SS9901-CN040621 T H E · C I T Y · 0 F
COPPELL
May 24, 2004
Mr. Roger Southworth
Terra-Mar
11050 Ables Lane
Dallas, Texas 75229
DeForest Road Lift Station Improvements
Force Mains Line 'D"
SS 99-01
Construction Materials Testing
Dear Mr. Southworth:
Enclosed please find a set of plans and specifications for the above referenced project.
The project consists of the installation of +_8700 linear feet of 30-inch force main. The
constmetion documents provide for two alternate construction methods: directional drilling
and open cut/boring The City of Coppell awarded a construction contract for Alternate I,
directional drilling, on May 11, 2004.
Please provide an estimate of the type and number of construction materials tests required
for the project based on the construction plans and the City's standards and submit a
proposal for the testing. The contractor is responsible for payment of materials testing
done before 8:00 a.m. and after 5:00 p.m.
Your consideration of this matter is appreciated and should you have any questions or
need any additional information, please contact me at 972-304-7019.
Sincerely,
· Taylor
ordinator
Attachments
June 21, 2004
Suzan Taylor
City of Coppell
255 Parkway
Coppell, Texas 75019
TMI Proposal No. DC 0304-1064
Phone 972-304-7019
Fax 972-304-3570
RE:
Proposal and Fee Schedule for Testing and Inspection of
DeForest Rd. Lift Station Improvements
Force Main Line "D"
Coppell, Texas
Dear Ms. Taylor
Terra-Mar Inc., (TMI) is very pleased to be selected for the construction materials
testing and inspection services for the DeForest Rd., Lift Station Improvements, Main
Line "D" located in Coppell, Texas. Our scope of services is based on our understanding
of the project plans.
In addition to specific information provided, TMI has made some estimates regarding the
duration of the construction period in order to prepare the cost estimate. Therefore, we
request that you carefully review the on-site duration and frequency of testing to
compare with your estimated construction schedule. As you know, our cost is directly
dependent upon the time duration and construction methodology utilized.
Scope of Services
TMI proposes to provide the following Construction Materials Testing Services for the
DeForest Rd., Lift Station Improvements Force Main Line "D" Project as required by the
project plans and specifications.
Earthwork
TMI will provide a soils technician to collect on-site soil samples for proctor compaction
tests of different soil types to be used for the utility trench backfill. Soils technician will
perform inspection of materials being placed and will utilize a nuclear density gauge to
perform in-place density and moisture content test.
Concrete
TMI will provide a full time concrete technician during concrete placements. The project
superintendent will be notified of any discrepancies noted during visual observation.
Concrete samples will be taken at appropriate intervals as determined by the project
Terra-Mar - U.S. Labs
ll050AblesLane * Dallas, Texas75229 * (972)488-8800 * Fax:(972)488-8080
,~ Offices Nationwide
specifications. Concrete samples will be tested for temperature, entrained air content,
slump, and compressive strength.
Cost Estimate
Presented on Table 1 (attached) is our detailed fee costs to perform the construction
materials testing required for this project. The actual total cost of the testing program
may increase or decrease depending on specific job-site conditions. TMI will track and
provide notification of accumulated cost on a regular basis. TMI will require prior
authorization of any work that will exceed our estimate. In any case, we will honor the
prices shown on of this proposal, and will invoice on a unit rate basis for only the
services rendered.
Schedule
Terra-Mar is prepared to begin work immediately upon notification to proceed from the
project representative. We are prepared to respond to your needs with due diligence in
a timely fashion, as well as establish a level of communication and common sense,
which facilitates progress.
Acceptance
Terra-Mar is committed to, and capable of, providing the required materials engineering
and testing services that are necessary for timely and professional project performance.
Our engineering technicians are either certified by the American Concrete Institute and
National Institute for Certification in Engineering Technologies (NICET) or enrolled in
certification programs. Terra-Mar is regularly inspected by the Cement and Concrete
Reference laboratory (CCRL), a member of the American Council of Independent
Laboratories and is accredited by A2LA.
