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HomeMy WebLinkAboutRes 09-50 Entering into an Agreement with RJN GroupRESOLI ! i i i • ENTERING r AN '' RJN GROUP, INC., FOR ENGINEERING ANALYSIS, INSPECTION, AND TESTING OF SANITARY SEWER LINE AT A COST OF APPROXIMATELY $60,000; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF • OF WESTLAKE, TEXAS. WHEREAS, the Town of WHEREAS,line� and desires to work with the City of i to transfer ownership of the N-1 sewer line to the Trinity RiverAuthority; WHEREAS, the transfer to TRA is contingent•• iry repair of defects within Westlake's collection system contributing to increased groundwater intrusion; and WHEREAS, the Town Council• •- • • and subsequent repairspublic and is in the best interestof the i and WHEREAS, the Town Council finds that funding for the sewer line inspection and testing is necessary for the transfer; and WHEREAS, the s:..t for the testing ani inspection is included in thFY e adopted i budget, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and attachedSECTION 2. The Town Council of the Town of Westlake hereby approves the contract with RJN Group, Inc., for the testing and inspection sanitary sewer line located in the Basin WL -2, and further authorizes th- Town Managerto execute the ,?greement on behalf of the Town Town Secretary Laura Wheat, Mayor Tom Brym&-,T6 Moager OEM EXHIBIT "A" 3, ,Z ffinak5WA WJftT&4XUi r THIS AGREEMENT is made this day of -U-ACbU? ,200 Ci by and between the Town of Westlake, Texas (hereinafter referred to as "TOWN") and RJN Group, Inc. (hereinafter ed to s WHEREAS, TOWN contemplates"# to make improvements collection system. This project is to be known as "Wastewater Collection System Assessment Project - Basin WL 2" and hereinafter referred to as the "Project". WHEREAS, qualified, able, and desirous of performing thenecessary forthengineering work upon which the Project is based and is willing and able to work with TOWN staff to organize and coordinate the professional services necessary to complete the Project as described in the Attachment I which is attached hereto and incorporated by reference as if fully set forth herein. NOW, THEREFORE, TOWN engages ENGINEER to perform, and ENGINEER agrees to perform, the engineering work for the Project, as more fully described herein below, and TOWN agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the payments in the amounts herein specified, all in accordance with the terms more fully set out below and as provided in Attachment 11 which is attached hereto and incorporated by reference as if fully set 1. ARTICLE ENGINEER will provide the supervision, direction, personnel and equipment to perform r engineering ra1! aY. outlined r Attachment rdance with a avrms r forth Agreement t in Attachment Services refer to the professional services performed by ENGINEER pursuant to this Agreement. TOWN, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and/or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the time required for, the performance of any part of the Services under the Agreement, an writingequitable adjustment will be made by mutual agreement and this Agreement shall be modified in accordingly. The TOWN shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the TOWN's possession relative to existing facilities and to the Project. ERGINEER has the right to examine the site in order to become acquainted with local conditions at accepts # # otherwise noted • to the employeesAny coordination or scheduling of work by the TOWN shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by be i, with TOWN. rightsF. Assignment and Subcontractors/Third Party Rights. The and obligations c# --.herein -. personal each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior consent of the TOWN. ENGINEER covenants and agrees that it will perform the work hereunder as an independentcontractor,!€ not as an officer,#*` is employee of ON controlENGINEER shall have exclusive of # exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between the TOWN and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between the TOWN and ENGINEER. signature of # to the TOWN that it has made full disclosure in writing of any existing conflictsinterest or potential of - - including personal financial interests, direct or indirect, in property abutting the proposed Project and business !propertyowners.a further disclosure in writing of M of - develop • to the signing of contract and prior to final payment under the contract. MIGME SM011MMIMIN Approval by the TOWN of this Agreement shall not constitute or be deemed to be a release of the responsibility .r of officers,#-nts, employees, and subcontractors for the accuracy and competency of the Services performed under this Agreement, including but not limited to surveys, designs, working drawings and specifications r other engineering Such approval # be deemedto bean assumption • liabilitynegligent error,r • performances'general design concept of the Improvements to be constructed. ENGINEER's professional services or in the conduct or preparation of the subsurfa investigations, surveys, designs, working drawings and specifications or other engineerin documents by ENGINEER, its officers, agents, employees and subcontractors, it being t intent of the parties that approval by the TOWN signifies the TOWN's approval of only fflvmmmm• i!' , ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOL HARMLESS TOWN, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND A DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH 0 INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT A OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSON FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THI CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY 0 BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEE AGAINST t AND CLAIMSt DEMANDS. thirdFor purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) this Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any person • • the fact that such third person or entities Agreementbe in a contractual relationship with TOWN and ENGINEER, or both; and (2) the terms of this .. not #'# to release, either b contract or operation of law, any third person or entity from obligations they owe to either TOWN or ENGINEER. L. Successors • Assigns. _ TOWN each r themselves and theirsuccessors, 2dministrators and assigns to the other party to this Agreement and to the successors, administrators and assigns of other party with respectto all covenantsof Agreement. Neither the TOWN nor ENGINEER shall assign or transfer its interest in this r-1�1 Agreement without prior written consent of the other, MEN 11. ARTICLE Mb Provide full information as to TOWN's requirements for the ProjeA 2. Assist ENGINEER by placing at ENGINEER's disposal all information in TOWN's control or knowledge which is pertinent to the Project, including executed right-of- way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; Pay all costs incident to advertising for obtaining bids or proposals from Contractors; 5. Give prompt written notice to ENGINEER whenever TOWN observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; 6. Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the TOWN's decisions; 7, Provide all information and criteria as to the TOWN's requirements, objectives, and expectations for the Project including all numerical criteria that are to be met and all standards of development, design, or construction. Provide to the ENGINEER all previous studies, plans, or other documentg- pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, upon all of which the ENGINEER may rely; and 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. M Provide any other information or assistance as outlined in Attachment I hereto. M=111�... Ill. ARTICLE COMPENSATION FOR ENGINEERING SERVICE! The TOWN shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: iiii 1111111m Ill I I � 11 1111111 The ENGINEER shall bill the TOWN monthly for costs incurred in accordance with the work performed provided the limits set out in Article Ill hereof have not been exceeded. Payment shall be due within thirty (30) days of receipt by TOWN of a properly prepared and correct invoice from ENGINEER, Remittances shall be made to ENGINEER's office at 12160 Abrams Road, Suite 400, Dallas, Texas 75243. V. ARTICLE ADDITI In addition to performing the engineering services set out in Article 1, hereof, ENGINEER agrees to perform additional services as requested by TOWN from time to time and TOWN agrees to compensate ENGINEER for such services in accordance with ENGINEER's standard hourly fee as determined by the actual costs incurred and by actual time expended, such Qervices to be one or more of the following: If -lake or prepare detailed description of sites, maps, or drawings related there anM outside the scope of the Project; I 2 Appearances before courts or boards on matters of litigation or hearings related to the Project; 3. Miscellaneous engineering work for TOWN not related to the Project;. 4, Other services agreed to by the parties in writing attached hereto as Aftachment If and incorporated herein. In performing its professional services, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made liIR 'M i -JQ-JWARJ-WA or intended by the ENGINEER's undertaking herein or its performance of services, and it is agreed that the ENGINEER is not a fiduciary with respect to the TOWN. This Agreement shall be effective upon execution by the TOWN and ENGINEER, ant shall remain in force until work is completed on the Project or until terminated under thet provisions hereinafter provided in Article IX. The TOWN may terminate this Agreement at any time for convenience or for any cau upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice t ENGINEER shall immediately discontinue all services and work and the placing of all orders i the entering into contracts for supplies, assistance, facilities, and materials in connection w 211 insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. IX. ARTICLE All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic formats, shal;-� become the property of the TOWN if this Agreement is terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by TOWN. 2 Reuse, change or alteration by the TOWN or others acting by or on behalf of TOWN of such documents without the permission of ENGINEER shall be at TOWN's sole risk, X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's expense, insurance of the type and of minimum coverage limits as follows: T,Vorkers Compensation - Statutory Employer's Liability - Limits as required by th"t State of Arkansas, 2. Comprehensive General Liability, Bodily Injury and Property Damage includirl is � 3, Comprehensive Automotive Liability, Bodily Injury and Property Damage in combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to TOWN, evidencing the coverage required above, shall be provided to the TOWN upon execution of this Agreement, Such certificates shall provide that the insurer will give the TOWN not less than thirty (30) days notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without TOWN's consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder. Such insurance shall be in the minimum amount of $1,000,000, In this connection, upon the signing and return of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to the TOWN as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to the TOWN. AUTHORIZATIOU�- XI. ARTICLE I M, )QUSS-4-110 -CQUMjURIkJ TOWN and ENGINEER agree that the Project is planned to be completed by July 30, 2010. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond its control. By mutual agreement, TOWN and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to TOWN's approval. It is understood that this Agreement contemplates full and complete engineering services for this Project, including any and all Services necessary to complete the work. For additional Engineering Services, the authorization by the TOWN shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services, and the basis for compensation as agreed upon by TOWN and ENGINEER. XII. ARTICLE NOTICE Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: 9-910MM i�*MVA If to TOWN: Town of Westlake 3 Village Circle, Ste, 202 Westlake, TX 76262 SHE MI.- If to ENGINEER: RJN Group, Inc. 12160 Abrams Road, Suite 400 Dallas, Texas 75243 Phone: 972-437-4300 Fax: 972-437-2707 LMMMMM In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provisions of this Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall not substantially affect the rights or obligations granted to or undertaken by either party. .-�# al==. Mw UMMM 90 M Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas, This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF the parties have caused this Agreement to be executed in two equal originals on the date w4»<,: above mentioned. TOWN OF EST KE: By: — /\ «\� . ;' z Tom Bryn4r-,-T4A nnage/ ATTEST: d' Kelly war , Tow Secretary_ Kelso, Vice President ATTACHMENT I kk#_ffdAA1]lI9l3;= 1. PROJECT DESCRIPTION The scope of services to be provided by RJN includes all necessary professional and field services for the following: RJN Group, Inc.'s responsibilities include field services, analysis, reporting and assistance to the TOWN in developing an I&I reduction program. The study area is comprised of approximately 36.000 linear feet in Basins WL - 2 identified as having the highest levels of inflow in the 2009 flow monitoring program. Meet with TOWN staff on a periodic basis, to update previous investigative work, to coordinate upcoming work, and to receive any input from staff. Meetings will be held at significant project milestones with written documentation of each meeting provided. Perform general consultation with appointed TOWN representative on an as -needed basis. Provide general overview opportunities for TOWN personnel for observing regularly scheduled field inspection and testing activities. Perform ENGINEER's internal project control procedures on a monthly basis including schedule and budget control, quality control review, and monthly progress reports. Collect and review existing information including maps, flow records, and other pertine information. TOWN will provide maps of the wastewater system. Number all manholes and cleanouts found during the investigation not shown on the maps provided, Update the maps and provide them to the TOWN. Updates shall inclu new lines, manholes and cleanouts, and hydraulic network changes. Prepare preliminary field maps for project use from existing maps provided by the TOWN. All drainage areas, sewers, manhole numbers will be shown on the maps, Establish a data management system and maintain collected data throughout project duration. Prepare data for use in analysis and report generation. ENGINEER will prepare and deliver notices necessary for the performance of smoke testing. Every reasonable effort will be made to distribute notices two (2) days prior to smoke testing; however, the TOWN will allow the ENGINEER to distribute notices up to a minimum of one day in advance of smoke testing. ENGINEER may distribute notices up to a maximum of fourteen (14) days prior to smoki; testing. If conditions do not allow smoke testing to be performed during this period, ENGINEER will redistribute notices. If redistribution of smoke notices is required, testing may be performed within one (1) day of noticing. RJN shall review all information collected by the TOWN to ensure a thorough understanding of the project background. A kick-off meeting with the TOWN shall be conducted to develop a thorough understanding of the project, goals and to coordinate the routine and timely exchange of information. 0 NDITIONS ASSESSMENT Manhole Inspection: Utilizing industry standard safety procedures and appropriate traffic control, all subsurface manhole components will be inspected. All subsurface manhole components including the frame seal, walls, manhole bench and trough will be inspected. Potential maintenance problems are also recorded and provisions to repair the problems are included in the recommendations. Depth and velocity measurements will be estimated at each line segment to identify any possible restrictions in the lines. All pipes entering or exiting the manhole structures that are descended will be inspected for defects and restrictions. The manhole rim to invert dimension will be recorded for all connecting lines. Flow rates are estimated for major sources of 1/1 in each of the manholes inspected. Any major 1/1 sources or defects will be immediately reported to the TOWN. The recorded data includes the following: Location and identification number Potential for surface water ponding on manhole cover Cover type, fit, distance above or below grade, evidence of inflow Frame adjustment, type and condition of seal, evidence of inflow Corbel construction, condition, evidence of inflow Wall construction, condition, evidence in infiltration Bench/trough construction, condition, deposition, evidence of infiltration Pipe seal condition, evidence of infiltration Step and rung condition Inside diameter Surcharging or evidence of surcharging Indication of groundwater level at time of inspection Maintenance problems • Line segment diameter and direction a DI U&INIM41 NOW - ins e, at no additional cost to the