Ordinance No. 15,946 ORDINANCE NO. 15,946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT FOR CONSULTING SERVICES WITH
ASSOCIATED TESTING LABORATORIES, INC. FOR MATERIAL TESTING
SERVICES FOR THE WEST TEXAS AVENUE DRAINAGE IMPROVEMENT
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED EIGHTY-THREE THOUSAND SEVEN HUNDRED
FORTY-SEVEN AND NO. 100 DOLLARS ($83,747.00); 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 an Agreement for Consulting Services with
Associated Testing Laboratories, Inc. for material testing services for the West Texas Avenue Drainage
Improvement 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 Associated
Testing Laboratories,Inc.in an amount not to exceed EIGHTY-THREE THOUSAND SEVEN HUNDRED
FORTY-SEVEN AND NO/100 DOLLARS ($83,747.00) for consulting services in accordance with the
agreement authorized in Section I 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, provided
that the amount authorized in Section 2 hereof may not be increased or decreased by more than twenty-five
percent(25°o).
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 b vote of the Cit ,Council of the City of
Baytown this the 24'"day of October, 2024.
BRANDON C PETILLO, Mayor
e y
A EST:
1�-
_ rl
A GEL JACKS ;City Clerk
APPR ED AS O F
SCOTT LEMOt4D,City Attorney
R:%Ordinances and Resolutions Ordinance Drafts\2024-10-24 Ordinance Authorizing Consulting Agreement.Assoc Testing Labs.west Tx Ave
Drainage Project.kh.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between Associated Testing
Laboratories, 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 material testing services for the
West Texas Avenue Drainage Improvements 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;
number of months days (spelled out) (number of months'days [numerical])
months days following execution by the City Manager, allowing for up to
number of renewals (spelled out) annual renewals;
the earlier of (a) completion of the Work in accordance with this Agreement,
including Exhibits; (b) number of months days (spelled out) (number of
monthsdays [numerical]) months:days following execution by the City
Manager, allowing for up to number of renewals (spelled out) annual renewals.
C. The scope of the Work is detailed in Exhibit "A."
d. The compensation and professional fess 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. Materials Testing Services (Hourly Not to Exceed)...................$83,747.00
Agreement for Consuhin-Services,Page t
ii. NIA........................................................................................................$0.00
iii. NIA........................................................................................................$0.00
iv. NIA........................................................................................................$0.00
V. N/A............................................................................... $0.00
vi. Total Not to Exceed....................................................................$83,747.00
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 office to meetings at the City
or jobsite only if Consultant does not have a local office within a
fifty (50) mile radius of Baytown. 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 has been approved in writing by the City.
d. Disallowed Expenses
If Consultant has an office in Harris or Chambers Counties, Texas,
Disallowed Expenses shall include travel expenses for professionals
traveling into Harris or Chambers Counties from Consultant's offices
outside of Harris or Chambers Counties.
e. 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.
f. 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 revised 6.12.24
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Michael Cruz, 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 Professional Engineer
Consultant shall keep full-time registered Professional Engineer_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 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 revised 6.12.24
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 completion of the Work. 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
Professional 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.
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.
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
Agreement for Professional Services, Page 4 revised 6.12.24
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
■ 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.
b. The following shall be applicable to all policies of insurance required herein.
Agreement for Professional Services,Page 5 revised 6.12.24
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 furnished 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
INFRINGEMENT,OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE
Agreement for Professional Services, Page 6 revised 6.12.24
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 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 by insurance.
Agreement for Professional Services,Page 7 revised 6.12.24
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;
(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;
(1) 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.
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.
Agreement for Professional Services,Page 8 revised 6.12.24
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.
The City shall pay Consultant the maximum rate permitted by Chapter 2251 of the Texas
Government Code on any past due payment not received within thirty(30) days after the payment
due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect
an invoice payment or interest due under this chapter, the opposing party, which may be the City
or Consultant, shall pay the reasonable attorney fees of the prevailing party.
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 frill-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 terns of the contract against a firearm entity or firearm trade
association.
Agreement for Professional Services, Page 9 revised 6.12.24
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:
Associated Testing Laboratories, Inc.
Attn:Jasbir Singh
10450 Corporate Dr.
Sugar Land, TX 77478
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.
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.
Agreement for Professional Services,Page 10 revised 6.12.24
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.
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.
