RES 1997-1200 - Agmt with Great Plains Testing Laboratories Inc for asphalt materials testing and inspectionr AosX-Me
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o.p- 7 May 6, 1 9 9 7 (402)444-5220
�Oo -kry Telefax(402)444-5248
�4?toFEB03 CITY Y CLI:.RK
C;i ,f i A. , ;j��: i< Don W.Elliott,P.E.
City of Omaha Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution authorizing the Mayor to sign and the City Clerk to attest on
behalf of the City of Omaha, the attached Agreement for asphalt materials testing and inspection
between the City of Omaha and Great Plains Testing Laboratories, Inc.
This Agreement is executed to provide the asphalt testing and inspection services necessary for the
City's Street Resurfacing Program for the period June 1, 1997,through May 31, 1998. Great Plains
Testing Laboratories,Inc.,will perform all materials testing to assure compliance with specifications
and provide plant inspections during the resurfacing operations on behalf of the Public Works
Department.
Great Plains Testing Laboratories, Inc., was selected by the Architects and Engineers Review and
Selection Committee to perform these services. Great Plains Testing Laboratories,Inc.,has to agree
to perform the services required for the fees and rates for services as detailed in the Agreement. The
estimated cost of services to be provided is $150,000.00; this cost has been budgeted in and shall be
paid from the Major Street Resurfacing Organization 1440, Fund 102, chargeable to the specific
resurfacing projects let to bid during the period.
The Contractor has on file a current Annual Contract Compliance Report Form(CC-1). As is City
policy, the Human Relations Director will review the Contractor to ensure compliance with the
Contract Compliance Ordinance.
The Public Works Department requests your consideration and recommends your approval of this
Resolution and Agreement.
espectfully rm. Referre to City C uncil for Consideration:
4E/' 7/.17 V/zieg
Don W. Elliott, P.E. Date Mayor's Office/Titl Date
Director
Approved as to Funding: A prgved: --/
1647
Date eor e DI vis Jr. Date
ours A. D rcole g
Acting Finance Director Acting man Relations Director
P:\PW1\4834.SAP V
1
ASPHALT MATERIAL TESTING AND INSPECTION AGREEMENT
CITY OF OMAHA,NEBRASKA
THIS AGREEMENT,made and entered into by and between the firm of GREAT PLAINS
TESTING LABORATORIES INC. as Testing Laboratory, hereinafter referred to as the
"LABORATORY"; party of the First Part; and, the CITY OF OMAHA; Omaha/Douglas Civic Center,
Omaha,Nebraska,hereinafter referred to as the "CITY",party of the Second Part.
WITNESSETH THAT:
THAT, the CITY desires to engage the LABORATORY to render inspections, professional
and testing services and such other services hereinafter set forth for the CITY; and,
WHEREAS,the accomplishment of the hereinafter described work and services is authorized
by law; and,
WHEREAS,the CITY does not have sufficient equipment and personnel available to perform
inspections, professional and testing services as hereinafter set forth and desires in lieu thereof to
employ the services of the LABORATORY for such purposes.
NOW,THEREFORE,in consideration of these facts,the parties hereto do mutually agree as
follows:
SECTION I. The scope of the services to be provided under this Contract shall include, but not
necessarily be limited to the following:
1. The LABORATORY shall perform the testing and other services as set forth in Exhibit "A",
Exhibit "B", Exhibit "C", and Exhibit "D" attached hereto, which by reference is made a part
of hereof,when so directed by the City of Omaha,Public Works Department.
2. The LABORATORY shall furnish the CITY two (2) copies of all test reports. These reports
will show the project number, project location and test location within the project. These
reports are to be submitted on the earliest possible date after any tests are made. If test results
do not meet minimums required, LABORATORY will notify CITY immediately. All reports
shall be submitted on a form acceptable to the CITY.
3. All of the reports,information, data, etc.,prepared or assembled by the LABORATORY under
this Contract are confidential and the LABORATORY agrees that they shall not be made
available to any individual or organization without prior,written approval of the CITY.
4. The LABORATORY shall have in his employ a Registered Professional Engineer(s) in
responsible charge of the service provided under this Agreement.
5. All services herein provided shall be performed to the satisfaction of the CITY.
SECTION II. The LABORATORY shall provide the services as set forth herein during the period
from June 1, 1997 to May 31, 1998 when and as directed by the CITY.
SECTION III. The CITY agrees, upon the proper signing of this Agreement, to pay, and the
LABORATORY agrees to accept, in full consideration for the performance of the LABORATORY
obligations hereunder the rates and compensation specified in Exhibit "A" and Exhibit "B" attached
hereto, which by reference is made a part hereof. These fees shall constitute full payment for all
services performed directly or indirectly by the LABORATORY under this Agreement, all expenses
incurred by it, and all expenditures made by it, except as otherwise expressly provided herein.
