Ordinance No. 7,293950427 -1
ORDINANCE NO. 7293
• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL
SERVICES AGREEMENT WITH CAMP DRESSER AND MCKEE, INC., FOR
AN ENGINEERING STUDY AND REPORT REGARDING THE PINEHURST
SUBDIVISION INFILTRATION AND INFLOW SYSTEM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to a Professional
Services Agreement with Camp Dresser and McKee, Inc., for an
engineering study and report regarding the Pinehurst Subdivision
infiltration and inflow system. A copy of the Agreement is
attached hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: 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 27th day of April,
1995.
& `
PETE C. ALFAR16, Mayor
ATTEST:
. sze��— Z�-'
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
2— Z
ACIO RAMIREZ, M., City Attorney
• b:klM /cdmord
AGRffi1gNT
• BETWEEN
OWNER AND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of _ kpri 1 27, 19 95
between the City of Baytown. Texas
( "OWNER ") and
Camo Dresser & McKee Inc.
"ENGINEER "),
OWNER intends to . , investigate the cause of the excessive Inflow/
infiltration contribution to the Pinehurst Subdivision Area
gravity sewer collection system.
the "Project ").
OWNER and ENGINEER in consideration of their mutual covenants herein agree in
respect of the performance or furnishing of professional engineering services by ENGI-
NEER with respect to the Project and the payment for those services by OWNER as set
forth below. Execution of this Agreement by ENGINEER and OWNER constitutes
OWNER's written authorization to ENGINEER to proceed on the date first above
written with the Basic Services described in Section 2 below and as further set forth in
Exhibit A, "Further Description of Engineering Services and Related Matters" ('Tr -chib-
it A'l This Agreement will become effective on the date first above written-
• CDM /Baytown, TX /042695
Page 1 of 10
EXHIBIT A
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1.1. Standard of Care.
ENGINEER shall perform for or furnish
to OWNER professional engineering and
related services in all phases of the
Project to which this Agreement applies
as hereinafter provided. ENGINEER
shall serve as OWNER's professional
and engineering representative for the
Project providing professional engineer-
ing consultation and advice with respect
thereto. ENGINEER may employ such
ENGINEER's Subcontractors as ENGI-
NEER deems necessary to assist in the
performance or furnishing of professional
engineering and related services hereun-
der. ENGINEER shall not be required to
employ any OWNER's Subcontractors
unacceptable to ENGINEER.
ENGINEER agrees that the information
provided, as an experienced qualified
professional ENGINEER, reflects the
requisite professional standards, proce-
dures, and performances of the ENGI-
NEER's profession for this project.
ENGINEER agrees the design, prepara-
tion of drawings, the designation or
selection of materials and equipment, the
selection and supervision of personnel and
the performance of the other services
under this contract, shall be conducted
pursuant to the requisite standards of
performance for the profession.
1.2. Definitions
Wherever used in this Agreement the
following terms have the meanings
indicated which are applicable to both
the singular and plural thereof:
1.2.1. Additional Services.
Additional Services means the services
to be performed for or furnished to
OWNER by ENGINEER described in
Section 3 of this Agreement.
• CDM /Baytown TX /042695
1.22. Agreement.
Agreement means this Standard Form of
Agreement between OWNER and ENGI-
NEER for Professional Services including
those exhibits listed in Section 9 of this
Agreement.
12.3. Basic Services.
Basic Services means the services to be
performed for or furnished to OWNER by
ENGINEER described in Section 2 of this
Agreement.
124. Construction Cost.
Construction Cost means the total cost to
OWNER of those portions of the entire
Project designed or specified by ENGI-
NEER Construction Cost does not include
ENGINEER's compensation and expenses,
the cost of land, righ"f- -way, or compen-
sation for or damages to properties, or
OWNER's legal, accounting, insurance
counseling or auditing services, or interest
and financing charges incurred in connec-
tion with the Project or the, cost of other
services to be provided by others to
OWNER pursuant to Section 4 of this
Agreement Construction Cost is one of the
items comprising Total Project Costs.
