ST9302-CN 981208 (2)AGENDA REQUEST FORM
ITEM CAPTION:
Consider aooroval of awarding a contract to Aloha Testing, Inc. for the necessary construction material testing for the
Sandy Lake Road Project # ST 93-02 in the estimated amount of $67,625.00; and authorizing the Mayor to sign.
SUBMITTED BY: Ken Griffin, P.E.
TITLE: Director of Engineering/Public Works
STAFF RECOMMENDS: APPROVAL
APPROVED
BY
CItY COUblCIL ·
DATE
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $
FINANCIAL COMMENTS:
Funds for this contract
AMT. EST. $
have been allocated
+/- BUD:$
the Street CIP Accounts.
DIIL INITIALS: V'~ FIN. REVIEW:~' CITY MANAGER REVIEW: ~
Document Name: #enf2
Agenda Request Form - Revised 3/98
ALPHA TESTING, INC.
2209 Wisconsin St., Suite 100
Dallas, Texas 75229
972/620-8911 - 972/263-4937 (Metro)
FAX: 972/406-8023
November 20, 1998
CITY OF COPPELL
P. O. Box 478
Coppell, Texas 75019-4409
Attention: Ken Griffin
Re: Construction Materials Testing ·
Services and Fees
SANDY LAKE RD. IMPROVEMNETS
#ST 93-02
Coppell, Texas
ALPHA Proposal No. 5524-34
We are pleased to submit the following proposal for performing
Construction Materials Testing on the project referenced above. In
this proposal, we are providing our estimate of the testing
anticipated based on our understanding of the project
characteristics available. Also, we are submitting our standard
fee schedule.
Thank you for the opportunity to submit this proposal. If this
proposal is satisfactory, would you please sign the white copy of
the enclosed proposal acceptance sheet and return it to us. We
will consider receipt of a signed copy of this proposal as our
official notice to proceed.
We look forward to working with you on this project. If there are
any questions, we are available to discuss them at your
convenience.
Respect fu~_~~bmi t t ed, ~
DPS/ts
Attachments: Standard Fee Schedule
Proposal Acceptance Sheet
General Terms and Conditions
Geotechn/ca/Eng/neer/ng · Construct/on Matetfa/s Testing
ESTIMATED TESTING SCHEDULE
The following is our estimate of the number, type and cost of
anticipated construction materials testing for the project
referenced previously. This estimate of the expected testing was
developed based on project plans. Testing frequencies are based on
current available information in our office, compiled from City
standards, geotechnical reports or locally accepted standards. It
should be recommended that variations in construction schedules,
weather, amount of retesting, additional testing requested by our
client, etc., could result in differences between the actual and
estimated testing costs. Although efforts will be made to maintain
the testing costs within the estimated amount, charges will be
computed based on actual services rendered. Testing services
proposed herein do not include full-time personnel on site and any
form of project supervision. It is our understanding that testing
will be scheduled by the client, or his representative, and ALPHA
TESTING, INC. does not assume the responsibility for assuring all
required tests are performed. If desired, ALPHA could monitor
testing frequencies and locations during the progress of the work
to assure the required testing is performed, at an additional cost.
SITE PREPARATION, FILLING AND BACKFILLING
Based on our understanding of the project, field density
testing is required on the subgrade and fill materials placed.
It is estimated that an engineering technician could be
required on site for about 185 hours to perform approximately
630 field density tests. In addition, the technician could
obtain approximately 6 soil samples for laboratory proctor
analysis. (ASSUMED I FDT EACH 300 L.F. FOR PAVED AREAS)
A. Engineering Technician:
185 hrs @ $ 34.00/hr .......................... $ 6,290.00
B. Nuclear Density Gauge:
31 days @ $ 100.00/day ........................ $ 3,100.00
C. Standard Proctor Test:
6 @ $ 150.00/ea ............................... $
900.00
D. Atterberg-limit Test:
6 @ $ 45.00/ea ................................ $
270.00
SUBTOTAL ......................................... $10,560.00
II. MECHANICAL LIME STABILIZATION
It is our understanding that approximately 1,285,340 square
feet of subgrade would be mechanically lime stabilized. We
have estimated that our engineering technician could be
required on-site for about 103 hours to perform approximately
147 field density tests. In addition, the technician could
obtain approximately 8 soil samples for laboratory proctor
analysis. (ASSUMED ON I FDT EACH 300 LINEAR FEET)
A. Engineering Technician:
103 hfs @ $ 34.00/hr ......................... $3,502.00
B. Nuclear Density Gauge
17 days @ $ 100.00/day ......................... $ 1,700.00
C. Standard Proctor Test:
8 @ $ 150.00/ea .............................. $ 1,200.00
D. Atterberg-limit Test:
8 @ $ 60.00/ea ..............................
