Ordinance No. 15,205 ORDINANCE NO. 15,205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH TERRACON
CONSULTANTS, INC., FOR CONSTRUCTION MATERIALS TESTING FOR THE
ANNEXATION UTILITIES-CONNALLY AREA PACKAGE ONE PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED EIGHTY-SIX THOUSAND NINE HUNDRED FIFTY-TWO AND 50 100
DOLLARS ($86,952.50); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Consulting Services Agreement with Terracon
Consultants, Inc., for construction materials testing for the Annexation Utilities-Connally Area Package
One Project. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Terracon
Consultants,Inc.,in an amount not to exceed EIGHTY-SIX THOUSAND NINE HUNDRED FIFTY-TWO
AND 50 100 DOLLARS ($86,952.50) for professional services in accordance with the agreement
authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS($50,000.00)or less.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 22"d day of September,2022.
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SCOTT LEMON ,City Attorney
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EXHIBIT A
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Terracon Consultants, Inc.
(hereinafter "Consultant") and the City of Baytown, a home-rule municipality located in Harris and
Chambers Counties,Texas (the "City").
1. Scope of Services/Consultant Fees
This Agreement authorizes Consultant to perform construction material testing services for
the Annexation Utilities-Connally Area Package One Project that will construct
approximately 6,700 linear feet of waterlines and about 7,900 linear feet of gravity sanitary
sewer lines along the following streets:
• Sheppard Road between W. Cedar Bayou Lynchburg Road and W. Archer Road
• John Martin Road between W. Cedar Bayou Lynchburg Road and Harris County
drainage channel (HCFCD Unit No. 0128-00-00).
• Connally Road between John Martin Road and Sheppard Road.
• Thomas Road between San Jacinto Boulevard and Sheppard Road.
• In addition, existing driveway pavement repairs (concrete, asphalt and gravel) are
planned along the project alignment.
The Scope of the Work is detailed in Exhibit "A." The compensation and professional fees
for Consultant and its subconsultants is more particularly described in Exhibit "B" and shall
not exceed EIGHTY-SIX THOUSAND, NINE HUNDRED FIFTY-TWO AND 50/100
DOLLARS ($86,952.50). The time schedules for the Work are specified in Exhibit"C." Each
of these Exhibits "A"through "C"are incorporated into this Agreement by reference for all
purposes.
2. Compensation and Professional Fees
a. The City shall pay Consultant in installments based upon monthly progress reports
and detailed invoices submitted by the Consultant based upon the following:
Item# Item Description Item Terms Item Costs
1. Design Phase Services (Not-to-Exceed) $0.00
2. Bid Phases Services (Hourly Not to Exceed) $0.00
3. Construction Phase Services (Hourly Not to Exceed) $86,952.50
Additional Services
4. (These services require independent and (Lump Sum) $0.00
specific advance,written authorization)
5. Reimbursable Expenses (Not-to-Exceed) $0.00
6. Total $86,952.50
Agreement for Professional Services.Page 1
b. For an agreed contract amount identified as "Lump Sum," "Not to Exceed" and
"Reimbursable," Consultant shall not exceed the fixed contractual amount without
written authorization in the form of a Contract amendment.
C. Reimbursable Expenses, as shown in Exhibit "B" are itemized by work category.
Reimbursable Expenses shall be invoiced AT COST, without subsequent markup by
Consultant. All invoices containing a request for Reimbursable Expenses shall include
copies of the original expense receipts itemized per allowable category.
(1) Allowable reimbursable Expenses include:
(a) Hard copy reproductions, copies, and/or bindingcosts;
(b) Postage;
(c) Mileage, for travel from Consultant's local office (within a 25-mile
radius)to meetings the City or job-site. Mileage shall be charged at the
current IRS rates;
(d) Travel Expenses, mileage from local office to State or federal
regulatory agency office beyond 100miles; and
(e) Lodging expenses for destinations beyond 100 miles from Consultant's
local office AND (i) when business hours exceed eight hours within
one business day or(ii) when Consultant's services require more than
one eight-hour day at the destination;provided such expenses has been
approved in writing by the City.
