HomeMy WebLinkAboutRJN Group - 2017 Flow Meter Data Analysis-10/23/2017AGREEMENT
BETWEEN
CITY OF WATERLOO, IOWA
AND
RJN GROUP, INC.
DES MOINES, IOWA
THIS AGREEMENT dated October 23, 2017 by and between the City of Waterloo, Iowa,
hereinafter called OWNER and RJN GROUP, INC., with an office in Des Moines, Iowa, hereinafter
called ENGINEER.
WHEREAS, the OWNER desires to retain the professional services of the ENGINEER for a
project generally described as 2017 Flow Meter Data Analysis.
WHEREAS, the ENGINEER desires to perform such services to the OWNER in accordance with the
terms and conditions of the AGREEMENT.
NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants
hereinafter set forth, the parties hereto agree as follows:
Section I - Basic Services of ENGINEER
The specific services which the ENGINEER agrees to furnish are as indicated in the Attachment
A "Scope of Services" which is hereby incorporated by reference and made part of this AGREEMENT.
Changes in the indicated Scope of Services shall be subject to renegotiation and implemented through an
Amendment of this AGREEMENT.
Section II - Future Services of ENGINEER
The ENGINEER is available to furnish and perform, under an Amendment or a separately
negotiated agreement, future services to supplement this work.
Section III - Schedule of Services
A. Completion Time
For those services described in Section I, the ENGINEER shall make every reasonable effort to
schedule manpower and service elements in a diligent manner. It is recognized by both parties
that actions of regulatory agencies and/or others may affect the final project schedule.
The services described shall be performed as weather and other physical conditions permit. The
ENGINEER shall not be liable to the OWNER, if delayed in, or prevented from performing the
work as specified herein through any cause or causes beyond the control of the ENGINEER and
R1605 -CSC -R0 Page 1 of 9
AGREEMENT (Cont.)
not caused by his own fault or negligence. Attachment A "Schedule of Services" is hereby
incorporated by reference and made part of this AGREEMENT.
Section IV - Payment for Services
Payment to the ENGINEER shall be made as follows:
A. Payment for Services
The OWNER recognizes that time is of the essence with respect to payment of the
ENGINEER's invoices, and that timely payment is a material part of the consideration of this
AGREEMENT.
Payment for services rendered shall be made to the ENGINEER at the end of each month's
billing cycle upon presentation of the ENGINEER'S monthly statement. ENGINEER will
provide to the OWNER a detailed statement of tasks by classification and reimbursement
expenses. Total payment shall not exceed aforestated amounts without prior authorization by
the OWNER.
If the OWNER objects to all or any portion of an invoice, the OWNER shall so notify the
ENGINEER within ten (10) calendar days of the invoice date, identify the cause of
disagreement, and pay when due that portion of the invoice, if any, not in dispute.
OWNER has the right to appeal or ask for clarification of any ENGINEER'S billing within ten
(10) days of date of billing. Until said appeal is resolved, or clarification is issued, no interest
will accrue. The OWNER shall exercise reasonableness in contesting any invoice or portion
thereof.
Section V - Services to be Provided by the OWNER
A. Authorization to Proceed
The OWNER shall authorize the ENGINEER to proceed prior to the ENGINEER starting work.
E. Access to Facilities and Property
The OWNER shall make its system facilities and properties available and accessible for
inspection by ENGINEER and arrange for access to make all provisions for the ENGINEER to
enter upon public property as required for the ENGINEER to perform his services.
C. Prompt Notice
The OWNER shall give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope or timing of ENGINEER'S
services, or any defect in the service or work of the ENGINEER or Contractors in order that the
ENGINEER may take prompt, effective measures, which in the ENGINEER's opinion, will
minimized the consequences of a defect.
R1605 -CSC -R0 Page 2 of 9
AGREEMENT (Cont.)
D. Compensation of a Cost Not to Exceed
For basic services, as enumerated in Section I, the OWNER shall pay the ENGINEER a
maximum not to exceed cost of $39,500. Payments as described hereinafter shall represent full
compensation to the ENGINEER for all payroll costs, expenses, current overhead, profit, and all
other costs in connection with the performance of these services. The ENGINEER, if
requested, shall provide documentation to the OWNER of all costs in connection with the
performance of these services, and as further described in Attachment A.