Agreement for Professional Services,Page 11 revised 6.12.24
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 REYNOLDS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
CONSULTANT:
Associated Tasting Laboratories, Inc.
(Signature)
Priti Singh
(Printed Name)
CEO
(Title)
Agreement for Professional Services,Page 12 revised 6.12.24
STATE OF Texas §
COUNTY OF Fort Bend §
Before me on this day personally appeared Priti Singh in his/her
capacity as CEO , on behalf of such_Associated Testing Laboratories, Inc,
❑X 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 20th_ day of Septernber 2024 .
TIFFANY PRICE
NOU"ID#124576949 1
My Co®miuton Expires Notary bli and for the State of Texas
July 10, 2028
R.+Scott.Contracts Professional Services Template-Non Grant.docr
Agreement for Professional Services,Page 13 revised 6.12.24
Proposal for Construction Materials Testing Services
TESTING G ASSOCIATED West Texas Avenue Drainage Improvements, CIP Project No. DR2001
LABORATORIES July 26, 2024, ATL Proposal No. CP24-023
EXHIBIT A
SCOPE OF WORK
PROJECT INFORMATION
The project includes the following proposed improvements 'removal and replacement of existing storm
sewer along West Texas Avenue with 5'x4' RCB and 7'x4' RCB, with tie-in to existing storm sewer system at
North Jones Street to approximately 100 ft west of N Whiting Street; 'removal and replacement of existing
storm sewer along North Pruett Street with 36" RCP; 3removal and replacement of inlets along West Texas
Ave, West Defee Street, and North Jones Street; 'install inlet, manholes, and junction boxes along West
Texas Avenue, West Defee Street, and North Jones Street;'removal and replacement of water line along
West Texas Avenue;6removal of existing roadway on West Texas Avenue and installation of 9-inch concrete
pavement with 6-inch curb; 'removal and replacement of existing roadway where storm sewer is
constructed on North Pruett Street, West Defee Street, and North Jones Street;'implementation of parallel
parking and pedestrian ramps at intersections along West Texas Avenue;'removal of existing sidewalk and
installation of ADA-compliant sidewalks along West Texas Avenue; and 10installation of streetscape
elements along West Texas Avenue, such as streetlighting, pavers, landscaping, and site furnishings, as a
continuation of the design from previous projects to the east.
Construction work sequence shall be developed in multiple phases. Contractor shall notify Owner prior to
beginning work on subsequent phases.
The following construction documents were reviewed for preparation of this proposal:
- Bid Ready Submittal for West Texas Avenue Drainage Improvements, CIP Project No. DR2001 by
Freese and Nichols, Inc. dated March 25, 2024.
SCOPE OF SERVICES
ATL proposes to provide the following services when scheduled by the Contractor or Owner's
Representative. ATL will adhere to American Society for Testing and Materials (ASTM), ASTM D 3740,
"Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in
Engineering Design and Construction", and ASTM E 329, "Recommended Practice for Inspection and
Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction."
1.0 Earthwork
- Sample pavement lime stabilized subgrade, 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.
-Technical expertise and unequaled client service since 1959-
Proposal for Construction Materials Testing Services
ASSOCIATED West Texas Avenue Drainage Improvements, CIP Project No. DR2001
LABOREATORNG July 26, 2024, ATL Proposal No. CP24-023
- Perform field density tests of the pavement lime stabilized subgrade, 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. ATL 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. ATL understands that the contractor will be responsible for
maintaining the initial curing temperature of the concrete test specimens. ATL 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 ATL laboratory for curing and testing.
- Perform compressive tests of concrete test cylinders cast in the field. ATL requests a copy of the
approved concrete mix design(s) be provided to us prior to placement of the concrete.
3.0 Asphaltic Paving
- Asphalt testing may involve a range of tests to evaluate properties such as density, stability, durability,
and resistance to deformation and cracking. This may include tests such as the Marshall Stability Test,
or the Wheel-Tracking Test.
- Asphalt testing typically focuses on evaluating the properties and performance of the asphalt mixture,
which includes bitumen as well as aggregate materials.
- Cores to test for thickness.
4.0 Project Management
- Attend required construction meetings.
- Coordinate and monitor field and laboratory testing.
- Communicate with ATL field technicians, contractor, and owner's site representative.
- Review laboratory and field test reports and prepare final test reports.
- Monitor ATL's budget and invoicing.