(2) Disallowed Expenses include travel expenses for professional expertise
traveling into the Greater Houston Area from Consultant's office outside the
Greater Houston Area.
d. Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information shall be
tendered no more often than once a month. Consultant shall not invoice the City for
services or expenses that were incurred more than sixty(60)days before the date of the
invoice. Failure to timely invoice the City for services or expenses shall result in
Consultant's invoice being denied.
e. In the event of a disputed or contested invoice, the City may withhold from payment
that portion so disputed or contested,and the undisputed portion will be paid.
3. Personnel of Consultant
a. Consultant's Project Manager
(1) Consultant shall designate Daniel Mabirizi,to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall
require thirty days' advance written approval from the City's Representative.
b. Licensed and Registered Architects.i Engineers
(1) Consultant shall keep a full-time registered architects and/or engineers licensed
in the State of Texas on staff and assigned to the Work for the duration of its
performance of the Work.
Agreement for Professional Services.Page 2
C. Data on Consultant's Employees
(1) Prior to commencement of the Work, Consultant shall forward to the City a
detailed resume of the personnel that will be assigned to the Work. Such
personnel shall include, but not be limited to, architects and/or engineers as
applicable.
d. Rejection of Consultant's Employees
(1) The City reserves the right to approve or reject from the Work any employees of
Consultant.
4. Designation and Duties of the City's Representative
a. The City's Director of Public Works and Engineering or his designee shall act as the
City's Representative.
b. The City's Representative shall use his best efforts to provide nonconfidential City
records for Consultant's usage on the Work and to provide access to City's property
and easements. However, the City does not guarantee the accuracy or correctness of
the documents so provided. Notwithstanding the foregoing, Professional shall be
entitled to use and rely upon information provided by the City in performing the
services required under this Agreement only to the extent and level specified by the
City in writing for each document provided. Nothing contained herein shall be
construed to require the City to provide such records in any certain format. The format
in which the existing data and documentation will be provided shall be at the sole
discretion of the City.
5. Standards of Performance
a. Consultant shall perform all services under this Agreement with the care and skill
ordinarily used by members of Consultant's profession practicing under the same or
similar circumstances,time and locality.Opinion of probable cost shall be based upon
the Consultant's experience and represents its professional judgment as an
experienced and qualified professional. Each submittal of opinion of probable cost
shall be commensurate with the project design.
Consultant shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and the City shall not be responsible for discovering
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(2) All references to codes, standards, environmental regulations and/or material
specifications shall be to the latest revision,including all effective supplements
or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified is bid
by the City.
(2) If any such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the City
to support the design and the suitability of the equipment.
Agreement for Professional Services.Page 3
(3) All materials specified on any City project shall be in accordance with City,
ASTM,ACI,and AASHTO specifications,and with other recognized standards.
Proprietary material or other materials for which no generally recognized
standards exist may be used provided there has been at least five years of
proven experience in the field, and such satisfactory documentation has been
approved by the City's Representative.
(4) The Work shall be designed and furnished in accordance with the most current
codes and/or standards adopted by city, state, or federal government or in
general custom and usage by the profession and shall comply Texas
Department of Licensing and Regulation's rules and regulations, including the
Texas Accessibility Standards.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or Consultant if
superior methods are available for successful operation of equipment and/or
for the construction project on which the Work is performed. Any alternative
codes or regulations used shall have requirements that are equivalent or better
than those in the above listed codes and regulations. Consultant shall state the
alternative codes and regulations used.
(6) Consultant agrees the services it provides as an experienced and qualified
architect/engineer will reflect the professional standards, procedures and
performances common in the industry for this project. Consultant further
agrees that any analysis, reports, preparation of drawings, the designation or
selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
(7) Consultant shall promptly correct any defective analysis caused by Consultant
at no cost to City. The City's approval, acceptance, use of or payment for all
or any part of Consultant's services hereunder or of the Work itself shall in no
way alter Consultant's obligations or the City's rights under this Agreement.
As applicable, Consultant shall provide the City with record "as-built"
drawings relating to the Work,in an electronic format that is acceptable to the
City. City shall be in receipt of record drawings, if applicable, prior to final
payment.