1.2.5. Engineer's Subcontractor.
ENGINEER's Subcontractor means a
person or entity having a contract with
ENGINEER to perform or furnish Basic or
Additional Services as ENGINEER's
independent professional subcontractor
engaged directly on the Project.
12.6. Reimbursable Expenses.
Reimbursable Expenses means the expens-
es incurred directly in connection with the
performance or furnishing of Basic and
Additional Services for the Project for
which OWNER shall pay ENGINEER as
indicated in Exhibit A.
1.2.7. Total Project Costs.
Total Project Costs means the sum of the
Construction Cost, allowances for contin-
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gencies, the total costs of design profes-
sional and related services provided by
ENGINEER and (on the basis of informa-
tion furnished by OWNER) allowances
for such other items as charges of all
other professionals and consultants, for
the cost of land and rights -of -way, for
compensation for or damages to proper-
ties, for interest and financing charges
and for other services to be provided by
others to OWNER under Section 4.
SECTION 2-BASIC SERVICES OF
• ENG�IE1~R
21. Study and Report Phase.
Upon this Agreement becoming effective,
ENGINEER shall:
2.1.1. Consult with OWNER to clarify
and deane OWNER's requirements for
the Project and review available data.
2.12. Advise OWNER as to the necessity
of OWNbR's providing or obtaining from
others data or services which are not
part of ENGINEER's Basic Services, and
assist OWNER in obtaining such data
and services.
2.1.3. Identify and analyze requirements
of governmental authorities having
jurisdiction to approve the portions of the
Project specified by ENGINEER with
whom consultation is to be undertaken in
connection with the Project
2.1.4. Evaluate various alternate solu-
tions available to OWNER as described
in Exhibit A, and, after consultation with
OWNER, recommend to OWNER those
solutions which in ENGINEER's judgment
best rneet OWNER "s requirements for the
Project.
2.1.5. Prepare a report (the "Report ")
which will contain the statement of
OWNER's requirements for the Project
CDM /Baytown, TX /042695
and, as appropriate, will contain sche-
matic layouts, sketches and conceptual
design criteria with appropriate exhibits
to indicate the considerations involved
and those alternate solutions available to
OWNER which ENGINEER recommends.
This report will be accompanied by ENGI-
NEER's opinion of Total Project Costs for
each solution which is so recommended for
the Project, including the following.
opinion of probable Construction Cost,
allowances for contingencies including
costs of design professional and related
services based on information furnished by
OWNER for Allowances and other items
and services included within the defini-
tion of Total Project Costs.
2.1.6. Furnish the Report to and review it
with OWNER
2.1.7. Revise the Report in response to
OWNER's comments, as appropriate, and
furnish final copies of the Report in the
number set forth in Exhibit A.
2.1.8. Submit the Report within the
stipulated period indicated in Exhibit A-
2.1.9. I:NGIlVEFR's services under the
Study and Report Phase will be consid-
ered complete upon the acceptance of the
Report by OWNER. Such acceptance
shall not be unreasonably withheld.
The duties and responsibilities of ENGI-
NEER during the Study and Report Phase
as set forth in this paragraph 2.1 are
amended and supplemented as indicated
in Exhibit A.
SECTION 3-- ADDITIONAL SERVICES
OF ENGINEER
31. Additional Services Requiring
Authorization in Advance
If authorized in writing by OWNER,
ENGINEER shall furnish or obtain from
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others Additional Services of the types
listed in paragraphs 3.1.1 through 3.1.9,
inclusive, as amended and supplemented
as indicated in Exhibit A. These services
are not included as part of Basic Services
except to the extent otherwise provided
in Exhibit A. These services will be paid
for by OWNER as indicated in Section 6.
3.1.1. Preparation of applications and
supporting documents (in addition to
those furnished under Basic Services) for
private or governmental grants, loans or
advances in connection with the Project;
preparation or review of environmental
assessments and impact statements;
review and evaluation of the effect on
the design requirements of the Project of
any such statements and documents
prepared by others; and assistance in
obtaining approvals of authorities
having jurisdiction over the anticipated
environmental impact of the Project.