Payment will be made by the CITY upon receipt of certified monthly invoices. All payroll and
substantiating records shall be made available by the LABORATORY for audit by the CITY upon
request.
SECTION IV. The parties hereto also mutually agree as follows:
1. All plans, specifications, design computations, original notes, sketches, charts and other data
prepared or obtained under the terms of this Agreement shall be delivered to and shall become
the property of the CITwithout restriction or limitation as to its further use.
2. Major changes in the work which may become necessary or desirable as the work progresses
may be cause for increasing or decreasing the fee specified herein. In that case, an equitable
adjustment will be made, and the contract amounts and time for performance modified in
writing accordingly, and approved by the CITY prior to beginning work covered by such
modification.
3. Any dispute concerning a question of fact in connection with the work,not disposed of by this
Agreement, shall be referred for determination to the Public Works Director or his duly
authorized representative, representing the City of Omaha, whose decision in the matter shall
be final and conclusive on the parties to the Contract provided, however, that the parties may
pursue any lawful remedy.
4. Before final payment is made by the CITY to the LABORATORY of the final three percent
(3%) due hereunder, the LABORATORY shall furnish the CITY a written clearance from the
Commissioner of Labor of the State of Nebraska certifying that all payments due of
contributions or interest which may have arisen under this Contract have been paid by the
LABORATORY, or its subcontractor, to the Unemployment Compensation Fund of the State
of Nebraska.
5. The CITY reserves the right to terminate the Contract for any cause, in which event,
compensation shall be made to the LABORATORY in conformity with the schedule of the
component items of the total fee as set forth in Exhibit "A" and Exhibit "B" or based upon a
percentage of completion of the work. The ownership of the work completed or partially
completed at the time of such termination or abandonment shall be retained by the CITY.
•
6. The LABORATORY warrants that the has not employed or retained any company, or person
other than a bona fide employee working solely for the LABORATORY, to solicit or secure
this Contract, and that he has not paid or agreed to pay any company or person, other than
bona find employees working solely for the LABORATORY, any fee, commission,percentage,
brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or
making of this Contract. For breach or violation of this warranty,the CITY shall have the right
to annul this Contract without liability.
7. The LABORATORY agrees to and shall save harmless the CITY, its officers, employees and
agents from all claims and liability of whatsoever kind or character due to or arising out of the
acts and conduct of the LABORATORY its officers, agents, employees, subcontractors and
others acting for or under the direction of the LABORATORY doing the work herein
contracted for (does not extend to independent contractors and their employees), or by or in
consequence of any negligence in the performance of this Contract, and also from all claims of
damage for infringement of any patent in fulfilling this Contract. The LABORATORY will
procure and maintain adequate, professional liability, public liability and property damage
insurance to so protect the City of Omaha, its officers, employees, and agents and will, upon
request of the CITY, furnish proof of compliance with this requirement.
8. The LABORATORY hereby agrees to comply with all federal, state and local laws, rules and
ordinances applicable to the work and to this Contract.
9. This instrument contains the entire Agreement of the parties, and shall be binding upon the
successors and assigns of the respective parties. No Amendment, deletions, or additions shall
be made to this Agreement except in writing.
10. Subletting of this Contract or any part thereof, any assignment, or transfer of all or part of any
interest or right of either party thereunder is hereby prohibited, unless prior, written consent of
the other party is obtained herefor.
11. It is hereby mutually agreed that the CITY shall have responsible supervision of all services
included herein, but no employee of the LABORATORY or of persons working under such
employee's direction is, or shall be deemed to be, an employee of the CITY. The
LABORATORY shall at all times have or cause to have in force Workmen's Compensation
Insurance covering all its employees and those of anyone under its direction and control.
Certificate of such insurance shall be filed with the Public Works Department of the City of
Omaha before beginning work.
12. The LABORATORY covenants that he presently has no interest and shall not acquire any
interest, direct or indirect, in the work to be tested or inspected or any part thereof or any other
interests which would conflict in any manner or degree with the performance of his services
hereunder. The LABORATORY further covenants that in the performance of this Contract,no
person having any such interest shall be employed.
13. The LABORATORY agrees to pay all persons, fire is, or corporations having contracts directly
with the LABORATORY or with subcontractors of LABORATORY, all just claims due them
for the payment of all laborers and mechanics for labor that shall be performed or for the
payment of material and equipment rental which is actually used or rented in the performance of
this Contract.
14. Pursuant to Section 8.05 of the Home Rule Charter of the CITY OF OMAHA, no elected
official or any officer or employee of the CITY shall have a financial interest, direct or indirect,
in any CITY contract. A violation of that section with the knowledge of the LABORATORY,in
addition to constituting employee malfeasance, shall be cause for the CITY to unilaterally
terminate or void this Agreement.
