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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-