HomeMy Public PortalAboutResolution 2020-57, Approving Recommendation Engage McClure Engineering Instpect Joint Sanitary Sewer Interceptor Line Through RiverdaleRESOLUTION 2020-57
A RESOLUTION APPROVING STAFF RECOMMENDATION TO ENGAGE
MCCLURE ENGINEERING TO INSPECT THE JOINT SANITARY SEWER INTERCEPTOR LINE
THROUGH RIVERDALE, IOWA
WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and
operating under the laws of the State of Iowa, and;
WHEREAS, on June 29, 2020, the City was notified by McClure Engineering (on behalf of
the City of Bettendorf) that it would be smoke testing and inspecting the interceptor
sewer line running under Hwy 67 (State Street) in early July (Exhibit "A"), and;
WHEREAS, on June 30, 2020, Riverdale's City Engineer (Chris Cooper, MSA Professional
Services) provided a summary of his discussion with Luke Hugghins (McClure Engineer)
about the project and as a result, recommended the City of Riverdale enter into an
agreement for testing of the interceptor sewer line running under Hwy 67 (State Street)
in Riverdale (Exhibit "B"), and;
WHEREAS, the City had planned to inspect the interceptor sewer at some point in the
future as part of its comprehensive sanitary sewer rehabilitation project which is
intended to eliminate inflow and infiltration (18,1) from the City's sewers over a 4-7 year
period in advance of an order from the Iowa DNR and as part of the City's
responsibilities related to its ownership of the joint sanitary sewer line and waste water
treatment plant through a 28E agreement with the cities of Davenport, Bettendorf and
Panorama Park, and;
WHEREAS, the cost of services to be provided by McClure Engineering (explained in
more detail in Exhibit "C", attached) should not exceed $6,000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA,
That the City Council of Riverdale, Iowa authorizes the Mayor to sign the proposed
services agreement with McClure Engineering and for the City Administrator to
administer the delivery of services to the benefit of the City.
Passed and approved this 14th day of July 2020.
APPROVED ATTEST
\lidioctro_
chael Baw. - , Mayor Katie Enloe, Deputy Clerk
1110
McCLURE
1360 NW 121 " Street
Clive, IA 50325
Engineering Services
0 515.964.1229
F 515.964.2370
www.mecresults.com
July 9, 2020
Mr. Kent Royster — City Administrator
cityadmin@riverdaleia.org
RE: Riverdale-Bettendorf Interceptor Sewer Smoke Testing
Dear Mr. Royster,
We are pleased to submit to you, an agreement between McClure Engineering Company of Clive,
Iowa, hereinafter referred to as "MEC" and the City of Riverdale, IA, hereinafter referred to as the
"Client" to provide professional engineering services. Based upon our previous conversations, we
expect our services at this point to include the field and data collection tasks of smoke testing the
sanitary sewer line that runs along the Highway 67 (State Street) corridor previously identified as
part of "The System" in the 28E agreement between the cities of Riverdale and Bettendorf.
Field Smoke Testing, Data Collection Not -To -Exceed est. Budget of $6,000
Our crew will notify the City and all residents at least 48 hours before executing any work by
hanging door notifications on each adjacent business or residence. The work will generally consist
of placing a smoke blower on manholes along the alignment to generate a lightly pressurized pipe
condition suitable for identifying potential sources of inflow and infiltration in the sanitary sewer
system. The section is estimated to be 9,374 feet. A 3'd party traffic control firm will be utilized to
divert the traffic in this area as needed, though it will not close the road entirely and is not
anticipated to take more than a couple of days, weather dependent. We propose to provide any
defect information to the City's identified engineer, Chris Cooper with MSA, to include in any future
review or analysis, independent of McClure. The proposed scope and estimated fee are for
gathering the data only.
The total fee based upon the above -mentioned scope of work is in reference to a lineal foot price
of $0.60/ft of smoke tested pipe. Work required beyond this scope may be completed per the
$0.60 per additional foot of smoke testing or if additional phases or tasks are pursed, they may be
completed per the rate schedule attached as Exhibit B or at a previously arranged and agreed upon
compensation rate.
If approved please print and sign two copies of this letter agreement below, return one copy to
my attention and keep the other copy for your records. If you have any questions, please do not
Page 1 of 2
hesitate to contact me at (319) 926-9090. Thank you for considering McClure Engineering
Company for your professional engineering needs.
McClure Engineering Company
A.
By:
Luke A Hugghins
Date: 7/09/20
Enclosures: Exhibit A — General Conditions
Exhibit B — Hourly Rate Schedule
City of Riverdale, IA
Page 2 of 2
Exhibit 'A'
McCLURE ENGINEERING COMPANY
STANDARD TERMS AND CONDITIONS
ACCESS TO SITE: The Engineer shall at all times have access to the site t
complete his Work.
