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HomeMy Public PortalAboutResolution 2019-08, Approving A Professional Services Agreement With MSA Planning, Plans and specifications For Havens' Acres Roadway Rehabilitation Project, February 21, 2019 RESOLUTION NO. 2019-08 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MSA PROFESSIONAL SERVICES FOR PLANNING,PLANS AND SPECIFICATIONS FOR A HAVENS' ACRES ROADWAY REHABILITATION PROJECT FOR THE CITY OF RIVERDALE, IOWA WHEREAS, The City Council of the City of Riverdale("City")has indicated its interest in open meetings since late summer, 2018 in carrying out roadway improvements utilizing unallocated general fund moneys; and, WHEREAS,the City engaged its civil engineer, MSA Professional Services, Inc. ("MSA")to conduct analyses of its street and road conditions and make recommendations for prioritizing repairs and improvements;and, WHEREAS, MSA did present a recommendation to the Council,dated October 24,2018, proposing certain repairs and improvements for streets in the Havens' Acres neighborhood,projecting a cost estimate of$237,900 in then-current dollars;and, WHEREAS,at subsequent meetings,the City assessed utilization of said unallocated general fund moneys for specific street repairs and finds that a repairs and improvements project for streets in Havens' Acres neighborhood to be prudent use of those funds for the purpose of improving travel conditions for the neighborhood beginning within the next fiscal year; and, WHEREAS,the City is authorized to enter into agreements with its civil engineer to prepare plans and specifications and otherwise carry out planning exercises on behalf of and for the benefit of its constituents. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, SCOTT COUNTY, IN THE STATE OF IOWA: Section 1. That MSA Professional Services, Inc.has provided a Professional Services Agreement to the City for the Havens' Acres Roadway Rehabilitation Plan, dated February 12,2019, in the proposed lump sum fee of$28,500.00,and said Agreement is attached hereto and is hereafter a part of this Resolution. Section 2. That following its consideration of the proposal,the City Council accepts the Professional Services Agreement from MSA dated February 12, 2019, in the proposed lump sum fee of $28,500.00 for the Havens' Acres Roadway Rehabilitation Plan. Section 3. That with Council approval,the Mayor shall execute said agreement and the City Clerk shall witness his signature. ,PASSED -• • : APS S VED this 26th day of February,2019. ATTEST: / V ichael Bawl n,Mayor Ronald Fu lerlove,City Clerk Prepared by City Administrator Tim Long February 21, 2019 Amendment M SA No. 1 To: City of Riverdale Date of Issuance: October 15, 2019 Mayor Mike Bawden 110 Manor Drive MSA Project No.: 10876057 Riverdale, Iowa 52722 This is an amendment to the Agreement dated February 12, 2019 and does acknowledge that MSA Professional Services, Inc. (MSA) is authorized to begin work on the following project amendment: Project Name: Havens Acres Roadway Rehabilitation The project scope has changed due to: This change is necessitated because of the increase of professional effort that was required to coordinate community involvement. This additional effort was due to the City temporarily discontinuing regular distribution of its electronic newsletter. The scope of the work authorized is: MSA distributed several rounds of private communication with the home owners in Havens Acres to inform them of driveway curb cuts (twice) and the project open house (once). The schedule to perform the work is: Approximate Start: February 27, 2019 Approximate Completion: July 1, 2020 Amount of Original Agreement: $28,500.00 The lump sum additional fee for the work is: $1,000.00 Modified Agreement Amount: $29,500.00 Authorization for the work described above shall amend the Agreement between MSA and OWNER. Any attachments or exhibits referenced in this Amendment are made part of the Agreement. Payment for these services will be on a lump sum basis. The additional work will be performed in accordance to the originally agreed to General Terms and Conditions of MSA, which are part of the original agreement. Page 1 of 2 G\10\10876\10876057\Contract\10876057 190927 Amendment 1 docx Approval: MSA shall commence work on this project in accordance with your written authorization. This authorization is acknowledged by signature of the authorized representatives of the parties to this Amendment. A copy of this Amendment signed by the authorized representatives shall be returned for our files. - - •-_ -_ _ _ A .. _ . _ _ _ --- -e CITY OF RIVERDALE MSA PROFESSIONAL SERVICES, INC. Mike awden Kevin Bailey, P.E. Mayor Team Leader Date: 1 - ii-r.' I 1 Date: ®c1743.c._✓ /S, Zoi 9 /YI m Pr-p4NccS 3i..EV/AiS ___OA4te_..o,cf, _____ City Clerk (Printed Name) Christian R. Cooper, P.E., CPESC. Project Engineer M. �2e2,v �-W 1T--ee/) oc e2 is ZE,e1 City Cle ( ignature) Date Date: //• 42- 07(2/ 2117 State Street, Suite 200 Bettendorf, Iowa 