3.1.2 Services to make measured draw-
ings of or to investigate existing condi-
tions or facilities, or to verify the
accuracy of drawings or other information
furnished by OWNER.
3.1.3. Services resulting from facts
revealed about conditions:
3.1.3.1. which are different from
information about such conditions
that OWNER previously provided to
ENGINEER and upon which ENGI-
NEER was entitled to rely; or
3,1.3.2. as to which OWNER had
responsibility to provide if such
information was not previously
provided.
3.1.4. Providing renderings or models for
OWNER's use.
3.1.5, Undertaidng investigations and
studies including, but not lirnited to,
CDM /Baytawn, TX/042695
detailed consideration of operations,
maintenance and overhead expenses; the
preparation of cash flow and economic
evaluations, rate schedules and apprais-
als; assistance in obtaining financing for
the Project; evaluating processes avail-
able for licensing and assisting OWNER
in obtaining process licensing.
31.6. Furnishing services of ENGINEER's
Subconsultants for other than Basic
Services.
3.1.7. Services during out -of -town travel
required of ENGINEER other than visits,
to the site of OWNER's office as required
by Section 2.
3.1.8. Other additional services per-
formed or furnished by ENGINEER in
connection with the Project.
SECTION 4 —OWNER'S
RESPPONSMIL.IiT'F.S
Except as otherwise provided in Exhibit
A, OWNER shall do the following in a
timely manner so as not to delay the
services of ENGINEER and shall bear all
costs incident thereto:
4.1. Designate in writing a person to act as
OWNER's representative with respect to
the services to be performed or furnished
by ENGINEER under this Agreement.
Such person will have complete authority
to transmit instructions, receive informa-
tion, interpret and define OWNER's
policies and decisions with respect to
ENGINEER's services for the Project.
4.2. Assist ENGINEER by placing at
ENGINEER's disposal all available
information pertinent to the Project
including previous reports and any other
data relative to design or construction of
the Project
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43. Furnish to ENGINEER as requested
by ENGINEER for performance of Basic
Services or as required by the Contract
Documents, the following:
4 -3.1. data prepared by or services of
others, including without limitation
explorations and tests of subsurface
conditions at or contiguous to the site,
drawings of physical conditions in or
relating to existing surface or subsur-
face structures at or contiguous to the
site, or hydrographic surveys;
4.3.2. appropriate professional
interpretations of all of the forego-
ing;
4.3.3. environmental assessments,
audits; investigations and impact
statements, and other relevant
environmental or cultural studies as
to the Project, the site and adjacent
areas.
ENGINEER may reasonably rely upon,
the accuracy and completeness of all
reports, data and other information
furnished pursuant to this paragraph.
ENGINEER may use such reports, data
and information in performing or furnish-
ing services under this Agreement.
4.4. Arrange for access to and make all
provisions for ENGINEER to enter upon
public and private property as required
for ENGINEER to perform services under
this Agreement.
4.5. Examine all alternate solutions,
studies, reports, sketches, Drawings,
Specifications, proposals and other
documents presented by ENGINEER
(including obtaining advice of ail attor-
ney, insurance counselor and other
consultants as OWNER deems appropri-
ate with respect to such examination)
and render in writing decisions pertaining
thereto.
• CDM /Baytown TX/042695
4.6. Provide, as may be required for the
Project
4.6.1. accounting, bond and financial
advisory, independent cost estimating
and insurance counseling services;
4.62. such legal services as OWNER
may require or ENGINEER may
reasonably request with regard to
legal issues pertaining to the Project.
4.7. Give prompt written notice to ENGI-
NEER whenever OWNER observes or
otherwise becomes aware of any devel-
opment that'affects the scope or time of
performance or famishing of ENGINEER's
services, or any defect or nonconformance
in ENGINEER's services.
4.8- Furnish, or direct ENGINEER to
provide, Additional Services as stipulat-
ed in paragraph 3.1 of this Agreement or
other services as required.
