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SS9901-CN040402Construction Materials Testing and Environmental Consulting T xas CMT, 1tlC. 10044 Monroe Drive Dallas, Texas 75229 (214) 352-6957 Fax (214) 352-6972 www .texascmt.com EXHIBIT "B" April 2, 2004 Ms. Suzan C. Taylor C.1.P. Coordinator The City of Coppell P. O. Box 9478 Coppell, Texas 75019 Via Fax: 972-304-3673 Proposal No. 240402 Construction Materials Testing DeForest Road Lift Station Improvements Force Main Lines "A" & "B' SS 99-01 Dear Ms. Taylor: In accordance with your request, we are pleased to submit the following proposal for materials testing and observation services for the above referenced project. Types of services are based on our April 2, 2004 telephone conversation with Mr. Rick O'Dell of The City of Coppell. We estimate the fees will be as follows: LABORATORY TESTING Moisture Density Relationships 6 tests (¢ $170.00 per test .............................. $1,020.00 Atterberg Limits Test 6 tests ~ $48.00 per test ................................. $288.00 Percent Material Finer than No. 200 Sieve 6 tests ~ $25.00 per test .................................. $150.00 Total Laboratory Testing ................................ $1,458.00 The City of Coppell April 2, 2004 II. FIELD TESTING AND OBSERVATION A. Earthwork Testing Sampling Subgrade Soils 4 Hrs. @ $40.00 per hour ................................. $160.00 In-Place Moisture Density Tests (assumes 70 tests, 15 trips) 70 tests @ $38.00 per test .............................. $2,660.00 Trip Charges 17 trips @ $25.00 per trip (4 hours or less) .................... $425.00 Total of Earthwork Testing .............................. $3,245.00 B. Portland Cement Concrete Testing Periodic Observation of Concrete Placement (based on 10 concrete placements) 30 Hrs 03 $40.00 per hour .............................. $1,200.00 Compressive Strength Concrete Cylinders (with Observation) (Based on 1 set of 4 cylinders per day) 40 tests ~ $20.00 per test ................................ $800.00 Trip Charges 10 trips ~ $25.00 per trip (4 hours or less) .................... $250.00 Total of Concrete Testing ............................... $2,250.00 Total of Field Earthwork and Concrete Testing .............. $5,495.00 TOTAL OF ALL OBSERVATION AND TESTING SERVICES ..... $6,953.00 Based on the assumptions our total estimated fee to perform the aforementioned tests and services is $6,953.00. 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. Texas CMT, Inc. Proposal No. 240402 Page 2 The City of Coppell April 2, 2004 We understand we have been selected tbr this project and therefore, when providing this estimate, we are not in violation of the engineering laws governing procurement of professional engineering contract with public entities. 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, btc. /~'~zAlex Sarmiento, IJ.S.C.E. Project Manager Construction Materials Engineering Division Richard W. Gee, P.E. President AS :RWG/dwe Enclosure cc: Mr. Rick O'Dell - The City of Coppell Texas CMT, Inc. Proposal No. 240402 Page 3 AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES THIS AGREEMENT is by and between: Ms. Suzan C. Taylor C.I.P. Coordinator, The City of Coppell 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: Construction Materials Testinq DeForest Road Lift Station Imporvements Force Main Lines ~A" & ~B" SS 99-01 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. 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 0t:~'day of~, 2004. CLIENT Cityr...% 5°f Coppell. Texas/E~.jCIcff/, ) .,,~. _ By: ~ By: t._..../~ t/~" Title: Jim l/itt, City Manager Title: President Date: TO BE COMPLETED BY CLIENT FOR PAYMENT OF SERVICES: Firm: Address: City , Stale Zip Code:__ Attention Title; Invoice to the Account of: Phone No. 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: Zip Code: Phone No Attention Title: PERSON OR FIRM TO ACT AS CIdENT'S REPRESEN I'ATIVE WITId RESPECT TO Texas CMT'S SERVICES Client's Rcprcsentalive: Person or firm authorized to schedule observation and testing:. PF. RSONS OR FIRMS AUTHORIZED TO RECEIVE COPIES OF Texas CMT'S OBSERVA FION AND FEST REPORTS: TERMS AND CONDITIONS TO AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES ARTIC[E 1. SERVICES: Texas CMT x~il[: approve or accept any pordon of the work, unless specifically authorized in I I Act lbr CLIENT in a pm fassional manner, using that degree ofcare and skill ordinarily exercised by and consistent with the standards of the profession practicing in the same or similar locality of THE PROJECT site. 12 Provide only those services that, in the opinion ofTex~ CMT, lie within the technical and professional areas of expertise of Texas CM g and which Texas CMT is adequately staffed and equipped to perform I 3 Perform all technical services under the general direction of a Registered Profassiona[ Engineer and in substantial accordance with the basic re- quirements of the appropriate Standards of The American Society for Tesbng and Materials, where applicable, or other standards designated by CLIENT 14 Promptly submit formal reports of all tests, inspections and services per- formed indicating where applicable, compliance with THE PROJECT specificafions or other con~'act documents Such reports shall be completa and factual, cibng the tests performed, methods employed, values obtained, parts of the structure or PROJECT area involved. 