Rolling Oaks MC-CN080321
Proposal
1r :~L~T~~M,:!~~
March 21. 2008
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell. Texas 75019
AUn: Mr. Jim Witt
City Manager
Subject:
Proposal
Construction Materials Testing & Observation Services
Roiling Oaks Memorial Center Phase I
Freeport Parkway
Coppell, Texas
CTl Proposal No. DA-Ga-0088
Dear Mr. Witt;
CTl I Thompson Texas. llC (CTL) Is pleased to present this proposal to provide
construction material testing service for the subject project. We are providing this proposal
at the request of Mr. Ken Baxter with J. Stuart Todd Architects. As we understand, the
project will consist of a new City owned cemetery. The Ph..el development will consist of
a single pavilion, a columbarlum, entry gates. a fence system. flag poles. a city feature area
and related parking. access driveways, and walkways. This proposal" based on plans and
specifications which were furnished by J. Stuart Todd Architects. Based on review of the
pIoI... and ~. ~ anticipated _ our services may Include drilled pier
observation, om ctlon testing site grading, utility trench backfill. subgrade preparation
for p8vemen ngs, structural backfill. reinforcing steel observatlOn~
testing masonry testln . and visual observation of bolted and welded field connect ons.
ESTIMATED FEES
CTL proposes to provide the anticipated services on a unlt-rat. basis In accordance
with the fee schedule presented In Table I. An estimate of our total fees Is also p.....nt.d.
This estimate was based upon our interpretation of the structural and civil drawings
provided to us by J. stuart Todd Architects. Our total fees will be Influenced by several
factors that are not controlled by CTl. Including actual scope of services. weather.
construction schedule and material quantities.
10575 Newkirk St.Suite 780 I Dallas, Texas 75220 I Phone: 972-831-1111 Fax: 972-831-0800
Proposal
9
CLOSURE
If you have any questions regnlng this proposal, please contact us. Attached for
your review Is a Service Agreement, outlining the scope of services proposed. If this
proposal Is acceptable, please sign the Agreement and return one copy to our office. We
appreciate the continuing opportunity to provide professional services to you and look
forward to working with you during the construction phase of this project.
Very truly yours,
CTL I Thompson Texas, LLC
,
DA-08-0088
Dlst: City of Coppell (1 via emall)
RoIUng 08ks Memorial Center, Ph.. I
CoppeII, Tu_
wo-_.. ~.0D88
2
Service
Agreement
~ CTLITHOMPSON
Partl..
Project
This Agreement is made this 211t day of March, 2008 between City of Cappell
255 Parkway Boulevard, CappelI, Texas 75019
referred to herein as "Clienr and CTl I Thompson Texas, llC, referred to herein as "CTL."
By joining in the Agreement, Client retains CTl to provide consulting services in connection with the Rolling
Oaks Memorial Center Phase I, Freeport Parkway, CappelI, Texas
referred to herein as .Project." Client's relationship to the Project is that of Owner
Scope
Details of the scope of CTl's services are folI1d in Exhibit A, which is part of this Agreement.
Fee
Invoices
CTl agrees to provide services covered by this Agreement on a Unit Rate basis in accordance with the fees
shown in Exhibit B.
This quotation shall remain available provided that CTL receives Clienfs authorization to proceed within :I) days
of the date of this Agreement.
If Project requirements or the subsurface conditions encountered indicate that the scope of services covered by
this Agreement should be revised, a contract modification or written addendum to this Agreement shall be
entered into to cover the revised scope and fee.
CTl will submit invoices to Client monthly and a final bill upon completion of services. Invoices will show
charges for different personnel and expense classifications, a lump sum fee or a percentage of completion,
where appropriate. A more detailed separation of charges and back-up data will be provided at Client's request.
Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client shall pay
a finance charge of one-and-one half percent (1112 %) per month on past due accounts, plus attorney fees and
costs associated with collection.
Rlght-of-
Entry
Utilities
Samples
Client will provide for right-of-entry of CTL and necessary equipment in order to complete the work. While CTL
will take reasonable precautions to minimize damage to the Project property, it is understood by Client that in
the normal course of work some damage may occur, the correction of which is not part of this Agreement.
Client shall be responsible for designating the location of all private utility lines and subterranean structures
within the property lines of the Project. CTl will request responsible utilities to locate off-site lines and public on-
site lines when necessary. Client agrees to hold CTL harmless for damage to utilities or subterranean structures
which are not correctly located by Client or the responsible utility.
