Ordinance No. 16,199ORDINANCE NO. 16,199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH TERRACON
CONSULTANTS, INC., FOR MATERIAL TESTING SERVICES AND
CONSTRUCTION OBSERVATION PROJECT MANAGEMENT SERVICES FOR THE
EAST DISTRICT WASTEWATER TREATMENT PLANT PHASE 2 PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED FIFTY-TWO THOUSAND ONE HUNDRED SIXTY-
FIVE AND NO/100 DOLLARS ($152,165.00); 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 Professional Services Agreement with Terracon
Consultants, Inc., for material testing services and construction observation project management services
for the East District Wastewater Treatment Plant Phase 2 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 ONE HUNDRED FIFTY-TWO THOUSAND ONE
HUNDRED SIXTY-FIVE AND NO/100 DOLLARS (S 152,165.00) 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 by the affinnative vpte ofthe City Couy�cil of the City of
,t
Baytown this the 24`h day of July, 2025. /�
Tr
ANGEJ�YA N, Carty Gkrk r *
APPROVED S3>
SCOTT LEMVND, City Attorney
RAOrdinances and Resolutions\Ordinance Drafts\2025-07-24\PSA with Terracon Consultants for East District Wastewater Treatment Plant Phase
2 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 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 materials testing services for the
East District Wastewater Treament Plant Phase 2 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 or
his designee and (if not terminated in accordance with paragraph 10) shall
terminate:
upon completion of the Work in accordance with this Agreement, including
Exhibits;
X four hundred forty-seven (447J) days following execution by the City ?Manager
or his designee, allowing for up to zero (0) 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
months/days [numerical]) months/days following execution by the City
Manager or his designee, 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 fees are detailed in Exhibit "B."
e. The time schedules for the Work are specified in Fxhibit "C_"
f. Each of these Exhibits "A" tlu-ough "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:
A reemcnt for Consultin - Services, Page 1
i. Materia s Testing Services.........................................................$152,165.00
ii. N/A .................. ...................... ............ ................................... ... .............. $0.00
ell. N/A .......................... ............ ................. ................................................. $0.00
iv. N/A.......................................................................... ............. $0 00
V. N/A................................................................................$0,00
vi. Total Not toExceed...... e e. so$152.165.00
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.
A reement for Professional Services, Papa 2 revised 6.12.2025
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Blaine Harvey, 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 re j ect 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 lo:.ality. 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 disco�jering
A --eement for Professional Services, Page 3 revised 6.I2.20?5
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. ]'he 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.
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
materials tesing service 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
prodded 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 6.12.2025
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
`j Products & Completed operations Aggregate: $2,000,000
Personal & Adverti si ng Inj ury: $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.
Business Automobile Policy
Combined Single Limits: S 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 (I) 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_
A ; eement for Professional Services, Page 5 re'V7sed 6. L 2.2025
i. Insurance carver for all liability policies must have an A.M. Best Rating of
A: VII I or better.
ii. only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
Liability policies must be on occurrence form. Errors and omissions can
e 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.
S. Indemnification and Release
CONSULTANT AGREES To AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITYITS OFFICERS,� g AGENTS, t
AND EMPLOYEES (HEREINAFTER REFERRED To AS THE
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, t
DAMAGES, CAUSES O ACTION, SUITS AND LIABILITY Y oV
EVERY KIND9 INCLUDING ALL EXPENSES of LITIGATION
COURT COSTS, AND ATTORNEYS 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 N EGLIGENCEg
INTENTIONAL TORT? INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE
A - reement for Professional Services Page 6 revised 6.12.2025
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
PANTIES' 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 gg
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 .DECAL COUNSEL
ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED
HEREINADOV.E 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 waivc 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.
A eement for Professional Services, Page 7 revised 6.12.2025
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 or his designee 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) art diligence
refusing or failing to prosecute the work or any separable with the dill p P g
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
P
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 fbr
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.