(8) Consultant has no control over the cost of labor, materials, equipment or
services furnished by others, other than its subconsultants. Data projections
and estimates are based upon Consultant's opinion based on experience and
judgment. Consultant cannot and does not guarantee that actual costs and/or
quantities realized will vary from the data projections and estimates prepared
by Consultant.
(9) Consultant shall submit all final construction documents in both hard copy and
electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software versions used
shall be compatible to current City standards. Other support documents for
example structural calculations, drainage reports and geotechnical reports,
shall be submitted in hard copy only. All Record Drawings electronic files
shall be submitted to the City in PDF.TIF format.
Agreement for Professional Services.Page 4
6. Schedule
Consultant shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative. Consultant's obligation to render services specified
in Exhibit B will be for the entire period necessary for the final completion of the construction
of the Work. If the Consultant contributes to any delay in the schedule, Consultant will have
no right to seek and shall not be entitled to any additional compensation.
7. Instruments of Service
Upon execution of this Agreement,Consultant grants to the City an ownership interest in the
Instruments of Service. Consultant shall obtain similar interests from the City and
Consultant's consultants consistent with this Agreement. As noted in Articles 5 & 11,
Consultant shall be required to tender to City all Instruments of Service. With such ownership
interest,it is expressly understood by the parties hereto that the City may use the Instruments of
Service for any purposes which the City sees fit, including, but not limited to, subsequent
construction, reconstruction, alteration, and/or repairs of the Project. As a condition to the
City's use of the Instruments of Service, the City hereby expressly agrees to remove
Consultant's name and all references to Consultant and its consultants from the Documents.
Provided that this Agreement is not terminated for cause by the City, the City shall release
any and all claims which the City could make arising out of or in connection with any reuse of
the documents by the City.
S. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement,insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Consultant, its
agents, representatives, volunteers, employees or subconsultants.
a. Consultant's insurance coverage shall be primary insurance with respect to the City,
its officials, employees and agents. Any insurance or self-insurance maintained by the
City, its officials, employees or agents shall be considered in excess of Consultant's
insurance and shall not contribute to it. Further, Consultant shall include all
subconsultants,agents and assigns as additional insureds under its policy or shall furnish
separate certificates and endorsements for each such person or entity. All coverages for
subconsultants and assigns shall be subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
1. Commercial General Liability
• General Aggregate: $2,000,000
• Products&Completed Operations Aggregate. $2,000,000
• Personal&Advertising Injury: $1,000,000 Per Occurrence: $1,000,000
• Fire Damage$500,000
• Waiver of Subrogation required. Coverage shall be broad form.
• No coverage shall be deleted from standard policy without notification
of individual exclusions being attached for review and acceptance.
Agreement for Professional Services.Page S
2. Business Automobile Policy
• Combined Single Limits: $1,000,000
• Coverage for"Any Auto"
• Waiver of Subrogation required
3. Errors and Omissions
• Limit: $1,000,000 for this project
• For all architects, engineers, and/or design companies
• Claims-made form is acceptable
• Coverage will be in force for one (1) year after completion of the
Project
4. Workers' Compensation
• Statutory Limits
• Employer's Liability $500,000
• Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier for all liability policies must have an A.M. Best Rating of
A(-):VII or better.
2. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can be
on claims-made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after
thirty (30) days' prior written notice by mail, return receipt requested, has
been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers
Compensation and Errors and Omissions Policies required herein.
6. Upon request and without cost to the City, certified copies of all insurance
policies and:or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs(claims listing) of any and.or
all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
Consultant. Consultant shall provide copies of insurance policies and
endorsements required hereunder to the City on or before the effective date
of this Agreement.
Agreement for Professional Services.Page 6
9. Indemnification and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE
"CITY' ) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY
OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE
CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY CONSULTANT'S
PARTIES). IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT
THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY
ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY
DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM
THE NEGLIGENCE OF ANY PERSON OTHER THAN THE
CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH
THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES
AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING
BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE
INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE
TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT.
Agreement for Professional Services.Page 7
By this Agreement, the City does not consent to litigation or suit, and the City hereby
expressly revokes any consent to litigation that it may have granted by the terms of this
Contract or any other contract or agreement, any charter, or applicable state law.
