Ordinance No. 16,413 (Item 8.n.)ORDINANCE NO. 16,413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH ALLIANCE
GEOTECHNICAL GROUP, INC. FOR CONSTRUCTION MATERIALS TESTING
SERVICES FOR THE FIRE STATION 2 REPLACEMENT PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED THIRTY-FIVE THOUSAND SEVEN HUNDRED AND NO/100
DOLLARS ($135,700.00); 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 Alliance
Geotechnical Group, Inc. for construction materials testing services for the Fire Station 2 Replacement
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 Scott Stephens
& Associates, Inc. in an amount not to exceed ONE HUNDRED THIRTY-FIVE THOUSAND SEVEN
HUNDRED AND NO/100 DOLLARS ($135,700.00) 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 affirmative vote of the City Council of the City of
Baytown this the 261h day of February, 2026. / n
YTQ;r
N
ANGELA JAX;KSON, City Clerk
APPROVED AS TO FORM:
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kkISTrN HOLMES, Assistant City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2026-2-26\0rdinance. Approving PSA with Alliance Geotechnical Group for Fire Station 2
Replacement Project.vh.docx
EXHIBIT A
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between Alliance Geotechnical Group,
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 Materials Testing
services for the Fire Station 2 Replacement 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;
O 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;
0 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 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:
Agreement for Consulting Services, Page 1
i. Construction Materials Testing/Observations Services .............$135,700.00
ii. N: A........................................................................................................$0.00
iii. N A .................... ..... ............................................................................. $0.00
iv. N A ............ ............................................................................................ $0.00
V. N A................................................................................ $0.00
vi. Total Not to Exceed..................................................................$135,700.00
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 2.9.2026
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate John Manzanilla, E.T., 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 Engineers
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.
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
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
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
Agreement for Professional Services, Page 3 revised 2.9.2026
b. Codes and Standards
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-Iisted 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 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
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, volunteers, employees or subconsultants
Agreement for Professional Services, Page 4 revised 2.9.2026
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:
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.
h. The following shall be applicable to all policies of insurance required herein.
Insurance carrier for all liability policies must have an A.M. Best Rating of
A: V III or better.
Agreement for Professional Services, Page 5 revised 2.9 2026
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
CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
Agreement for Professional Services, Page 6 revised 2.9,2026
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.
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.
Agreement for Professional Services, Page 7 revised 2.9.2026
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) 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.
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.
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.
Agreement for Professional Services, Page 8 revised 2.9.2026
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 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.
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.
Agreement for Professional Services, Page 9 revised 2.9.2026
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:
For Consultant:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
Alliance Geotechnical Group, Inc.
9101 Jameel Road
Suite 130
Houston Texas 77040
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 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.
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
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 2.9.2026
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 behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
Aereement for Professional Services, Page 1 l revised 2.9.2026
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 2.9.2026
CONSULTANT:
ALLIANCE GEOTECHNICAL GROUP, INC.
(Signature)
(Printed Name)
STATE OF US
COUNTY OF tk!�RlIS
Before me on this day personally appeared AgV2tg-� - N.Vxnec in is, er
capacity as _�.tsr� --, on behalf of such �ill;anr! (-Kl}t�chrliCg( C']s�[)G
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 1141Aday of EAMAW , 20A(-f
DANIELLE D JENKINS
7' Notary Public, State of Texas
S"I*.—T Comm Expires 03-12-2029
Notary ID 132962793
R Scott Contracts Professional Services Template -Non Grant docx
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Agreement for Professional Services, Page 13 revised 2.9.2026
ALL"KE
GGEOTECHNICRL
GROUP
EXHIBIT A - SCOPE OF SERVICES
CONSTRUCTION MATERIALS ENGINEERING & TESTNG
GEOTECNNICAL ENGINEERING
CONSTRUCTION INSPECTION SERVICES
FORENSIC STUDIES
The following scope of services is based on our review of the project plans dated November 2025,
Geotechnical report No. No. 24-0597 dated December 2024, and is limited to providing testing and/or
observations for the previously mentioned construction. We request that your construction
representative provide us with 24 hours' notice for scheduling purposes. We agree to provide the
appropriate personnel to perform the construction materials services below:
♦ Earthwork Testing
Proof Roll and subgrade verification to be performed in building pad and paving
subgrade areas.