15. The LABORATORY shall comply and shall cause to be complied with L.B. 126, 73rd Session
of the Legislature of Nebraska(1963) and shall furnish certified statement to be attached to the
Contract that all equipment to be used on the project, except that acquired since the assessment
date has been assessed for taxation for the current year, giving the County where assessed.
During the performance under this Contract, such additional statements shall be furnished by
the LABORATORY as may be required by the CITY or its authorized agent.
16. a. The LABORATORY hereto acknowledge that, as of the date of the execution of this
apjeement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment
to contracts or purchases which taken alone increases the original bid price as awarded (a) by
ten percent,if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or
(b)by seventy-five thousand dollars($75,000)or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits or the authorization of any
additional work in excess of such limits. However, neither contract nor purchase amendments
will be split to avoid advance approval of the City Council.
b. The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City Council.
The provisions of this Section will be quoted in all future City contracts.Nothing in this Section
is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve
immediate purchases.
IN WITNESS WHEREOF the parties hereto have caused those presents to be executed by the proper
officials duly authorized as of the dates below indicated_
/ 0
EXECU BY ABO TORY' IS / O day of 4/?! 1997
77-e 5/C4474
TITLE
�,� �} .°,files Eiir!i:%•.:rf*`�
LY
NOT UBLIC
EXECUTED BY THE CITY THIS G day of /1/ 1997
AT FEST: CITY O OMAHA:
CI Y CLERK MAYOR
COMMENDED: APPROVED AS TO FORM:
7a(26A-
PUBLIC WORKS DIRECTOR 'EY
•
EXHIBIT "A" - ASPHALT TESTING
GENERAL - All testing shall be performed under the most current appropriate American
Society for Testing and Materials (ASTM) or American Association of State Highway and
Transportation Officials (AASHTO) designation unless otherwise specified, and the
specification requirement shall be noted on each respective testing report.
1. ASPHALTIC MATERIALS
1.1 AsphaItic Cement(ASTM D946,D3381 as applicable)
1.1.1 Penetration(ASTM D5) $ 25.00 ea.
1.1.2 Kinematic Viscosity(ASTM D2170) $ 50.00 ea.
1.1.3 Absolute Viscosity(ASTM D2171) $ 50.00 ea.
1.1.4 Flash Point(ASTM D92) $ 50.00 ea.
1.1.5 Ductility(ASTM D113) $ 50.00 ea.
1.1.6 Thin Film, Loss on Heating(ASTM D1754) $ 30.00 ea.
1.1.7 Thin Film; Viscosity Ratio(ASTM D1754,
D2171 as applicable) S 50.00 ea.
1.1.8 Solubility in Trichloroethylene(ASTM D2042) $ 40.00 ea.
1.1.9 Specific Gravity(ASTM D70) $ 40.00 ea.
1.1.10 Softening Point (ASTM D36) $ 50.00 ea.
1.1.11 Elastic Recovery(ASTM D 113) - $ 60.00 ea.
1.2 Performance Graded Asphalt Cement(AASHTO MN)
1.2.1 Solubility(AASHTO T44) $ 75.00 ea.
1.2.2 Flash Point(AASHTO T48) $ 75.00 ea.
1.2.3 Brookfield Viscosity(ASTM D4402) $ 80.00 ea.
1.2.4 Dynamic Shear(AASHTO TP5) $145.00 ea.
1.2.5 Thin Film, Mass Loss (AASHTO T240) $ 85.00 ea.
1.2.6 Thin Film,Dynamic Shear(AASHTO TP5) $145.00 ea.
1.2.7 Accelerated Aging-PAV(AASHTO PP1) $230.00 ea.
1.2.8 Accelerated Aging, Creep Stiffness(AASHTO TP 1) $290.00 ea.
1.2.9 Direct Tension(AASHTO TP3) $290.00 ea.
1.2.10 Residue of Specified Penetration(ASTM D243) $126.50 ea.
1.2.11 Superpave Binder Grade Verification $800.00 ea.
1.2.12 Superpave Binder Grade Determination $1035.00 ea.
Exhibit A-1
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1.3 Emulsified Asphalt (ASTM D977,D2397 as applicable)
1.3.1 Composition(ASTM D244)
Water Content $ 25.00 ea.
Residue by Distillation S 50.00 ea.
Particle Charge S 25.00 ea.
1.3.2 Consistency(ASTM D244)
Saybolt Furol Viscosity @ 77°F $ 50.00 ea.
Saybolt Furol Viscosity @ 122°F $ 50.00 ea.
1.3.3 Stability(ASTM D244)
Distillation $ 50.00 ea.
Demulsibility $ 50.00 ea.
Settlement, 5 Day $ 60.00 ea.
Cement Mixing $ 50.00 ea.
Sieve Test $ 50.00 ea.
Coating Test $ 50.00 ea.
Miscibility with Water S 30.00 ea.