CTL will retain soil and rock samples for thirty (30) days after submitting the report on those samples.
Construction materials samples collected and tested will be disposed after testing. Further storage or transfer of
samples can be made at Clienrs expense upon written request.
Service AgnMml8nt Page 1 of 9
CIty of CoppeII
CTL SERVICE AGREEMENT NO. DA 08-0088
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Service
Agreement
iff CTLITHOMPSON
The reports, boring or test pit logs, field data, IIeId notes, laboratory test data, calculations, estimates and other
documents prepared by CTL, as instruments of service, shall remail property of CTL
CTL shall retain pertinent records relating to the services performed for a period of five (5) years following
completion of services hereunder, durilg which period the records will be made available to Client during
regular business hours.
Client agrees that, in accordance with generally accepted constnJction practices, the construction contractor will
be required by Client to assume sole and complete responsibiHty for job site conditions during the course of
construction of the Project, including safely of persons and property and construction means, methods,
techniques and sequences. Client further agrees to defend, indemnify and hold CTL harmless from any and all
liability, real or alleged, in connection with the performance of wor1< on this Project, excepting liabHity arising
directly from the sole negligence of CTL.
Standard of Services of CTL under this Agreement will be performed in a manner consistent with that level of care and skill
Care ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of
the Project. No warranty, express or implied, is made or given.
Ownership
of
Documents
Job Site
Client recognizes that subsurface conditions may vary from those encountered at the location where borings or
test pits, surveys, or explorations are made by CTL and that the data, interpretations and recommendations of
CTL are based solely on the ilformalion available to it. Client recognizes that the performance of soils depends
on variability beyond the control of CTL and therefore, CTL cannot and does not guarantee the performance of
the soils. CTL will be responsmle for those data, interpretations and recommendations as indicated above, but
shall not be responsible for the interpretation or implementation by others of the information developed.
limitations Any claim or cause of action between the parties to this Agreement including, but not limited to, claims for
on Claims contribution and indemnity, shall be deemed to have accrued and the applicable Texas statutes of limitation and
repose shall commence to run no later than the date of substantial completion of the Project from which the
claim or cause of action arises. Substantial completion shall be deemed to occur no later than the date CTL
issues its final invoice for the Project.
In the event of a clam, Client agrees that as its sole and exclusive remedy, any claim, demand or suit shall be
brought against CTL as a corporation only, and not against any of CTL's individual employees, engineers,
agents, officers, directors or shareholders.
The services provided by CTL pursuant to this Agreement are solely for the benefit of Client. Neither CTL nor
Client intends to confer a benefit on any other person or entity . To the extent that any other person or entity
benefits by the services provided by CTL, such benefit is purely incidental and such person or entity shall not be
deemed a third party beneficiary of this Agreement.
Client and CTL waive claims against each other for consequential damages arising out of or relating to this
Agreement and the services provided hereooder. This mutual waiver includes, but is not limited to, claims for
losses of use, rent, income, profit, financing, business, and reputation, for delay damages of any sort, for lost
management and labor productivity and for lost qJportunity to complete other projects. This waiver extends,
without Hmitation, to all consequential damages due to either party's termination under this Agreement.
CIty of CappelI
CTL SERVICE AGREEMENT NO. DA 08-0068
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Service Agreement Page 2 of 9
Service
Agreement
if CTLITHOMPSON
Limitation
of liability
Insurance
CTl's liability for damages to Client due to professional negligence in the performance of services for the project
shall be limited to $50,000 or the total fee for the services on the Project, whichever is greater. If this Agreement
provides for the performance of services for multiple building lots or sites, CTl's liability to Client shall be Omited
to an aggregate amount of $50,000 or the total fee for all services under this Agreement, whichever is greater.
Notwithstanding any other provision in this Agreement, CTL will have no liability to Client or any third parties for
damages resulting from the failure of Client or others to follow CTl's recommendations.
CTL represents that it and its employees and consultants retained by it are protected by worker's compensation
insurance and that CTl has such coverage under public liability, property damage and professional liability
insurance policies as CTL deems to be adequate. Certificates for all such policies of insurance shal be provided
to Client upon written request. CTl shall in no event be responsible for any loss or damage beyond the
amounts, available Omits and conditions of such insurance.