We thank you for your consideration of this proposal and look forward to serving your
professional needs on this project. If you require further information, please do not
hesitate to contact us. An invoice for services performed during each month will be sent
within the first 10 days of the following month. Payment for our services will be due
within 30 days of receipt of invoice, Please complete the attached Acceptance
Agreement and return one copy to us.
Sincerely,
TERR~
Project M~
~ager
TERRA-MAR, INC.
Gary D. Dry
CMT Manager
Table !
Construction Materials Testing for
DeForest Rd. Lift Station Improvements
Force Main Line "D"
Coppell, Texas
Terra-Mar Proposal No. P04-1064 DC
21-Jun-04
Estimated Unit Estimated
Service Description Quantity Units Price Cost
Soils Technician 25 Hours $32.50 $812.50
Standard Proctor Compaction Test (ASTM D-698)) 2 Each $125.00 $250.00
Atterberg Limits 2 Each $45.00 $90.00
Matedal Finer than #200 Sieve 2 Each $35.00 $70.00
Nuclear Field Density Test 20 Each $15.00 $300.00
Transportation Charge 5 Each $20.00 $100.00
Subtotal $1,622.50
Concrete Placement Insoection/Pavino Reolacernent.lnlets and Manholes
Concrete Technician -Portal to Portal 20 Hours $40.00 $800.00
Compressive Strength Test Cylinders 20 Each $15.50 $310.00
Transportation Charge 5 Each $20.00 $100.00
Subtotal $1.210.00
Pro!ect Manaoement
Project Manager - General Project Coordination/Report Review 2 Hours $71.50 $143.00
Subtotal $143.00
Estimated Total Cost $2,975.50
PROPOSALACCEPTANCEAGREEMENT
Description of Services: Construction Materials Testin.q
Project Name DeForest Rd. Lift Station Improvements Force Main Line "D'
Project Location: Coppell, Texas
TERRA-MAR Proposal #:P04-1064
APPROVAL AND PAYMENT OF CHARGES. Fees will be billed to the account of, and invoices will be mailed to:
Firm: C~tv of towel1
Attention: Ken Gr~ff~n
Address: 255 Parla~ay Blvd.
City: Coppell
Telephone:
PROPOSAL ACCEPTED BY:
TITLE:
DATE ACCEPTED:
State:
Zip:. 75019
PAYMENT TERMS: Payable in accordance with the attached agreement(s). Invoices for completed work will be
issued every month for continuous or extended projects unless otherwise mutually agreed upon in writing.
PROPERTY OWNER IDENTIFICATION (If other than above):
Name:
Address:
City: State: Zip:
Telephone: Fax:
SPECIAL PROVISIONS:
Please note that TERRA-MAR reserves the right to withhold all reports until such time as TERRA-MAR receives a
signed Proposal Acceptance Agreement or other written authorization referencing this AGREEMENT in its entirety.
This AGREEMENT, together with TERRA-MAWs Proposal, Unit Fee Schedule and the attached agreement(s), as
indicated below, constitutes the entire agreement between the Client and TERRA-MAR and supersedes all prior
written or verbal understandings.
Professional Services Agreement
Agreement for Materials Engineering and Related Construction Materials Testing Services
Environmental Services · Geotechnical Engineering · Construction Materials Testing
DALLAS · FORT WORTH · HOUSTON · AUSTIN · LONGVlEW
TERMS AND CONDITIONS
1. The Agreement. The Agreement between file parties, which shall
describe and govern Client's engagement of Consultant m provide services
(Services) in connection wifil file project (Project) idemifind in the proposal
(Proposal), consists of file Proposal, these terms and conditions (whether or not
initialed by Client below), Consultant's fee schedule, and any exhibits or
a~chments referenced in any of these documents. Together these elements
constitute the entire agreement between the parties, superseding any and all
prior negotiations, correspondence, or agreements, either written or oral with
respect to the subject matter of fills engagement. This Agreement may only be
amended or modified by mutual written agreement.
