Ordinance No. 15,501 ORDINANCE NO. 15,501
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH TERRACON
CONSULTANTS, INC., FOR MATERIAL TESTING SERVICES FOR THE ROBERT
E. LEE HIGH SCHOOL DRAINAGE RE-ROUTE PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED
FIFTY-FIVE THOUSAND EIGHT HUNDRED TWELVE AND NO/100 DOLLARS
($55,812.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF,
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 material testing services for the Robert E. Lee High School Drainage Re-Route
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 FIFTY-FIVE THOUSAND EIGHT HUNDRED TWELVE
AND NO/100 DOLLARS ($55,812.00) 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 b7aDON
iCAPETILLO,
e City Council of the City of
Baytown this the 27`�'day of July, 2023.
ayor
AT ES ,� t
ANG LA JA S N, City r
t. �'''
APPROVED AS O F
SCOTT LE ,City Attorney
RAKaren AndersonlORDtNANCES\202312023.07.271PSA-RELHighSchoo]DriinageRemuteProject.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement') is 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
a. This Agreement authorizes Consultant to perform construction material testing
services for Robert E. Lee High School Drainage Re-route Project(the"Work")for
and on behalf of the City as specified in the Scope of Work attached as Exhibit"A."
b. This Agreement shall commence on the date of execution by the City Manager and
(if not terminated in accordance with paragraph 10) shall terminate:
❑ upon completion of the Work in accordance with this Agreement, including
Exhibits;
® Three hundred and twenty (320 On-call)) days following execution by the
City Manager;
❑ the earlier of (a)completion of the Work in accordance with this Agreement,
including Exhibits; (b) number of months/days (spelled out) (number of
months/days [numerical]) months/days following execution by the City
Manager.
C. The scope of the Work is detailed in Exhibit "A."
d. Compensation and professional fees are detailed in Exhibit`B."
e. The time schedules for the Work are specified in Exhibit "C."
f. Each of these Exhibits "A" through "C" is 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:
i. Design Phase Services(Lump Sum)...........................................................$0.00
ii. Bid Phase Services(Hourly Not to Exceed)...............................................$0.00
...
rtt. Construction Phase Services (Hourly Not to Exceed).......................$55,812.00
Agreement for Professional Services.Page I Rev.04/19/2023
iv. Additional Services(Lump Sum)...............................................................$0.00
(These services require independent and specific advance,written authorisation)
V. Reimbursable Expenses (Not to Exceed)....................................................$0.00
A. Total..................................................................................................$55,812.00
b. Consultant shall not exceed the fixed contractual amount without written
authorization in the form of a contract amendment.
C. Reimbursable Expenses 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 binding costs;
(b) Postage;
(c) Mileage, for travel from Consultant's local office(within a 25-mile
radius) to meetings at the City or jobsite. Mileage shall be charged
at the current IRS rates;
(d) Travel Expenses, mileage from local office to state or federal
regulatory agency office beyond 100 miles; and
(e) Lodging expenses for destinations beyond 100 miles from
Consultant's local office AND when business hours exceed eight
hours within one business day OR when Consultant's services
require more than one eight-hour day at the destination; provided
such expenses have 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.
Agreement for Professional Services,Page 2
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Edwin Vazquez Martinez, to serve as Project Manager
for the Work performed under this Agreement. Any change of Project Manager
shall require thirty (30) days advance written approval from the City's
Representative.
b. Licensed and Registered Engineer
Consultant shall keep full-time registered engineers licensed in the State of Texas
on staff and assigned to the Work for the duration of its performance of the Work.
C. Data on Consultant's Employees
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.
d. Rejection of Consultant's Employees
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 Director of Public Works and Engineering or his/her designee shall act as the
City's Representative.
b. The City's Representative shall use his or her best efforts to provide nonconfidential
City records for Consultant's use. However, the City does not guarantee the
accuracy or correctness of the documents so provided. Notwithstanding the
foregoing, Consultant 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 represent its best 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
Agreement for Professional Services,Page 3
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
b. Codes and Standards
i, 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 requestor for Work
is made by the City.
ii. 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 with
Texas Department of Licensing and Regulation's rules and regulations.
iii. The codes and standards used in the profession set forth minimum
requirements.These may be exceeded by the 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.
iv. Consultant agrees the services it provides as an experienced and qualified
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 Agreement will
be pursuant to the standard of performance common in the profession.
