Texas CMT shall not be responsible for acts of omissions of any party or The Agreement shall be governed by the laws of the State of Texas. parties involved in the design of THE PROJECT or the failure of any contractor or subcontractor to construct any aspect of THE PROJECT in