15 Employ testing machines which have been calibrated within a period not exceeding twelve months from the time of use by devices of accuracy traceable to the National Bureau of Standards of the United States Department of Commerce and , upon request, submit to CLIENT, or his authorized representative, documentation of such calibranon 16 Consider all reports to be the confidential property o fCLIENT, and distribule reports only Id the persons, organizations or agencies specifically designated m writing by CLIENT or his authorized representauve 1.7 Retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to CLIENT al all reasonable times ARTICLE 2 CLIENT'S RESPONSIBILITIES: CLIENT or his authorized representative wig: 21 Provide Texas CMT with all plans, specifications, addenda, change orders, ap- proved shop drawings and other in£ormalion for the proper performance of Texas CMT. 22 Issue authorization in wriling, giwng Texas CMT free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored 2.3 Designate in writing a person or firm to act as CLIENT's representative w/th respect to Texas CMT's services to be performed under this Agreement; such person or firm to have complete authority to transmit instructions, receive information and data, inte~ret and define CLIENTs policies and decisions with respect to THE PROJECT and to order, at CLIENTs expense, such technical services as may be requested by Texas CMT. 2.4 Designate m writing those persons or firms who are authorized lo receive copies of Texas CMT's inspection and test reports 25 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 services. Such advance notice shall be in accordance with that established by mutual agreement of the parties 26 Direct TIlE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Secure and deliver to Texas CMT, without cost Id Texas CMT, preliminary representahve samples of those matcfials he proposes to use which require testing, together with any relevant data of the materials (b) Furnish such casual labor and all facilities needed by Texas CMT to obtain and handle samples al THE PROJECT and to facilitate thc specified inspoc6on and tests (c) Provide and maintain for the use of Tex~ CMT, adequate space at THE PROJECT fi~r safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to testing ARTICLE 3. GENERAL CONDITIONS; 31 Texas CMT, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT customarily vested in THE PROJECT archgects, design engineers, or any other design agencies or authorities 32 Texas CMT shall not be responsible for acts of omissions of any party or pomes involved in the design of THE PROJECT or the fa/lure of any contractor or subconU-actor to construcl any aspect of THE PROJECT in accordance with recommendations contained in any correspondence or verbal recommendation issued by Texas CMT 33 'lcxas CMT is not authorized to revoke, alter, relax, enlarge or release any rcq uiremenl of TIIE PROJECT specifications or other contracl documents nor to writing by CLIENT or his authorized representative. Texas CMT shall not have thc right of rejecfion or the right to stop the work, except for such periods as may be required to conduct the samplin g, testing or inspection of operation s covered by the Agreement. 34 This Agreement may be terminated by either party on ten (10) days written nolice or by mutual agreement If this Agreement is terminated by either party, Texas CMT shag be paid in flag for all services performed through the termination date, and the CLIENT shall be provided with a complete report of the results of test and analysis conducted prior to term/nation 3.5 Neither CLIENT nor Texas CMT may delegale, assign, sublet or transfer his duties or interest in this Agreement without the wriilen consent of the other party 36 The only WARRANTY made by Texas CMT in connection with its services per-formed hereunder is thal it will use that degree of care and skill as set forth in Article 1.1 above. No other WARRANTY, expressed or implied, is made or thtanded for services provided hereunder or furnishing oral or written