Coating Ability and Water Resistance $ 30.00 ea.
Storage Stability $ 50.00 ea.
1.3.4 Examination of Residue(ASTM D244)
Obtain Residue S 50.00 ea.
Specific Gravity $ 25.00 ea.
Solubility $ 25.00 ea.
Penetration $ 25.00 ea.
Ductility $ 30.00 ea.
2. ASPHALTIC CONCRETE
2.1 Extraction (ASTM D2172,Method "A",or AASHTO
Ignition Method 1)and Gradation (AASHTO T30) $100.00 ea.
2.2 Marshall Stability and Unit Weight(ASTM D1559) $100.00 ea.
2.3 Unit Weight of Field Samples (ASTM D2726) $ 8.00 ea.
2.4 Measuring Cores for Thickness (ASTM C3549) $ 7.00 ea.
Exhibit A-2
weight
Sample for in-place unit weight
2.5.1 Cores *$ 30.00 ea.
2.5.2 Trip Charge $ 35.00 /trip
2.5.3 Flagman for traffic control when approved
by Project Manager $ 35.00 /hr.
*Price for sampling shall include filling the test holes with like material.
2.6 In-place Density by Nuclear Method(ASTM D2950) $ 42.00 /hr.
2.6.1 Trip Charge $ 35.00 /trip
2.7 Asphaltic Concrete Mix Design by Marshall Method(ASTM D1559)
2.7.1 Calculating mix proportions shall include molding and
testing a minimum of five different asphalt content
blended with the specified aggregate gradation, and
preparation of written report recommending
job-mix formula $ 800.00 ea.
2.8 Voidless Density(ASTM D2041) $ 40.00 ea.
2.9 Tensile Strength Ratio(ASTM D4867) $ 200.00 ea.
3. SURFACE TREATMENTS
3.1 Mix Design for Bituminous Surface Treatments(ASTM D1369)
3.1.1 Calculating mix proportions shall include aggregate
unit weight determination and bulk specific gravity,
preparation of written report, recommending type
and grade of asphalt,job-mix formula, and
application rates of asphalt and aggregate $100.00 ea.
4. AGGREGATE
4.1 Absorption and Specific Gravity
(ASTM C127 or C128 as applicable) $ 50.00 ea.
4.2 Sieve Analysis(AASPITO T27 and T11) $ 45.00 ea.
4.3 Grain-Size(ASTM D422) $ 45.00 ea.
4.4 Soundness,Na2SO4,5 Cycles (ASTM C88)
4.4.1 Coarse Aggregate $150.00 ea.
4.4.2 Fine Aggregate $150.00 ea.
4.4.3 Ledge Rock $ 25.00 ea.
Exhibit A-3
4.5 Freeze-Thaw(AASHTO T103)
4.5.1 Water, 50 Cycles(Procedure "A") $180.00 ea.
4.5.2 Water,25 Cycles(Procedure "C") $130.00 ea.
4.5.3 Alcohol/Water, 16 Cycles(Procedure "B") $130.00 ea.
4.6 Organic Impurities(ASTM C40) $ 30.00 ea.
4.7 Surface Moisture(ASTM C70) S 10.00 ea.
4.8 Abrasion (ASTM C131) $125.00 ea.
4.9 Crushing Ledge Rock(AASHTO T103) $ 50.00 ea.
4.10 Deleterious Materials(ASTM C142) $ 45.00 ea.
4.11 Lightweight Pieces(ASTM C123) $ 75.00 ea.
4.12 Clay Content(AASHTO T176) $ 45.00 ea.
4.13 Flat and Elongated Particles(ASTM D4791) $ 45.00 ea.
4.14 Fine Aggregate Angularity(AASHTO TP33) $ 45.00 ea.
4.15 Coarse Aggregate Angularity(NDOR T586) $ 40.00 ea.
5. PROFESSIONAL SERVICES
5.1 When required, furnish Asphalt Qualified Professional
as Consultant concerning specifications,design,
procedures,and other matters not specifically
included herein.
5.1.1 Professional Engineer $ 85.00 /hr.
5.1.2 Certified(Level III-Asphalt)Technician $ 50.00 /hr.
5.1.3 Trip Charge $ 35.00 /trip
5.2 The LABORATORY shall,with the written approval of the CITY,employ the
services of an acceptable Materials Testing Agency as a SUBCONTRACTOR, to
perform the Performance Graded Asphaltic Binder Tests as listed in Section 1.2 of
this exhibit. The LABORATORY shall randomly sample the binder when
directed by the Engineer,deliver the sample to the SUBCONTRACTOR, review
and evaluate the test results,and report the results to the CITY. All expenses,
incurred by the LABORATORY,to have this material tested shall not be paid for
directly but shall be considered incidental to the rates as specified in Section 1.2.
