HomeMy WebLinkAboutOrdinance No. 16,593 (Item 9.l.)ORDINANCE NO. 16,593
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH QUARTET
ENGINEERS CORPORATION FOR CONSTRUCTION MATERIALS TESTING
SERVICES FOR THE MARKET STREET REVITALIZATION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED FOUR -HUNDRED, FORTY-SEVEN THOUSAND, THREE -HUNDRED,
SIXTY-FIVE AND NO/100 DOLLARS ($447,365.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE 1T 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 Quartet
Engineers Corporation for construction materials testing services for the Market Street Revitalization
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 Quartet
Engineers Corporation in an amount not to exceed FOUR -HUNDRED, FORTY-SEVEN THOUSAND,
THREE -HUNDRED, SIXTY-FIVE AND NO/100 DOLLARS ($447,365.00) for professional services in
accordance with the agreement authorized in Section 1 hereinabove.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
252.048, the City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less,
subject to the provision that the original contract price may not be increased by more than twenty-five
percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor
to such decrease.
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 10th day of September, 2026.
CHARLES JOHNSON, Mayor
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2026-09-IO\Ord-Quartet-Materials Testing -Mkt
St-SL.docx i
EXHIBIT A
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between Quartet Engineers Corporation
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 Market Street Revitalization 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:
X 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 or his designee, 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
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 time schedules for the Work are specified in Exhibit "B."
e. Each of these Exhibits "A" through "B" 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. Construction Materials Testing Services...................................$447,365.00
ii. N/A........................................................................................................$0.00
Agreement for Consulting, Services, Page 1
N/A........................................................................................................$0.00
iv. N/A........................................................................................................$0.00
V. N/A................................................................................$0.00
vi. Total Not to Exceed..................................................................$447,365.00
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.
3. Personnel of Consultant
a. Consultant's Project Manager
Agreement for Professional Services, Page 2 revised 9.19.2025
Consultant shall designate Samuel N Smith, P.E., 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 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 Engineeing 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
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
b. Codes and Standards
Agreement for Professional Services, Page 3 revised 9.19.2025
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
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.
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
Agreement for Professional Services, Page 4 revised 9.19.2025
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.
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.
i. Insurance carrier for all liability policies must have an A.M. Best Rating of
A: V III or better.
ii. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
Agreement for Professional Services, Page 5 revised 9.19.2025
in. 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.
vii/. 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 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 NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE
CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES
HERETO, BOTH CONSULTANT AND THE CITY, THAT THE
Agreement for Professional Services, Page 6 revised 9.19.2025
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 9.19.2025
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. Furthennore, 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 9.19.2025
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 (S 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 9.19.2025
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
Quartet Engineers Corporation
Attn: Vijay K Jha, P.E.
2313 W. Sam Houston Pkwy N., Suite 121
Houston, TX 77043
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 9.19.2025
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 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 1 I revised 9.19.2025
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 9.19.2025
CONSULTANT:
QUARTET ENGINEERS CORPORATION
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Printed Name)
Title)
STATE OF _S §
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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.
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QUARTET
E N G I N E E R S
F,XHIRIT A
SCOPE OF WORK
Quartet Engineers Corporation
2313 W Sam Houston Pkwy N, Ste 121
Houston, TX 77043
Toll Free: 1-844-MAT-CHECK (628-2432)
Email: services@quartet-eng.com
Web: www.quartet-eng.com
TBPE Reg. No.: F-17380
An A2LA (ISO 17025) Accredited Company
A21LA Certificates No.: 6319.01 & 6319.02
SBE/DBE/MBE/ACDBE/HUB Certified
The general scope of Construction Materials Engineering and Testing (CMET) services for this project may include
the following services, as requested by the Client and required by the project plans and specifications.
Soil and Earthwork Observation and Testing:
Testing and observation of earthwork operations will be conducted in accordance with the project plans and
specifications. Earthwork testing will include proof -rolling, field monitoring, and compaction testing during
trench backfill for underground utilities, embankment fill placement and testing of subgrade treatment for
roadway, roundabouts, sidewalks and trail. Additionally, laboratory sample testing will be performed to
determine fill suitability, lime content, compaction proctor, cement -sand compressive strength, and other
required tests, along with engineering recommendations.