Termination
This Agreement may be tenninated by either party upon seven (7) days written notice in the event of substantial
failure by the other party to perform in accordance with the terms hereof. Such termination shaH not be effective
if that substantial failure has been remedied before expiration of the period specified in the written notice. In the
event of termination, CTl shall be paid for services performed to the termination notice date plus reasonable
termination expenses.
Hazardous
Materials
Humidity,
Moisture
Vapor &
Mold
Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or
near the Project site and has informed CTl of any information or findings relative to the possible presence of
such materials. Should unanticipated hazardous materials be discovered in the course of the performance of
services under the Agreement, such discovery shall constitute a changed condition mandating a renegotiation of
the scope of work or termination of services. Should the clscovery of unanticipated hazardous materials require
CTl to take immediate measures to protect heafth and safety, Client agrees to compensate CTl for costs
incidental to taking such measures and for any equipment decontamination or replacement required. CTl
agrees to notify Client promptly when unanticipated hazardous materials or suspected hazardous materials are
encountered. Client agrees to make any dscIosure required by law to appropriate government agencies.
Furthennore, Client agrees to defend, indermify and hold CTl harmless from any and all liability arising from
discovery by anyone of unanticipated hazardous materials or suspected hazardous materials.
Unless specifically included in this Agreement, services intended to control humidity, moisture vapor, and mold
are expressly excluded from the Agreement. Client recognizes that the growth of mold, some of which may be
harmful to human health, can be caused or exacerbated by conditions which occur inside or outside habitable
structures. If Client desires to obtain services intended to control humidity, moisture vapor and mold in crawl
spaces or below structurally supported floors, CTL can provide such services. Client may obtain such services
from any source Client deems appropriate. If such services are not expressly undertaken by CTl, however,
Client agrees to indemnify, defend and hold CTL harmless from any and all claims alleging that CTl caused,
contributed to, or failed to prevent injury and damage related to the occurrence or existence of humidity,
moisture vapor or mold.
Work by
Others
In performing services under this Agreement, CTl shall be entitled to rely upon the accuracy and completeness
of recommendations made or design services provided by other consultants, and will have no liability for
damages resulting from errors and omissions in the same. .
Service Agreement Page 3 of 9
City of CoppeI
CTL SERVICE AGREEMENT NO. DA 08-0066
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Service
Agreement
~ CTLITHOMP80N
Applicable
Law
The law of the State of Texas shall govern the validity of the Agreement, and its interpretation and performance.
Entire
Agreement
This Agreement shall be the entire Agreement and shal supersede any other agreement between Client and
CTL relating to the subject matter hereof. In case of conftict or inconsistency between this Agreement and any
other contract documents, this Agreement shall control. Notwithstanding any other provision in this Agreement,
in the event that CTL begins performance of the activities addressed by this Agreement, this Agreement shall be
deemed to be an enforceable agreement between the parties regardess of whether either party has signed this
Agreement.
Authorization CTL
Client
&if?
~~ .,~ .~
TitleL Ci7'....~,
Oat; ,y ~ -,'Jcf - -o,.,t
CIty or CoppeII
CTl SERVICE AGREEMENT NO. DA 08-0088
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Service Agreement Page 4 of 9
Exhibit A
~ CTLITHOMPSON
@
~
~
I.
Obeerntlon and DenaItv T..una of Fill .nd Backfill: A rep.....ntatlve of cn will be
..II.ble on a ,part-time baaI. during placement of .Ite au com action and trench
backfill to obMrve prog..... .nd methods, .nd to rm moisture/dens tests..
required. We will rely upon the Client or Contractor to n TL at 4-hours In
adv.nce of when aervlcea are required. Testing methode used will be conducted In general
accordance with project speclflcatlona and ASTM st.ndard teat method.. Other laboratory
teatlng will be conducted .. deemed neceaaary, or .. requested by the Client, to ev.luate
conformance of fill material. with project .peclflcatlons. Report. reviewed .nd signed by a
IIceneed profealonalenglneer, will be mailed to the Client following each .lte visit.
DrIlled Pier Observation: A representative of cn will be available on a full-time b.,s to
observe drilled pier Inst.llatlon. W. will rely on the CII.nt or Contractor 'fo notify cn at
least 24 hours In advance of when services are required. While on .lte en will observe
piers for depth, bearing stratum, penetration, plumbn_, and relnforc.ment. Report.
reviewed and .Igned by a licensed professional engineer, will be m.lled to the Client
following each site visit.