52722 110 Manor Drive Phone: (563) 424-3696 Riverdale, Iowa 52722 Phone: (563) 355-2511 Page 2 of 2 G\10\10876\108760571Contract\10876057 190927 Amendment 1 docx RESOLUTION NO. 2019-08 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MSA PROFESSIONAL SERVICES FOR PLANNING,PLANS AND SPECIFICATIONS FOR A HAVENS' ACRES ROADWAY REHABILITATION PROJECT FOR THE CITY OF RIVERDALE, IOWA WHEREAS,The City Council of the City of Riverdale("City")has indicated its interest in open meetings since late summer,2018 in carrying out roadway improvements utilizing unallocated general fund moneys; and, WHEREAS,the City engaged its civil engineer,MSA Professional Services,Inc. ("MSA")to conduct analyses of its street and road conditions and make recommendations for prioritizing repairs and improvements; and, WHEREAS, MSA did present a recommendation to the Council, dated October 24, 2018, proposing certain repairs and improvements for streets in the Havens' Acres neighborhood,projecting a cost estimate of$237,900 in then-current dollars; and, WHEREAS, at subsequent meetings,the City assessed utilization of said unallocated general fund moneys for specific street repairs and finds that a repairs and improvements project for streets in Havens' Acres neighborhood to be prudent use of those funds for the purpose of improving travel conditions for the neighborhood beginning within the next fiscal year; and, WHEREAS,the City is authorized to enter into agreements with its civil engineer to prepare plans and specifications and otherwise carry out planning exercises on behalf of and for the benefit of its constituents. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, SCOTT COUNTY,IN THE STATE OF IOWA: Section 1. That MSA Professional Services, Inc. has provided a Professional Services Agreement to the City for the Havens' Acres Roadway Rehabilitation Plan,dated February 12, 2019, in the proposed lump sum fee of$28,500.00, and said Agreement is attached hereto and is hereafter a part of this Resolution. Section 2. That following its consideration of the proposal,the City Council accepts the Professional Services Agreement from MSA dated February 12, 2019, in the proposed lump sum fee of $28,500.00 for the Havens' Acres Roadway Rehabilitation Plan. Section 3. That with Council approval,the Mayor shall execute said agreement and the City Clerk shall witness his signature. ,PASSEDD' ! APP!JIVED this 26'x' day of February, 2019. s� % / ATTEST: ��_ _, . V ichael Baws-n, Mayor Ronald Fu lerlove, City Clerk Prepared by City Administrator Tim Long February 21, 2019 Professional M �A Services Agreement This AGREEMENT (Agreement) is made today February 12, 2019 by and between CITY OF RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: Havens Acres Roadway Rehabilitation The scope of the work authorized is: See Attachment A The schedule to perform the work is: Approximate Start Date: February 27, 2019 Approximate Completion Date: See Attachment B The lump sum fee for the work is: $28,500 The retainer amount required is: 0.00 NOTE: The retainer will be applied toward the final invoice on this project. All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. Payment for these services will be on a lump sum basis. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CITY OF. ' - RDA MSA PROOFESSIONAL SERVICES, INC. I0. yayor Michelle :awden Kevin Bailey, P.E. ( Team Leader Date: Z(� rzert Date: !z-//� Clerk Ron Fullerlove `ristian R. Co..er, P.E., CPESC. Project Engineer Dater /9 Date: -e-t •/2/2,),/,7 110 Manor Drive Riverdale, Iowa 52722 2117 State Street, Suite 200 Phone: (563) 355-2511 Bettendorf, Iowa 52722 Fax: Owner's Fax Phone. (563) 424-3696 Fax: MSA Fax Page 1 of 1 P.\10800s\10870s\10876\10876057\Contract\Professional Services Agreement-Havens Acres Pavement Rehabilitation.docx MSA PROFESSIONAL SERVICES,INC.(MSA) GENERAL TERMS AND CONDITIONS OF SERVICES(PUBLIC) 1. Scope and Fee. The quoted fees and scope of services constitute the best estimate of the fees and tasks required to perform the services as defined. This agreement upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development service, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. MSA will promptly inform the OWNER in writing of such situations so that changes in this agreement can be made as required. The OWNER agrees to clarify and define project requirements and to provide such legal, accounting and insurance counseling services as may be required for the project 2. Billing. MSA will bill the OWNER monthly with net payment due upon receipt. Past due balances shall be subject to an interest charge at a rate of 12%per year from said thirtieth day. In addition, MSA may, after giving seven days written notice,suspend service under any agreement until the OWNER has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 3. Costs and Schedules. Costs and schedule commitments shall be subject to change for delays caused by the OWNER's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including,without limitation,fires,floods, riots, strikes, unavailability of labor or materials,delays or defaults, by suppliers of materials or services, process shutdowns, acts of God or the public enemy,or acts of regulations of any governmental agency. Temporary delays of services caused by any of the above which result in additional costs beyond those outlined may require renegotiation of this agreement. 