The enclosed budget allows up to thirty-five inspection days to monitor onsite
earthwork relating to Building Pad Fill, Pavement Fill, and Utility Backfill. AGG has
assumed that monitoring is performed for an average of 10 hours per day during
these tasks. This duration could vary depending on the earthwork contractor's
schedule and production.
Obtain and perform laboratory moisture/density relations (ASTM D698/D1557/D558,
TEX-113-E, TEX-114-E) and soil classification tests (liquid limit, plastic limit, and
percent finer than no. 200 sieve analysis) for each soil type.
AGG will perform in -place moisture/density tests at the Building Pad, Pavement, and
Utilities areas.
♦ Concrete Testing
The enclosed budget allows up to forty inspection days for concrete pours and rebar
inspections related to: Slab on Grade, Grade Beams, Slab on Metal Deck, Ramps,
Concrete Pavement, Sidewalks, Driveways, Generator Pad, and Dumpster Pad,
Concrete Flumes, and Light Pole Bases.
During concrete pours, for each intended use, AGG shall sample concrete from the
first concrete truck on each day of concrete pouring and a minimum of one truck
every 50 cubic yards for structural pours, one truck every 100 cubic yards for paving
and miscellaneous placements, or as requested by the contractor.
Perform testing and inspections during concrete placements, which will include:
■ Collect a copy of the batch ticket and verify that the mix design matches the
reviewed submittal.
• Collect a sample in accordance with ASTM C172.
■ Perform slump test in accordance with ASTM C143.
• Perform air content test in accordance with ASTM C231 or ASTM C173.
■ Perform unit weight test in accordance with ASTM C138.
• Record concrete temperature in accordance with ASTM C1064.
• fabricate cylinders molded and standard -cured in accordance with ASTM C31;
either four 6" x 12" or five 4" x 8".
• Perform compression testing in accordance with ASTM C39.
♦ Drilled Shafts Inspection & Testing
The enclosed budget allows up to twelve inspection days for drilled shaft inspection
and concrete pours related to:
Dallas • Fort Worth • Frisco • Houston • Huntsville • Longview
9101 lameel Road, Suite 130 • Houston, Texas 77040
Tel 713.936.9619 • www aggengr.com
'ACC
.LE 017E�
4(iEO"
T"E�CM'
CML
GROUP
CONSTRUCTION MATERIALS ENGINEERING & TESTING
GEOTECHNICAL ENGINEERING
CONSTRUCTION INSPECTION SERVICES
FORENSIC STUDIES
Drilled Shaft List
Type
Qty
Diameter
LF/Shaft
Total LF
P1
32
18"
63
2016
P2
17
18"
70
1190
P3
15
24"
75
1125
P4
13
30"
75
975
P5
4
30"
75
300
Total
81
5606
♦ MasonryTesting
The enclosed budget allows up to ten inspection days for grout and mortar
inspections related to: CMU walls and dumpster enclosure.
♦ Structural Steel Inspections
• The enclosed budget allows up to five inspection days for visual -observations and
ultrasonic inspections related to the 1" floor and 2"d floor of the building.
Dallas • Fort Worth • Frisco • Houston • Huntsville • Longview
AM9101 Jameel Road, Suite 130 • Houston, Texas 77040 Nm ..WTG*" Tel 713-936.9619 • wvwv aggengr cam
ACCREDITED
Certificate # 6814 01
-- -�--- -----34C
29-Jan-26
Exhibit B - Compensation & Fees
Construction Materials Engineering & Testing Services for
City of Baytown - Baytown Fire Station No. 2
Description
Procedure fCJ
Units
Quweay
Ulm* Pike
Total
Earthwork
Earthwork Inspection and Testing
1400
hour
230
$ 80,00
$ 18.400 00
Earthwork Inspection and Testing Overtime
1401
hour
50
$ 120.00
$ 6,000.00
Nuclear Gauge Fee
1340
day
30
$ 125.00
S 3.750,00
Liquid Limit, Plastic Limit, and Plasticity Index of Soils
ASTM D4318
each
10
$ 75,00
S 750.00
Laboratory Determination of Water Content of Soil and Rock by Mass
ASTM 02216
each
5
$ 2500
S 12500
Laboratory Compaction Characteristics of Soil Using Standard Effort
ASTM 0698
each
5
S 225.00
$ 1,125.00
Material in Soils Finer than No 200 Sieve
ASTM D1140
each
5
$ 75.00
S 37500
Concrete
Concrete Technician
1000
hour
260
$ 7000
$ 18,200 00
Concrete Technician Overtime
1001
hour
15
S 10500
$ 1,575.00
Concrete Cylinder Pick Up
1008
lump sum
30
$ 29500
S 8,85000
Compressive Strength of Cylindrical Concrete Specimens
ASTM C39
each
150
$ 35.00
$ 5 250.00
Piers
Pier Inspection
1200
hour
95
$ 80.00
$ 7,600.00
Pier Inspection Overtime
1201
hour
50
S 120.00
$ 6,000,00
Concrete Cylinder Pick Up
1008
lump sum
15
$ 295.00
$ 4,42500
Compressive Strength of Cylindrical Concrete Specimens
ASTM C39
each
50
$ 3500.
