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WA0101-CN050316Construction Materials Testing and Environmental Consulting exas CMT, Inc. 10044 Monroe Drive Dallas, Texas 75229 (214) 352-6957 Fax (214) 352-6972 www .texascmt.com March 16, 2005 EXHIBIT "B" Ms. Suzan C. Taylor C.I.P. Coordinator The City of Coppell P. O. Box 9478 Coppell, Texas 75019 Via Fax: 972-304-3673 Proposal No. 250302 Construction Materials Testing State Highway 121 Water Line WA 01-01 Coppell, Texas 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 March 15, 2005 telephone conversation with Mr. Larry Davis 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 March 16, 2005 II. FIELD TESTING AND OBSERVATION A. Earthwork Testing Sampling Subgrade Soils 6 Hrs. ~ $40.00 per hour ................................. $240.00 In-Place Moisture Density Tests (assumes 142 tests, Based on testing every other lift of trench backfill, one (1) test per 300 linear feet, 30 trips) 142 tests ~ $38.00 per test ............................. $5,396.00 Trip Charges 33 trips ~ $25.00 per trip (4 hours or less) .................... $825.00 Total of Earthwork Testing .............................. $6,461.00 B. Portland Cement Concrete Testing Periodic Observation of Concrete Placement (Based on 2 driveway concrete placements) 6 Hfs ~ $40.00 per hour ................................. $240.00 Compressive Strength Concrete Cylinders (with Observation) (Based on 1 set of 4 cylinders per day) 8 tests ~ $20.00 per test ................................. $160.00 Trip Charges 2 trips ~ $25.00 per trip (4 hours or less) ...................... $50.00 Total of Concrete Testing ................................. $450.00 Total of Field Earthwork and Concrete Testing .............. $6,911.00 TOTAL OF ALL OBSERVATION AND TESTING SERVICES ..... $8,369.00 Based on the assumptions our total estimated fee to perform the aforementioned tests and services is $8,369.00. 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. 250302 Page 2 The City of Coppell March 16, 2005 We understand we have been selected for 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, ln~ Project Manager Construction Materials Engineering Division Richard W. Gee, P.E. President AS:RWG/dwe Enclosure Texas CMT, Inc. Proposal No. 250302 Page3 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 Coppel] P. O. Box 9478 CoDDell, 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 Testin~ State Hiqhway 121 Water Line WA 01-01 Coppell ~ Texas Texas CMT has submitted a fee schedule to CLIENT, a copy of which i~s_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 ~ of CLIENT ~- ~" .- Title: P~-,-I-,~ t(~a.~'a ,) TO BE COMPLETED BY CLIENT FOR PAYMENT OF SERVICES: ,2004. Texas Address: City , State ARention: lnvoicetothe AccountoE Title: Zip Code: -- 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. Firm: Address: Zip Code: Phone No. Attention: Title: PERSON OR FIRM TO ACT AS CLIENT'S REPRESENTATIVE WITH RESPECT TO Texas CMT'S SERVICES Client's Representative: Person or firm authorized to schedule observation and testing: PERSONS OR FIRMS AUTHORIZED TO RECEIVE COPIES OF Texas CMT'S OBSERVATION AND TEST REPORTS: ARTICLE 12 16 ARTICLE 22 ARTICLE TERMS AND CONDITIONS TO AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES I SERVICES: Texas CMT wilh approve or accept any pertion of the work, unless specifically authorized in Act for CLIENT in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of the profession practicing in the same or similar locality of THE PROJECT site. Provide only those services that, in the opinion of Texas CMT, lie within the technical and professional areas of exportise of Texas CMT and which Texas CMT is adequately staffed and equipped Io perform. Perform all lechnical services under the general direction of a Registered Professional Engineer and in substantial accordance with the basic quirements of the appropriate Standards of The American Society for Testing and Materials, where applicable, or other standards designated by CLIENT. I 4 Promptly submit formal reports of all tests, inspoclions and services per- formed indicating where applicable, compliance with THE PROJECT specifications or other contract documents Such reports shall be complete and factual, citing the lesta performed, methods employed, values obtained, par~s oftbe 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 autbozized representative, documentation of such calibration Consider all reports to be the confidential properly of CLIENT, and distribute reports only to the persons, organizations or agencies specifically designated in writing by CLIENT or his authorized representative. 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 wig be made available to CLIENT at all reasonable times. 2 CLIENT'S RESPONSIBILITIES: CLIENT or his authorized ap- proved shop drawings and other information for the proper performance of Texas CMT. PROJECT site, and to all shops or yards where materials are prepared or respect to Texas CMT's services to be performed under this Agreement; such information and data, interpret and define CLIEN~I's policies and decisions with respect to THE PROJECT and to order, at CLIENT's expense, such technical services as may be requested by Texas CMT for assignment of personnel by Texas CMT for completion of the required 26 Direct THE PROJECT contractor, either by the Construction Contract or (a) Secure and deliver to Texas CMT, without cost to Texas CMT, materials. (b) Furnish such casual labor and all facilities needed by Texas CMT to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests. (c) Provide and maintain for the use of Texas CMT. adequate space at THE PROJECT for safe storage and proper curing of test specimens 3 GENERAL CONDITIONS: authorities with regard to THE PROJECT customarily vested in THE PROJECT architects, design engineers, or any other design agencies or 32 Texas CMT shall not be responsible for acts of omissions of any party or parties involved th the design of THE PROJECT or the failure of any recommendation issued by Texas CMT. 33 fexas CMT is not authorized to revoke, alter, relax, enlarge or release any writing by CLIENT or his authorized representative. Texas CMT shall not have the right of rejection or the right to stop the work, except for such periods as may be required to conduct the sampling, testing or inspecfion of operation s covered by the Agreement. 34 This Agreement may be terminated by either parW on ten (10) days written notice or by mutual agreement If this Agreement is terminated by either party, Texas CMT shall be paid in full 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 termination. 3.5 Neither CLIENT nor Texas CMT may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. The only WARRANTY made by Texas CMT in connection with its services per-formed hereunder is that it will use that degree o£¢are and skill as set forth in A~icle 1.1 above. No other WARRANTY, expressed or implied, is made or intend~ 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 Pull period of this Agreement sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or propeny damage as may arise from the performance oX'services under this Agreement. Texas CMT will, upon request, file certification 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 rasing from any negligent acts by Texas CMT its 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 asserted 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 lo 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 TIlE PROJECTs construction contract, such requirements for insurance coverage and performance bonds 1o be secured and maintained by THE PROJECT contractor as CLIENT deems adequate to indemnif~ CLIENT, Texas CMT, and other concerned parties, against claims for damages and to insure compliance of work performance and materials with THE PROJECT requirements ARTICLE 5. PAYMENT: 5.1 CLIENT will pay Texas CMT for services and expenses in accordance with the artached fee schedule (Exhibit A) Texas CMT will submit progress invoices to CLIEN'r monthly and a final invoice upon completion of its work Each invoice, on presentation, is due and payable by CLIENT or his authorized representative. 5.2 Texas CMT shall be paid in full for all services under the Agreement, including any additional services in excess of those stated in the original Agreement, as specifically authorized by CLIENT. 5.3 The CLIENT's obligation to pay for the work contracted is in no way dependent upon the CLIENTs 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, including these terms and conditions, represents the entire agreement between CLIENT and Texas CMT and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instruments signed by CLIENT and Texas CMT. ARTICLE 7. APPLICABLE LAW: The Agreement shall be governed by the laws oftbe State of Texas,