Exhibit A-4
EXHIBIT "B" - ASPHALT PLANT INSPECTION
GENERAL - The LABORATORY shall provide the services as outlined in this Exhibit at
various plant locations as designated by the City of Omaha. Said services shall be performed by
the LABORATORY with the written approval of the CITY acting through its Public Works
Department. A Project Manager, designated by the City Engineer or his representative, shall
coordinate the services to be provided by the LABORATORY. The LABORATORY shall meet
the requirements of ASTM D 3666 which requires that the LABORATORY be accredited by a
nationally recognized laboratory accreditation organization. These services shall include, but not
be limited to, plant and equipment inspection, and material quality assurance.
1. PERSONNEL, TRANSPORTATION, AND EQUIPMENT
1.1 The LABORATORY shall provide an inspection team for each plant location.
The minimum personnel required per inspection team shall include: One Asphalt
Plant Inspector (Certified Level II - Asphalt) and one Plant Aid (Certified Level I
- Asphalt). The LABORATORY shall provide the Public Works Department
with an outline of their in-house training and certification program, conforming to
the minimum qualification as outlined in Exhibit "C" of this Agreement.
Personnel changes shall only be made with the prior approval of the Project
Manager.
1.2 The LABORATORY shall provide adequate transportation to convey personnel,
equipment, and supplies to and from the assigned plant location.
1.3 The LABORATORY shall provide each plant location with all equipment
necessary to perform the tests as specified in Section 5 of this Exhibit, and all
required supplies (i.e. chemicals, filters, etc.)to perform these tests.
2. FIELD LABORATORY
2.1 The LABORATORY shall have available for its exclusive use and control, a
suitable field laboratory facility. This facility, located at the plant site and of
sufficient size and type to permit the performance of the tests as specified herein,
shall be provided for the LABORATORY by the Contractor. All utility costs (i.e.
water, power, fuel, etc.) resulting from the operation of this facility shall be paid
by the Contractor.
3. PROCEDURE
3.1 The LABORATORY shall review the contract documents for adequacy of
required materials data. All inquiries regarding this data shall be directed to the
Public Works Department Construction Engineer for clarification.
3.2 The LABORATORY shall attend the pre-construction conference and other
scheduled conferences as directed by the Project Manager.
Exhibit B-1
3.3 The LABORATORY shall immediately report to the Project Manager all
variations beyond the specified allowable tolerances encountered during the
asphaltic concrete production. Changes in job-mix design shall not be made
without written authorization from the Project Manager.
3.4 The LABORATORY shall inspect, for contract compliance, all production and
hauling equipment within ten (10) days after receipt of this "Notice to Proceed."
Inspection for contract compliance shall include (1) plant design and calibration,
(2) review of material certification certificates, and (3) inspection of paver, haul
trucks, distributor, rollers, and hand tools.
4. METHODS
4.1 The Plant Inspectors shall review with the Project Manager at the beginning of
each work day the daily plant and test reports of the previous production day.
Plant Inspectors shall also report during the day as necessary to coordinate
activities on the project and the plant.
4.2 A copy of the daily inspection worksheets shall be available at the field laboratory
facility for the review of the Project Manager. These worksheets shall summarize
the results of all tests performed during the previous production day and shall
include the following general information: (1) date, (2) project number and
location, (3) name and classification of testing personnel, (4) reporting and
departure time (hours worked at the plant), (5) temperature and general weather
condition. Inspection team hours shall be verified daily by the Project Manager or
his authorized representative.
4.3 Unless otherwise directed by the Project Manager, Asphalt Plant Inspection shall
include the following:
4.3.1 Haul Equipment Inspection
* Verify tare weights (full fuel, less operator) every truck, minimum weekly
report to Project Manager.
* Inspection of dump boxes. (Have acceptable covers, free from cracks,
holes, or dents.)
* Inspect carrier for leaks (oil, fuel, hydraulic fluids, etc.).
* Inspect and approve method of cleaning dump boxes.
* Assure accuracy of weight tickets, sign first ticket and initial tickets
throughout the day, minimum hourly, sign last load of the day.
* Check material temperature while loading. Write temperature on ticket to
be given to field inspector, minimum hourly.
Exhibit B-2
1
4.3.2 Scale Inspection
* Has current State of Nebraska Department of Agriculture approval.
* Scale in accordance with contract specifications.
* Platform kept clean and free of debris.
4.3.3 Plant Inspection
* Calibrate all scales and gates and check daily.
* Inspect material handling equipment.
* Monitor material proportioning, drying, feeding, and mixing.
4.3.4 Material Inspection
* Inspect raw materials
* Inspect end product
* Maintain material certification file following construction, submit file to
Project Engineer.
* Perform material tests (frequency as stated in Section 5).
* Record and maintain representative samples of asphaltic cement.