4. Access to Site. Owner shall furnish right-of-entry on the project site for MSA and, if the site is not owned by Owner,warrants that permission has been granted to make planned explorations pursuant to the scope of services. MSA will take reasonable precautions to minimize damage to the site from use of equipment,but has not included costs for restoration of damage that may result and shall not be responsible for such costs. 5. Location of Utilities. Consultant shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the utilities noted. However,Owner agrees to indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information of instructions which have been furnished to Consultant by others. 6. Professional Representative. MSA intends to serve as the OWNER's professional representative for those services as defined in this agreement, and to provide advice and consultation to the OWNER as a professional. Any opinions of probable project costs, reviews and observations, and other decisions made by MSA for the OWNER are rendered on the basis of experience and qualifications and represents the professional judgment of MSA. However,MSA cannot and does not guarantee that proposals,bid or actual project or construction costs will not vary from the opinion of probable cost prepared by it. 7. Construction. This agreement shall not be construed as giving MSA,the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 8. Standard of Care. In conducting the services, MSA will apply present professional, engineering and/or scientific judgment,and use a level of effort consistent with current professional standards in the same or similar locality under similar circumstances in performing the Services. The OWNER acknowledges that "current professional standards" shall mean the standard for professional services, measured as of the time those services are rendered,and not according to later standards, if such later standards purport to impose a higher degree of care upon MSA. MSA does not make any warranty or guarantee, expressed or implied, nor have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, MSA will not accept those terms and conditions offered by the OWNER in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 9. Construction Site Visits. MSA shall make visits to the site at intervals appropriate to the various stages of construction as MSA deems necessary in order to observe,as an experienced and qualified design professional,the progress and quality of the various aspects of Contractor's work. The purpose of MSA's visits to, and representation at the site, will be to enable MSA to better carry out the duties and responsibilities assigned to and undertaken by MSA during the Construction Phase, and in addition, by the exercise of MSA's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of Contractor will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. On the other hand, MSA shall not,during such visits or as a result of such observations of Contractor's work in progress,supervise,direct or have control over Contractor's work nor shall MSA have authority over or responsibility for the means,methods,techniques, sequences or procedures of construction selected by Contractor,for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, MSA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 10. Termination. This Agreement shall commence upon execution and shall remain in effect until terminated by either party, at such party's discretion,on not less than thirty(30)days'advance written notice. The effective date of the termination is the thirtieth day after the non-terminating party's receipt of the notice of termination. If MSA terminates the Agreement,the OWNER may, at its option, extend the terms of this Agreement to the extent necessary for MSA to complete any services that were ordered prior to the effective date of termination. If OWNER terminates this Agreement,OWNER shall pay MSA for all services performed prior to MSA's receipt of the notice of termination and for all work performed and/or expenses incurred by MSA in terminating Services begun after MSA's receipt of the termination notice. Termination hereunder shall operate to discharge only those obligations which are executory by either party on and after the effective date of termination. These General Terms and Conditions shall survive the completion of the services performed hereunder or the Termination of this Agreement for any cause. This agreement cannot be changed or terminated orally. No waiver of compliance with any provision or condition hereof should be effective unless agreed in writing and duly executed by the parties hereto. 