Nothing herein shall be construed so as to limit or waive the City's sovereign immunity.
Consultant assumes full responsibility for its services performed hereunder and hereby
releases,relinquishes and discharges the City,its officers, agents, and employees from
all claims, demands, and causes of action of every kind and character, including the
cost of defense thereof,for any injury to or death of any person(whether they be either
of the parties hereto, their employees, or other third parties) and any loss of or damage
to property(whether the property be that of either of the parties hereto,their employees,
or other third parties)that is caused by or alleged to be caused by, arising out of, or in
connection with Consultant's services to be performed hereunder. This release shall
apply with respect to Consultant's services regardless of whether said claims,demands,
and causes of action are covered in whole or in part byinsurance.
10. Subcontractors and Subconsultants
Consultant shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Consultant
The City,besides all other rights or remedies it may have,shall have the right to terminate this
Agreement without cause upon written notice from the City Manager to Consultant of the City's
election to do so. Furthermore, the City may immediately and without notice terminate this
Agreement ifConsultant breaches this Agreement.A breach ofthis Agreement shall include,but
not be limited to, the following:
a. failing to pay insurance premiums,liens,claims orother charges;
b. failing to pay any payments due the city,state,or federal government from Consultant
or its principals, including, but not limited to,any taxes, fees, assessments, liens, or
any payments identified in this Agreement;
C. the institution of voluntary or involuntary bankruptcy proceeding against Consultant;
d. the dissolution of Consultant;
e. refusing or failing to prosecute the Work or any separable part, with the diligence
that will ensure its completion within the time specified in this Agreement;
f. failing to complete Work within the time period specified in this Agreement; and/or
the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Consultant shall discontinue all
services in connection with the performance ofthe Agreement. Within ten(10)days after receipt
of the notice of termination, Consultant shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services. At the same time that the final statement is tendered to the City,
Consultant shall also tender to the City's Representative all of Consultant's instruments of
service,including all drawings,special provisions,field surveynotes,reports,estimates,and any
and all other documents or work project generated by Consultant under this Agreement,whether
complete or not,in an acceptable form and format together with all unused materials supplied by
the City. No final payment will be made until all such instruments of service and materials
supplied are so tendered.
Agreement for Professional Services.Page 8
If this Agreement is terminated for cause,Consultant shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
completing Consultant's services. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City,the City will be entitled to review
and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement.
13. Supervision of Consultant
Consultant is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Consultant under the terms of this Agreement.
14. Billing
The City shall have thirty(30)days to pay Consultant's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the work
or services performed and the date(s) of such work or services. In the event of a disputed or
contested invoice, the parties understand and agree that the City may withhold the portion so
contested, but the undisputed portion will be paid. Consultant shall invoice the City for work
performed no more than once a month and may not invoice the City for work not performed.
Invoices shall be received by the City no later than sixty calendar (60) days from the date
Consultant and or its subconsultants perform the services or incur the expense. Failure by
Consultant to comply with this requirement shall result in Consultant's invoice being denied and
the City being relieved from any liability for payment of the late invoice.
15. Indebtedness.
If Consultant,at any time during the term of this Agreement,incurs a debt,as the word is defined
in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify
the City's Director of Finance in writing. If the City's Director of Finance becomes aware that
Consultant has incurred a debt, the City's Director of Finance shall immediately notify
Consultant in writing. If Consultant does not pay the debt within 30 days of either such
notification, the City's Director of Finance may deduct funds in an amount equal to the debt
from any payments owed to Consultant under this Agreement, and Consultant waives any
recourse therefor.
16. No Boycott Israel.
Consultant agrees that it will not boycott Israel during the term of this Agreement.As used in
this section,"boycott Israel"means refusing to deal with,terminating business activities with,or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel,or with a person or entity doing business in Israel
or in an Israeli-controlled territory, but does not include an action made for ordinary business
purposes.
Agreement for Professional Services.Page 9
17. Reputation in the Community
Consultant shall retain a high reputation in the community for providing professional
architectural engineering services. Consultant shall forward a copy of any current petition or
complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or
omissions inproviding architectural.engineering services and.or(b)seeks to denyConsultant the
right to practice architecture engineering or to perform any other services in the state of Texas.