$ 480.00
E. Lime Series Test:
1 @ $ 225.00/ea .............................. $
225.00
SUBTOTAL ......................................... $ 7,107.00
III. CONCRETE TESTING
Based on our understanding, approximately 31,920 cubic yards
of concrete will be placed. It is estimated that an
engineering technician could be required on site for an
estimated 610 hours to mold approximately 1,040 test
cylinders. (ASSUMED ON I SET OF 4 TEST CYLINDERS EACH 150 CU.
YDS. PLACED OR FRACTION THERE OF)
A. Engineering Technician:
610 hfs @ $ 34.00/hr .......................... $20,740.00
B. Concrete Compression Tests:
1,040 cyls @ $ 15.00/ea ....................... $15,600.00
SUBTOTAL ......................................... $36,340.00
IV. UTILITIES
Based on our understanding of the project, field density
testing is required on the backfill material placed. We have
estimated that approximately 12,005 linear feet of reinforced
concrete pipe storm drains would be excavated and installed.
In addition, about 13,130 linear feet of water lines, and an
estimated 2,350 linear feet of sanitary sewer lines would be
placed. We have estimated that our engineering technician
could be required on site for approximately 237 hours to
perform approximately 619 field density tests. In addition
the technician could obtain approximately 8 soil samples for
laboratory proctor analysis. (ASSUMED ON i FDT EACH 300
LINEAR FEET, PER 1' LIFT)
Engineering Technician:
237 hrs @ $ 34.00/hr ........................ $ 8,058.00
Nuclear Density Gauge:
40 days @ $ 100.00/day ....................... $ 4,000.00
Ce
Standard Proctor Test:
8 @ $ 150.00/ea ............................. $ 1,200.00
Atterberg-limit Test:
8 @ $ 45.00/ea ............................. $
360.00
SUBTOTAL ........................................ $13,618.00
ESTIMATED GRAND TOTAL ................................. $67,625.00
*Should ALPHA TESTING, INC. be awarded the testing for the above
referenced project, it is requested that a complete set of plans
and specifications be forwarded to this office along with the
signed authorization to proceed.
ALPHA TESTING, INC.
Standard Fee Schedule
Effective January 01, 1998
CONCRETE TESTING
1. Engineering technician services for molding concrete
test cylinders, performing slump and air tests and
testing at batch plant .................................. $ 34.00/hr
2. Overtime (in excess of 8 hours per day) ................. $ 45.00/hr
3. Laboratory compression testing and reporting of
concrete cylinders ...................................... $ 15.00/ea
4. Laboratory flexural testing and reporting of
concrete beams .......................................... $ 22.00/ea
5. Reserve concrete cylinders not tested ................... $ 15.00/ea
6. Cylinder pick-up without field testing of concrete
placement by ALPHA TESTING personnel .................... $ 34.00/hr
7. Laboratory testing of aggregate for concrete mix design
including gradation, fineness modulus, absorption,
specific gravity and unit weight ........................ $175.00/ea
8. Review of mix design .................................... $135.00/ea
9. Laboratory design of concrete mix with specified
strength and workability characteristics ................ $775.00/ea
10. Special Laboratory Testing of Concrete Aggregates
10.1 Sieve Analysfs (dry method) ....................... $ 35.00/ea
10.2 Sieve Analysis with decantation (wet method) ...... $ 40.00/ea
10.3 Specific Gravity of aggregates .................... $ 55.00/ea
10.4 Organic Matter .................................... $ 55.00/ea
10.5 Percent Finer than 200 mesh ....................... $ 40.00/ea
10.6 Absorption ........................................ $ 40.00/ea
10 7
10 8
10 9
Moisture Content .................................. $ 6.00/ea
Bulk Unit Weight .................................. $ 30.00/ea
Los Angeles Abrasion .............................. $425.00/ea
10.10 Sodium Sulphate Soundness (3 cycles) .............. $475.00/ea
10 11 Wet Ball Mill Test ................................ $475.00/ea
10 12 California Bearing Ratio (CBR) Test ............... $500.00/ea
11. Concrete Coring
11.1 2 or 4 Inch Diameter Cores (average 6" depth) ...... $ 90.00/ea
11.2 Minimum coring charge (per trip) ................... $180.00/ea
2
ALPHA TESTING, INC.