11. Betterment. If, due to MSA's error, any required or necessary item or component of the project is omitted from the construction documents, MSA's liability shall be limited to the reasonable costs of correction of the construction,less what OWNER'S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade,or enhancement of the project. Page 1 of 2 (General Terms and Conditions) P:110800s\10870s\10876\10876057\Contract\MSA General Terms and Conditions docx 12. Hazardous Substances. OWNER acknowledges and agrees that MSA has had no role in generating, treating, storing, or disposing of hazardous substances or materials which may be present at the project site,and MSA has not benefited from the processes that produced such hazardous substances or materials. Any hazardous substances or materials encountered by or associated with Services provided by MSA on the project shall at no time be or become the property of MSA. MSA shall not be deemed to possess or control any hazardous substance or material at any time;arrangements for the treatment,storage,transport,or disposal of any hazardous substances or materials,which shall be made by MSA,are made solely and exclusively on OWNER's behalf for OWNER's benefit and at OWNER's direction. Nothing contained within this Agreement shall be construed or interpreted as requiring MSA to assume the status of a generator, storer, treater, or disposal facility as defined in any federal, state, or local statute, regulation, or rule governing treatment,storage,transport,and/or disposal of hazardous substances or materials. All samples of hazardous substances,materials or contaminants are the property and responsibility of OWNER and shall be returned to OWNER at the end of a project for proper disposal. Alternate arrangements to ship such samples directly to a licensed disposal facility may be made at OWNER's request and expense and subject to this subparagraph. 13. Insurance. MSA will maintain insurance coverage for: Worker's Compensation,General Liability,and Professional Liability. MSA will provide information as to specific limits upon written request. If the OWNER requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the OWNER. The liability of MSA to the OWNER for any indemnity commitments, or for any damages arising in any way out of performance of this contract is limited to such insurance coverages and amount which MSA has in effect. 14. Reuse of Documents. Reuse of any documents and/or services pertaining to this project by the OWNER or extensions of this project or on any other project shall be at the OWNER's sole risk. The OWNER agrees to defend, indemnify, and hold harmless MSA for all claims, damages, and expenses including attorneys'fees and costs arising out of such reuse of the documents and/or services by the OWNER or by others acting through the OWNER. 15. Indemnification. To the fullest extent permitted by law, MSA shall indemnify and hold harmless, OWNER, and OWNER's officers, directors, members, partners, agents, consultants, and employees (hereinafter"OWNER")from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim,cost, loss, or damage is attributable to bodily injury, sickness,disease,or death,or to injury to or destruction of tangible property(other than the Work itself)including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of MSA or MSA's officers, directors, members, partners, agents, employees, or Consultants (hereinafter "MSA"). In no event shall this indemnity agreement apply to claims between the OWNER and MSA. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that MSA is responsible for attorneys'fees. This agreement does not give rise to any duty on the part of MSA to defend the OWNER on any claim arising under this agreement. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless, MSA, and MSA's officers,directors, members, partners, agents, consultants,and employees(hereinafter"MSA")from reasonable claims,costs, losses,and damages arising out of or relating to the PROJECT,provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of the OWNER or the OWNER's officers, directors, members, partners, agents, employees, or Consultants (hereinafter "OWNER"). In no event shall this indemnity agreement apply to claims between MSA and the OWNER. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that the OWNER is responsible for attorneys'fees. This agreement does not give rise to any duty on the part of the OWNER to defend MSA on any claim arising under this agreement. To the fullest extent permitted by law, MSA's total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss or damages caused in part or by the negligence of MSA and in part by the negligence of OWNER or any other negligent entity or individual,shall not exceed the percentage share that MSA's negligence bears to the total negligence of OWNER, MSA,and all other negligent entities and individuals. 