5. FREQUENCY OF SAMPLING AND TESTING
5.1 Asphaltic Cement (ASTM D946 or ASTM D3381) - Every 2,500 tons of
production.
5.1.1 Viscosity (ASTM D2171) or Penetration (ASTM D5) - Every 500 tons of
production.
5.2 Cut back Asphalt(AASHTO M81,M82,M141, as applicable) every 10,000
gallons.
5.3 Asphaltic Emulsions (AASHTO M140, M208, as applicable) every 10,000
gallons.
5.4 Asphaltic Concrete
5.4.1 Extraction (ASTM D2171, Method "A") and Gradation (AASHTO T30)
every 500 tons of production or a minimum of one (1)per four(4)hours.
5.4.2 Marshall Stability and Unit Weight (ASTM D1559) set every 500 tons of
production or a minimum of one (1)per four(4) hours.
Exhibit B-3
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5.4.3 Hot Bin Sieve Analysis (AASHTO T27 and T11) every 500 tons of
production.
5.4.4 Aggregate Stockpile Sieve Analysis (AASHTO T27 and T11) one each
day.
5.4.5 Moisture in Aggregate (ASTM C127 or C128 as applicable) one each day.
5.4.6 Unit Weight of Field Sample (ASTM D2726) every 500 tons of
production.
NOTE: Tests specified in 5.4.1, 5.4.2, 5.4.3, 5.4.4, and 5.4.5 of this Subsection shall
be performed at the field laboratory facility.
6. BASIS OF PAYMENT
6.1 Services provided under this Exhibit shall be compensated for at the rate of
$72.00 per inspection team hour. Minimum of two (2) team hours per day. If the
team is required to work overtime (beyond eight (8) hours in a given day), the rate
will be $82.00 per inspection team overtime hour. These rates to include all
transportation, equipment, and supplies necessary to perform the services herein.
Team hours computed for payment will be the number of hours between sign-in
of the initial load weighed and the sign-out of the final load delivered to the
project. (See Section 4.3.1(e) above.)
6.2 The attendance at scheduled project conferences (i.e., preconstruction conference,
etc.) and related professional services shall be compensated for at the unit rates as
specified in Subsection 5.1 of Exhibit "A" of this Agreement.
6.3 The plant and equipment inspection, materials sampling, and performance of
testing in the field laboratory as specified here shall not be compensated for
directly but shall be considered incidental to the rate as specified in Subsection
6.1 of this Exhibit.
6.4 The performance of tests not performed in the field laboratory as specified in
Section 5 of this Exhibit shall be compensated for at the unit rates as specified in
Exhibit "A" of this Agreement.
Exhibit B-4
EXHIBIT "C" - QUALIFICATION OF INSPECTION AND TESTING
PERSONNEL
1. INTRODUCTION
1.1 Scope - This standard was derived from the American National Standard (ANSI)
N45.2.6-1973 as preferred and recognized to be the most complete by the American
Society for Quality Control (ASQC).
This standard delineates the qualifications of personnel who perform inspection and
testing activities.
The requirements of this standard apply to personnel who perform inspections or tests;
or who participate in the approval of procedures, the handling of data or test results, or
the control of reports and records.
1.2 Applicability - The requirements apply to the personnel of any organization that
participates in construction including personnel of the owner; architect-engineers; or
outside testing agencies and consultants. The extent to which the individual
requirements of this standard apply will depend upon the nature and scope of the work
to be performed and the importance of the item or service involved.
The requirements are to be applied in both the selection and the utilization of those
personnel who perform inspection and testing activities that are intended to achieve and
assure quality construction or to verify conformance to quality requirements.
1.3 Responsibility - It is the responsibility of each organization to assure that only those
personnel within their respective organization who meet the requirements of this
standard are permitted to perform inspection and testing activities that result in or
assure the attainment of quality.
The organization or organizations responsible for establishing the applicable
requirements for individuals performing activities covered by this standard shall be
identified and the scope of their responsibility shall be documented. The work of
establishing selection and training practices and certification procedures and providing
the resources in terms of personnel, equipment, and services necessary to implement the
requirements of this standard may be delegated to other organizations and such
delegations shall also be documented. It is the responsibility of each organization using
personnel covered by this standard to comply with the specifications issued for the
project and to conform to the requirements of this standard applicable to his work.
It is the responsibility of the organization performing these activities to specify the
detailed methods and procedures unless they are specified in the contract documents.
Exhibit C-1
•
1.4 Definitions - The following definitions are provided to assure a uniform understanding
of selected terms as they are used in this standard.
1.4.1 CERTIFICATION (Personnel) - The action of determining, verifying, or testing
in writing to the qualifications of personnel.
1.4.2 INSPECTION - A phase of quality control which by means of examination,
observation, or measurement determines the conformance of materials, supplies,
components, parts, appurtenances, systems, processes, or structures to
predetermined quality requirements.