Iggo-tcelelm I 1 *14 1.0 10 1901141
FIVIZ1141HOROM
5.1. If in this Agreement specific periods
of time for rendering services are set forth
or specific dates by which services are to
be completed are provided and if such
periods of time or dates are changed
through no fault of ENGINEER, the rates
and amounts of compensation provided for
herein shall be subject to equitable
adjustment. If OWNER has requested
changes in the scope, extent or character
of the Project, the time of performance of
ENGINEER's services shall be adjusted
equitably.
SECTION 6 --- PAYMENTS TO ENGIN-
EER FOR SERVICES
AND REIMBURSABLE
FTEN
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6.1. Methods of Payment for Services and
Expenses of Engineer
6.1.1. For Basic Services.
OWNER shall pay ENGINEER for Basic
Services performed or furnished under
Section 2 on the basis set forth in Exhff)it
A.
6.12. For Additional Services.
OWNER shall pay ENGINEER for
Additional Services performed or
furnished under Section 3 on the basis set
forth in Exhibit A-
6.1.3. For Reimbursable Expenses.
In addition to payments provided for in
paragraphs 6.1.1 arid 6.1.2, OWNER
shall pay ENGINEER for Reimbursable
Expenses incurred by ENGINEER and
ENGINEER's Subcontractors as set forth
in Exhibit A. The amount payable for
Reimbursable Expenses will include a
factor to the extent so indicated in
Exhibit A.
6.1.4. Tax on Services
The amount of any excise, VAT or gross
receipts tax that may be imposed shall
be added to the compensation as deter-
mined above.
6.2 Other Provisions Concerning
Payments
6.2.1. Preparation of Invoices
Invoices for Basic and Special Services
and Reimbursable Expenses will be
prepared in accordance with ENGI-
NEER's standard invoicing practices and
will be submitted to OWNER by ENGI-
NEER at least monthly. The amount
billed for Basic Services and Special
Services in each invoice will be calculat-
ed on the basis set forth in Exhibit A.
Invoices are due and payable on receipt.
6.22. Unpaid Invoices.
If OWNER fails to make payment due
• CDM /Baytown, TX /042695
ENGINEER for services and expenses
within thirty days after receipt of
ENGINEER's invoice therefor, the
amounts due ENGINEER will be increased
at the rate of 1.0% per month (or the
maximum rate of interest permitted by
law, if less) from said thirtieth day; and,
in addition, should the OWNER become
delinquent in its payments to the ENGI-
NEER under this contract, ENGINEER
may, after giving seven (7) days' written
notice to OWNER, suspend services under
this Agreement until ENGINEER has been
paid in full all amounts due for services,
expenses and charges. In the event of a
disputed or contested billing, only that
portion so contested may be withheld
from payment, and the undisputed portion
will be paid.
OWNER agrees to pay ENGINEER all
costs of collection including but not limited
to reasonable attorneys' fees, collection
fees and court costs incurred by ENGI-
NEER to collect properly due payments.
w10 ••1 90 .
7.1- Opinions of Probable Construction
Cost.
ENGINEER's opinions of probable Con-
struction Cost provided for herein are to
be made on the basis of ENGINEER's
experience and qualifications and repre-
sent ENGINEER's best judgment as an
experienced and qualified professional
engineer generally familiar with the
construction industry. However, since
ENGINEER has no control over the cost of
labor, materials, equipment or services
furnished by others, or over the Contrac-
tor's methods of determirdng prices, or
over competitive bidding or market
conditions, ENGINEER cannot and does
not guarantee that proposals, bids or
actual Construction Cost will not vary
from opinions of probable Construction
Cost prepared by ENGINEER If OWNER
Page 6 of 10
wishes gter assurance as to probable
Construction Cost, OWN M Ph employ
an independent cost: estimator as prov'L
ed in paragraph 4.6.1.