16. Dispute Resolution. OWNER and MSA desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. OWNER and MSA also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both OWNER and MSA will endeavor to settle all controversies,claims,counterclaims,disputes,and other matters in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless OWNER and MSA mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim,dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of OWNER and MSA any controversy,claim, counterclaim,dispute, or other matter is not resolved through negotiation or mediation,OWNER and MSA agree and consent that such matter may be resolved through legal action in any state or federal court having jurisdiction. 17. Exclusion of Special,Indirect,Consequential and Liquidated Damages. Consultant shall not be liable, in contract or tort or otherwise,for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill,claim of third parties,or similar damages arising out of or connected in any way to the project or this contract. 18. State Law. This agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 19. Jurisdiction. OWNER hereby irrevocably submits to the jurisdiction of the state courts of the State of Iowa for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement. OWNER further consents that the venue for any legal proceedings related to this Agreement shall be,at MSA's option,Sauk County,Wisconsin,or any county in which MSA has an office. 20. Understanding. This agreement contains the entire understanding between the parties on the subject matter hereof and no representations. Inducements, promises or agreements not embodied herein (unless agreed in writing duly executed)shall be of any force or effect, and this agreement supersedes any other prior understanding entered into between the parties on the subject matter hereto. Page 2 of 2 (General Terms and Conditions) P.\10800s\10870s\10876\10876057\ContractMSA General Terms and Conditions docx MSA CITY OF RIVERDALE — HAVENS ACRES ROADWAY REHABILITATION ATTACHMENT A- SCOPE OF SERVICES In order to prepare Contract Documents for Bidding, and then to Bid the agreed upon work, MSA will perform the following tasks: Preliminary Plans: 1. MSA will attend City Council Meetings to report on project progress as part of their Project Update Report. 2. MSA will survey the project to point ten feet beyond the back of curb. The survey will pick up readily visible features. If the survey is performed while there is snow cover, it is possible that some surface features may not be readily visible. 3. MSA will have pavement cores extracted to review the existing structure of the pavement. 4. MSA will reach out to the following agencies to determine if coordination with planned improvements under the agency's domain may be required: a. Iowa American b. MidAmerican Gas c. MidAmerican Electric d. Iowa Department of Transportation e. Bi-State Long Term Transportation Planning (i.e. Bicycle Route) 5. Assuming the Item E remains a City concern, MSA will work with Bi-State Regional Planning Commission, or other pertinent agencies to determine the viability of modifying the Regional Long Range Transportation Plan and to remove the Kensington connection from trail maps. If the Quad Cities MOP is agreement on severing the Kensington connection, MSA will incorporate into the roadway plans, the termination of the connection from Kensington to the Mississippi River Trail. 6. MSA will conduct a design information Iowa One Call to obtain maps of the buried utilities adjacent or beneath the proposed work. 7. With the City of Riverdale's assistance, MSA will evaluate property owners input to determine if a curb cut to the proposed drive entrance is appropriate. It is anticipated the City will make the request to Home Owners to provide input on their existing driveway entrances. MSA will provide information on the driveway entrances of concern. This information will include probable cost. Then, it is anticipated that City will decide if the resident's driveway entrance should be modified as part of this project. 2117 STATE STREET,SUITE 200 BETTENDORF,IA 52722 P(563)445-3501 •TF(866)732-6321 • F(563)445-3503 WWW.MSA-PS.COM Page 1 of 4 P:\10800s\10870s\10876\10876057 ATTACMENT A (Cont.) February 4, 2019 8. MSA will discuss sanitary sewer repairs with the City of Riverdale. Please note that sanitary sewer repairs, if required, will fall under separate project and budget. Any sanitary work will be identified in our 2018 Sanitary Sewer I & I evaluation. We are currently working on concluding this report. 9. Based upon feedback from agencies and property owners, MSA will prepare preliminary plans for City Review. 10. Based upon the preliminary plans, MSA will prepare an opinion of the probable construction cost for the project. 11. MSA will prepare a short narrative of the project for inclusion on the City's Website. 