E. Changes of Scope
In the event additional services are required through changes in the scope of the Project, or
other unusual or unforeseen circumstances are encountered, or for other consulting services,
ENGINEER shall, upon written authorization by the OWNER, perform the additional services
as mutually agreed by both parties by supplemental agreement. If renegotiated terms cannot be
agreed to, the OWNER agrees that the ENGINEER has an absolute right to terminate the
AGREEMENT.
F. Limitation of Engineer's Liability
OWNER hereby agrees that to the fullest extent permitted by law, ENGINEER's total liability
to OWNER for any and all injuries, claims, losses, expenses or damages whatsoever arising
from or in any way related to the project or this AGREEMENT from any cause or causes
including but not limited to ENGINEER's negligence, errors, omissions, strict liability, breach
of contract, or breach of warranty shall not exceed the total compensation received by
ENGINEER under this AGREEMENT minus subconsultant and direct costs.
Section VI - Construction Cost and Opinions of Cost
A. The ENGINEER shall submit to the OWNER an opinion of the probable cost required to
construct work recommended, designed, or specified by the ENGINEER. The ENGINEER is
not a construction cost estimator or construction contractor, nor should the ENGINEER's act of
rendering an opinion of probable construction costs be considered equivalent to the nature and
extent of service a construction cost estimator or construction contractor would provide. The
ENGINEER's opinion will be based solely upon its own experience with construction. This
requires the ENGINEER to make a number of assumptions as to actual conditions that will be
encountered on site; the specific decisions of other design professionals engaged; the means and
methods of construction the contractor will employ; the cost and extent of labor, equipment and
materials the contractor will employ; contractor's techniques in determining prices and market
conditions at the time, and other factors over which the ENGINEER has no control. Given the
assumptions which must be made, the ENGINEER cannot guarantee the accuracy of its
opinions of cost, and, in recognition of that fact, the OWNER waives any claim against the
ENGINEER relative to the accuracy of the ENGINEER's opinion of probable construction cost.
If prior to the Bidding or Negotiation Phase, OWNER wishes greater assurance as to Total
Project or Construction Costs, OWNER shall employ an independent cost estimator.
R1605-CSC-RO Page 3 of 9
AGREEMENT (Cont.)
Section VII - General Considerations
A. Standard of Practice
Services performed by the ENGINEER under this AGREEMENT will be conducted in a
manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions. No other
representation, expressed or implied, and no warranty or guarantee is included or intended in
this AGREEMENT, or in any report, opinion, document or otherwise.
B. Survival
All obligations arising prior to the termination of this AGREEMENT and all provisions of this
AGREEMENT allocating responsibility or liability between the OWNER and the ENGINEER
shall survive the completion of the services hereunder and the termination of this
AGREEMENT.
C. Ownership of Instruments of Service
All reports, plans, specifications, field data, field notes, laboratory test data, calculations,
estimates and other documents prepared by the ENGINEER as instruments of service shall
remain the property of the OWNER. The ENGINEER shall retain these records for a period of
five (5) years following submission of his or her report, during which period they will be made
available to the OWNER at all reasonable times.
If the OWNER wishes the ENGINEER to retain documents for a longer period of time, the
OWNER shall so specify in advance, in writing, and shall pay in a timely manner all charges
agreed to for the ENGINEER's maintenance of such documents beyond the time period
otherwise prevailing.
D. Insurance
The ENGINEER shall procure and maintain insurance for the entire project period and a
minimum period of three years thereafter, according to the following:
1. Workmen's Compensation Insurance in the statutory amount, including Employer's
Liability Insurance for its employees.
2. Comprehensive General Liability Insurance, covering bodily injury and property
damage with a combined single limit of $1,000,000 per accident; Comprehensive
Automobile Liability Insurance, including operation of owned, non -owned, and hired
automobiles or vehicles, covering bodily injury with limits of $1,000,000 per person
and $1,000,000 per accident; property damage with limits of $100,000 per accident.