1.4.3 QUALIFICATIONS - The characteristics or abilities gained through training or
experience, or both,that enable an individual to perform a required function.
1.4.4 QUALITY ASSURANCE - All those planned and systematic actions necessary
to provide adequate confidence that an item or a facility will perform
satisfactorily in service.
1.4.5 QUALITY CONTROL - Those quality assurance actions which provide a
means of control and measure the characteristics of an item, process, or facility
to established requirements.
1.4.6 TESTING - The determination or verification of the capability of an item to
meet specified requirements by subjecting the item to a set of physical,
chemical, environmental, or operating conditions.
1.4.7 Other terms and their definitions are contained in ANSI N45.2.10, Quality
Assurance Terms and Definitions.
2. GENERAL REQUIREMENTS
2.1 Certification - Each person who verifies conformance of work activities to quality
requirements shall be certified by his employer as being qualified to perform his
assigned work. This certification shall be supported by appropriate measures such as
education or training, testing, evaluation, and periodic review to assure the initial and
continued proficiency of each person. The effective period of certification shall be
established and at the end of the effective period of certification, each individual shall
be recertified in accordance with the requirements of this standard.
2.1.1 TRAINING - Training programs shall include indoctrination of personnel with
the technical objectives of the project; the codes and standards that are to be
used; and the quality assurance elements that are to be employed, with guidance
regarding their limitations and capabilities. On-the-job participation shall also
be included in the program, with emphasis on firsthand experience gained
through actual performance of processes, tests, examinations, and inspections.
Exhibit C-2
2.1.2 TESTING. In accordance with the requirements of the in-house training and
certification program, tests shall be devised for determining the capability and
proficiency of personnel who perform inspection and testing activities and each
person who performs these activities shall be tested to demonstrate his
capability. The results of these tests shall be documented and placed in the
personnel file (see paragraph 5) and shall be considered in the evaluation
described in paragraph 2.1.3.
2.1.3 EVALUATION OF PERFORMANCE. The job performance of inspection and
testing personnel shall be evaluated initially and at periodic intervals not to
exceed two years, and the results of each evaluation shall be reviewed to
determine the capability of the individual. If it is determined that the
capabilities of an individual are not in accordance with the qualifications
specified for the job, that person shall be removed from operations until such
time as he has been trained in the needed skill and has been recertified as being
qualified to perform the work.
2.1.4 CERTIFICATE OF QUALIFICATIONS. The qualifications of personnel shall
be documented in an appropriate form. The certificate shall include the
following information:
Employer's name
Person being certified
Activity qualified to perform
Level of capability
Effective period of certification
Signature of Employer's Designated Representative
Basis used for certification
3. QUALIFICATIONS
The requirements contained within this Section are intended to define the minimum capabilities
that qualify personnel to perform quality assurance functions that are within the scope of this
standard.
The qualifications have been defined in terms of three levels of capability. The categorization of
requirements that are defined are not intended to be limiting with regard to company position or
professional status, but are merely a method of defining functional activities.
3.1 Levels of Capability. Three levels of capability for persons who perform inspections
and tests, or who participate in the approval of procedures, the handling of data or test
results, or the control of reports and records are delineated below. The education and
experience requirements specified for the various levels should not be treated as
absolute when other factors provide reasonable assurance that a person can competently
perform a particular task. Another factor may be demonstrated capability in a given job
through previous performance of satisfactory completion of proficiency testing.
Exhibit C-3
A Level I person shall have experience or training in the performance of the inspections
and tests that he is required to perform. He shall be familiar with the tools and
equipment to be employed and shall have demonstrated proficiency in their use. He
shall be familiar with inspection and measuring equipment calibration and control
methods and shall be capable of verifying that the equipment is in proper condition for
use.
A Level II person shall have experience and training in the performance of required
inspections and tests and in the organization and evaluation of the results of the
inspections and tests. He shall be capable of supervising or maintaining surveillance
over the inspections and tests performed by others and of calibrating or establishing
validity of calibrations of inspections and measuring equipment. He shall have
demonstrated proficiency in planning and setting up tests and shall be capable of
determining the validity of test results.
A Level III person shall have broad experience and formal training in the performance
of inspections and tests and shall be educated through formal courses of study in the
principles and techniques of the inspections and tests that are to be performed. He shall
be capable of planning and supervising inspections and tests, reviewing and approving
procedures, and evaluating the adequacy of activities to accomplish objectives. He
shall be capable of organizing and reporting results and of certifying the validity of
results.
4. PERFORMANCE
Personnel who are assigned the responsibility and authority to perform project functions shall
have a minimum level of capability shown in Table 1, "Minimum Levels of Capability for
Project Functions." (It is not the intent of these requirements to restrict personnel with higher
levels of capability than those shown in the Table from performing activities for which they are
qualified. However, it is intended to restrict personnel with lower levels of capability than those
specified from performing activities for which they are unqualified.) When inspections and tests
are implemented by teams or groups of individuals, the one responsible must participate and
must meet the minimum qualifications indicated.