12. Prior to scheduling an open house to discuss the project with affected residents, MSA will review the project with City Staff and elected officials. Page 2 of 4 P:\10800s\10870s\10876\10876057\Contract\Attachment A- Scope of Services.docx ATTACMENT A (Cont.) February 4, 2019 13. MSA will attend a City of Riverdale sponsored meeting to discuss the project with affected home owners. MSA will bring exhibits to the meeting for the purposed of aiding discussion. 14. After receiving feedback from home owners and the aforementioned agencies, MSA will present a modified narrative of the project to City Council. The purpose of the narrative will be to draw attention to project modifications and possible unexpected results to discuss with City Council. Based upon the narrative, MSA will request authorization to proceed with final plans and specifications for bidding purposes. Final Plans: 15. MSA will prepare final plans. Final plans will include details, general notes, and a Project Storm Water Pollution Prevention Plan. 16. MSA will prepare a Project Manual that will include the project specifications in addition to Bidding and Agreement documents. 17. MSA will review the opinion of probable construction cost after final plans are completed. MSA will notify the city of the results of this review. 18. MSA will prepare,for future advertising purposes,the advertisement for the NPDES General 2 Permit application. 19. MSA will complete the paperwork for the NPDES Permit application. 20. MSA will again meet with City staff and elected officials to review Contract Documents. MSA and the City will agree on a bid date in the future. Pre-Bidding: 21. Prior to bidding, MSA will coordinate the publishing of the advertisement for the NDPES Permit. 22. MSA will submit the application for the NPDES General Permit 2 to the Iowa DNR. 23. MSA will prepare the advertisement for the legal notification of the project bidding. Bidding: 24. MSA will attend City of Riverdale Council meetings to report on bidding progress. 25. MSA will advertise the project on the Quest Website. Quest is a Contractor notification website that houses the Contract Documents for Contractors to download for a fee. 26. MSA will provide up to 6 hours to respond to Contractor request for information (RFI). In most cases the response will be through Quest. 27. MSA will lead a bid opening at City Hall. 28. MSA will review the bids. MSA will provide a summary of all bids to the City and all plan holders. 29. MSA will recommend an award to the City at and agreed upon City Council Meeting. 30. MSA will distribute a Contract. MSA will provide engineering assistance in reviewing and interpreting the Contract. Page 3 of 4 P:\10800s\10870s\10876\10876057\Contract\Attachment A- Scope of Services.docx ATTACMENT A (Cont.) February 4, 2019 31. Upon making a recommendation for an award, this project shall be complete. Items excluded from this Agreement: 1. If the Iowa Department of Transportation requires geometric reconfiguration of the Kensington / US 67 intersection, the preparation of plans and the approval process for this work are not included in this agreement. These services can be provided for an additional fee. 2. If the Quad Cities Metropolitan Planning Organization (MPO) requires rework of the Long Range Transportation Plan and the preparation of an alternate to the Kensington Link between the Duck Creek Multi-use Trail and the Mississippi River Trail, this work is not included in this agreement. These services can be provided for an additional fee. 3. If agencies with utilities near or beneath the proposed project, request modifications, this work shall be excluded from this agreement. MSA is the Engineer for the City of Riverdale. It would be a conflict of interest to work for another Client on matters related to this project. However, for the City Owned sanitary sewer, MSA can design modifications to the sanitary sewer. However,this work is in addition to the scope of work described in Attachment A. This work can be provided for an additional fee. MSA will work with a utility's engineer. Depending upon the scope of work, MSA's efforts may require an additional fee. 4. MSA will provide the text for advertisements. However, the City of Riverdale, will arrange for and pay for advertising separate from this agreement. 5. An open house is planned as part of this project. The length of the open house is limited to one hour. Additional time can be provided for an additional fee. In addition, if the City requests, a project kickoff meeting can be provided for an additional fee. 6. Soil borings are not provided as part of this project. It is not anticipated they will be required. But, if they do become required, MSA will assist the City in arranging for soil borings. Soil borings provide soils information for the subgrade as well as soil conditions for work on sanitary sewers. These differ from pavement cores that provide information on the pavement and aggregate base. 7. Repair of inlets as listed in the July 13, 2017 Memo sent to the City of Riverdale. This document identifies the repair of six