V. 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.
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.
Agreement for Professional Services,Page 4
7. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to persons 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:
i. 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
e Coverage shall be broad form
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
ii. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for"Any Auto"
■ Waiver of Subrogation required
iii. Errors and Omissions
■ Limit: $1,000,000 for this project
■ Claims-made form is acceptable
■ Coverage will be in force for one (1) year after completion of the
Project
■ Waiver of Subrogation required
iv. Workers'Compensation
■ Statutory Limits
■ Employer's Liability $500,000
■ Waiver of Subrogation required
Agreement for Professional Services,Page 5
b. The following shall be applicable to all policies of insurance required herein:
i. Insurance carrier for all liability policies must have an A.M. Best Rating of
ANIII or better.
ii. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
iii. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
iv. 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.
V. 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.
vi. 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.
vii. Upon request and without cost to the City, loss runs (claims listing)of any
and/or all insurance coverages shall be fumished to the City.
viii. 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.
8. 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
Acreement for Professional services.Page 6
INFRINGEMENT,OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE CONSULTANT OR THE
CONSULTANT'S AGENT,CONSULTANT UNDER CONTRACT,OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
PARTIES). IT IS THE EXPRESS 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.
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 Agreement 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
Agreement for Professional Services,Page 7
services regardless of whether said claims,demands,and causes of action are covered
in whole or in part by insurance.
9. 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.
10. 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 if Consultant breaches this Agreement. A breach of this Agreement shall include, but
not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other 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;
(c) 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
(g) 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 of the 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 survey notes, reports, estimates, and any and all other
documents or work product 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.
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.
Agreement for Professional Services,Page 8
11. Records
Within ten (10) 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. Except for proprietary data, which we are enjoined from sharing.
12. 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.
13. 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(60)calendar 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.
14. 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 thirty(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.
15. Verifications
If Consultant has ten (10)or more full-time employees and Consultant's total compensation under
this Agreement has a value of One Hundred Thousand Dollars($100,000.00)or more,Consultant
makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas
Government Code:
a. the Consultant does not boycott Israel and will not boycott Israel during the term
of the contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy
companies during the term of the contract to be entered into with the City of
Baytown;and
C. the Consultant does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
Agreement for Professional Services,Page 9
16. 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.
17. 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 below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For Consultant:
Terracon Consultants, Inc
Attn: Noosha Smith, P.E.
551 League City Parkway, Ste. F
League City,TX 77573
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 other party.
18. 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 Consultant's performance of its services hereunder,and no right to assert a claim
against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as
a result of this Agreement or the performance of Consultant's services hereunder.
19. 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
Aereement for Professional Services,Page 10
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.
20. 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.
21. 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, 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.
22. 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.
23. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
24. 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.
25. 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.
26. 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.
Agreement for Professional Services.Page l l
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
JASON E. REYNOLDS,City Manager
ATTEST:
ANGEL JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND,City Attorney
CONSULTANT:
Terracon Consultants, Inc.
i
(Signature)
Noosha Smith
(Printed Name)
Regional Manager
(Title)
Agreement for Professional Services,Page 12
STATE OF TEXAS §
COUNTY OF HARRIS§
Before me on this day personally appeared Noosha Smith in
his/her capacity as Regional Manager on behalf of such Terracon
Cf known to me;
❑ proved to me on the oath of ; or
❑ proved to me through his/her current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this-d '�-day of 20-'I
tA
Notary Public n d for the State o T s
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Aereernent for Professional Services.Page 13
551 W League City Parkway, Suite F
1krerracon League City,Texas 77573
P (281)557-2900-2900
Terracon.com
March 30, 2023
City of Baytown
2123 Market St
Baytown, Texas 77522
Attn: Mr. Gregerz Joseph
E: Gregerz.Joseph@baytown.org
Re: Proposal for Construction Materials Testing Services
Robert E. Lee High School Drainage Re-Route
Lee Drive and Gentry Drive
Baytown, Texas
Terracon Proposal No. P91231043
Dear Mr. Joseph,
It is our understanding that Terracon Consultants, Inc. (Terracon) has been selected by the City
of Baytown (City) based solely on our qualifications to provide materials testing services for the
above referenced project. In this proposal we have presented our understanding of the scope of
the project, our proposed services, and our cost estimate.