reports of findings made. ARTICLE 4. INSURANCE: 41 Texas CMT shall secure and maintain throughout the full period of this Agreemen~ sufficient insurance Io protect il adequata]y from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage ~s may arise from the performance of services under this Agreement. Texas CMT will, upon request, file ceriification of such insurance coverage with CLIENT or his authorized representative. Within the limits and conditions of such insurance, Texas CMT agrees to indemnify and save CLIENT harmless from and against any loss, damage, or liability arising from any negligent acts by Texas CMT im agents, staff and consultants employed by it Texas CMT shall not be responsible and CLIENT shall indemnify Texas CMT for any loss, damage or liability arising from any negligent acts by CLIENT, its agents, staff, and other consultants employed by it, and any claim asseried against Texas 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 with this Agreement 42 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 subcontractor's responsibility for damages resulting from his operations or for furnishing work and materials to THE PROJECT. CLIENT agrees, therefore, to include, or cause to be included in THE PROJECTs construction contract, such requirements for insurance coverage and performance bonds to be secured and mathtained by THE PROJECT contractor as CLIENT deems adequata to indemnify CLIENT, Texas CMT, and other concerned parties, against claims for damages and to insure compliance of work performance and matarials wdh THE PROJECT requirements ARTICLE 5 PAYMENT: 51 CLIENT will pay Texas CMT for services and expenses in accordance with the attached fee schedule (Exhibit A). Texas CMT will submit progress 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 author/zed representative. 52 Texas CMT shall be paid in fidl for all services under the Agreenlem, including any additional ser',Jces in excess of Ihose stated in the original Agreement, as specifically authorized by CLIENT. 5.3 The CLIENT's obligation to pay for the work contsactod is in no way dependent upon the CLIENT's ability to obtain financing, approval of governmental or regulatory agents, or upon the CLIENT's successful com- pletion of the project. ARTICLE 6. EXTENT OF AGREEMENT: The Agreement, iucluding these terms and conditions, represents the entire agreement between CLIENT and Texas CMT and supersedes all prior negotiations, representations or agreemcnB, wrgten or oral. The Agreement may be amended only by written instruments signed by CLIENT and Texas CMT. AWIICLE 7. APPLICABLE LAW: 'lhe Agreement shall be governed by the laws of the State of Texas IO044 Monroe Drive Dallas, Texas 75229 Texas CMT, Inc. Fee Schedule EXHIBIT "A" SCHEDULE OF SERVICES AND FEES CONSTRUCTION MATERIALS ENGINEERING SERVICES (Effective April 2004) I. ASPHALTIC CONCRETE/BITUMINOUS MATERIALS OBSERVATION/TESTING: 1.1 Asphaltic concrete mix designs a. Hveem Method, one asphalt content ................................. 290.00 b. Marshall Method, one asphalt content ............................... 360.00 c. Marshall Method, four asphalt contents .............................. 690.00 1.2 Confirmation Mix Design, using design prepared by others ............. At Unit Prices 1.3 Observation/sampling at batch plant or jobsite, per man-hour .................. 40.00 1.4 Rolling Pattern Field Nuclear Density Tests, (minimum of 3 per trip), each ....... 38.00 1.5 Asphaltic Concrete Coring, per diameter-inch ............................... 2.50 1.6 Laboratory Density of Pavement Cores, each ............................... 22.00 1.7 Molding Test Specimens (3 per set), set ................................... 48.00 1.8 Density and Percent Voids (3 per set), set .................................. 48.00 1.9 Hveem Stabilimeter Value (3 per set), set .................................. 72.00 1.10 Marshall Stability (3 per set), set ........................................ 72.00 1.11 Marshall Flow Value (3 per set), set ...................................... 14.00 1.12 Sand Equivalent, each ................................................. 68.00 1.13 Extraction, each ..................................................... 160.00 1.14 Specific Gravity of Aggregates, each ..................................... 45.00 1.15 Sieve Analysis of Aggregates, each ...................................... 45.00 1.16 Evaluation of Built-up Roofing Membrane, each ........................... 270.00 1.17 Maximum Theoretical Density, each .................................... 140.00 1.18 Solvent Disposal Charge, each ........................................... 