18. Payroll and Basic Records
Consultant shall maintain payrolls and basic payroll records during the course of the
work performed under this Agreement and shall preserve them for a period of three
years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address of
each such employee, social security number, correct classification, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made and actual
wages paid.
Consultant shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection, copying
or transcription or its authorized representatives within fifteen days ofthe City's request
therefor. Consultant shall permit such representatives to interview Consultant's
employees during working hours on the job.
19. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
20. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,
postpaid and registered or certified,and addressed to the party to be notified,with return receipt
requested,or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three(3)days after it is so deposited.
For the purpose of notice,the addresses of the parties shall be as follows unless properly changed
as provided for herein as follows:
For the City: CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For the Consultant: Terracon Consultants, Inc.
Attn: Noosha Smith, P.E.
551 League City Parkway,Ste.F
League City,TX 77573
Agreement for Professional Services.Page 10
Each party shall have the right from time to time at any time to change its respective address and
each shall have the right to specify a new address, provided that at least fifteen(15) days' written
notice is given of such new address to the otherparty.
21. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to
rely on Professional's performance of its services hereunder, and no right to assert a claim against
Professional by assignment of indemnity rights or otherwise shall accrue to a third party as a result of
this Agreement or the performance of Professional's services hereunder.
22. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating to
this Agreement shall be decided by any arbitration proceeding including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State
arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this
provision,Consultant consents to be joined in the arbitration proceeding if Consultant's presence is
required or requested by the City of complete relief to be recorded in the arbitration proceeding.
23. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same
term or condition.
24. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant in
regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may only
be amended by written instrument approved and executed by both of the parties. The City and
Consultant accept and agree to these terms.
25. No Assignment
Consultant may not sell or assign all or part interest in this Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The City
may require any records or financial statements necessary in its opinion to ensure such sale or
assignment will be in the best interest of the City.
26. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
27. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
Agreement for Professional Services.Page 11
28. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or
against any party hereto on the basis that such party did or did not author the same.
29. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers have
full authority to execute this Agreement and to bind the party he."she represents.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiple copies,each
of which shall be deemed to be an original, but all of which shall constitute but one and the same
Agreement on the day of , 20_, the date of execution by the City
Manager of the City of Baytown.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND,City Attorney
Agreement for Professional Services.Page 12
CONSULTANT:
Terracon Consultants.Inc.
(Company Name)
(Printed Name)
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to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that
lie/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this r day of 20
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Proposal for Construction Materials Testing Services
Water and Wastewater Annexation Projects Package I r Baytown,Texas �formCon
August 24,2022 Terracon Proposal No.P91221137
EXHIBIT "A"
SCOPE OF WORK
PROJECT INFORMATION
This project entails construction of approximately 6,700 linear feet of waterlines and about 7,900
linear feet of gravity sanitary sewer lines along the following streets:
Sheppard Road between W. Cedar Bayou Lynchburg Road and W. Archer Road
John Martin Road between W. Cedar Bayou Lynchburg Road and Harris County drainage
channel (HCFCD Unit No. 0128-00-00).
Connally Road between John Martin Road and Sheppard Road.
Thomas Road between San Jacinto Boulevard and Sheppard Road.
In addition, existing driveway pavement repairs (concrete, asphalt and gravel) are planned along
the project alignment.
Terracon was provided with the following construction documents for preparation of this proposal:
Civil drawings prepared by 5engineering, dated May 26,2022.
Geotechnical report performed by Aviles Engineering Corporation dated May 5, 2021
SCOPE OF SERVICES
Services will be provided when scheduled by the Contractor or the City's representative.
1. Earthwork
Sample backfill and treated material. Prepare and test the samples for the Atterberg
Limits and Moisture-Density Relationship.
Perform field density tests using the nuclear method to determine the moisture
content and percent compaction of the fill.
Cast strength specimen for cement stabilized sand (CSS)and test for compressive
strength at 48 hours.