Estimated Quantity: One hundred eighty (180) site visits for both lab samples pickup and field observation
and testing
Concrete Observation and Testing:
Portland Cement Concrete placement for Roadway Pavement, Sidewalks, Curbs, Driveways,
Medians/Islands, Bridge Modification, Headwalls and Drainage Structures, and Traffic Signal Foundations
will be monitored and tested according to the project plans and specifications.
Estimated Quantity: One hundred seventy (170) site visits for both concrete placement testing and cylinder
pickup the following day.
Asphalt Testing:
The laydown of asphaltic concrete will be monitored and tested in accordance with the applicable Harris
County and City of Baytown Construction Specifications. Testing will be conducted on the 8" black base
detour pavement, and 2" asphalt overlay on bridge.
Estimated Quantity: Ten (10) site visits for sampling, observation, and testing
Engineering Services and Project Management:
A licensed project engineer will attend virtual or in -person preconstruction and progress meetings, review
construction materials engineering reports, provide engineering recommendations, and offer other services
as required by the city.
The above quantities are estimates provided for budgeting purposes only. Actual testing and inspection services will
be performed as requested by the Client and as required by the construction schedule and project specifications.
Billing will be based on actual time and materials in accordance with the attached fee schedule.
INITIAL:
ProposalQCX-26-0156: CMTSere ces fora?arket Street Revitafization, COB Project No. 9ZCD'WY2005, VTINNo. 21102MIFI12201, 7farris County, Baytown, TX
Quartet Engineers Corporation
2313 W Sam Houston Pkwy N, Ste 121
Houston, TX 77043
Toll Free: 1-844-MAT-CHECK (628-2432)
Email: services@quartet-eng.com
Web: www.quartet-eng.com
TBPE Reg. No.: F-17380
An A2LA (ISO 17025) Accredited Company
A2LA Certificates No.: 6319.01 & 6319.02
SBE/DBE/MBE/ACDBE/HUB Certified
EXHIBIT B
B1: COMPENSATION AND PROFESSIONAL FEES
All basic charges for construction materials engineering services, including sampling, field and laboratory testing, and inspection
services performed by Quartet Engineers, will be in accordance with the attached Fee Schedule and Cost Breakdown Estimate
for Construction Materials Testing. Any additional special inspections and testing services required by the Client will be billed
according to the Harris County Fee Schedule or as approved by the City of Baytown. Invoices are due within 30 days of receipt
at our office located at 2313 W Sam Houston Pkwy N, Suite 121, Houston, TX 77043.
A minimum charge of four (4) hours for the field technician, vehicle, and equipment (where charged at an hourly rate)
will apply to each visitto the project site oran authorized offsite location forsampling, observation, inspection, ortesting
as outlined in the Fee Schedule.
Services not listed in the Fee Schedule maybe performed at the City's request and will be billed according to the current
Harris County Fee Schedule for Construction Materials Testing Services.
Overtime: Services provided beyond normal working hours (6:00 AM to 6:00 PM, Monday through Friday), including
travel time, or services provided on official holidays or weekends, will be charged at 1.5 times the hourly rates.
The attached estimate represents our best effort assessment of the costs involved and is provided as guidance to the
Client. As the general contractor has control over the site and scheduling, actual costs may vary from the estimate.
Field testing and observation services will be scheduled on a call -out basis upon request from the City's representative
or contractor, with City approval. A minimum of 24 hours' notice is required to schedule field testing services.
Our services will be provided on a call -out basis, and we will not be offering full-time observation or construction
management for the project. Quartet Engineers will only observe and test materials as requested by the client and report
the results.
Quartet Engineers Holidays: New Year, Good Friday (before Easter), Memorial Day, Independence Day, Labor Day,
Thanksgiving Day (2 days: Thursday & Friday) and Christmas Eve and Christmas Day (2 Days).
INITIAL:
Proposa(QC7f-26-0156.• CMTSenaces forfRarketStreet riZevitalization, COB (Project No. (R.01VY2005, 7XPlNNo. 21102M'FP 201, Rams County, Baytown, TY'
Quartet Engineers Corporation
2313 W Sam Houston Pkwy N, Ste 121
Houston, TX 77043
Toll Free: 1-844-MAT-CHECK (628-2432)
Email: services@quartet-eng.com
Web: www.quartet-eng.com
g U A R T E T TBPE Reg.