28.00 Revision Date: April, 2004 Page I 10044 N(onroe Drive Dallas, Texas 75229 Texas CMT, Inc. Fee Schedule 1I. PORTLAND CEMENT CONCRETE AND AGGREGATES OBSERVATION/TESTING 2.1 Portland Cement Concrete Mix Design, including Specific Gravities, Absorptions, Unit Weights of Aggregates, and Gradations ............................... 160.00 2.2 Additional Mix Design (using same aggregates), each ........................ 115.00 2.3 Confirmation Mix Design Test Cylinders, each .............................. 27.00 2.4 Confirmation Mix Design Test Beams, each ................................ 27.00 2.5 Concrete Observation, per hour ........................................... 40.00 2.6 Concrete Test Cylinders (without observation), each ..........................25.00 2.7 Concrete Test Beams (without observation), each ............................. 30.00 2.8 Concrete Test Cylinders (with observation), each ............................ 20.00 2.9 Concrete Test Beams (with observation), each ............................... 23.00 2.10 Hold Cylinders, each .......................................... See Rates Above 2.11 Concrete Reinforcing Steel Observation (Shop or Field), per hour ............... 40.00 2.12 Air Content Measurement when not making cylinders or beams (minimum three hours technician time), each ................................ 23.00 2.13 Unit Weight of concrete when not making cylinders or beams (minimum three hours technician time), each ................................ 23.00 2.14 Specific Gravity, each .................................................. 45.00 2.15 Absorption, each ...................................................... 21.00 2.16 Gradation (ASTM C-136),each .......................................... 45.00 2.17 Sieve Analysis (material finer than #200 U.S. Sieve), each ..................... 25.00 2.18 Sulphate Soundness a. Five Cycles, each ................................................ 245.00 b. Each additional cycle .............................................. 69.00 2.19 Concrete Coring with Technician Time, per diameter-inch ...................... 2.50 2.20 Capping and Testing Concrete Cores, each .................................. 25.00 2.21 Sawing Core Ends, per end ............................................... 9.00 Rev/sion Date: April, 2004[ Page 2 10044 Monroe Drive Dallas, Texas 75229 Texas CMT, Inc. Fee Schedule 2.22 Compressive Strength of brick, block or grout per specimen .................... 27.00 2.23 Flexural Strength of brick or block, per specimen ............................ 33.00 2.24 Non-destructive Concrete Testing (excludes expendable materials), per hour ....... 68.00 2.25 Compressive Strength of 2 Block Prism, each ............................... 50.00 III. SOIL 3.1 OBSERVATION/TESTING Continuous Observation and Testing of earthwork by Technician with nuclear gauge, per hour ....................................................... 49.00 3.2 In-Place Moisture-Density Tests (minimum of 3 tests per trip) a. Nuclear Method, each 38.00 b. Other Methods, each .......................................... By Request 3.3 Material Sampling, per hour ............................................. 40.00 3.4 Moisture Content, each .................................................. 6.00 3.5 Atterberg Limits ( including Liquid and Plastic Limits), each ................... 48.00 3.6 Linear Bar Shrinkage, each .............................................. 20.00 3.7 Slaked and Washed Sieve Analysis a. Materials processed over No. 40 U.S. Sieve, each ........................ 25.00 b. Materials processed over No. 200 U.S. Sieve, ASTM D-422, each ........... 25.00 3.8 Hydrometer Analysis (including sieves), each .............................. 190.00 3.9 Gradation of Lime Stabilized Soil per TSDHPT, Item 260, per hour (minimum of 3 hours per trip) .................................... 40.00 3.10 Preparation of Base Materials Binder for testing, each ......................... 25.00 3.11 Maximum and Minimum Density Tests, each .............................. 110.00 3.12 Specific Gravity Tests, each ............................................. 45.00 3.13 Moisture-Density Relationship a. Standard Method, ASTM D-698 or AASHTO T-99, each ................ 170.00 b. Modified Method, ASTM D-1557, AASHTO T-180 or TEX-113E, each .... 180.00 c. TSDHPT Method TEX-114E, each .................................. 250.00 3.14 Moisture-Density Relationship with lime or cement a. Standard Method, ASTM D-698 or AASHTO T-99, each ................ 185.00 b. Modified Method, ASTM D-1557, AASHTO T-180, or TEX-113E, each .... 195.00 c. TSDHPT Method TEX-114E, each .................................. 260.00 Rev/s/on Date: Apr~I, 2004 Page 3 10044 Monroe Drive Dallas, Texas 75229 Texas CMT, Inc. Fee Schedule 3.15 TSDHPT Triaxial Series, TEX-117E, each ............................. By Request 3.16 TSDHPT Wet Ball Mill Analysis, TEX- 116E, each .......................... 