A -eernent for Professional Services, Pages retriSed t `02
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 Clw'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 C:ity'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 tenn
of the contract to be entered into N��i th 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 (rearm entity or firearm trade association and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
A reem:_nt for Professional Services, Page 9 revised 6.12.2025
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 a ' P � g 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 A eernent
gT ,
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 unlessproperly char ed
as provided changed for herein below:
For the City -
For Consultant:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
TERRACON CONSULTANTS, INC.
Attn: Blaine Purvey
551 W. League City Parkway, Suite F
League City, Texas 77573
Each party shall have the right from time to time at any time to change its respective address
g P 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 b gz' e
entitled to rely on Professional's perfon-nance of its services hereunder, and no right to assert
g 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.
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, an
proceeding under the Federal Arbitration Act 9 U.S.C.Sections ions 1- t 4), or any applicable 'State
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the Cif is subjected to an arbitration proceeding p ,
Y ] tion proc,eedlnb notwithstanding this provision,
Consultant consents to be joined in the arbitration proceeding if Consultant's re presence is wired
P q
or requested by the City of complete relief to be recorded in the arbitration proceeding.
g
A eement for Professional Services Pate 10 revised 6.I2.2025
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, 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.
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 or his designee 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 behal f of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party lie/she represents.
A. reetnent for Professional Services, Page I I revised 6_ 12.2025
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 or his designee of the City of Baytown.
CITY OF BAYTOWN
(Signature)
(Printed Name)
(Title)
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM;
(Signature)
(Printed Name)
(Title)
Agreement for Professional Services, Page 12 revised 6.12.2025
CONSULTANT:
TE RRACON CONSULTANTS, INC.
(Signature)
(Printed Name)
(Title)
STATE OF
COUNTY OF
Before me on this day personally appeared _ in his/her
capacity as , on behalf of such
L
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 ine
that he/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AIND SWORN before me this day of , 20
'Y•••.:• KIMBERLY GREENIG
My Notary ID # 129560367
Expires September 16, 2029
R.\Sc;ott`,Contracts�Professional Services Tempiate-Non Grant,docx
Notary Public 'n and for die State o-.'Texas
Agreement for Professional Services, Page 13 revised 6.12.20�5
Proposal for construction Materials Testing Services
Fast Orstnct Wastewater Treatment Plant Phase 2 Improvements-. Baytown Texas UWUJune 6, 2025 Terracon Proposal No. P91251099
EXHIBIT °'A"
SCOPE OF WORK
The project involves the enhancement of the East District wastewater Treatment Plant located at
3030 Ferry Road in Baytown, Texas.
The improvements will include a new well influent lift station to replace the existing lift station,
replacement of the existing grit pumps with new units featuring immersible motors, installation of
new control panels and electrical equipment on an elevated platform, replacement of the existing
WAS pumps at Clarifier 1 with new pumps and electrical oornponents, replacement of the sludge
transfer pumps with new pumps and electrical equipment along with associated upgrades,
construction of a new belt press dewatering facility, development of a new feed and storage
facility, construction of a new main electrical building, and new plant site lightning. Site Civil
Improvements is also included.
Terracon was provided with the following construction documents for preparation of this proposal:
Project bid ready drawings prepared by Ardurra, dated December 18, 2024.
Project Manual prepared by Ardurra, dated December 2024.
Oeotechnical report prepared by Ceotest Engineering, Inc., Report No. 1140281201,
dated May 18, 2024.
Terracon will provide the following services when scheduled by the Contractor or the City's
representative.
1. Earthwork
Sample utility backfill, subgrade, and chemically treated subgrade soils. 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.
Observe proofrolling operations of the pavement subgrade.
Evaluated the pavement subgrade for chemical treatment.
Observe the chemical treatment process for the pavement subgrade.
Perform field gradation tests on the treated subgrade.
Perform field density tests of the utility backfilt when proper trench safety is provided by
contractor, subgrade, and chemically treated pavement subgrade using the nuclear
method to determine the moisture content and percent compaction of the soil materials.