2. Standard of Care. The Services shall be performed in a manner
consistem with file level of care and skill ordinarily exercised by members of
ConsuRant's profession currendy practicing under similar conditions and in file
same IocaIity as file Project. Data, interpretations and recommendations by
Consultatu will be bared solely on information discovered by, or made
available to, Consultant during the course of the engagemem. In connection
wifil such information. 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 over time. Consnlrant shall not be
responsible for the use or interpretation of such information by non-parties to
this Agreement. CONSULTANT MAKES NO OTHER REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES.
3, Site Access and Conditions. Client will grant to, or obtain for,
Consultant unimpeded access to the Project site for all equipment and personnel
necessary for file performance of the Services, and (if requested by Consultant)
necessary for Consultant's personnel to photograph the Project site. As
required to effectuate such access, Client will notify all owners, lessees,
con~ractors, subcontractors, and other possessors of the Project site that
Consultant must be allowed free access to file site. While Consultant agrees to
take rearonable precautions to minimize damage to the site, Client understands
that, in the normal course of performing file Services, some damage may
occur, and further understands that Consultant is not responsible for the
correction of any such damage unless so specified in the Proposal. Client is
responsible for the accuracy of locations for all subterranean sm~ctores and
utilities. Consultant will take rearonable precautions to avoid known
subterranean structures and utilities, and Client waives any claim against
Consultant, and agrees to defend, indemnify, and hold Consultant harmless
from any claim or liability for injury or loss of any party, including costs of
defense, arising from damage done to subtarranean stxuctures and utilities not
identified or accurately located. In addition, Client agrees to compensate
Consultant for any time spent or expenses incurred by Consultant in defense of
any such claim with compensation to be based upon Consultant's prevailing fee
schedule and expense reimbursement policy.
6. Construction Monitoring. If Consultant is engaged by Client to
provide a site representative for the purpose of monitoring specific portions of
any construction work, as set forth in file proposal, then this Section 6 shall
apply. If Consultant's engagement does not include such construction
monitoring, then fills Section shall be null and void. In connection with
construction monitoring, Consultant will report observations and professional
opinions to Client. Consultant shall report to Cliem any observed work which,
in Consultam's opinion, does not conform to plans and specifications.
Consultant shall have no authority to reject or terminate the work of any agent
or contractor of Client. No action, statements, or communications of
Consultant, or Consultant's site representative, can be cons~ued as modifying
any agreement between Cliem and others. Consultant's presence on the Project
site in no way guarantees the completion or quality of file performance of file
work of any party retained by Clicm to provide construction related services.
Neither file professional activities of Consul~mt, nor file presence of Consultant
or its employees, representatives, or subcontractors on the Project Site, shall be
construed to impose upon Consultant any responsibility for methods of work
performance, suporintandence, sequencing of constyuction, or safety conditions
at file Project site. Client acknowledges that Client or its general contractor is
solely responsible for job site safety, and warrants and agrees that such
responsibility shall be made evident in any Project owner's agreement with the
general contractor. Client also agrees to make Consultant an additional insured
under any general conla'actor's general liability insurance policy. In the event
Consultant expressly assumes any health and safety responsibilities for
hazardous materials or other items specified in this Agreement, the acceptance
of such responalbi]ity does not and shall not be deemed an acceptance of
responsibility for any other health and safety requirements, such as, but not
limited to, those relating to excavation, trenching, drilling or backfilling.
7. Ownership of Documents. All reports, boring logs, field data, field
notes, laboratory test data, calculations, estimates and other documents
prepared by Consnitant in connection with this engagement, shall remain file
property of Consultant. Client agrees that all reports, or other material
furnished to Cliem or his agents for which Client has not paid will be returned
upon demand and will not be used by Client or others for any purpose
whatsoever. Unless otherwise required by law, Consnitam will retain all
pertinem records relatthg to file Services performed for a period not exceeding
three years following submission of file report, during which period the records
will be made available to Client at all reasonable dines.