rs.6
s.1,. Ternlaadm
OWNER may at any time upon five (S)
days' written notice to ENG2MR
terminate the project for eonveirieace. At
each time, OWNER 8 �GIN$BR shall
�� m ��
cease work immediately. BNG
shall be compensated for services per-
formed and reimbursable expenses
incurred to the date of tasmiMd= and,
in addition, all reimbursable expenses
directly attributable to terminadw-
&2. Raffia of Doaurutft
All docua =ts provided or f utaidu d by
ENGNEER (or ENGNUR's Subcor&sc-
tars) pursuant to this Agreement are
inaftummts of service with respect to the
project, and ENGINEER and ENGI-
NEER'a Subcontractors, as appropriate,
shall retain an ownership arvd property
interest therein (including the right of
reuse by and at the dW1Qti= of ENG-
NEER and $NGNEEWs Subcontractors,
as appropriate). However, should this
contract be terminated due to a breach by
the ENGINEER, ENGINEER shall
tender such instruments to the OWNER
without any right of further compensa-
tion. OWNER may make aAd retain
copies for information end referenes rn
connection with the use and occupancy of
the Project by OWNER and Others,
however, such docuauento are not intended
or represented to be suitable for reuse by
OWNER or others on exuMiOns of the
project or on any other project. Any such
reuse without written verification or
adaptation by ENGINEER and BNGI-
• CDM/BkybDwN TX/042695
NM's Subcomultants, as appropriate,
for the sperific purpose. intended will be
at OWNER,$ sore risk and without
liability or legal exposure to ENGINEER,
or to SNGINEbt's SubccaWactors- Any
such verification or adaptation will
entitle ENGMEER to further compensa-
tion at rates to be agreed upon by OWNER
and ENCROML
89. CottttalliAg LAW.
'ibis Agreement shall in all respects be
interpreted and construed in accordance
with and gaverned by the applicable
laws of the State of Texas and the City,
regardless of the place of its execution or
perlormame. The place of making and
the place of performmwe fez all purposes
shall be Baytown, Harris County, Texas.
SA Sueemsom sad Aaeigna
e.t.l. OWNER and ENGINEER earn is
hereby bound and the partrvers, mscae con,
executors, adm nistrators and 1e8a1
representatives of OWNER and ENGI-
N R (and to the extent permitte-d by
paragraph 8.1.2 the assign of OWNER
sad, ENGII iM) ate hereby bound to the
Other Party to this Agreement and to the
partners, suoom wm, executors, administra-
tors and legal representatives (and said
assigns) of such other party, in respect of
all covenants, agwmei1ts and obligations
of this Agreement.
8.4.2. Neither OWNER not ENGINEER
may ensign, sublet or transfer any ASW
uve cr kUwwt (induding, but without
liautatiwt, moneys that nay become due
or maneya that are die) in this Agreement
without the written Consent of the ether,
except to the extent that any assignment,
subletting or transfer 19 numdated by lawn
or the effect of this limitation may be
restricted by law. Unless specifically
stated to the contrary iA any written
consent to an assignment, no "dgnment
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will release or discharge the assignor
from any duty or responsibly Under ttnis
SA3. Unless " M991y prWfded Odul-
w im in this Agreec=h
8.4.3.1. Nothing in this Agrcet rot
shall be construed to create, impose
or give rise to any du7 owed by
ENGINEER to any LOAtrad0f,
Subcontradw, Supplier, o*M person
or entity, or to any surety for or
employee of any of d=,, or give any
rights In or benefits under this
Agreement to anyone other than
OVITN a and ENGIlZM
8.43.2. All duties and responsibili-
ties undertaken pursuant to this
Agreement will be for the pole and
exclusive benefit of OWNER and
ENCU40M and not for the benefit of
any other party-
85. Notices.
Any ncbce required under this Agreement
will be in writing, addressed to the
appropriate party at the address which
appears on the signature page to this
Agreement (as modified in writing from
time to time by such party) and given
personally, by registered or certified
mail, retuai receipt requested, by facsim-
ile, or by a nationally recognized over -
night courier service. Notice given by
mail shall be de=wd given three (3)
days after the date of walling thereof,
and all other notices shall be effective
upon the date of receipt.
