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HomeMy WebLinkAboutResolution - 4555 - Agreement - TTU - Investigation Of Local Aggregate Versus Non-Local Aggregate - 07_28_1994Resolution No. 4555 Item #16 July 28, 1949 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Texas Tech University of Lubbock for its assistance and expertise to direct and conduct an "Investigation of Local Aggregate Versus Non -Local Aggregate" to determine the feasibility of local Aggregate in the City of Lubbock concrete street paving, which agreement is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 2$t day of July 1994. TON, MAYOR ATTEST: Betty A Johnso City Secretary APPROVED.AS TO CONTENT: arty ertel, Cit Engineer APPROVED AS TO FORM: lie TA D&wald G. VaOWer, first Assistant City Attorney DG V : dp\G: \ccdocs\TTU. Re s July 1,4 1994 Resolution No. 4555 July 28, 1994 Item #16 PROFESSIONAL SERVICES AGREEMENT RnWl INVESTIGATION OF PORTLAND CEMENT CONCRETE COARSE AGGREGATE PERFORMANCE WHEREAS, the City of Lubbock (hereinafter called "City") desires an analysis of the R.E. Janes and Appian concrete aggregates (hereinafter called "local aggregates") in comparison to Vulcan Materials and Western Rock aggregates (hereinafter called "non -local aggregates") to determine the long term performance of such local aggregates in City of Lubbock concrete street paving. WHEREAS, the City desires to obtain the assistance and expertise of professionals to direct and conduct an "Investigation of Local Aggregate Versus Non -Local Aggregate" in order to determine the feasibility of local aggregate in City of Lubbock concrete street paving, said expertise to be provided by Texas Tech University, Lubbock, Texas (hereinafter called "Contractor"). NOW THEREFORE, City and Contractor in consideration of the mutual covenants set forth herein contract and mutually agree as follows: 1 The scope of the work prepared for the "Investigation of Local Aggregate Versus Non -Local Aggregate" at the request of the City and research design thereto prepared by Contractor and accepted by the City are hereby annexed hereto as Exhibit "All and made a part hereof as if fully copied herein in detail in this place. 2 For and in consideration of services to be rendered by the Contractor, the City agrees to pay a total payment of $9,000. An initial payment of $3,000 will be paid when work begins. Payments to the Contractor will be made in accordance with the payment schedule in of Exhibit "A". 3 This contract shall be completed by January 15, 1995. Statements for payment shall be sent to the City of Lubbock at the following address: City of Lubbock, Street/Drainage Engineering, Attn: B.J. Brumley, P.O. Box 2000, Lubbock, TX 79457. 4 In the performance of services hereunder, Contractor shall be deemed an independent contractor, and any of its employees performing work required hereunder shall be employees of the Contractor or its subcontractors. 5 Before the Contractor begins any work under this Agreement, Contractor agrees to furnish a certificate of insurance reflecting their coverage by worker's compensation insurance, amounts and with carriers satisfactory to City, and agrees that such coverage shall be maintained during the term of this Agreement. Contractor shall be responsible for determining that its subcontractors, where required, likewise carry and maintain adequate insurance coverage. City shall provide self insurance for any City employees and for equipment assigned to the project and will indemnify the Contractor with regard to the activities of City employees assigned. At any time during normal business hours, Contractor shall make available to representatives of the City for examination of its records with respect to all matters covered by this Agreement, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records, or personnel conditions of employment and other data relating to all matters covered by this Agreement, for a period consisting of the duration of the contract and continuing for one (1) year thereafter. The City reserves the right to restrict Texas Tech from releasing to the general public, any information they accumulate or acquire prior to completion of the study unless such release is specifically authorized in writing by the City Engineer. Agreement for Investigation of Portland Cement Concrete Coarse Aggregate Performance - Page 2 The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or termination; selection for training, including apprenticeships; and participation in recreational activities. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, excepting that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Contractor shall keep such records and submit reports concerning the racial and ethnic origin(s) of applicants for employment and employees as the law may require. Contractor agrees to comply with such rules, regulations or guidelines as may be issued to implement such regulations. 