Standard Fee Schedule
Effective January 01, 1998
FIELD COMPACTION TESTING
1. Engineering technician services performing in-place
field density testing ................................... $ 34.00/hr
2. Engineering technician services for sample pick-up ...... $ 34.00/hr
3. Overtime (in excess of 8 hours per day) ................. $ 45.00/hr
4. Nuclear density equipment charge
4.1 Half day (0 - 4 hours) ........................... $ 50.00/half
4.2 Full day (over 4 hours) .......................... $100.00/day
5. Moisture/Density Relationship of Soils
5.1 Standard Proctor (ASTM D 698) .................... $150.00/ea
5.2 Modified Proctor (ASTM D 1557) ................... $160.00/ea
5.3 With Lime added in laboratory, add ............... $ 50.00/ea
6. Atterberg-limit Determinations
6.1 Natural .......................................... $ 45.00/ea
6.2 With Lime, add ................................... $ 15.00/ea
7. Lime Series, ph Method (Eades & Grim Method) ............ $225.00/ea
ALPHA TESTING, INC.
Standard Fee Schedule
Effective January 01, 1998
PIER DRILLING, ASPHALTIC CONCRETE, BUILT-UP ROOF
LIME STABILIZATION, LIME PRESSURE INJECTION,
POST-TENSIONING, WELDING & STRUCTURAL STEEL TESTING
1. Engineering technician services to perform
testing referenced above ................................ $ 34.00/hr
2. Overtime (in excess of 8 hours per day) ................. $ 45.00/hr
3. Marshall stability, flow and density (3 points per test). $ 52.00/ea
4. Extraction and gradation ................................ $145.00/ea
5. Design of asphaltic concrete mix (Marshall Method)
5.1 3 Aggregates, 5 Bitumen Percentages .............. $950.00/ea
5.2 4 Aggregates, 5 Bitumen Percentages .............. $1100.00/ea
6. Roof-cut analysis, either quantitatives
or qualitative type ..................... ~ ............... $475.00/ea
7. Non-destructive testing of steel using ultrasonic equipment
7.1 Regular time (4 hour minimum) .................... $ 95.00/hr
7.2 Overtime (in excess of 8 hours per day) .......... $115.00/hr
8. Usage of truck-mounted drill rig to obtain moisture
content samples from lime slurry pressure injected
soils.
8.1
8.2
8.3
9. Free Swell Tests ........................................ $
Mobilization ($ 300.00 minimum) ................. $ 175.00/hr
Per foot Rate .................................... $ 15.00/ft
Minimum charge (Portal to Portal) ................ $ 650.00/ls
95.00/ea
10. Engineering Services
Engineering services for test evaluation, contract
administration, laboratory and field supervision,
preparation of geotechnical reports and consultation.
10.1
10.2
10.3
10.4
Principal Engineer (P.E.) ........................ $115.00/hr
Senior Project Engineer (P.E.) ................... $ 95.00/hr
Staff Engineer ................................... $ 75.00/hr
Materials Engineer ............................... $ 60.00/hr
5
REMARKS
Services and fees not listed above will be quoted on request.
Invoices will be submitted twice a month for services performed.
Payment will be due in Dallas within thirty (30) days of receipt
of invoice. Interest will be added to delinquent accounts at a
rate of 1.5 percent for each month of delinquency.
The above unit prices are applicable for one year from the date of
this letter and are subject to change without notice thereafter.
Next day results for Standard Proctor Tests will be charged at 1.5
times the standard unit prices.
The prices above include up to two copies of the report distributed
and mailed in accordance with clients' instructions. Additional
copies will be billed at a rate of $.30 per sheet.
Ail field services are charged portal-to-portal.
Services performed outside a 50 mile radius of this area will be
charged mileage of $.35 a mile.
Overtime rates will be applicable for services performed in excess
of 8 hours per day and on Saturdays and Sundays. Services
performed on holidays will be billed at 2.0 times the regular
hourly rate.