S 1,75000
Masonry
Masonry Inspection
1500
hour
60
S 8000
S 4,800.00
Compressive Strength of Molded Masonry Mortar Cylinders and Cubes
ASTMA6C780-
each
60
$ 35.00
$ 2,100,00
Sampling and Testing Grout (Grout Prisms)
ASTM C1019
each
40
$ 50.00
S 2,000,00
Concrete Cylinder Pick Up
1008
lump sum
10
S 295.00
$ 2,950.00
Structural Steel
CWI Structural Steel Visual Site Inspection
1900
hour
32
S 9500
$ 3,040,00
Ultrasonic Testing plus materials
1930
hour
8
$ 12000
S 96000
Personnel
Project Manager
1307
hour
130
$ 18000
S 23,400 00
Geolechnical Engineer
1303
hour
10
S 165.00
$ 1,650.00
Vehicle Trip Charge
1322
trip
125
S 8500
$ 10,625 00
TOTAL
i 136,71A40
T" ALLIANCE 2026 HOUSTON
GEOTECHNICAL
GROUP FEE SCHEDULE
CONSTRUCTION MATERIALS TESTING SERVICES
EARTHWORK SERVICES
ASTM D698 $ 225 00 Each
ASTM D1557
TEX 113-E
TEX114-E
ASTM D4253
TEX 117-E Pt. 1
TEX 117-E Pt. 2
TEX 112-E
(PI Method)
TEX 121-E Pt. 3
(pH Method)
ASTM D4318
TEX 104,E-E
TEX 145-E
TEX 146-E
TEX 101-E Pt. 3
TEX 140-E
ASTM D4318
ASTM D4546
ASTM C 117
ASTM D1140
TEX 111-E
ASTM D6938
TEX 115-E
ASTM D 136
TEX 401-A
TEX 110-E
TEX 120-E Pt. 1
(Proctor Only)
TEX 120-E Pt. 2
(Per Cement percentage)
Moisture/Density Relations
Relative Density
Triaxial Compression for Disturbed Soils and Base
Lime Series Determination
Atterberg Limits
Soluble Sulfate Test for Paving Subgrade
Sulfate Conductivity Field Test
Lime Gradations
Lime Depth
Lime PI Verification
Free Swell Testing
Percent Passing #200 Sieve
In -Place Density Test
Aggregate Gradation
Flex Base Sieve Analysis
Soil -Cement Testing
$ 225.00 Each
$ 225.00 Each
$ 225.00 Each
$ 385.00 Each
$2,350.00Each
$2,350.00 1 Each
$ 260.00 1 Each
$ 260.00 1 Each
$75.00 1 Each
$125.00 Each
$ 95.00 Each
$ 20.00 1 Each
$ 20.00 Each
$75.00 Each
$120.00 Each
$ 75.00 1 Each
$ 20.00 1 Each
$ 105.00
Each
$ 205.00
Each
$ 225.00
Each
$ 150.00 1 Each
TEX 121-E Pt. 1 $ 225.00 Each
(Proctor On(y)
TEX 121-E Pt. 2
Soil -Lime Testing $150.00 Each
(Per Lime percentage)
TEX 121-E Pt. 3
$ 245.00 Each
(pH Series)
LABORATORY TESTING
TEX 148-E
Soil Organic Content
$ 525.00
Each
TEX 129-E
Resistivity of Soil Materials
$ 315.00
Each
TEX 128-E
Determination of Soil pH
$ 40.00
Each
ASTM C127
$155.00
Each
(Coarse)
Specific Gravity of Aggregates
ASTM C
$155.00
Each
(Fine)
ASTM C29
Unit Weight Determination of Aggregates
$ 75.00
Each
ASTM D2419
241
TEX 2
Sand Equivalent
$155.00
Each
ASTM C131
ASTM C535
L.A. Abrasion
$ 260.00
Each
ASTM C88
TEX 411-A
Sulfate Soundness of Aggregates
$ 470.00
Each
TEX 116-E
Wet Ball Mill of Flexible Base
$ 315.00
Each
ASTM C40
C40
TEX
Organic Impurities
$ 75.00
Each
ASTM C142
TEX 413-A
-- -- --
Deleterious Materials
--- ------
$ 65.00
Each
ASTM D4791
TEX 280-F
Flat and Elongated Particles
$155.00
Each
TEX 612-J
Acid Insoluble Residue
$ 260.00
Each
CONCRETE SERVICES
Concrete Mix Design Review
$200.00
Hour
ASTM C39
TEX 418-A
Concrete Test Cylinders
$ 35.00
Each
ASTM C78
Flexural Strength
$ 65.00
Each
ASTM C138
Flexural Strength Specimen Unit Weight