5.0 Additional Services
If work beyond the scope of services listed is requested, ATL will issue a supplement to the Agreement, or
supplemental proposal, that outlines the additional work to be performed and any associated fees.
-Technical expertise and unequaled client service since 1959-
ASSOCIATED Proposal for Construction Materials Testing Services
TESTING West Texas Avenue Drainage Improvements, CIP Project No. DR2001
LABORATORIES May 28, 2024, ATL Proposal No. CP24-023
EXHIBIT B
LEVEL OF EFFORT
COMPENSATION
ATL's estimated budget(s) to perform materials testing services is $83,747.00. 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 the 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.
FEE ESTIMATE
TASK
O.
DESCRIPTION QUANTITY
QUANTITY
1 EARTHWORK
Field Technician 65.00 360.00 Hours 360.00 $23,400.00
Field Technician (Overtime) 97.50 72.00 Hours 72.00 $7,020.00
Standard Proctor 221.00 1.00 Tests 1.00 $221.00
Atterberg Limits, Determinations 68.00 2.00 Tests 2.00 $136.00
Compressive Strength 69.00 8.00 Tests 8.00 $552.00
Lime or Cement Proctor 245.00 3.00 Tests 3.00 $735.00
Lime Determination 271.00 1.00 Tests 1.00 $271.00
Material Finer than #200 52.00 1.00 Tests 1.00 $52.00
Nuclear Gauge (Equipment) 80.00 54.00 Days 54.00 $4,320.00
Vehicle Charge 85.00 54.00 Trips 54.00 $4,590.00
SUBTOTAL $41,297.00
2 CAST IN PLACE CONCRETE
Field Technician 65.00 210.00 Hours 210.00 $13,650.00
Field Technician (Overtime) 97.50 70.00 Hours 70.00 $6,825.00
Concrete Compressive Strength 20.00 124.00 Tests 124.00 $2,480.00
Vehicle Charge 85.00 35.00 Trips 40.00 $2,975.00
SUBTOTAL $25,930.00
3 ASPHALTIC PAVING
-Technical expertise and unequaled client service since 1959-
ASSOCIATED Proposal for Construction Materials Testing Services
TESTING West Texas Avenue Drainage Improvements, CIP Project No. DR2001
LABORATORIES May 28, 2024,ATL Proposal No. CP24-023
Field Technician, HMA 75.00 32.00 Hours 32.00 $2,400.00
Field Technician, HMA 112.50 16.00 Hours 16.00 $1,800.00
(Overtime)
Stability: Hveem (3 per Set) 104.00 4.00 Sets 4.00 $416.00
Extraction and Gradation Test 192.00 4.00 Tests 4.00 $768.00
Specific Gravity 79.00 4.00 Test 4.00 $316.00
Bulk Density of Lab Molded or 59.00 4.00 Sets 4.00 $236.00
Field Specimen (3 Per Set)
Molding Specimens (3 Per Set) 69.00 4.00 Sets 4.00 $276.00
Nuclear Gauge (Equipment) 80.00 4.00 Trips 4.00 $320.00
Vehicle Charge 85.00 4.00 Trips 4.00 $340.00
SUBTOTAL $6,872.00
4 PROJECT MANAGEMENT/ADMINISTRATION/SITE VISITS
Project Enclineer 133.00 48.00 Hours 48.00 $6,384.00
Administrative Staff 68.00 48.00 Hours 48.00 $3,264.00
SUBTOTAL $9,648.00
TOTAL 1 I _ $83,747.00
The Contractor shall ascertain the scope of any observation, inspection or testing which may be
contemplated by the City or the Engineer and shall give ample notice as to the time each part of the Work
will be ready for such observation, inspection or testing.
If any Work is covered without approval or consent of the City, it must, if requested by the City or the
Engineer, be uncovered for examination, at the sole expense of the Contractor. In the event that any part
of the Work is being fabricated or manufactured at a location where it is not convenient for the City or the
Engineer to make observations of such Work or require testing of said Work, then in such event, the City
or the Engineer may require the Contractor to furnish the City or the Engineer with certificates of inspection,
testing or approval made by independent persons competent to perform such tasks at the location where
that part of the work is being manufactured or fabricated.
The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise
provided herein.Any Work which fails to meet the requirements of such tests, inspections or approval, and
any Work which meets the requirements of any such tests or approval but does not meet the requirements
of the Contract Documents shall be considered defective. Such defective Work and any other work affected
thereby shall be corrected at the Contractor's expense.