ALPHA TESTING, INC. provides no warranty, either expressed or
implied, that the testing provided under this contract satisfies
all requirements of the plans and specifications for the project,
applicable City specifications or other governing bodies that may
have jurisdiction over the project.
No reports will be issued until we have a signed contract, purchase
order or Letter of Authorization To Proceed in our office.
If this proposal is satisfactory, would you please sign this
proposal and return it to us for our ~ile.
DPS:hl
Very truly yours,
PROPOSAL ACCEPTANCE SHEET
Date: November 20, 1998
Description of Services: Construction Materials Testing
Project Name: SA/~DY LAKE RD. IMPROVEMENTS #ST 93-0Z
Coppell, Texas
Proposal No. 5524-34
FOR PAYMENT OF INVOICES - Charge to the Account of:
Firm, C1+7 0 ~
Address: a~-
Attention: K6~ ~,'~'~,
P~OPOSAL ACCEPTED BY:
~na~ur~-- --- Titl~/~er D~te
PA~ENT TE~S: Payable within 10 days of receipt in Dal.Texas
PROPERTY OWNER IDENTIFICATION (if other than above)
Name:
Address:
Zip Code
Attention:
Telephone
FOR APPROVAL OF INVOICES - Send Invoices To:
Firm:
Address:
Attention:
Zip Code
Telephone
75-0
Invoices for completed work will be issued every two weeks for
continuous or extended projects unless otherwise agreed.
SPECIAL INSTRUCTIONS:
REPORT DISTRIBUTION
Firm Street Address City State Zip # of Copies
/~ENERAL TERMS AND CONDITION,5 '*
ARTICLE 1. SCOPE OF WORK:
ALPHA TESTING, INC. (ALPHA) shall perform the services defined in this contract and shall invoice the Client using those rates shown on the attached fee schedules.
Any estimate of cost to the Client as stated in this contract shall not be considered as a fixed price, but only an estimate (unless otherwise specifically stated in this
contract). ALPHA will provide additional services under this contract as requested by the Client and invoice the Client for those additional services at the listed standard
rates. The prices shown will be valid for ninety(90) days unless otherwise stated in the proposal.
ARTICLE 2. SEFIVlCES: ALPHA will:
1. Provide only those services that, in the opinion of ALPHA, lie within the technical or professional areas of expertise of ALPHA and which ALPHA is adequately
staffed and equipped to pedorm.
2. Perform ail technical services under the general direction of a licensed Engineer and in substantial accordance with the basic requirements of the appropriate Stan-
dards of the American Society of Testing and Materials, where applicable, or other Standards designated in writing by CLIENT,
3. Promptly submit formal reports of all tests and and services performed indicating, where applicable, compliance with THE PROJECT specifications or other contract
documents. Such reports shall be complete and factual, citing the tests pedormed, methods employed, values obtained, and parts of the structure or THE PROJECT
area involved. /
4. Utilize testing equipment which has been calibrated according to individually applicable Standards and. upon request, submit to the CLIENT, or his authorized representative,
documentation of such calibration. ~
5. Consider all reports to be the confdentia property of the CLIENT, and distribute reports only to those persons, organizations or agencies specifically designated
in writing by the CLIENT or his authorized representative.
6. Retain all pertinent records relating to the services pedormed for a period of five years following submission of the report, during which period the records will
be made available to the CLIENT at all reasonable times.
7. All reports, boring logs, field data, field netes, laboratory test data, calculations, estimates and other documents prepared by ALPHA, as instruments of service,
shall remain the property of ALPHA. CLIENT agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned
to ALPHA upon demand and will not be bsed by the CLIENT for any purpose whatsoever.
ARTICLE 3. CLIENT'S RESPONSIBILITIES: CLIENT or his authorized representative will:
1. Provide ALPHA with plans, specifications, addenda, change orders, approved shop drawings and other information for the proper pedormance of ALPHA.
2. Issue authorization in writing, giving ALPHA free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored.
3. Designate in writing those persons or firm to act as CLIENT'S representatives with respect to ALPHA's services to be performed under this Agreement and to
be promptly notified by ALPHA when it appears that materials tested are in noncompliance. Such persons or firm to have complete authority to transmit instructions,
receive information and data, interpret and define CLIENT's policies and decisions with respect to THE PROJECT; to take action to prevent irrevocable entry of those
materials in noncompliance until the issue at question can be resolved; and to order, at CLIENT's expense, such technical services as may be requested of ALPHA.