$ 25.00
Each
Concrete Trial Batch per Design (excludes
compression or flexural strength testing)
$1,200.00
Each
By Engineer
$ 185.00
Hour
Concrete Batch Plant Inspection
By Sr. Technician
$ 105.00
Hour
ASTM C496
Splitting Tensile Strength
$ 45.00
Each
ASTM C944
Abrasion Resistance of Concrete
$ 780.00
Each
Floor Flatness (4 hours min. per trip)
$ 150.00
Hour
Concrete Penetrating Radar
$150.00
$ 100.00
Hour
Hour
Post Tension Inspection
ASTM C1260
Potential Alkali Reactivity ,
$1,110.00
Each
ASTM C1567
$2,300.00
Each
ASTM C295
Petrographic Analysis (plus shipping costs)
$2,600.00
Each
Estimated Shipping Costs
Quote as needed
MASONRY TESTING
ASTM C109
Non -Shrink Grout Compression Cubes (3 cube min.
per age date using 2-In. cube specimens)
$ 30.00
Each
ASTM C780-A6
Mortar Test Cubes (3 cube min. per age date using 2-In.
cube specimens)
$ 35.00
Each
ASTM C1019
Masonry Grout Test Prisms
$ 50.00
Each
ASTM C1314
Composite Masonry Prisms for each Masonry Type
(break only)
$ 235.00
Each
CORING SERVICES
2.0" Core (vertical) for depth only (plus technician
time)
$ 90.00
Each
2.0" Core (vertical) per inch (plus technician time)
$15.00
Inch
4.0" Core (vertical) per inch (plus technician time)
$18.00
Inch
6.0" Core (vertical) per inch (plus technician time)
$ 20.00
Inch
Coring Rig Daily Rate
$ 250.00
Day
4.0" Core (horizontal & overhead) per inch (plus
scaffolding cost & technician time)
Quote upon
request
6.0" Core (horizontal & overhead) per inch (plus
scaffolding cost & technician time
Quote upon
request
ASTM C42/C39
Concrete Core Compressive Strength Test
$ 50.00
Each
Ferroscan (for rebar locates)
$150.00
Hour
Core Patching
$10.00
Per
hole
Core Sawing and End Preparation
$ 25.00
Each
ASTM C1542
Core Length Measurement
$ 20.00
Each
ASTM C174
Measuring Thickness of Concrete Using Drilled
Concrete Cores
$ 50.00
Each
ASTM C1604
Testing of Drilled Cores of Shotcrete
$ 50.00
Each
ASPHALT SERVICES
TEX 236-F
Extraction and Gradation by Ignition Oven
$ 200.00
Each
Theoretical Maximum Specific Gravity
TEX 227-F
$ 90.00
$100.00
Each
Density Gauge Usage Fee with Full -Time Level 1 B
Day
Technician (no charge for individual test)
TEX 207-F Pt. 1
Density of Compacted Core
$ 85.00
Each
TEX 242-F
$ 885.00
Each
Hamburg Wheel Track
Weekend or Holiday Rate
$1500.00
Each
TEX 200-F
Sieve Analysis of Fine and Coarse Aggregates
$ 125.00
Each
TEX 241-F
Superpave Gyratory Compaction
$155.00
Each
TEX 244-F
Thermal Profile of Hot Mix Asphalt
$ 260.00
Each
TEX 1001-5
Operating Inertial Profilers and Evaluating Pavement
$ 285.00
Hour
Profiles
HMAC Level 1A Plant Specialist
$ 90.00
Hour
HMAC Level 1 B Roadway Specialist
$ 90.00
Hour
HMAC Level II Mix Design Specialist
$100.00
Hour
STEEL SERVICES
Visual Inspection of Structural Steel and Bolted
Connections (5 hours min. per trip) $ 95.00 Hour
Pull Testing (Anchor Bolt, Rebar, Soil Nail) (includes all
pulls) (5 hours min. per trip) $ 95.00 Hour,
Fireproofing Inspection $ 85.00 Hour