8. Prq[ect Changes. In file evem Client, the Project ow~r, or other party
makes any changes in the plans and specifications, CIiem agrees to hold
Consultant harmless from any liability arising out of such changes, and Client
assumes full responsibility unless Client has given Consultant prior notice and
has received Consultant written consent for such changes.
4. Cooperation and Pro,}ect Understanding. To the extem requested by
Consultant, Client will make available to Consultant all information in its
possession regarding existing and proposed conditions at file site. Such
information shall include, but not be limited to, plot plans, topographic
surveys, hydrographic data, and previous soil data, including borings, field and
laboratory tests and written reports. Client shall immndiataly transmit to
Consultant any new information concerning si~e condition which becomes
available, and any change in plans or specifications concerning the Project to
file extant such information may affect Consultant's performance of the
Services. Client agrees, upon 24 hours oral or written notice, to provide a
representative at the job site to supervise and coordinate the Services.
Consultant shall not be liable for any inaccurate or incorrect advice, judgment
or decision which is based on any inaccurate information furnished by Cliem,
and Client shall indemnify Consultant against claims, demands, or liability
arising out of, or contributed to, by such inaccurate information.
5. Sample Disposal. Unless other arrangements are made, Consultant will
dispose of all soil and rock samples remaining at the time of report completion.
Further storage or transfer of samples can be arranged at Client's prior writ~n
request, subject to a reasonable charge by Consultant. Client acknowledges
that contaminated drill cuttings, sample spoils, wash water, and other materials
may be produced as a result of encountering hazardous materials at file site. In
such event, Consultant shall properly contain, label, and store such materials
on-site, and Client shall be responsible for its proper transportation and
disposal. Consultant may be able to arrange for file transportation and disposal
of hazardous materials at Client's request.
9. Termination. This Agreement may be terminated for no cause by
eifiler party upon thirty (30) days' written notice, and at any time by either
party if the other party defaults in file performance of any material provision of
this Agreemem and such default continues for a period of seven (7) days after
written notice thereof. In file event of termination, Consultant will be paid for
services performed through the date of termination, plus reasonable termination
expenses, including the cost of completing analyses, records and reports
necessary to document job status at the time of termination.
10. Limitation of lAabilit¥. TO THE FULLESF EXTENT PERMITTED BY LAW
AND NOTWITHSTANDING TO ANYTHING ELSE IN THIS AGREEMENT TO THE
CONTRARY, THE AGGREGATE LIABILITY OF CONSULTANT AND ITS
. A~C~V~ $S0,000.
Increased linflt of liability
for damages Additional fee
$75,000 $500
$100,000 $1,000
Client must Initial
13. Insurance. No insurance, carried by Consultant, shall be deemed to
limit in any way the responsibility of any contractor or subcontractor for
damages resulting from their services in connection with the Project. Client
agrees, to include, or cause to be included, in the Project's construction
contract, such requirements for insurance coverage and performance bonds to
be secured and maintained by the Project contractor as Client deems adequate
to insure and indemnify Consultant, against claims for damages and to insure
compliance or work performance and materials with Project requirements.
11. Discovery of Unanticipated Hazardous Materials. Client warrants
that it has mede reasonable efforts to inform Consultant of known or suspected
haz0xdous materials on or near the Project site. The parties acknowledges that
hazardous materials may exist at a site where there is no reason to believe they
are present. Consultant and Client agree that the discovery of such
unanticipated hazardous materials constitutes a changed condition which shall
require either a re-negotialion of the scope of Consultant's Services or
termination of such Services or this Agreement. Client recognizes that the
tiiscovery of hazardous materials may necessitate inunediate protective
measures to safeguard the public health and safety and agrees to compensate
Consultant for measures that in Consultant's professional opinion are justified
to preserve and protect that health and safety of site personnel and the public.
Client also agrees to compensate Consultant for any equipment decontamination
or other costs incident to the discovery of unanticipated hazardous materials.