Relnforclna Steel ObaeMdlon: A representative of cn will be av.llabl. on a part-time b..l.
to ob_rve placement of reinforcing ..... In ca81-ln-place concrete membel'l. we Will rely
upon the Client or Contl'llCtor to notify cn at 18881 24-hours In advance of when services
are required. Relnforclng"eeI placement will be In.pected for compliance with approved
structural and .hop drawings, Including bar size, spacing, clearance and .pllce lengths.
Post tenalon strand tensioning will be In.pected for proper Jacking force and strand
elongation. Report. reviewed and signed by a IIceMed profeaalonal engineer, will be
mailed to the Client following eech alte vlalt.
Concrete T_lna: A rep""""'ve of en will be .vallable on a part-time b.... to perform
conc..... testing .. required by project specifications. We will rely on the Client or
Contractor to notify us at least 24-hours In advance of when _rvlcea are needed. A copy of
Information regarding each teat will be given to the Contractor at the job site the day the
concrete Is sampled. Five (5) cylinders wHI be caslin the field for each t.... Cylinders will
be cured Initially In the field for the first 24-hours In a water tank, or other storage container
suitable to maintain a ....8OII.bl. curing temperature. Cylinders will be picked up by a
representative of CTL the following dllY and returned to our laboratory for curing and
testing. A report, reviewed and .Igned by. llceneed professional engineer, summarizing
the re.ults of our testa will bemalledtotheCllentfollowlngstrengtht.stlng at 7 and 28-
claytl.
CIty at CoppeII
CTL SERVICE AGREEMENT NO. DA 08-0088
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Service Agreement Page 5 of 9
Exhibit A
~ CTLITHOMPSON
1j
~
VI.
MMOIVV Teetlna: A representative of CTL will be available on a 2!!1-II~b88ls to perform
m880nry teatlng _ requeated. We will rely on the Client or Contractor to notify us at 18881
24-hours In advance of when aervlcea are needed, mortar cubea, grout co.... and prisms.
Six (6) cubea will be c. In the field for each test and will be stored on the site for the
required field curing time. Sampl. will be picked up by a rep.....ntatlve of CTL the
following day and returned to our labonltory for curing and teatlng. A report, reviewed and
signed by . llcenaed pro....lonal engineer, summarizing the reaults of our tests will be
mailed to the Client following strength teetlng at 7 and 28-days.
Visual Weld Obaervatlon: A rep.....ntatlve of CTL will be available on a part-time baals for
VI.ual Weld obaervatlon. cn will vlaually observe and test bolted and welded connections
and mel81 decking for compliance with project drawings and .peclflcatlons. A list of
outstanding discrepancies will be malntllned at the project site. A report .ummarlzlng the
....ult. of our Inspections will be mailed to the Client following each day'svl.lt.
Verification of Water P.....ure Inlectlon of Bulldlna Pad8 IAlternate): Upon completion of
water p....ure Injection of each building pad, three .011 borings will be taken, soil sampl..
will be tested for moisture content and ..ell poIentlal and a report submitted Indicating If
the Injected pad will meet requirements Indicated In the geotechnical report. Three copies of
the report will be mailed to the client.
Service Agreement Page 6 of 9
CIty of CoppeII
CTL SERVICE AGREEMENT NO. DA 08-0086
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Exhibit B - Fee Estimate
~ CTLITHOMPSON
TABLE I
CONSTRUCnON MATERIALS TESnNG & OBSERV AnON SERVICES
ROLLING OAKS MEMORIAL CENTER
FREEPORT PARKWAY
COPPEll, TEXAS
I. COMPAcnON TESnNG
. Assume 37 tripe. 3 hours per trip. for proctor pickup. obeervlltlon and testing
of site grading, moisture conditioning under building pads.
utility trench backfill. paving/parking aubgrade preparation.
and mlscellaneoua compaction testing.
. Assume 183 compaction teats required.