4. Advise ALPHA sufficiently in advance of any operations so as to allow for assignment of personnel by ALPHA for completion of the required services. Such advance
notice shall be in accordance with that established by mutual agreement of the parties.
5. Direct THE PROJECT contractor, either by the Construction Contract or direct written order to:
(a) Secure and deliver to ALPHA, without cost to ALPHA. preliminary representative samples of those materials he proposes to use which require testing, together
with any relevant data of the materials.
(b) Furnish such casual labor and all facilities needed by ALPHA to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests.
(c) Provide and maintain for the use of ALPHA, adequate space at THE PROJECT for safe storage of equipment and proper cudng of test specimens which must
remain on THE PROJECT site prior to testing.
ARTICLE 4. GENERAL CONDITIONS:
1. ALPHA, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities
with regard to THE PROJECT which, by custom or contract are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities.
2. ALPHA is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve
or accept any portion of the work, unless specifically authorized in writing by CLIENT or his authorized representative. ALPHA 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 and testing covered by the Agreement.
ARTICLE 5. FIELD MONITORING AND TESTING:
CLIENT agrees that ALPHA will be expected to make onsite observations appropriate to the construction stage. The CLIENT further agrees that ALPHA will not assume
responsibility for the contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the services provided by ALPHA
will not relieve the contractor of his responsibilities for pedorming the work in accordance with the plans and specifications. The words "inspection" or "control"
are used to mean periodic observation of the work and the conduct of tests by ALPHA to verify substantial compliance with the plans, specifications and design con-
cepts. Continuous monitoring by our employees does not mean that ALPHA is approving placement of materials.
ARTICLE 6. STANDARD OF CARE AND WARRANTY:
Services performed by ALPHA will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. No other warranty, either expressed or implied, is made or intended by our proposal, contract, or reports. ALPHA will not be respon-
sible for the interpretation or use by others of data developed by ALPHA.
ARTICLE 7. SAFETY:
CLIENT agrees that, in accordance with the generally accepted construction practice, the general contractor will be solely and completely responsible for working
conditions on THE PROJECT, including safety of all persons and property during the pedormance of the work, and compliance with all municipal, state, and federal
regulations including OSHA. The duty of ALPHA in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Contractor's
safety measures in, on, or near THE PROJECT site.
ARTICLE 8. INSURANCE:
ALPHA shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Worker's
Compensation Acts and from claims for bodily injury, death or property damage as may arise from the pedormance of services under this Agreement, ALPHA will,
upon request, file certification of such insurance coverage with CLIENT or his authorized representative. Within the limits and conditions of such insurance, ALPHA
agrees to indemnify and save CLIENT harmless from and against any loss, damage, or liability arising from any negligent work by ALPHA, its agents, staff and con-
sultants employed by it. ALPHA shall not be responsible and CLIENT SHALL indemnify ALPHA for and defend ALPHA from, any claim, loss, damage or liability arising
from any negligent acts by CLIENT, its agents, staff, and other consultants employed by it.
ARTICLE 9. LIMITATION OF LIABILITY:
For any damage, cost, expenses, or other liability, direct or indirect, resulting from any error, omission, or professional negligence in the performance of ALPHA's
services, the liability of ALPHA, its employees, agents, officers, and consultants to all claimants with respect to THE PROJECT will be limited to an aggregate sum
not to exceed $,50,000 or ALPHA's total fee for the services rendered on THE PROJECT, whichever is greater.
CC-,01083-76
ARTICLE 10. INVOICES AND PAYMENT:
ALPHA will submit progress invoices to CLIENT monthly and final invoice upon completion of services. Each invoice, on presentation, is due and payable by CLIENT
or his authorized representative within fifteen (15) days of receipt. Payment is past due 30 days from invoice date. CLIENT agrees to pay interest of one and onehalf
percent(1 1/2%) per month, on past due accounts. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by CLIENT. The CLIENT
agrees to pay ALPHA for its services in accordance with this agreement, regardless of whether or not heshe has been paid by his CLIENT.