3. Professional Liability insurance of $1,000,000 per occurrence and in the aggregate.
ENGINEER shall be responsible for all damages to life and property due to his
activities or those of his agents or employees in connection with his services, and it is
expressly understood that ENGINEER shall indemnify and hold OWNER harmless
from any claims, suits, action, damages, and cost to every name and description arising
out of or resulting from the performance of services rendered by ENGINEER under
this Agreement.
R1605-CSC-RO Page 4 of 9
AGREEMENT (Cont.)
4. The premium to be expended for all of the above mentioned policies of insurance shall
be paid by ENGINEER. The policies of insurance, certificates of insurance, and the
insurance company or insurance companies issuing such policies or certificates of
insurance must be acceptable to OWNER.
5. All certificates of insurance must be issued indicating that such policies of certificates
are applicable to work being performed under a specific contract or to all work
performed by ENGINEER for OWNER.
6. Certificates of Insurance shall be completed and submitted to ENGINEER before
issuance of Notice -to -Proceed.
7. A minimum of 30 days written notification must be given of any alteration, material
change, or cancellation affecting any certificates or policies of insurance as required
under this Agreement. Such required notification must be sent via Registered or
Certified Mail to the address indicated below:
Ms. Catherine Buckley, P.E.
600 Walnut Street, Suite 405
Des Moines, Iowa 50309
8. The OWNER shall be named as an additional insured on the General Liability and
Business Auto Liability insurance.
E. Certification
During the course of construction, the ENGINEER may be called upon to determine the degree to
which certain design conditions have been achieved by contractors. In performance of this work,
the ENGINEER will use sampling procedures, that is, selected portions of the work will be
subject to close review and/or testing and the results observed will be inferred to exist in other
areas not sampled. Although such sampling procedures shall be conducted by the ENGINEER in
accordance with commonly accepted procedures consistent with applicable standards of practice,
the OWNER understands that such procedures indicate actual conditions only where sampling is
performed, and that, despite proper implementation of sampling and/or testing procedures, and
despite proper interpretation of their results, the ENGINEER cannot assure the existence of
conditions which the ENGINEER infers to exist. Since a certification that certain conditions
exist comprises an assurance of such conditions' existence, the OWNER agrees that it would be
improper for the ENGINEER to certify that certain conditions exist when the ENGINEER cannot
assure they exist. Accordingly, the OWNER shall not require the ENGINEER to sign any
certification, no matter by whom requested, that would result in the ENGINEER certifying the
existence of conditions whose existence the ENGINEER cannot assure. The OWNER also agrees
that the OWNER shall not make resolution of any dispute with the ENGINEER or payment of
any amount due to the ENGINEER in any way contingent upon the ENGINEER's certifying the
existence of conditions whose existence the ENGINEER cannot assure.
F. Buried Utilities and Subsurface Risks
The ENGINEER will conduct the research that in its professional opinion is necessary to locate
utility lines and other man-made objects that may exist beneath the sites surface. The OWNER
recognizes that the ENGINEER'S research may not identify all subsurface utility lines and man-
made objects, and that the information upon which the ENGINEER relies may contain errors or
may not be complete. The ENGINEER will prepare a plan indicating the locations intended for
R1605 -CSC -R0 Page 5 of 9
AGREEMENT (Cont.)
subsurface penetrations with respect to assumed locations of utilities and other man-made objects
beneath the site's surface.
The OWNER will approve the location of these penetrations prior to their being made and the
OWNER will authorize the ENGINEER to proceed. The OWNER agrees to waive any claim
against the ENGINEER and to defend, indemnify and hold the ENGINEER harmless from any
claim or liability for injury or loss allegedly arising from the ENGINEER's damaging
underground utilities or other man-made objects that were not called to the ENGINEER's
attention or which were not properly located on plans furnished to the ENGINEER for any time
spent or expenses incurred by the ENGINEER in defense of any such claim, in accordance with
the ENGINEER's prevailing fee schedule and expense reimbursement policy.