Engineering Technician - 37 trips x 3 hntltrlp x $381hr
Nuclear DensIty Tests - 183 t.... x $12Jtest
StandMI Proctor - 5 t.... x $1501teat
Atterberg Limits - 5 t.... x $5Qftest
Minus No. 200 Sieve - 5 teeta x $3Meat
Lime Stabilization SerIea. 1 teat x $45OJIeat
Vehicle - 37 tripe x $2OItrlp
Report RevIew - 37 reports x $35Ireport
SUBTOTAL
$ 4,218
1.958
750
250
150
450
740
:LDI
$ 9.809 J
II. DRillED PIER OBSERVAnON
. Auume 8 days. for approxlmlltely 88 drilled and under....med pi.....
EngIneerIng Technician - 8 days x 10 hralday x $501hr
Vehicle - e trips x $2OIday
Report RevIew - 8 days x $35fday
SUBTOTAL
$3.000
120
210
$ 3,330 ~
In. REINFORCING STEEL OBSERV AnON
. Atlaume 13 tripe for reinforcing steel observation.
Engineering Technic'" - 13 tripe x 3 hraltrlp x $48Ihr
V..... - 13 tripe x $2MrIp
Report nm.w - 13 reports x $3&Ireport
SUBTOTAL
$ 1.872
280
$2:1
City of CoppeII
CTL SERVICE AGREEMENT NO. DA 08-0066
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Service Agreement Page 7 of 9
Exhibit B - Fee Estimate
if CTLITHOMP80N
IV. CONCRETE TESTING
. Assume one test required for each 100 cubic yards placed each day.
· Assume technician observing drilled pi.... will take 8 concrete test. for pier concrete
· Assume five cylinders to be cast for each test.
. Cylinder Pick-up to be charged for special trips only.
. Review concrete mix de8lgn
Materials Technician - 18 trips x 2.5 hl'llltrlp x $361hr
Review concrete mix "Ign - 2 .. x $751ra
Cylinder Pick-up - 10 hrs x $38Ihr
Concrete Cyllnd.... - 24.... x 5 cyllnderalMt x $l51cyllnder
Report Review - 24 tesI8 x $2Me8t
Vehicle - 18 trips x $2Mrlp
SUBTOTAL
$ 1,620
150
360
1,800
480
$ 4-: .J
V. MASONRY TESTING
. Assume 1 mortar, grout, and prism test per trip
· Assume Special Inspection not required.
Material. Technician - 3 trips x 3 hnIItrlp x $38Ihr
Sample Pick-up - 3 tripe x 1.5 tnltrlp x $ $3IIhr
Mortar Cubes - 3 tests x 8 cubeelteat x $l51oube
Grout Coree - 3 tests x 4 conNlltest x $5OIcore
Vehicle - 3 trips x $2Mrlp
Report Review - 3 teats x $2M_
SUBTOTAL
$ 324
182
270
600
60
60
$ 1,478 /
VI. STRUCTURAL STEEL OBSERVATION
. Aaume 4 site visits for vlsu" obeervatlon of field connections.
CWI- 4 trips x 4 hnltrlp x $&Mar
Vehicle - 4 tripe x $2Mrlp
Report RevIew - 4 reports x $35Ireport
$ 980
80
..HI
SUBTOTAL
$ 1,180
City or COppeII
en SERVICE AGREEMENT NO. DA 08-0068
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ServIce Agreement Page 8 of 9
Exhibit B - Fee Estimate
7 CTLlTHOMP80N
VII. VEAlFlCA1l0N OF WATER PRESSURE INJECTION (AI. TERNATE)
. Assume 1 trip per building (2 buildings)
Confirmation Borings, Labonltory Testing,
Englrwerlng Analysis and Report - 2 trips x a,OOOftrlp
SUBTOTAL
TOTAL ESllMATED FEE
S 4.000
$ 4,000 J
$ 27,152
Note: Technician rates will be Inc....... by $15 per hour for work performed on Saturdays, Sundays,
Holidays, work echeduled between the hours of 8:00 pm and 7:00 am during nonnal bual.... hours,
and for those hours exceeding 40 hours per week for an Individual. Verification of water pressure
Injection Is per trip, where additional Injections are required to comply with project requirements, an
additional verification trip charge will apply. Water pressure Injection of the building pads will delete
the requirement to undercut and moisture condition the pads resulting In a reduction In Item 1 of
approximately $1,300.
City d CoppeII
CTl SERVICE AGREEMENT NO. DA 08-0068
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ServIce Agreement Page 9 of 9