Proposal for Construction Materials Testing Services �ferracon
Robert E.Lee High School Drainage Re-Route- Baytown,Texas
March 30,2023� Terracon Proposal No.P91231043
EXHIBIT "A"
SCOPE OF WORK
PROJECT INFROMATION
This project involves approximately 1,200 linear feet of underground storm sewer and
approximately 700 linear feet of open channel around Robert E. Lee High School. The project
includes the installation of 7'X4' box culvert, and 18" and 30" outfall structures.
The following construction documents were reviewed for preparation of this proposal:
• Geotechnical Engineering Report No. 21-0096 prepared by Gorrondona Engineering
Services Inc., dated March 31, 2021
SCOPE OF SERVICES
Terracon proposes to provide the following services when scheduled by the contractor or the
client's representative.
1.0. Earthwork
• Sample in-situ material for utility backfill. Prepare and test the samples for Atterberg
limits and moisture-density relationship.
■ Sample cement stabilized sand for utility backfill, prepare test specimens, and test
samples for moisture-density relationship and compressive strength.
■ Perform field density tests of the in-situ material and cement stabilized sand for utility
backfill when proper trench safety is provided by contractor using the nuclear method
to determine the moisture content and percent compaction of the soil materials.
2.0 Cast-in-Place Concrete
• Observe reinforcing steel prior to concrete placement. We will observe the rebar size,
spacing, and configuration. Terracon recommends we be scheduled a minimum of
24 hours prior to concrete placement.
• Sample the fresh concrete and perform tests for slump, air content, and concrete
temperature only; and cast test specimens during placement. Terracon understands
that the contractor will be responsible for maintaining the initial curing temperature of
the concrete test specimens Terracon will record the initial curing temperatures only
when curing boxes are provided by the contractor.
• Within 48 hours of concrete placement,travel to the project site to collect and transport
hardened concrete test cylinders to Terracon's League City laboratory for curing and
testing.
• Perform compressive tests of concrete test cylinders cast in the field.
Terracon requests a copy of the approved concrete mix design(s) be provided to us
prior to placement of the concrete.
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Proposal for Construction Materials Testing Services �fer1'acon
Robert E.Lee High School Drainage Re-Route. Baytown,Texas
March 30,2023. Terracon Proposal No.P91231043
3.0 Project Management
• Attend construction meetings, if requested.
■ Coordinate field and laboratory testing.
• Communicate with Terracon field technicians, contractor, and owners site
representative.
■ Review laboratory and field test reports and prepare final test reports.
• Monitor our budget and invoice.
4.0 Additional Services
If work beyond the scope of services listed above is requested,Terracon will issue a supplement
to the Agreement, or supplemental proposal, that outlines the additional work to be performed
and associated fees.
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Proposal for Construction Materials Testing services ierracon
Robert E. Lee High School Drainage Re-Route • Baytown,Texas
March 30,2023 a Terracon Proposal No.P91231043
EXHIBIT 461331
COMPENSATION LEVEL OF EFFORT
Our estimated budget(s) to perform materials testing services is 555.812.00 Please note that
this is only a budget estimate and not a not-to-exceed price. Fees for our services provided
will be based on the unit rates shown in the cost estimate table attached. Many factors beyond
our control, such as weather and the contractor's schedule, will dictate the final fee for our
services. Labor, equipment,and transportation charges are billed on a portal-to-portal basis from
our office. Quantities for re-tests, cancellations and stand-by time are not included in our
fees and will be tracked separately for the client. If needed, a Change Order for these
additional services will be submitted to the client.
Note 1 - Overtime is defined as 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.
Note 2-A 4-hour minimum charge will be applied to all trips made to provide testing, observation,
and consulting services. The minimum charge is not applicable for trips for sample or cylinder
pick-ups.