The OWNER recognizes that special risks occur whenever engineering or related disciplines are
applied to identify subsurface conditions. Even a comprehensive sampling and testing program,
implemented with the appropriate equipment and experienced personnel under the direction of a
trained professional who functions in accordance with a professional standard of practice may fail
to detect certain conditions, because they are hidden and therefore cannot be considered in
development of a subsurface exploration program. For similar reasons, actual environmental,
geologic and geotechnical conditions that the ENGINEER properly inferred to exist between
sampling points may differ significantly from those that actually exist. The passage of time also
must be considered, and the OWNER recognizes that, because of natural occurrences or direct or
indirect human intervention at the site or a distance from it, actual conditions discovered may
quickly change. The OWNER realizes that nothing can be done to eliminate these risks
altogether, but certain techniques can be applied to help reduce them. The ENGINEER is
available to explain these risks and risk reduction methods to the OWNER but, in any event, the
scope of services included with this AGREEMENT is that which the OWNER agreed to or
selected in light of his or her own risk preferences and other considerations.
R1605 -CSC -R0 Page 6 of 9
AGREEMENT (Cont.)
G. Reuse of Documents
All documents including Drawings and Specifications prepared or furnished by the ENGINEER
(and ENGINEER'S independent professional associates and consultants) pursuant to this
AGREEMENT are instruments of service in respect of the Project and ENGINEER shall retain an
interest therein whether or not the Project is completed. OWNER may make and retain copies for
information and reference in connection with the use and occupancy of the Project or on any
other project. Any reuse without written verification or adaptation by ENGINEER for the
specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to
ENGINEER's independent professional associates or consultants, and OWNER shall indemnify
and hold harmless ENGINEER and ENGINEER's independent professional associates and
consultants from all claims, damages, losses and expenses including attorneys' fees arising from
or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and ENGINEER.
H. Termination of Services
This AGREEMENT may be terminated in whole or part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this AGREEMENT through no
fault of the terminating party. Such termination may not be effected unless the other party is
given not less than 10 days written notice (delivered by certified mail, return receipt requested) of
intent to terminate and an opportunity for consultation with the terminating party and 10 days to
cure such substantial failure.
Irrespective of which party shall effect termination or the cause therefore, the OWNER shall
within forty-five (45) calendar days of termination remunerate the ENGINEER for services
rendered and costs incurred, in accordance with the ENGINEER's prevailing fee schedule and
expense reimbursement policy. Service shall include those rendered to the time of termination, as
well as those associated with termination itself, such as demobilizing, modifying schedules,
reassigning personnel, and so on. Costs shall include those incurred to the time of termination, as
well as those associated with termination and post -termination activities. Such costs shall not
include payments to third parties engaged by the ENGINEER for services not yet performed.
The OWNER may terminate this AGREEMENT with or without cause or reason. Upon receipt
of a notice of termination from OWNER, the ENGINEER shall promptly discontinue all services
affected (unless the notice directs otherwise) and deliveMr or otherwise make available to the
OWNER (subject to "Reuse of Documents" provisions) all data, drawings, specifications, reports,
estimates, summaries, and other information and materials accumulated by the ENGINEER in
performing this AGREEMENT, whether completed or in progress.
Controlling Law and Disputes
If any of the provisions of this AGREEMENT are invalid under any applicable statute or rule of
law, they are, to that extent, deemed omitted. However, the OWNER and the ENGINEER will in
good faith attempt to replace an invalid or unenforceable provision with one that is valid and
enforceable, and which comes as close as possible to expressing or achieving the intent of the
original provision. This AGREEMENT shall be governed by the laws of the State of Iowa, Black
Hawk County.
R1605 -CSC -R0 Page 7 of 9
AGREEMENT (Cont.)
The parties agree that they shall reasonably attempt to resolve any disputes regarding the
interpretation of this AGREEMENT by informal negotiation, the final resolution of which
disputes shall require the agreement of both parties.
J. Successors and Assigns
The OWNER and the ENGINEER each binds itself and its partners, successors, executors,
administrators, assigns and legal representatives to the other party to this AGREEMENT and to
the partners, successors, executors, administrators, assigns and legal representatives of such other
party, in respect to all covenants, agreements, and obligations of this AGREEMENT.
Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or
interest in (including, but without limitation, moneys that may become due or moneys that are
due) this AGREEMENT without the written consent of the other. Unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the
assigner from any duty or responsibility under this AGREEMENT. Nothing contained in this
paragraph shall prevent the ENGINEER from employing such independent consultants,
associates, and subcontractors as it may deem appropriate to assist it in the performance of
services hereunder.
The ENGINEER's use of others for additional services shall not be unreasonably restricted by the
OWNER provided the ENGINEER notifies the OWNER in advance. Nothing herein shall be
construed to give any rights or benefits hereunder to anyone other than the OWNER and the
ENGINEER, and all duties and responsibilities undertaken herein will be for the sole and
exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party.
K. Dispute Resolution
All claims, disputes or controversies arising from, or in relation to, the interpretation, application
or enforcement of this AGREEMENT shall be decided through mediation or arbitration
whichever is mutually agreed upon by OWNER and ENGINEER.
R1605 -CSC -R0 Page 8 of 9
AGREEMENT (Cont.)
IN WITNESS THEREOF, thep arties hereto have caused this AGREEMENT to be executed this 732
day of 0 CA=ah-�,� ,20 1 .
For the OWNER:
D.X..11211/10‘14-7/1z
Name
Printed
Title
ATTEST:
For the ENGINEER:
RJN GROUP, INC
Na e
(CLj N.
Printed
e`7 l,0r, V c
Title
Attachment A — RJN Proposal dated September 27, 2017
Doc #
R1605 -CSC -R0 Page 9 of 9
rj n group
The Choice for Collection System Solutions
September 27, 2017
Ms. Laura Wolff
Waste Management Services
City of Waterloo
3505 Easton Avenue
Waterloo, Iowa 50702
SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES
2017 FLOW METER DATA ANALYSIS
Dear Ms. Wolff:
www. rjn.com
RJN Group, Inc. (RJN) is pleased to submit this proposal to the City of Waterloo (City) for sanitary
sewer flow monitoring data review and analysis of the City's flow meter network.
PROJECT UNDERSTANDING
The City of Waterloo currently has a flow meter network installed consisting of 10 area -velocity
(A/V) flow meters, 11 Volucalc RT lift station monitors, 10 rain gauges, and 7 groundwater
monitors located throughout the City. This meter network has been installed and collecting data
since 2016. The current flow meter locations were selected following the 2015 hydraulic modeling
project.
The City is looking to have RJN review the collected data and provide a summary of findings to
the City. The project would include an analysis of the current levels of excess flow within each
meter basin and recommendations for future flow monitoring and sewer inspection work.
PROJECT APPROACH
As an initial step, RJN will perform site investigations at each A/V flow meter site. During the
meter site investigation, RJN will take measurements of the pipe being metered and will perform
a data download of the data collected on the meter. Additionally, RJN will collect manual depth
and velocity readings to confirm that the meter is reading accurately and to the manufacturer's
operating standards. RJN will also use this confirmation reading to make an assessment of the
accuracy of the data collected.
RJN will also perform site inspections at each lift station equipped with a Volucalc RT. This visit
will be used to gain an understanding of the data being collected at each site. If the site is equipped
with a level monitor, a manual depth reading will be taken at the wet well to confirm the monitor
699 Walnut Street, Suite 405 • Des Moines, Iowa 50309 • 515.723.1435
rj n group
Page 2
2017 Flow Meter Data Analysis
September 27, 2017
is reading accurately. A fill and draw test will be conducted at each site to confirm accurate flow
measurement and calibration of the Volucalc RT units.
The City shall provide all the historical data for each A/V meters, Volucalc RT units, rain gauges,
and groundwater monitors. Following the receipt of all data and the site visits, RJN will analyze
the data. This analysis includes minor data cleanup and addressing data gaps and hydraulic
anomalies. The data will then be processed and edited as necessary to produce a final data set.
This final data set will be analyzed for average dry weather flow (ADWF) and wet -weather flow
patterns. RJN will perform an inflow and infiltration analysis on the data. Included in the
analysis, RJN will create hydrographs and Scattergraphs and compare wet -weather peaking
factors. RJN will also evaluate the rain gauge and groundwater data and assign an average rainfall
value and groundwater level to each meter basin based on the data.