8.6 Severability.
Any provision or part of the Agreement
held to be void or unerdoroeable under
any law or regubitivn shall be deemed
stricken, and all remaining provisions
shall continue to be valid and binding
• CDM/E+ayto%n TX /DVA95
upon OWNER and ENGIIMEII� who agree
that the Agreement shall be reformed to
replace such stricken provision or part
thereof with a valid and enforceable
provision that comes as close as passible
to expressing the hiWntion of the stricken
provision.
L7. Insurance
ENCMgM SW procure and aaintain at
his sole cost and expense for the duration
of the contr=a insuranft q�iAst Claims
for injuries to persons or damages to
property which may arlse from of in
connection with the performance of the
work hereunder by ENGINEER, his
agenfs, representatives, employees or
Subcaaatnactots.
The ENG]NEER's insurance coverage
shall be primary fnsurann with respect to
the OWNER, its o i+dah, employees and
volunteers as respects any claims arisirtg
out of the sesvim perfermed by ENGI-
NEER under this Amt~
Tla BNGrNM shall at all times during
this Agreement vudntain in full force and
effect ins=a= as prodded herein and
whkh meets the MWMUm aarat b listed
below. A certificate of insurance shall be
furnished to the City and shall provide
that the City "Il receive thirty (30)
days' prior written notice before any
material change or cancellation of any
policy.
(1) Commercial General Liability: This
coverage must have an ag ,legate of
51,o0Qo0o with a minimum of
$LaM)MO per owmence.
(2) Statutory Worker'' Compensation, all
This coverage must comp y with
statutory annaunts as required by
Texas law and shall include a
Waiver of Subrogation on b6W of
the City.
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. (3) Autouroblle Liability. Tkis raverage
small have combined &in& limits of
MAW, or limits of 5160,000 /
$300A00/ S100,000 are acceptable.
All automotive coverage is to include
all owned and hired autos, if appli-
cable.
(4) Profeuional Liability: the following
is required:
a. Minimum of S500A00 per occurrence
and $SW,000 aggragate.
b. Coverage must be mAintained for
two (2) years aftas du termination.
of this Contract:
All policies are to be of the ocrunwce
form with the exveption of Professional
Liability which ahall be on a claims
made basis. Should any insurance
required by this Agreement lapse, the
ENGIIMR shall immediately cease all
operations as of the dme and date of such
lapse, and dwfl not resume any opera-
tions until authorized in writing by the
OWNER If the lapse period extends
fifteen (15) days, this Agreement shall
automatically terminate with no notice
to the ENGINEER required and the
ENG1MER shall be in breach of this
Agreement. The City of Baytown shall
be named as an ADDITIONAL INSURED
on the Commercial Germal and Auto
Liability policies of insurance.
All insurance carriers providing coverage
should have an AM Best rating of A or
higher and be licensed to do business in
the State of Texas.
Certificates of Insurance and endorse-
ments shall be fumialwd to the OWNER
and approved by the 0W?JER before
wary coumumum
• CDM/l2y1aWn TX /042&95
a.s. Discovery
ENCUQXR shall be entitled to com-
pensation an a time and ma tate basis
wlert responding to all requests for
discoveries relating to tWa Project and to
the extent that ENGINEER is not a party
to the lawsuit.
8.4. uhfiweseert conditione
At any time during the life of this Agree-
ment should any substance be ureova W at
encountered at the site that would void or
otherwise advwWy Impact the BNGI-
NM'8 professional liability insurance,
the ENGINEER reserves the right to
renegotiate the terms and conditions of
this Agreewen4 the fees for the ENGI-
NmVs services, and dte SNGZIMM's
continued involvement in the Project,
SAM Defective Design at Specfizcafione
ENG NEM shall promptly correct any
errors or omissions in the designs or
epmUkat ons furnished by ENG24M at
no cost to OWNML OWNER's approval,
acceptu ae, use or payment fur all or any
pa=t of ENGIr M 8 services herewtider or
of the project itself shall in no way alter
ENGMER's obligations or OWNER's
rights hereurviz.