Magnetic Particle Testing (plus materials)
(5 hours min. per trip)
$100.00
Hour
Liquid Penetrant Testing g (plus materials)
_
(5 hours min. per trip)
$ 100.00
Hour
Ultrasonic Testing (plus materials)
$ 120.00
Hour
(5 hours min. per trip)
ASTM E605
Thickness and Density of Sprayed Fire -Resistive
$ 59.00
Each
Materials
$ 59.00
Each
ASTM E736
Cohesion/Adhesion of Sprayed Fire -Resistive Materials
PERSONNEL AND VEHICLE SERVICES
Principal
$ 285.00
Hour
Office Manager
$215.00
Hour
Senior Geotechnical Engineer
$215.00
Hour
Geotechnical, Engineer
$165.00
Hour
Staff Engineer
$145.00
Hour
Project Manager
$ 180.00
Hour
Technician NICET 111
$90.00
Hour
Technician NICET If
$89.00
Hour
HMAC 1 A. 1 B
$80.00
Hour
SB101, SB102
$80.00
Hour
_
ACI Certified Technician to Perform Concrete Field
Testing
$ 70.00
Hour
Nuclear Gauge Certified Technician to Perform Soils
Density Testing
$ 80.00
Hour
Concrete Technician
$70.00
Hour
Masonry Technician
$80.00
Hour
Senior Engineering Technician to Perform Concrete
Reinforcing Steel or Drilled Pier Inspections
$80.00
Hour
Clerical (as needed)
$ 65.00
Hour
Per Trip
Vehicle Charge
$ 85.00
Trip
p
Full Day
$130.00
Day
Concrete Test Cylinder Pick -Up Charge
$295.00
LumpSum
NOTES
1. Overtime rates of 1.5 times the regular hourly rate will be charged for any hours worked over
eight (8) hours per day, Monday through Friday, or any time before 7:00 a.m. or after 5:00 p.m.
Services performed on Saturdays and Sundays will be billed at 1.5 times the regular hourly
Rate while services performed on recognized holidays will be billed at 2.0 times the regular
hourly rate.
2. All services will be billed at a 4-hour minimum unless noted otherwise.
3. All field testing will be billed portal to portal.
4. Any additional tests will be billed at an hourly rate and charged at the applicable rate,
portal-to-portal.
5. Additional tests not specified in this proposal will be quoted upon request.
6. Any technician standby, non -readiness charges, and/or trips or re -test of the failing test will
be billed using the unit shown above.
7. Hours are billed to the nearest whole hour.
I C _ML
AL11NPiCE
GROUP
EXHIBIT C -SCHEDULE
CONSTRUCTION MATERIALS ENGINEERING & TESTING
GEOTECHNICAL ENGINEERING
CONSTRUCTION INSPECTION SERVICES
FORENSIC STUDIES
Dispatch scheduled hours are Monday -Friday from 7:00 am to 5:00 pm. Schedule calls made after these
hours will be returned in the order received. Please make sure to schedule work in a timely manner (a
minimum of 24 hours in advance) if you want Alliance to guarantee a technician on site at the desired
time. The dispatch phone number is 713-936-9619. Note: You must reference Alliance's job project
number to schedule services. If the project number is unknown, please reference the cost estimate
number shown on the CMT acceptance form.
Dallas a Fort Worth a Frisco a Houston a Huntsville a Longview
AM9101 Jameel Road. Suite 130 • Houston. Texas 77040
w.roa. Tel 713-936-9619 a www aggengr com ACCIIEDITFPj