200.00 3.17 Los Angeles Abrasion (small aggregate), each .............................. 200.00 3.18 Sample Preparation for L.A. Abrasion or Wet Ball Mill Analysis, each aggregate ........................................................ 40.00 3.19 California Bearing Ratio (CBR), laboratory performed 290.00 a. Native materials, per specimen ..................................... b. Lime or cement treated, per specimen ................................ 320.00 3.20 Strength and Durability of Cement Stabilized Soils a. Curing and testing of Compression Samples, each .................. By Request b. Wet-Dry Test, ASTM D-559 or AASHTO T-135, each .............. By Request c. Freeze-Thaw Test, ASTM D-560 or AASHTO T-136, each ........... By Request d. Preparation of Samples for a, b, or c, each ......................... By Request 3.21 Phenolphthalein Lime Indicator Charge, per trip ............................. 12.00 IV. OBSERVATION/TESTING OF STRUCTURAL STEEL/WELDING 4.1 Ultrasonic/Magnetic Particle/Liquid Penetrant by Level II Technician with equipment (portal to portal) per hour including standby ................... 55.00 4.2 Visual Observation a. Structural Steel/Welding Observation - (Shop or Field), per hour ............ 49.00 4.3 4.4 4.5 Witness of Welders Qualification in Field Plate or Pipe Test, per hour (4 hour minimum, portal to portal) .................. 49.00 Welders Qualification at our laboratory a. Pipe Test - AWS or ASME 1 position - 6" Schedule 40 ......................................... 110.00 2 position - 6" Schedule 40 ......................................... 155.00 1 position - 6" Schedule 80 ......................................... 110.00 2 position - 6" Schedule 80 ......................................... 155.00 Plate Test - 1 position - 2 position - AWS or ASME (inc. all mats and testing in laboratory) limited thickness, 3/8" plate ............................... 115.00 limited thickness, 3/8" plate .............................. 155.00 position - unlimited thickness, l" plate .............................. 110.00 position - unlimited thickness, 1" plate .............................. 155.00 Plate Test - Texas Highway Department Standard Specification 1 position - 1" plate ................................................... 180.00 2 position - 1" plate ................................................... 300.00 Revision Date: April, 2004 Page 4 10044 Monroe Drive Dallas, Texas 75229 Texas CMT, lnc. Fee Schedule 4.6 Tensile Strength Tests (50.00 min. charge - machine costs, sampling extra) a. Reduced Sections 10 or less, each ................................................... 48.00 11 or more, each .................................................. 43.00 b. Reinforcing Steel # 3 to # 10, each .................................................. 43.00 # 11 to # 18, each ................................................. 48.00 V. PROFESSIONAL/TECHNICAL SERVICES 5.1 Typist, per hour ....................................................... 40.00 5.2 Engineering Inspector/Technician, per hour ................................. 40.00 5.3 Field Supervisor, per hour ............................................... 70.00 5.4 Draftsman, per hour .................................................... 75.00 5.5 Staff Engineer, per hour ................................................ 80.00 5.6 Project Geotechnical Engineer, per hour .................................... 90.00 5.7 Engineering Manager, per hour .......................................... 105.00 5.8 Principal Engineer, per hour ............................................ 135.00 5.9 Expert Witness, Depositions, Testimony by Principal Engineer, per hour ......... 180.00 VI. GENERAL NOTES 6.1 Minimum charge for report .............................................. 35.00 Reproduction, per page .................................................. 0.32 6.2 Hourly rate quoted at regular rate only (portal to portal), Mondays to Fridays, 7:30 am - 5:00 pm 6.3 Vehicle Transportation Charges for All Field Services Per one-half day within 30 miles of laboratory, per trip ....................... 25.00 Over four hours within 30 miles of laboratory, per trip ........................ 46.00 Outside of these parameters ........................................ By Request 6.4 Subsistence, per man-day .............................................. 100.00 6.5 All direct expenses required/approved .............................. Cost plus 15% 6.6 Terms of payment ........................................... Due Upon Receipt Finance charge past 30 days 1 1/2% per month, annual rate ..................... 18% Revision Date: April, 2004 Page 5