&U. indemnificatien
ENG24M agrees to release, irdenmify,
and hold harmless OWNER from and
against arty and all judgmmts. claims,
expenses, causes of action, damages,
liability (including reasonable attorneys'
fees and coets) arising from the negligent
act, error, or omission of ENC -MMt it
providing its services order this Agree-
ment In no event shall " irdemaiaca-
tion by ENGROU axtend to any negli-
gent ads, errors, or omissions of OWNER.
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SECTION 9— EXHIBITS AND SPECIAL
PROVISIONS
9.1. This Agreement is subject to the
provisions of the following Exhibits
which are attached to and made a part
of the Agreement:
9.1.1. Exhibit A,"Further Description of
Engineering Services and Related Mat-
ters," consisting of 3 pages
This Agreement (consisting of Pages 1 to
10 inclusive, and the exhibits identified
above) constitute the entire agreement
between OWNER and ENGINEER and
supersede all prior written or oral
understandings. This Agreement may
only be amended, supplemented, modi-
fied or canceled by a duly executed
written instrument.
IN WITNESS WHEREOP, the parties hereto have executed this Agreement to be
effective as of the date first above written.
OWNER:
City of Baytown, Texas
B:
Ti tl
Address for giving notices:
2401 Market Street
P. U. Box 414
Baytown, Texas 77522 -0424
CDM /Baytown, TX/042695
ENGINEER:
Title: Senior Vice Presiden-t ^_
Address for giving notices:
1800 West Loop South Suite 1550
Houston, Texas 77027
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2. Review flow and rainfall data.
• 3. Based on the flow monitoring results establish priorities for additional field work.
4. Prepare memoranda on the findings, recommend phase iv field work and preliminary
options for management of peak RDI /I.
5. Meet with City management to review findings.
Phase IV - Complete Field Work and Develop Final Recommendations
1. Recommend additional field work, if warranted.
2. Evaluate the feasibility of demonstration rehabilitation project.
3. Recommend modifications to the pump station controls to maximize in- system
equalization of peak RDI /I and minimize peak. discharge downstream.
4. Evaluate supplemental in -line or off -line storage.
5. Evaluate other alternatives.
6. Prepare final recommendations.
2. The responsibilities of OWNER as described in Section 4 of said Agreement are amended
and supplemented as follows:
The scope of work is based on utilizing City forces to perform the necessary physical
inspection activities with rn;nimal oversight and direction by CDM.
3. The time periods for the performance of ENGINEER's services as set forth in Section 5 of
said Agreement are amended and supplemented as follows:
The project completion date will be on or before December 31, 1995.
4. The method of payment for services rendered by L iG]NEER shall be as set forth below;
The method of payment shall be on a cost reimbursable basis, with a not to exceed limit
of $120,000. Labor will be invoiced at the raw labor cost times a 3.25 multiplier, other
direct costs (expenses) will be invoiced at cost, and outside professionals (subconsultants)
will be invoiced at cost plus ten (10) percent.
5. OWNER has established the following special provisions and /or other considerations or
requirements in respect of the Assignment:
None.
• n0159.t= Page 3 of 3
EXHIBIT A TO AGI.EEIMENT
BETWEEN
• OWNER AND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAL SERVICES
FURTHER DESCRIPTION OF ENGINEERING SERVICES AND RELATED MATTERS
This is an exhibit attached to and made a part of the Agreement dated April 27, 1995,
between the City of Baytown (OWNER) and Camp Dresser & McKee Inc. (ENGR4M) for
study and report professional services.