ARTICLE 11. EXTENT OF AGREEMENT:
The Agreement, including these terms and conditions, represents the entire agreement between CLIENT and ALPHA and supersedes all prior negotiation, representa-
tions or agreements, written or oral. The Agreement may be amended only by written instrument signed by CLIENT and ALPHA. Should any conflict occur between
these terms and conditions and the Agreement, it is understood that these terms and conditions shall be controlling.
ARTICLE 12, APPLICABLE LAW:
The agreement shall be governed by the laws of the State of Texas.
ARTICLE 13. DISPUTES:
In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation,
it is agreed that the prevailing party shall be entitled to recoverall reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's
fees and other claim-related expenses.
ARTICLE 14: TERMINATION:
This agreement may be terminated 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 herein. Such termination shall 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, ALPHA shall be paid for services performed to the termination date plus reasonable expenses to demobilize.
in the event of termination, or suspension for more than three(3) months, prior to completion of all reports contemplated by this Agreement, ALPHA may complete
such analyses and records as are necessary to complete its files and may also complete a report on the services performed to date of notice of termination of suspen-
sion. The expenses of termination of suspension shall include all direct costs of ALPHA in completing such analyses, records and reports.
ARTICLE 15. ASSIGNS:
Neither the CLIENT nor ALPHA may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written consent of the other party. Further-
more, this agreement contains each and every agreement and understanding between the parties relating to its subject matter. It may not be altered or amended except
in writing and signed by both the CLIENT and ALPHA.
ARTICLE 16, CONFLICTS:
Should any element of the Terms and Conditions be deemed in conflict with any element of the contract referenced above, unless the contract clearly voids the conflicting
element in the Terms and Conditions, wording of the Terms and Conditions shall govern. Any element of this agreement later held to violate a law or regulation shall
be deemed void, but all remaining provisions shall continue in force.
ARTICLE 17. DELAYS IN WORK:
ALPHA will pursue the work in an efficient and expeditious manner consistent with good quality practices. ALPHA will not be responsible for delays in the work caused
by CLIENT or its agents, consultants, contractors or subcontractors. Standby or nonproductive time delays in our work caused by the CLIENT will be charged as work
time unless provided for as a separate item in the contract or other mutually agreed upon document.
ARTICLE 18. CONSEQUENTIAL DAMAGES:
CLIENT shall not be liable to ALPHA and ALPHA shall not be liable to CLIENT for any consequential damages incurred by either due to the fault of the other, regardless
of the nature of this fault, or whether it was committed by the CLIENT or ALPHA, their employees, agents or subcontractors. Consequential damages include, but
are not limited to, loss of use and loss of profit.
ARTICLE 19, FAILURE TO FOLLOW RECOMMENDATIONS:
ALPHA will not be held liable for problems that may occur if ALPHA's recommendations are not followed. Accordingly, CLIENT waives any claim against ALPHA, and
agrees to defend, indemnify and hold ALPHA harmless from any claim or liability for loss that results from failure to implement ALPHA's recommendations, or from
implementation of ALPHA's recommendations in a manner that is not in strict accordance with them. CLIENT also agrees to compensate ALPHA for any time spent
and expenses incurred by ALPHA in defense of any such claim, with such compensation to be based upon ALPHA's prevailing fee schedule and expense reimbursement policy.
ARTICLE 20. DISPOSAL OF SAMPLES:
Samples of soil, rock, water, waste or other materials contaminated by hazardous substances, including asbestos, obtained from the project site are the property of
the CLIENT. ALPHA shall retain such samples for no longer than thirty (30) calendar days after the issuance of any document that includes the data obtained from
them, unless other arrangements are mutually agreed upon in writing. It is CLIENT's responsibility to select and arrange for lawful disposal procedures which encom-
pass removing the contaminated samples from ALPHA's custody and transporting them to a disposal site. Accordingly, unless CLIENT indicates otherwise within the
thirty (30) day period referenced above, CLIENT hereby instructs ALPHA to make arrangements, as CLIENT's agent, for proper transportation and disposal of samples
with appropriate licensed parties. Due to the risks to which ALPHA is exposed, CLIENT agrees to waive any claim against ALPHA, and to defend, indemnify and hold
ALPHA harmless from any claim or liability for injury or loss arising from ALPHA service as CLIENT's agent in arranging for proper transportation and disposal of
contaminated samples.