8 The parties hereto, without invalidating this Agreement, may alter or amend this Agreement only upon written mutual agreement of the parties as attested by the signatures of the principals to this Agreement. Contractor shall, to the extent allowable by the laws and Constitution of the State of Texas, hold the City harmless from and shall promptly pay and defend for the City all claims, demands, lawsuits, awards, and judgments in any manner growing out of negligence or any manner of torts arising out of the conduct of the services performed by the Contractor, its agents, servants, or representatives under and pursuant to this agreement. Agreement for Investigation of Portland Cement Concrete Coarse Aggregate Performance - Page 3 10 Contractor will commence work on the project within (5) working days following receipt of notice to proceed. The contractor shall complete the work in accordance with the schedule defined in the scope of work and research design. 11 The obligations to provide services under this agreement may be terminated by either party upon 30 days written notice to the other party. In the event of any termination, Contractor will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. Any noncancelable obligations incurred by Contractor shall be allowable costs. All documents produced by Contractor up to the time of termination shall become property of the City. Contractor may retain and use copies of such documents. 12 Originals of all notes, calculations, correspondence, and similar materials will be filed by the Contractor and made available to City on request. With respect to documents related to work performed under terms of this agreement, Contractor agrees not to assert any right, and not to establish any claims under design patent or copyright law. Contractor shall have the right to retain and use copies of its work product. 13 The Contractor, prior to written or verbal disclosure of project information to the media or any public or private entity, shall obtain written permission from the City for disclosure of such information. The City retains the right to review and edit all written statements prepared by the Contractor concerning the project prior to disclosures of such statements. Agreement for Investigation of Portland Cement Concrete Coarse Aggregate Performance - Page 4 EXECUTED THIS 28th ATTEST: &-u,- �t r--yL Betty Johns ity Secretary APPROVED AS TO CONTENT: i i rr ert City En ineer APPROVED AS TO FORM: bbdald G. Vandiver, First Assistant City Attorney DAY OF July , 1994 TEXAS TECH UNIVERSITY (CONTRACTOR) Executive Vice President and Provost Texas Tech University William R. Burkett Principal Investigator Agreement for Investigation of Portland Cement Concrete Coarse Aggregate Performance - Page 6 (Page 1 of 2) EXHIBIT "A" INVESTIGATION OF PORTLAND CEMENT CONCRETE COARSE AGGREGATE PERFORMANCE Introduction/Background Current specifications of the City of Lubbock's Street/Drainage Engineering Department requires that coarse aggregate used in portland cement concrete for thoroughfares meet the requirement of 95% crushed face as determined by TxDOT Test Method Tex-460-A. Locally available coarse aggregates are river -run gravel which do not meet the 95% crushed face specification, consequently crushed stone aggregates which meet the specification must be transported to Lubbock, typically from Brownwood, TX and Encinio, NM, significantly increasing the construction cost. The necessity of the 95% crushed face specification has been questioned since the portion of Interstate Highway 27 in the Lubbock area was constructed using local aggregate which does not meet the City of Lubbock 95% crushed face requirement but has performed satisfactorily to date. PROPOSAL The present proposal is directed at investigation/comparing the performance of two (2)local and two (2) non -local coarse aggregates for use in portland cement concrete by the City of Lubbock. Performance will be evaluated in this study by comparison of compressive and flexural strength of portland cement concrete samples (standard cylinders and beams, respectively) made using the above referenced number of local and non -local coarse aggregates. The scope of work for this study includes but is not limited to the following: A. Perform necessary preliminary aggregate test (gradation, specific gravity,...) B. Develop a standardized concrete mix design to evaluate aggregates. C. Perform strength test (compressive and flexural) on concrete samples containing the four (4) coarse aggregates of interest (2 local and 2 non -local). D. Conduct a literature review for durability evaluation of concrete. E. Provide a written report documenting procedures and results of this study. All tests in this study will be conducted at the City of Lubbock's Street/Drainage Engineering Department Laboratory, and all test materials, supplies, and equipment will be furnished by the City of Lubbock. Agreement for Investigation of Portland Cement Concrete Coarse Aggregate Performance - Page 6 l (Page 2 of 2) EXHIBIT "A" Schedule of Payments 1. Initial payment of $3,000 to be paid upon issuance of "notice to proceed". 2. Payment of $2,000 upon completion of casting all test samples. 3. Payment of $2,000 upon completion of all material tests. 4. Payment of $2,000 upon completion of project and final report. For a total of $9,000 Agreement for Investigation of Portland Cement Concrete Coarse Aggregate Performance - Page 7