INFORMATION PROVIDED BY OTHERS: The Engineer shall be entitled to
rely upon the accuracy and completeness of data provided by the Owner and
shall not assume liability for such data. The Engineer does not practice law,
insurance or financing; therefore, the Owner shall furnish at legal, accounting,
and insurance counseling services as may be necessary to protect themselves
at any time during the Project. Owner shall hold Engineer harmless from
damages that may arise as a result of inaccuracies of information or data
supplied by Owner or others to Engineer.
ADDITIONAL SERVICES: As an Additional Service in connection with
changes in the scope of the Engineer's work by the Owner, the Engineer
shall prepare Drawings, Specifications and other documentation and data,
evaluate Contractor's proposal and provide any other services made
necessary by such Change Orders and Construction Change Directives. The
Engineer will be entitled to additional compensation to coordinate such
changes and schedules shall be adjusted accordingly.
OWNERSHIP AND REUSE OF DOCUMENTS: All reports, plans,
specifications, field data and other documents written and/or electronic,
prepared by Engineer in doing work on the project, shall remain the property
of the Engineer. The documents prepared by the Engineer for this Project
are for use solely with respect to this Project. The Engineer's Drawings,
Specifications or other documents shall not be used by the Owner on other
projects or for additions to this Project, except by agreement in writing and
with appropriate compensation to the Engineer.
OPINIONS OF PROBABLE COSTS: It is recognized that neither the
Engineer nor the Owner has control over the cost of labor, materials or
equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding, market or negotiating conditions. Accordingly, the
Engineer cannot and does not warrant or represent that bids or negotiated
prices will not vary from any estimate of costs or evaluation prepared or
agreed to by the Engineer.
DISPUTE RESOLUTION: Claims, disputes or other matters, involving a value
less than $200,000.00, in question between the parties to this Agreement
arising out of or relating to this Agreement or breach thereof shall be subject to
mediation unless each of the parties mutually agrees otherwise. No mediation
arising out of or relating to this Agreement shall include, by consolidation,
joinder or in any other manner, an additional person or entity not a party to this
Agreement, except by written consent containing a specific reference to this
Agreement signed by the Owner, Engineer, and any other person or entity
sought to be joined. In no event shall the demand for mediation be made after
the date when the institution of legal or equitable proceedings based upon
such claim would be barred by the applicable statute of limitations. The award
rendered in the mediation shall be non -binding.
TERMINATION: This Agreement may be terminated by either party upon not
less than seven days written notice should the other party fail substantially to
perform in accordance with the terms of the Agreement through no fault of the
party initiating the termination. This Agreement may be terminated by the
Owner upon not less than seven days' written notice to the Engineer in the
event the Project is permanently abandoned.
Failure of the Owner to make payments to the Engineer in accordance with
the Agreement shall be considered substantial non-performance and cause for
termination. If the Owner fails to make payment when due the Engineer for
services, the Engineer may, upon seven days' written notice to the Owner,
suspend performance of services under this Agreement. Unless payment in
full is received by the Engineer within seven days of the date of the notice, the
suspension shall take effect without further notice. In the event of a
suspension of services, the Engineer shall have no liability to the Owner for
delay or damage caused the Owner because of such suspension of services.
In the event of termination not the fault of the Engineer, the Engineer shall be
compensated for services performed prior to termination and all termination
expenses. Termination expenses are in addition to compensation for Basic
and Additional Services, and include expenses which are directly attributable
to termination.
CONTRACTOR MATTERS: The Engineer has no control over the
Contractor's means, methods, schedule, costs, quality control, workmanship,
on -site storm water runoff/erosion control, or project safety measures. For this
reason, the Engineer shall not be responsible for or assume liability for the
same.
o UNDERGROUND UTILITIES: Information for location of underground utilities
may come from the Owner, third parties, and/or research performed by the
Engineer or its subcontractors. Unfortunately, the information the Engineer
must rely on from various utilities and other records may be inaccurate or
incomplete. Therefore, the Owner agrees to indemnify and hold harmless the
Engineer for all claims, losses, costs, and damages arising out of the location
of underground utilities provided by the Engineer under this Agreement.
SHOP DRAWING REVIEW: If, as part of this Agreement Engineer reviews
Contractor submittals, such as shop drawings, product data, samples and
other data, as required by Engineer, these reviews and approvals shall be
only for the limited purpose of checking for conformance with the design
concept and the information expressed in the contract documents. This review
shall not include review of the accuracy or completeness of details, such as
quantities, dimensions, weights or gauges, fabrication processes, construction
means or methods, coordination of the work with other trades or construction
safety precautions, all of which are the sole responsibility of the Contractor.