There are normally not extra costs involved in this disposal arranged by ALPHA, unless the contaminated samples constitute a large quantity or the samples are
contaminated with highly toxic andor hazardous substances (i.e. PCBs, Dioxins, Cyanide, Pesticides, etc.) in which case CLIENT agrees to pay all transportation and
disposal costs or ALPHA will return the samples to the project site.
ARTICLE 21, SAMPLING OR TEST LOCATION:
Unless otherwise stated, the fees in this proposal do not include costs associated with surveying of the site for the accurate horizontal and vertical locations of tests.
Field tests described in our report or shown on sketches are based upon information furnished by others or estimates made in the field by our representatives. Such
dimensions, depths or elevations should be considered as approximations unless otherwise stated. If the CLIENT specifies the test location, we reserve the right to
deviate a reasonable distance from the location specified.
ARTICLE 22. RIGHT TO STOP WORK:
Since ALPHA's duties are limited to observing and monitoring the quality of the work ALPHA will not under any circumstances give a stopwork order, either for quality,
safety or any other reason. Neither will ALPHA be responsible for the possible consequences of not issuing a stopwork order. ALPHA will only make recommendations
to the CLIENT regarding the quality of the work it has contracted to monitor.
ARTICLE 23. HAZARDOUS SUBSTANCES:
CLIENT agrees to advise ALPHA, prior to beginning work, of any hazardous substances on or near the site. In the event that test samples obtained during our work
contain substances hazardous to health, safety or the environment, these samples remain the property of the CLIENT. Likewise, any equipment contaminated during
our services which cannot be reasonably decontaminated shall become the property and responsibility of the CLIENT. CLIENT agrees to pay transportation costs for
samples and equipment and the fair market value of contaminated equipment.
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
Mayor and City Council
From:
Ken Griffin, P.E., Director of Engineering and Public Works
Consider approval of awarding a contract to Alpha Testing, Inc. for the necessary
construction material testing for the Sandy Lake Road Project #ST 93-02 in the estimated
amount of $67,625.00; and authorizing the Mayor to sign.
Date:
December 8, 1998
As part of the construction of Sandy Lake Road, the City is responsible for the material testing along the
project. On some projects, the material testing is delegated to the contractor and is included as a
subsidiary amount to the various bid items. However, on some recent projects when there has been a
question about the material testing and the contractor is responsible for the testing, the close issues have
been decided in the contractor's favor. Also, because of the some of the problems we have had with the
compaction associated with the Bethel Road sewer line several years ago it was my opinion that the
material testing should be entirely paid for by the City so that there is no misunderstanding who the
testing lab is working for. While we are paying directly for the testing, more than likely there was some
offsetting savings on the various bid items during the bidding of the project.
Alpha Testing will be performing various types of testing along the project fi.om concrete testing to
compaction testing. They have provided a cost on each individual type of testing and also an estimate on
the overall project. It is their opinion that during the course of the project the estimated cost for the
testing should be $67,625.00. That estimated amount could vary depending on the actual number of
tests the City request to be performed during construction. Staff recommends approval of the contract
with Alpha Testing, Inc. in the estimated amount of $67,625.00.
Staff will be available to answer any questions at the council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
ALPHA TESTING, INC.
2209 Wisconsin St., Suite 100
Dallas, Texas 75229
972/62G8911 - 972/263-4937 (Metro)
FAX: 972/406-8023
November 16,1998
CITY OF COPPELL
255 PARKWAY BLVD.
COPPELL, TEXAS 75019
Attention: Ken Griffin
Re: Construction Materials Testing
Services and Fees
SANDY LAKE ROAD PROJ.NO.ST 93-02
Coppell, Texas
ALPHA Proposal No. 5502-34
ALPHA Projet No. 98881
As requested we are pleased to submit the following propoSal for
performing Construction Materials Testing on the ~project
referenced above. Attached are copies of our Standard Fee
Schedule for testing anticipated on the project. Specialized
testing, not quoted on the sheets provided, can be submitted upon
request.
If this proposal is satisfactory, please sign and return it to us
for our file. We loOk forward for the opportunity to be of
service on this project.
DPS/jl
Attachments:
Respectfully submitted,
ALPHA TESTING, INC.
~vlces
Standard Fee Schedule
Proposal Acceptance Sheet
General Terms and Conditions