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Proposal for Construction Materials Testing Services
East District Wastewater Treatment Plant Phase 2 improvernen#s.,A Baytown, Texas �-
June 6, 2025 Terracon Proposal No. P91251099
2. 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.
Within 48 hours of concrete placement:, travel to project site to collect and transport
hardened concrete test cylinders to Terracon's League City laboratory for curing and
testing.
Perform compressive strength tests of concrete test cylinders cast in the field.
3. Structural Steel
Provide certified welding inspector (CWI) at the job site to observe field welding
procedures and visually check bolted/welded connections in accordance with the
applicable AISC and AWS specifications and contract documents.
4. Project Management
Attend construction meetings, if requested.
Coordinate field and laboratory testing.
Communicate with Terracon field technicians, contractor, and owner's site representative.
Review field and laboratory test reports prior to submittal.
Monitor the project budget and invoice.
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Proposal for Construction Materials Testing Services i®�
East District Wastewater Treatment Plant Phase 2 Improvements Baytown, Texas
June 6, 2025 Terracon Proposal No. P91251099
EXHIBIT "B°'
LEVEL OF EFFORT
COMPENSATION
Fees for our services provided will be based on the unit rates shown in the Cost Estimate table.
Overtime is defined as hours worked more than 8 per day, and all hours worked on weekends,
holidays, and night shift (after 8:00 pm and before 6:00 am). Overtime rates will be 1.5 times the
hourly rate quoted. A 4-hour minimum charge will be applied to all 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.
Terracon's cost estimate encom asses the eriod from June 2025 to Seiitember 2026.
Materials Services
East District Wastewater Treatment Plant Phase 2 Improvements
Terracon Proposal No. P91251099
Earthwork
$
95,990.00
Engineering Technician
$
70.00
920
hours
$
64,400,00
Engineering Technician, OT
$
105,00
so
hours
$
8,400.00
Standard Proctor (ASTM D698)
$
185.00
10
tests
$
1,850,00
Optimum Lime Determination
$
450.00
1
tests
$
450.00
Atterberg Limits Determination (3 pt.) (ASTM D4318)
$
85.00
6
tests
$
510.00
Compressive Strength of Stabilized Sand
$
160.00
7
tests
$
320.00
Wash 200 (ASTM D1140)
$
85.00
6
tests
$
510.00
Nuclear Gauge (Equipment)
$
85.00
115
days
$
9,775.00
Vehicle Chai..e
$
85.00
115
trips
$
9,775.00
Cast in Place Concrete
;
36,475.00
Engineering Technician, OT
$
105.00
60
hours
$
6,300.00
Engineering Technician
$
70.00
320
hours
$
22,400.00
Compressive Strength of 6" x 12' Cylinder (ASTM C39)
$
25.00
175
tests
$
4,375,00
Vehicle Chai e
$
85.00
_..
40
trips
-
$
3,400.00
Structural Steel
$
5,575.00
Certified welding Inspector
$
125.00
40
hours
$
5,000.00
Ultrasonic Gauge
$
150.00
1
days
$
150.00
Vehicle Char c
$
85.00
5
trips
$
425.00
Project Management / AdminWtration / Safety
;
14,125.00
Project Manager
$
135.00
75
hours
$
10,125.00
Project Engineer
200.00
5
hours
$
1,000.00
Administrative Staff II
$
75.00
40
hours
$
3,000.00
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Proposal for Construction Materials Testing Services i
East District Wastewater Treatment Plant Phase 2 Improvements Baytown, TexaseF%1wracor
June S, 2025 Terracon proposal No. P91251099
EXHIBIT "C"
SCHEDULING SERVICES
Field testing services will be provided on an "call -out" basis when scheduled by the contractor or
client's representative. A minimum of 24 hours' notice is required to properly schedule our
services, although we will attempt to meet request in a shorter time frame. 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 will only provide testing when called by the contractor or your representative, The extent
of our observations and documentation will be limited to the items observed during the site visits.
It is the responsibility of the client's or contractor's representative to schedule retests in a similar
manner to scheduling our original services. 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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