Consultant agrees to notify Client as soon as practicable should hazardous
materials be encountered at the site that pose a t~reat to human health, safety
and the environment. Client agrees that in the event of the discovery of
hazardous materials at the site it will report such discovery to the proper
authorities as required by Federal, State, and local regulations. Client agrees
to make the required report at the recommendation of Consultant, or, if unable
to do so, authorizes Consultant to make such report. Client also agrees to
inform the Project site owner in the event that hazardous materials are
encountared at the site.
REDUCTION OF THE PROPERTY'S VALUE. CLIENT 1S RESPONSIBLE FOR
ULTIMATE DISPOSAL OF ANY SKMPLES SECURED BY CONSULTANT WHICH
12. Aquif~' Contamination. Client acknowledges that it is impossible for
Consultant to know the exact composition of a site's subsurface, even after
conducting a comprehensive exploratory program. As a result, there is a risk
that drilling and sampling may result in contamination of certain subsurface
areas. Although Consultant will take reasonable precautions to avoid such an
occurrence, Client waives any claim against, and agrees to defend, indemnify
and save Consultant harmless from any claim or liability for injury or less
wliich may arise as a result of subsurface contamination caused by drilling,
sampling, or monitoring well installation. Client also agrees to adequately
compensate Consultant for any time spent and expenses incurred in defense of
any such claim.
14. hadenmity. Client agrees to hold harmless, indemnify and defend
Consultant, and its affiliates and subcontractors, and each of their employees,
officers, directors and agents, against all claims, suits, fines and penalties,
including attorneys fees and other costs of settlement and defense, which such
liabililies arise out of or are rala~d to this Agreement or the Services, except to
the extent that they are caused by Consultant's negligent or willful misconduct.
15. R~solution of Disputes. All claims, disputes, controversies or maters
in question arising out of, or relating to, this Agreement or any breach thereof,
including but not limited to disputes arising out of alleged design defects,
breaches of contract, errors, omissions, or acts of professional negligence,
(collectively "Disputes") shall be submitted to mediation before and as a
condition preendent to pursuing any other remedy. Upon written request by
either party to this Agreement for mediation of any dispute, Client and
Consultant shall select a neutral mediator by mutual agreement. Such selection
shall be made within tan (10) calendar days of the date of receipt by the other
party of the written request for mediation. In the event of failure to reach such
agreement or in any instance when the selected mediator is unable or unwilling
to serve and a replacement mediator cannot be agreed upon by Client and
Consultant within ten (10) calendar days, a mediator shall be chosen as
specified in the Construction Industry Mediation Rules of the American
Arbitration Association then in effect, or any other appropriate rules upon
which the parties may agree. If a dispute cannot be settled through mediation
as set forth above, then such dispute shall be decided by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association then in effect, or any other appropriate rules upon
which the parties may agree. Demand for arbitration shall be made by either
party within ten (10) calendar days following termination of mediation. The
date of termination of mediation shall be the date of written notice of closing
mediation proceedings issued by the mediator to each of the parties. Demand
for arbitration shall be made by filing notice of demand, in writing, with the
other party and with the American Arbitration Associalion. The award
rendered, if any, by the arbitrator(s) shall be final and binding on both parties
and judgment may be entered upon it in accordance with applicable law in any
court having jurisdiction. Notwithstanding any other provisions of this Scclion,
in no event shall a demand for mediation be made more than two (2) years
from the date the party making demand knew or should have known of the
dispute or five (5) years from the date of substantial completion of Consultant's
Services, whichever date shall occur earlier. All mediation or arbitration shall
take place in the principal State and County of the Project, unless Client and
Consultant agree otherwise. The fees of the mediator or arbitrator(s) and the
costs of transcription and other costs incurred by the mediator or arbitrator(s)
shall be apportioned equally between the parties.
16. Assigns. Neither Client nor Consultant may delegate, assign, sublet or
transfer his duties or interest in this Agreement without the written consent of
the other party. This Agreement shall inure only to the benefit of the parties
hereto, and no third party shall have any rights hereunder. Each party binds
itself, its partners, successors, executors, administrators and assigns.