An AZ LA (ISOO 17025) 025) Accredited Company
E R A2LA Certificates No.: 6319.01 & 6319.02
SBE/DBE/MBE/ACDBE/HUB Certified
B2: Fee Schedule and Cost Breakdown Estimate for Construction Materials Testing & F,nvineering Services
Service
Code
Service Description Unit Rate Quantity Amount
Earthwork: Soil Samples Pickup, Observation and Testing of Trench Backfill, Embankment Fill, Subgrade Lime
Monito ing and Testing - QEC estimates 180 trips, see scope of ivoi
10750 Certified Engineering Technician Hour 65.00 2,520 163,800.00
90100 Liquid and Plastic Limits ASTM D4318 Each S60.00 30 1,800.00
20800 Percentage Passing #200 Sieve (ASTM D1140) Each 55.00 30 1,650.00
92300 OMD Standard Compaction (ASTM D698) Each 230.00 18 4,140.00
94500 OMD Standard Compaction, (ASTM D698) - Treated Each 255.00 15 3,825.00
92400 OMD Modified Compaction (D1557) Each 260.00 4 1,040.00
94400 Compressive Strength Treated Base (Tex-120E) Each 290.00 10 2,900.00
20100 Sieve Analysis - Coarse Aggregates (C136) Each 60.00 20 1,200.00
94100 Cement Sand Compressive Strength (D 1633) Each 80.00 28 2,240.00
92800 Determination of Optimum Lime Content - PI Method Each 260.00 10 2,600.00
92600 Percent Solid in Lime Slurry Each 40.00 30 1,200.00
95100 Nuclear Density Gauge max 8 hours per dav) Hour 12.00 1,240 14,880.00
15000 Vehicle Char e/Trans ortation (max 8 hours per day) Hour 12.00 1,350 16,200.00
11500 Administrative Assistant and Clerical Support Report 35.00 280 9,800.00
10200 Project Engineer, P.E., report review per report Report 80.00 280 22,400.00
Subtotal 249,675.00
Concrete: Observation and Testing for Paving, Driveway, & Curb, Pavement Coring, and Collection of Cylinders -
QEC estimates 170 tri s or bothfield testing on pour day and Collection of Cylinders the ollowing day, See Scope of Work 10750
Certified Engineering Technician Hour 65.00 1540 100,100.00 30050
Concrete Mix Design Review Each 250.00 6 1,500.00 30100
Concrete Compressive Strength Cylinders ASTM C39 Each 20.00 1,400 28,000.00 30900
Concrete Coring 4" Diameter to 6" Thickness),ASTM C42 Each 120.00 20 2 400.00 31
l l2 Concrete Coring (4" Dia, Thickness (Over 6" to 12"), C42, for 9- inch
and 11-inch concrete pavement Each
160.00 25 4,000.00 31200
Preparation of Core, Cap & Test Each 90.00 45 4,050.00 31300
Measuring Length of Core Each 30.00 45 1,350.00 15000
Vehicle Charge/Transportation (max 8 hours per day) Hour 12.00 1080 12,960.00 11500
Administrative Assistant and Clerical Support Report 35.00 210 7,350.00 10200
Project Engineer, P.E. report review per report Report 80.00 210 16 800.00 Subtotal
178,510.00 Asphalt:
Observation and Testing of Asphalt Laydown -10 trips monitoring and compaction testing, see scope of work. 10700
Certified Technician, NICET II or IA- Batch plant inspection Hour 90.00 60 5,400.00 10800
Certified Technician - HMA - 1B, Field Compaction Hour 65.00 90 5,850.00 40100
Asphalt Mix Design Review Each 350.00 2 700.00 95100
Nuclear Density Gauge (max 8 hours per day) Hour S 12.00 75 900.00 15000
Vehicle Charge/Transportation (max 8 hours per day) Hour 12.00 75 900.00 11500
Administrative Assistant and Clerical Support Report 35.00 6 210.00 10200
Project Engineer, P.E., report review per report Report 80.00 6 480.00 Subtotal
14,440.00 Preconstruction
or Progress Meetings, Engineering Recommendations and Compliance Certification Letters - 5 Trips 10200
Project Engineer, P.E. Hour 150.00 30 4,500.00 15000
1 Vehicle Charge/Transportation Hour 12.00 20 240.00 Subtotal:
S4,740.00 Total
Estimated Fee for Construction Materials Testing Services: 447,365.00 INITIAL:
Proposa(
QC f-26-0156: C9 ITSemces for Market Street Revita(ization, COB Project No. (kcL IY2005, `UPINNo. 21102 IF7122o1, 7fans County, Baytown, TV