5. RECORDS
A file of records of personnel qualifications shall be established and maintained. This file shall
contain records of past performance, history, training, initial and periodic evaluations, and
certification of the qualifications of each person.
TABLE I
MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS
LEVEL
Project Function L-I L-II L-III
IA pprove inspection and test procedures
(Project Manager) X
Exhibit C-4
•
Implement inspection and test procedures
(Assistant Inspector) X
Evaluate and report inspection and test results
(Chief Inspector) X
Exhibit C-5
� s
EXHIBIT "D" - CITY OF OMAHA NONDISCRIMINATION PROVISIONS
During the performance of this contract, the LABORATORY agrees as follows:
1. The LABORATORY shall not discriminate against any employee or applicant for
employment because of race, religion,color, sex, or national origin. The LABORATORY
shall take affirmative action to insure that applicants are employed and that employees are
treated during employment, without regard to their race, religion, color, sex, or national
origin. As used herein, the word "treated" shall mean and include, without limitation, the
following: recruited (whether advertising or by other means); compensated; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred;
laid off; and terminated. The LABORATORY agrees to and shall post in conspicuous places
available to employees and applicants for employment, notices to be provided by the
LABORATORY setting forth the provisions of this nondiscrimination clause.
2. The LABORATORY shall in all solicitations or advertisements for employees placed by or
on behalf of the LABORATORY, state that all qualified applicants will receive consideration
for employment without regard to race, religion, color, sex, or national origin.
3. The LABORATORY shall send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice advising
the labor union or workers' representative of the LABORATORY'S commitments under the
Equal Opportunity Clause of the City of Omaha and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4. The LABORATORY shall furnish to the Contract Compliance Officer all Federal forms
containing the information and reports required by the Federal government for Federal
contracts under Federal rules and regulations, and including the information required by the
Contract Compliance Ordinance inclusive, and shall permit reasonable access to his records.
Records accessible to the Contract Compliance Officer shall be those which are related to
paragraphs 1 through 7 and only after reasonable notice is given the LABORATORY. The
purpose for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
5. The LABORATORY shall take such actions with respect to any subcontractor as the City
may direct as a means of enforcing the provisions of paragraphs 1 through 7 herein, including
penalties and sanctions for noncompliance, provided, however, that in the event the
LABORATORY becomes involved in or is threatened with litigation as the result of such
directions by the City, the City will enter into such litigation as is necessary to protect the
interests of the City and to effectuate the provisions of the Ordinance, and in the case of
contracts receiving Federal assistance, the LABORATORY or the City may request the
United States to enter into such litigations to protect the interests of the United States.
Exhibit D-1
A
6. The LABORATORY shall file and shall cause his subcontractors, if any, to file compliance
reports with the LABORATORY in the same form and to the same extent as required by the
Federal government for Federal contracts under Federal rules and regulations. Such
compliance reports shall be filed with the Contract Compliance Officer. Compliance reports
filed at such times as directed shall contain information as to the employment practices,
policies, programs, and statistics of the LABORATORY and his subcontractors.
7. The LABORATORY shall include the provisions of paragraphs 1 through 7 of this Section,
Equal Employment Opportunity Clause, and the Contract Compliance Ordinance in every
contract or purchase order so that such provisions will be binding upon each subcontractor or
vendor.
Exhibit D-2
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr May 6, . 19 97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
•
WHEREAS,the Public Works Department is developing the 1997 Street Resurfacing
Program; and,
WHEREAS,it is necessary to secure the services of an independent testing laboratory
for the asphalt materials and plant inspection services to insure compliance with standard •
specifications; and,
WHEREAS, Great Plains Testing Laboratories, Inc., has agreed to perform the
services necessary by the Architects and Engineers Review and Selection Committee;and,
WHEREAS, Great Plains Testing Laboratories, Inc., has agreed to perform the
services required for the fees detailed in the attached Agreement,which by this reference is made a
part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,the Mayor be and hereby is authorized to sign and the City Clerk is authorized
to attest on behalf of the City of Omaha,the Agreement for asphalt materials testing and inspection
between the City of Omaha and Great Plains Testing Laboratories, Inc., for the 1997 Street
Resurfacing Program.
BE IT FURTHER RESOLVED:
THAT,the Finance Department is authorized to pay the cost of the services provided,
estimated to be$150,000.00 from the Major Street Resurfacing Organization 1440,Fund 102.
P:\PW1\4835.SAP APPRO D AS TO ORM:
1- /-f7
ASSI CITY ATTORNEY DATE
By •
•
--
� '&12 - Councilmember
Adopted M.AY..- 1997
ity Clerk
Approved
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