1. The Basic Services of ENGII -,T Z as described in Section 12 of said Agreement are
amended and supplemented as follows:
Phase I - Review and Evaluation of Available Information and Historical Records
1. Wastewater Treatment Plant Flow and Rainfall Data
a. Determine typical RDI /I hydrograph shape and time for flow to return to base
wastewater flow.
b. Verify that non - rainfall flow does not contain ground water infiltration (GWI).
c. Document range of peak RDI /I values to the extent that recordings allow.
d. Identify typical length of time when flow is more than 400 percent of normal non -
rainfall flow.
e. For selected rainfall events, compare hydrograph shapes with the shapes of those
recorded at the other City's wastewater treatment plants.
2. Review Existing Physical Inspection (PI) Data
a. Review all CCTV video tapes in the Pinehurst I subdivision to identify evidence of
I/1 and potential point sources, particularly service connections.
b. Review all existing smoke test field reports and meet with City to review in detail
work accomplished to date.
c. Coordinate with City to identify procedures for completing the smoke testing
activities.
3. Field Reconnaissance
a. Perform a reconnaissance of the Pinehurst subdivision area with City
• h0159.cx� Page I of 3
representatives to better understand the drainage system, identify areas with
drainage problems, gather additional insights as to possible sources of RDI /I, and
• identify candidate manholes for flow meter installation. Findings of this
reconnaissance will be documented with photographs and a written report-
b. Inspect wastewater treatment plants, pump stations, and bypasses and document
findings with photographs and written inspection reports.
c. Evaluate alternate methods to monitor flows ,acing existing facilities and identify
potential rain gauge locations.
4_ Provide direction and oversight of City resources in performing demonstration dye
flood testing
S. Summarize findings from Phase I activities and develop recommendations for Phase II
activities
Phase iI - Initial Field Activities
1. Dye Flood Testing Program at Ditches
Recommend a program, provide field forms, and review findings of dye flood testing
of all ditches by City resources. CCTV inspection will be performed concurrent with
dye flooding of all ditches. CDM will provide one day of oversight during the dye
flood testing and CCTV inspection and will review all field reports.
2. Smoke Testing Program
Provide field forms and directions to the City for resuming the smoke testing
program. CDM will provide one day of oversight and will review all smoke testing
reports.
3. Additional Dye Flood Testing
Provide recommendations for full scale dye testing. CDM will review all field
reports.
4. Memorandum with recommendations for Phase III activities.
S. Meet with City management to review findings.
Phase M - FIow Mordtoring
1. Install three flow monitors in the collection system plus monitor discharge from the
upstream pump stations and install two rain gauges. Flow monitoring is based on a
60 -day monitoring period and may be extended should sufficient rainfall events not
occur.
• h0159.exa Page 2 of 3
2. Review flow and rainfall data.
• 3. Based on the flow monitoring results establish priorities for additional field work.
4. Prepare memoranda on the findings, recommend phase iv field work and preliminary
options for management of peak RDI /I.
5. Meet with City management to review findings.
Phase IV - Complete Field Work and Develop Final Recommendations
1. Recommend additional field work, if warranted.
2. Evaluate the feasibility of demonstration rehabilitation project.
I
3. Recommend modifications to the pump station controls to maximize in- system
equalization of peak RDI /I and minimize peak. discharge downstream.
4_ Evaluate supplemental in -line or off -line storage.
5. Evaluate other alternatives.
6. Prepare final recommendations.
2. The responsibilities of OWNER as described in Section 4 of said Agreement are amended
and supplemented as follows:
The scope of work is based on utilizing City forces to perform the necessary physical
inspection activities with minimal oversight and direction by CDM.
3. The time periods for the performance of ENGINEER's services as set forth in Section 5 of
said Agreement are amended and supplemented as follows.
The project completion date will be on or before December 31, 1995.
4. The method of payment for services rendered by ENGINEER shall be as set forth below;
The method of payment shall be on a cost reimbursable basis, with a not to exceed limit
of $120,000. Labor will be invoiced at the raw labor cost times a 3.25 multiplier, other
direct costs (expenses) will be invoiced at cost, and outside professionals (subconsultants)
will be invoiced at cost plus ten (10) percent.
5. OWNER has established the following special provisions and /or other considerations or
requirements in respect of the Assignment:
None.
• hat59.exa Page 3 of 3