TOWN. Once the TOWN has located or provided access to these manholes within 30 days of notification, the ENGINEER will complete all necessary inspection$ at no additional cost to the TOWN. The data management/computer model will be used to process and analyze the inspection data, Z Smoke Testing: This task will specifically identify sections of sewer lines and sources where excessive infiltration and inflow may be expected to occur during wet -weather periods including locations of stormwater transfer into the sanitary sewer system, A dual blower intensified smoke testing technique will be utilized to test sewer lines in the selected study areas. This enhanced method uses two smoke blowers for each test segment instead of the conventional technique of one blower, and partial plugging of the segment. The objective is to provide the maximum amount of smoke pressure to identify connections from sources such as catch basins, roof leaders, yard drains, area drains, and detectable main line and lateral defects. Smoke testing will be performed only during dry periods to maximize the effectiveness of the smoke testing program. 3Dyed Water Flooding. - Inflow sources will also be identified by means of dyed water flooding of storm sewer sections and suspected overflows, stream sections, ditch sections, and ponding areas that may be contributing to inflow. Positive dye tests are quantified for leakage rate. Field inspection data are input to the computerized data management system and analyzed. A water meter and water for dyed water flooding will be provided by the TOWN at no charge to the ENGINEER. Dyed water flooding shall be conducted prior to television inspection to verify the existence of inflow and infiltration sources. Dyed water flooding will also be conducted in conjunction with televised inspection to quantify the magnitude of 1/1 sources and to identify the specific nature of the defect. 4Interim ReportlCleaning and Internal Television (TV) Inspection: A, Perform analysis of field investigations for TV inspection recommendations. Prepare a letter report summarizing the justification and location of sewers to b TV inspected with concurrent dyed water flooding. Submit and discuss the rep with the TOWN, I At the option of the Owner, perform cleaning and internal TV inspection of selected sewer lines and record findings. Sanitary sewer lines will be lightly cleaned in order to view the condition of the pipe. Heavy cleaning and root cutting is not a part of this contract. During cleaning operations, all sludge, debris, etc. shall be removed from the sewer and disposed of properly. CObserve Television Inspection activities and perform Concurrent Dyed Water Flooding with TV inspection to verify locations of inflow defects. Review television inspection data and enter into project database. 5 Defect Analysis and Report: X Develop rehabilitation and improvement costs for various types of infiltration/inflow defect repairs and sewer improvements for line and manhole improvement. BPerform priority analysis for infiltration rehabilitation plan based on applicable rehabilitation method, mater4, and costs. C, Perform analysis for inflow rehabilitation plan based on applicable rehabilitation method, material and costs. DDevelop recommendations for rehabilitation of both public and private 1/1 sources in priority order, cost estimates by individual rehabilitation type, and estimated 1/1 reduction as a result of the recommendations. EPrepare and submit three (3) copies of a draft report, which includes results of the 1/1 investigations, findings, cost estimates, recommended plan to reduce 1/1 and a preliminary schedule of implementation for sewer rehabilitation (CIP Program recommendations). 'The draft report will be presented and discussed with TOWN staff. After comments are received, a final report will be prepared and submitted to the TOWN. ENGINEER will provide five (5) copies of the fina' report. Recommendations for the improvements will consider the following methods. allam 1, sMw Main Replacement Point Repair Inversion Lining Expansion Lining Access Structure Rehabilitation Access Structure Replacement The ENGINEER shall compile all findings, reports and field cataloging into a hard copy form and on CD-ROM. The ENGINEER shall deliver to the TOWN, as outlined in the Scope of Work, all information pertaining to the investigation and final analysis of the SSES project. All documentation and reports shall be delivered as outlined above and herein to be access with MS Windows XP Word 2003 and Excel 2003 and Access 2003. Final •• • findings and recommended .• plan, All data collected during the investigation will be provided in Microsoft Access and/or Excel. Data includes manhole inventory and condition information, line segment inventory and condition information, and private sector defect identification and location. Hard copies of the field inspection forms will also be •" ATTACHMENT 11 COMPENSATION SCHEDULE Town of Westlake - Sanitai Sewer Assessment: Basin WL -2 In consideration of the services to be performed under this Agreement, ENGINEER Shall '#,e paid as per the following compensation schedule: - - - ----F- 1 - Adihinistration 1 - LS $3,500.00 $3,500.00 2. Data Mani! 1 LS $2,255.00 $2,250.00 3 . 14. I Manhole Inspection (above A ground) 142 EA $66.00 $9,372.00 ublic Relations 1 LS $750.00 $750.00 5. Smoke Te§I!N i — Street 32,000 LF $0.41 $13,120.00 Off - Street 4,000 I LF $0.45 $1,800.00 6. ._Pye 6 EA $325.00 $1,950.00 7. Cleaning/CCTVlns action 3,600 LF $2.50 $9,000.00 8 9. CCTV S i ape Review y�e_rvisionj Analysis 3,600 1 LF I LS $1.60 $4,500.00 $5,760.00 $4,500.00 10 F Re art 1 LS $2,500.00 —$2,500.00 11 Contin enc ------------ 1 ' ' L�*' LS 1$5,450.20 4*U'2u $5,450.20 7 I fLO T �AL $�595�220 '9 OUR= W -..- Mw