2. Concrete—(Pavement and miscellaneous Structures)
Sample the fresh concrete for paving and perform required tests, including slump, air
content, concrete temperature, and cast test specimens during placements.
Perform compressive tests of concrete test cylinders cast in the field.
3. Asphalt Pavement
Perform in-situ nuclear density tests to determine the relative percent compaction of
the asphalt at the frequency specified.
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Proposal for Construction Materials Testing Services ;
Water and Wastewater Annexation Projects Package I .. Baytown,Texas hervacon
August 24,2022 .Terracon Proposal No.P91221137
4. Project Management
Review concrete mixes submitted to Terracon, if requested
Coordinate field and laboratory testing,
Communicate with Terracon field technicians, Contractor, and Owner's site
representative,
Review laboratory and field test reports,
Review our budget and invoice.
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Proposal for Construction Materials Testing Services
r�COn
Water and Wastewater Annexation Projects Package I■Baytown,Texas
August 24,2022 .:Terracon Proposal No.P91221137
EXHIBIT "B"
LEVEL OF EFFORT
Fees for our services provided will be based on the unit rates shown in the Budget Table.
Overtime is defined as all hours worked more than 8 per day, and all hours worked on weekends
and holidays. Overtime rates will be 1.5 times the hourly rate quoted.A 4-hour minimum charge
will be applied to site visits other than sample or cylinder pick-ups. All labor, equipment and
transportation charges are billed on a portal-to-portal basis from our office.
COST ESTIMATE
Water and Wastewater Annexation Projects Package I-Connally Area
Terracon Proposal P91221137
Service(as described in proposal) Quantity Unit Unit Rate Estimate
EARTHWORK Engineering Technician 600 hours $ 65.00 $ 39,000.00
Engineering Technician,overtime 75 hours $ 97.50 $ 7.312.50
Standard Proctor 8 each $ 185.00 $ 1,480.00
Atterberg Limits 8 each $ 70.00 $ 560.00
Percent Passing No. 200 Sieve 8 each $ 70.00 $ 560.00
Molding and Compressive Strength Cement Stabilized Sand(set of 4) 4 sets $ 200.00 $ 800.00
Nuclear Gauge 65 day $ 80.00 $ 5,200.00
Vehicle 75 day $ 80.00 $ 6,000.00
Subtotal, Earthwork $ 60,912.50
CONCRETE(pavement
Engineering Technician 120 hours $ 60.00 $ 7,200.00
Engineering Technician,overtime 10 hours $ 90.00 $ 900.00
Concrete Compressive Strength 80 each $ 18.00 $ 1,440.00
Vehicle 15 day $ 80.00 $ 1,200.00
Subtotal,Cast-In-Place Concrete $ 10,740.00
ASPHALT PAVEMENT
Engineering Technician 48 hours $ 60.00 $ 2,880.00
Engineering Technician,overtime 4 hours Is 90.00 $ 360.00
Vehicle 6 day $ 80.00 $ 480.00
Subtotal,Asphalt Pavement $ 3,720.00
PROJECT
Project Manager 60 hours $ 125.00 $ 7,500.00
Clerical 15 hours $ 72.00 $ 1,080.00
Professional Engineer(meetings and consulting) 15 hours $ 200.00 $ 3,000.00
Subtotal,Project Management $ 11,580.00
TOTAL ESTIMATED COST $ 86,952.50
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Proposal for Construction Materials Testing Services
Water and Wastewater Annexation Projects Package I ■ Baytown,Texas Werracon
August 24,2022, Terracon Proposal No.P91221137
EXHIBIT "C"
SCHEDULE
Field testing services will be provided on a"call-out"basis when scheduled by your representative.
A minimum of 24-hours' notice is required to schedule our services, although we will attempt to
meet requests in a shorter time frame. To schedule our services please contact our dispatcher at
(281)557-2900.The dispatch hours are from 07:00 a.m.to 5:00 p.m. Messages left after business
hours will be checked the following business day. Terracon will only provide testing when called
by your representative. The extent of our observations and documentation will be limited to the
items observed during the site visits. Terracon shall not be held responsible for tests not
performed because of a failure to schedule our services or any subsequent damage caused
because of a lack
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