Engineer shall not be responsible for any deviations from the contract
documents not brought to the attention of Engineer in writing by the
contractor. Engineer shall not be required to review partial submissions or
those for which submissions of correlated items have not been received.
CONSTRUCTION OBSERVATION: If, as part of this Agreement, Engineer is
providing construction observation services, Engineer shall visit the project at
appropriate intervals during construction to become generally familiar with the
progress and quality of the Contractor's work and to determine if the work is
preceding in general accordance with the Contract Documents. Unless
otherwise specified in this Agreement, the Owner has not retained the
Engineer to make detailed inspections or to provide exhaustive or continuous
project review and observation services. Engineer does not guarantee the
performance of, and shall have no responsibility for, the acts or omissions of
any contractor, subcontractor, supplier or any other entity furnishing materials
or performing any work on the project.
HAZARDOUS MATERIALS — INDEMNIFICATION: The Engineer is not in
the business of making environmental site assessments for purposes of
determining the presence of any toxic, hazardous or other environmental
damaging substances. The purpose of this provision is to be certain that the
Owner is aware of the potential liability if toxic, hazardous or environmental
damaging substances are found on or under the property. Engineer makes no
representations regarding an environmental site assessment, relies upon
Owner to have fully investigated the need and/or scope of such assessment
and assumes no responsibility for the determination to make an environmental
site assessment on the subject property.
PAYMENT: Amounts unpaid 30 days after invoice date shall bear interest
from the date payment is due at a rate of 1.5% per month compounded and
shall include costs for attorney fees and other collection fees related to
collecting fees for service.
LIMITATION OF LIABILITY: The Engineer's liability shall be limited to
$50,000.00 or the fee for the work performed, whichever is greater, or as
specifically agreed to by separate agreement.
WAIVERS: The Owner and the Engineer waive all rights against each other
and against the contractors, consultants, agents and employees of the other
for damages, but only to the extent covered by property insurance during
construction. The Owner and Engineer each shall require similar waivers from
their contractors, consultants and agents.
ASSIGNMENT: The Owner and Engineer, respectively, bind themselves,
their partners, successors, assigns and legal representatives to the other party
to this Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of this
Agreement. Neither Owner nor Engineer shall assign this Agreement
without the written consent of the other.
GOVERNING LAW: Unless otherwise provided, the Agreement shall be
governed by the law of the State of Iowa.
COMPLETE AGREEMENT: This Agreement represents the entire and
integrated agreement between the Owner and Engineer and supersedes all
prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both Owner
and Engineer. Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the
Owner or Engineer.
(Effective 10/10/2018)
(Supersedes 10/01/2011)
M:\STANDARDS\AGREEMENTS STANDARD\EXHIBITS\TERMS AND CONDITIONS STANDARD AGREEMENT 10-10-18.DOCX
4/17/2020/4:35:47 PM
III
McCLURE
Exhibit'B'
McCLURE ENGINEERING COMPANY
HOURLY RATE SCHEDULE
(Effective through December 31, 2020)
PERSONNEL HOURLY RATE
Administrative $80.00
Client Liaison $180.00
Engineer I $110.00
Engineer II $140.00
Engineer III $170.00
Engineer IV $210.00
Project Manager I $1 70.00
Project Manager II $195.00
Project Coordinator $90.00
Principal $250.00
Senior Principal $295.00
Community Planner I $135.00
Community Planner II $225.00
Landscape Architect I $100.00
Landscape Architect II $135.00
Engineering Tech I $85.00
Engineering Tech II $105.00
Engineering Tech III $125.00
Engineering Tech IV $160.00
Land Surveyor I $130.00
Land Surveyor II $160.00
On -Site Representative I (OSR I) $105.00
On -Site Representative II (OSR II) $145.00
Crew Chief (CC) $120.00
Crew Member (CM) $90.00
Intern $ 70.00
Survey Crew $200.00
EQUIPMENT
3D Scanner per Scan $30.00
UAV per Flight $125.00
Sonar Boat $125.00
MISCELLANEOUS EXPENSES
Survey Vehicle Mileage $0.70/Mile
Automobile Mileage (at current IRS rate) Current IRS Rate
Printing Per Contract
Survey Supplies (Hubs, Lath, Paint, Nails, etc.) Per Contract
Out -of -Pocket Expenses (Meals, Hotels, etc.) Per Contract
MCCLURE-