17. Governing Law and Survival. The validity of this Agreement, these
terms, their interpretalion and performance shall be governed by the laws of
the State in which the Project is located. 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 shall survive thc termination of this agreement for any cause.
Client's Initials
Billing and Payment.
Client shall pay Consultant the lump sum amount indica~d in the Proposal, or,
if no lump sum amount is indicated, in accordance with the schedule of fees or
charges as shown in the Proposal or fee schedule. Backup data on billing will
not be available unless prior arrangements have been made. Prior to initiation
of the Services, Client is required to remit any retainer specified in the
Proposal. Thereafter, Consultant will submit to Client invoices for the balance
due, which shall be due and payable immediately upon submission. If Client
objects to all or any portion of any invoice, Client will so notify Consultant in
writing within fourteen (14) calendar days of the invoice date, identify the
cause of disagreement, and immediately pay that portion of the invoice not in
dispute. In the absence of written notification described above, the balance as
stated on the invoice shall be deemed accepted. Invoices are delinquent if
payment has not been received within thirty (30) days from date of invoice. In
such event, Client shall 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. Payment thereafter will first he applied to
accrued interest and then to the principal unpaid amount. Consultant shall be
entitled to recover for all staff time spent and expanses incurred (including any
attorney's fees) in connection with collection of any delinquent amount.
Fee schedules are periodically revised. Unless otherwise agreed, new rates
apply to ongoing work as such rates are issued. If Client or Consultant should
become bankrupt or make an assignment for the benefit of creditors,
Consultant, or trttstee in bankruptcy, shall be paid the reasonable value of all
work theretofore performed, and the obligation of all parties under the
Agreement shell thereupon terminate. In determining reasonable value under
this paragraph, the Agreement price shall he deemed reasonable.
American Association for Laboratory Accreditation
ValidTo: June 30, 2004
SCOPE OF ACCREDITATION TO ISO/IEC 17025-1999
11050 Ables Lane
Dallas, TX 75229
Scott M. Petfit, P.E. Phone: 972 488 8800
Certificate Number: 0051-03
In recognition of the successful completion of the A2LA evaluation process, accreditation is granted to this
laboratory for:
CONSTRUCTION MATERIALS ENGINEERING
ASTM:
and for:
Concrete:
ASTM:
Aggregates:
ASTM:
TxDOT:
Cement:
ASTM:
Soils:
ASTM:
TxDOT:
Bituminous:
ASTM:
AASHTO:
TxDOT:
E329 (concrete, soils, bituminous), C1077 (concrete), D3666 (bituminous), D3740 (soils)
CONSTRUCTION MATERIALS TESTING
C29 C31' C39 C42' C78 C138 C140 C143' C172'
C173' C174 CI92 C231' C293 C495 C567' C617 C803'
C805' C1018 C1064 C1231 El155
C29 C40 C70 C88 Cl17 C123 C127 C128 C131
C136 C142 C535 C566 C702 D75 D2419 D3042
612J
C 109 (compressive strength)
D421 D422 D558 D559 D560 D698 D854 Dl140 D1556'
D1557 D1633 D1883 D2166 D2216 D2217 D2434 D2435 D2487
D2488 D2850 D2922' D2938 D3017' D3080 D3282 D4318 D4429'
D4546 D4644 D4767 D4972 D5084
104E 105E 106E l13E l14E l15E* l16E l17E l18E
D75' D290' D979' Dl188 D1559 D1560 D2041 D2172 D2726
D2950' D3203 D3549 D4125 D6307
T30
200F 201F 202F 203F 204F 205F 206F 207F 208F
210F 227F 228F 236F 530C 531C
*Sim Teas
5301 Buckeystown Pike, Suite 350 * Frederick, MD 21704-8373~ ,'* Pl~one: 301-644 3248
Page 1 of 1
Fax: 301-662 2974