Neither observations by the City or by the Engineer, nor inspections,certifications,tests or approvals made
by the City,the Engineer or other persons authorized under this Agreement to make such inspections,tests
or approvals, shall relieve the Contractor from his obligation to perform the Work in accordance with the
requirements of the Contract Documents
-Technical expertise and unequaled client service since 1959-
ASSOCIATED Proposal for Construction Materials Testing Services
TESTING West Texas Avenue Drainage Improvements, CIP Project No. DR2001
LABORATORIES July 26, 2024, ATL Proposal No. CP24-023
EXHIBIT C
SCHEDULE
SCHEDULING SERVICES
Materials Field Testing Services will be provided on a call-out basis when scheduled by the Contractor or
Owner's Representative.A minimum 24-hour notice(48-hour notice for structural steel services) is required
to properly schedule ATL's services. To schedule ATL's services, please contact our office at 713-748-3717.
The office hours are from 8:00 AM to 5:00 PM. Messages left after business hours will be checked the
following business day.ATL shall not be held responsible for tests not performed due to failure to schedule
our services or any subsequential damage caused due to a lack of testing.
REPORTING
Results of materials field tests will be reported verbally to available site personnel. Written reports and
observations of materials field tests will be distributed within five (5) business days. Materials test reports
will be distributed through e-mail. Please provide ATL with an approved distribution list prior to the start
of construction of the project.The approved list shall include the company name, address, contact person
name, phone number, and e-mail address for each person.
ATL will only provide materials testing when called by the Contractor or Owner's Representative.The extent
of ATL observations and recommendation will be limited to the items observed during site visits. It is the
responsibility of the City's representative to schedule retests in a similar manner to scheduling of ATL
original services. ATL shall not be held responsible for retests not performed due to failure to schedule of
services or any subsequential damage due to lack of retesting.
LABORATORY REPORTS
The Engineer will receive 1 copy, the Project Manager will receive 2 copies, and the Contractor will receive
2 copies of Laboratory Reports from the testing laboratory. One of the Contractor's copies shall remain at
the Project Site for the duration of the Project. Test results which indicate non-conformance shall be
transmitted immediately via email from the testing laboratory to the Contractor and Project Manager.
SITE ACCESS AND SAFETY
The City shall secure all necessary site related approvals, permits, licenses, and consents necessary to
commence and complete the services and will execute any required site access agreement. ATL will be
responsible for supervision and site safety measures for its employees but shall not be responsible for the
supervision or health and safety precautions for any other parties, including Owner's Representative,
Contractors, subcontractors, or other parties present at the site.
TESTING AND OBSERVATION
The City understands that materials testing, and observation are discrete sampling procedures, and such
procedures indicate conditions only at the depths, locations, and times of the procedures were performed.
ATL will provide test results and opinions based on materials tests and field observations only for the work
-Technical expertise and unequaled client service since 1959
ASSOCIATED Proposal for Construction Materials Testing Services
TESTING West Texas Avenue Drainage Improvements, CIP Project No. DR2001
LABORATORIES July 26, 2024, ATL Proposal No. CP24-023
tested.The City understands that materials testing, and observations are not continuous or exhaustive and
are conducted to reduce, not eliminate project risk. The City agrees on the level or amount of testing
performed and the associated risk. The City is responsible for notifying and scheduling ATL to perform
these service even though delegated to the Contractor. ATL shall not be responsible for the quality and
completeness of Contractor's work or their adherence to the project documents, and ATL's performance of
testing and observation services shall not relieve Contractor in any way from its responsibility for defects
found in its work or create a warranty or guarantee. ATL will not supervise or direct the work performed by
Contractor or its subcontractors and is not responsible for their means and methods.
AUTHORIZATION
Work Authorization to be issued by the City of Baytown.
ATL appreciates the trust the City of Baytown has in us providing materials testing services.We look forward
to participating in the important project for the City. Should you have any questions or need additional
information, please contact us at 713-748-3717.
Respectfully submitted,
ASSOCIATED TESTING LABORATORIES, INC.
(TBPE Firm Registration No. F-4560)
Jasbir Singh, PE Anita Singh, PE
Principal CMT Department Engineer
-Technical expertise and unequaled client service since 1959-