Final deliverables will include a letter report and CSV files of the finalized data. The letter report
will analyze findings as they relate to levels of excess flow within the system. Recommendations
will be made for future flow monitoring and sewer inspection work. RJN will meet with the City
at the end of the analysis to discuss our findings.
PROPOSED SCOPE OF SERVICES
Our proposed scope of services is as follows:
1. Receive Waterloo GIS and location information from the City for all equipment, including
A/V meters, Volucalc RT units, rain gauges, and groundwater monitors. Map the locations
in GIS and provide a basin delineation of the A/V meters and Volucalc RT basins.
2. Site inspections — A/V meters
Investigate and perform a site inspection at each of the 10 existing A/V flow
monitoring sites.
• Assess the calibration of the 10 flow meters by taking manual depth and velocity
measurements and comparing with the meter readings.
3. Site inspections — Volucalc RT monitoring sites
• Investigate and perform a site inspection at the 11 existing Volucalc RT metering
sites, located at various lift stations.
• If equipped with a level sensor, assess the calibration of the sensor by taking manual
depth measurements and comparing with the meter.
• Perform a fill and draw test on the Volucalc RT lift station to confirm calibration of
the Volucalc RT monitors
rjngroup
Page 3
2017 Flow Meter Data Analysis
September 27, 2017
4. Provide standard traffic control measures (portable signs and cones) during site
inspections as necessary. If additional traffic control is needed, it is to be provided by the
City.
5. Process the collected raw data. Analyze the processed flow data for average dry weather
flow (ADWF) and wet -weather flow patterns. Create hydrographs for the A/V and
Volucalc RT sites and determine wet -weather peaking factors at standard storm
recurrence and durations. Develop hyetographs using rain gauge data.
6. Perform an inflow and infiltration analysis, including:
• Inflow peaking factors and peaking factor regression;
• Scattergraphs, hydrographs, and rainfall hyetographs; and
• An analysis of current basin conditions including downstream control and
surcharging assessment as can be determined from meter data.
7. Prepare and submit a letter report outlining results of the analysis with recommendations
for future flow monitoring and sewer inspection work.
8. Include the following in the report:
• Details on each monitoring location;
• Summary of the flow, rainfall, and groundwater data evaluated;
• Conclusions from the data analysis, including evidence of downstream control,
surcharging, hydraulic bottlenecks, and levels of I/I;
• Recommendations for the next appropriate steps for flow monitoring or inspection
work for the City.
9. Provide with the final report a pdf of the final report as well as an electronic copy of all
digital documents and processed flow -monitoring data.
10. Provide project management services for the duration of the project. Attend up to two
meetings with City staff.
ITEMS REQUESTED FROM THE CITY
RJN requests the following items from the City:
1. GIS databases and sanitary sewer atlas including locations of A/V meters, Volucalc RT
units, rain gauges, and groundwater monitors.
rj n group
Page 4
2017 Flow Meter Data Analysis
September 27, 2017
2. Access to the manholes and lift stations for site inspections.
3. Complete A/V meter, Volucalc RT unit, rain gauge, and groundwater monitor data to be
evaluated, including the full meter databases as applicable.
4. Lift station operation assistance during the fill and draw process.
5. Traffic control assistance as needed for high traffic areas.
SCHEDULE
The key schedule parameters for this project are as follows:
1. The site investigation will take place within one month of a notice to proceed.
2. The letter report will be submitted to the City within three months of completion of site
investigations and/or receipt of City data, whichever is later.
PROPOSED FEE
This scope of services will be invoiced on a percent complete basis for a total cost of $39,500.
It is our pleasure to submit this proposal to the City of Waterloo. Please feel free to contact Zach
at (630) 818-6689 if you would like to discuss this proposal in detail. We are looking forward to
the opportunity to begin working with the City on this important project.
Sincerely,
RJN Group, Inc.
Zachary J. Matyja, P.E. Catherine Bucldey, P.E.
Client Manager Project Manager