Materials Servlas
use High 5chocl Drainage Re-Route
Terraoon Proposal No,P91231043
TOTAL TOM
I Euthwork
Engineering Technician $ 65.W 440.W hours 440.W S28.600m
Engineering Technican,OT $ W.W m.W hours 413.W S3,901W
Standard Proctor S MOD 6.W tests 6.W $1,110.W
Atter1i omits Determination(3 pc) S 85.01, 6.W tests 6.W SSID.W
Compreuive Strength of Cement Stabilised San S Mix) 2.00 tests 2.W $300.W
Wash 200 $ 85.W 6.00 tests 6.W $S10.W
Nuclear Gauge iE4uipment) S 115.W W.W Days W.W $4,2W.W
Vehicle Charge $ 85.W 55.W Trips 55.W $4,625.W
Sob Total fi05.00 $43,855.W
2 [sitln Plain Cnaep
Engineerin[T<c,nician S 6S.W 64.W hours 64.W Smgiim
Engineering Terhnican,or S 92.W 30.W hours 10M $9TS.m
Compressive Strength of 6 x12'Cylinder S I&W 24.01) tests 2eW S432.W
Vehicle Charge 5 W.W 6.W Trips a.m $640-W
Sub Total W6.W $6,21f2.W
a 3 peofectMr,agement/Adminlstracon/Safety
Project Wnager $ mcid W.W hours 30.W S311,50.W
Administrative/Cleritel S 7500 15.W hours 15.W s1,125.W
Project Engineer $ in.00 S.W hours 5.W S62S.W
Sub Total MW $5,750M
TOW 555,g11-W
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Proposal for Construction Materials Testing Services �i('erracon
Robert E.Lee High School Drainage Re-Route Baytown,Texas
March 30,2023 - Terracon Proposal No.P91231043
EXHIBIT "C"
SCHEDULE
SCHEDULING SERVICES
Field testing services will be provided on a "call-out" basis when scheduled by the contractor or
client's representative. A minimum 24 hours' notice (48 hours' notice for structural steel services)
is required to properly schedule our services. To schedule our services please contact our
dispatcher at (281) 557-2900. The dispatch office hours are from 7:00 a.m. to 5:00 p.m.
Messages left after business hours will be checked the following business day. Terracon shall not
be held responsible for tests not performed because of a failure to schedule our services or any
subsequent damage caused due to a lack of testing.
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Proposal for Construction Materials Testing Services �'i Perracon
Robert E.Lee High School Drainage Re-Route . Baytown,Texas
March 30,2023 v Terracon Proposal No. P91231043
REPORTING
Results of field tests will be reported verbally to available personnel at the site. Written reports of
Feld tests and observations will be distributed within five business days. Test reports will be
distributed via e-mail. Please provide Terracon with a distribution list prior to the beginning of the
project. The list will need to include the company name, address, contact person name, phone
number, and e-mail address for each person.
Terracon will only provide testing when called by the contractor or client's representative. The
extent of our observations and documentation will be limited to the items observed during the site
visits. It is the responsibility of your representative to schedule retests in a similar manner to
scheduling our original services.Terracon shall not be held responsible for retests not performed
because of a failure to schedule our services or any subsequent damage caused because of lack
of retesting.
SITE ACCESS AND SAFETY
Client shall secure all necessary site related approvals, permits, licenses, and consents
necessary to commence and complete the services and will execute any necessary site access
agreement. Terracon will be responsible for supervision and site safety measures for its own
employees but shall not be responsible for the supervision or health and safety precautions for
any third parties, including client's contractors, subcontractors, or other parties present at the site.
TESTING AND OBSERVATION
Client understands that testing and observation are discrete sampling procedures, and that such
procedures indicate conditions only at the depths, locations, and times the procedures were
performed. Terracon will provide test results and opinions based on tests and field observations
only for the work tested. Client understands that testing and observation are not continuous or
exhaustive and are conducted to reduce - not eliminate -project risk. Client agrees to the level or
amount of testing performed and the associated risk. Client is responsible (even if delegated to
contractor) for notifying and scheduling Terracon so Terracon can perform these services.
Terracon shall not be responsible for the quality and completeness of client's contractor's work or
their adherence to the project documents, and Terracon's performance of testing and observation
services shall not relieve contractor in any way from its responsibility for defects discovered in its
work or create a warranty or guarantee. Terracon will not supervise or direct the work performed
by contractor or its subcontractors and is not responsible for their means and methods.
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Proposal for Construction Materials Testing Services - lierracon
Robert E.Lee High School Drainage Re-Route < Baytown,Texas r�
March 30,2023 Terracon Proposal No.Pg1231043
4.0 AUTHORIZATION
Work Authorization to be issued by the City of Baytown.
We appreciate the continued trust the City of Baytown has in Terracon and we look forward to
participating in this project for the city. Please contact us at (281) 557-2900 if you have any
questions.
Sincerely,
Terracon Consultants, Inc.
(Firm Registration No. F-3272)
Edwin Vazquez Martinez, EIT Noosha P. Smith, P.E.
Materials Department Manager Regional Manager
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