inlets. If since that time, there has been damage to these inlets of other inlets that require their total replacement, this can be accommodated. Depending upon the extent of additional work, this might require an additional fee. 8. Additional meeting meetings beyond those identified in this agreement can be attended for an additional fee. It is assumed that all meetings will be held at the City of Riverdale City Hall. Page 4 of 4 P:\10800s\108705\10876\10876057\Contract\Attachment A- Scope of Services.docx MSA CITY OF RIVERDALE — HAVENS ACRES ROADWAY REHABILITATION ATTACHMENT B - PROJECT SCHEDULE This proposed schedule assumes the City of Riverdale executes this agreement by February 27, 2019: Project Schedule: 1. MSA will begin work by scheduling their internal survey shortly after project award. 2. With the City of Riverdale's assistance, will notify residents of the proposed project. The notification will include a request for information regarding roadway drainage problems, curb height adjustments or curb cuts that may be required, known manhole lid issues, buried water curb boxes, requests for improved traffic control, etc. It is anticipated this request will be distributed by the end of March. 3. MSA will inform the City of Riverdale on input to the project from associated agencies and utilities by the end of March. 4. MSA will have preliminary plans, an associated opinion of probable construction cost, and a project narrative completed for the City's use by the end of April. 5. At that same time, MSA will host an open house at City Hall at a mutually agreed upon time to discuss the project with residents. 6. MSA will present the summary of resident input compiled with agency and utility input at the first City Council meeting in May. 7. Given authorization to proceed with the project at that time, MSA will have final Contract Documents Completed by the first week in June. 8. At a mutually agreed upon time, MSA will submit the NPDES General Permit 2 to the Iowa DNR. 9. At a mutually agreed upon time in November, 2019, MSA will prepare the project for bidding. 10. At a mutually agreed upon time in December, 2019,MSA will host a bid opening at City Hall. 2117 STATE STREET,SUITE 200 BETTENDORF,IA 52722 P(563)445-3501 • TF(866)732-6321 • F(563)445-3503 WWW.MSA-PS.COM Page 1 of 1 P:\10800s\10870s\10876\10876057 MSA October 24, 2018 Mayor Michael Bawden City of Stronghurst 110 Manor Drive Rivedale, Iowa 52722 Re: City of Riverdale Dear Mayor Bawden: Your September 27, 2018 memo indicated the City is considering the allocation of$600,000 to$650,000 for roadway maintenance projects in 2019. And, it requested that MSA forward a proposal that, in our opinion, would provide for the best interests of the City. MSA's Riverdale Roadway Maintenance Study, dated January 30, 2018, identifies ten portions of City roadways requiring constructed maintenance, repairs, or replacement. The presented roadway work is prioritized based on the observed roadway conditions (i.e. the PASER Rating). However, there are many other basis that could be utilized to provide a prioritization method of roadway work. These include average daily traffic (ADT), roadway service type, cost per mile, grant eligibility, etc. Municipalities that have varied roadway transportation needs often have a residential roadway program. The reason is that based solely on ADT, project cost per mile, grant eligibility status, etc., residential streets will rarely ever rise to the level that puts them ahead of multilane or high use roads. However, there is a definite need for residential roadway repair programs, beyond just public relations. Good residential streets promote safety, property values, neighborhood appearance, house salability, winter time maintenance effectiveness, residential pride, drainage, etc. Because the basis for the governing of Riverdale is to serve its residents, MSA suggests the City elevate the priority of some residential streets for roadway repairs or replacement above some of the streets that serve industries but have lower PASER ratings (indicating they are in more need of repair). 2117 State Street Of the residential roadways listed as in need of maintenance and or repairs, Suite 200 Kensington Road from State Street to the railroad tracks has the highest ADT Bettendorf, IA 52722 of all the city residential roadways. Furthermore, the PASER rating of this P (563)445-3501 same portion of Kensington is the lowest of all the City's residential roadways. IF (888) 732-6321 Wisteria and the portion of Kensington from the railroad crossing to the south F (563)445-3503 dead end have the second lowest PASER rating of all the City residential roadways. The ADT of Wisteria and the south portion of Kensington are www msa-ps corn comparable to other City residential streets. Thus, there is a sound basis to select the streets from Havens Acres for a residential roadway project. 0 2018 MSA Professional Services P.110800s110870s\10875\10876057\Correspondence 10876057 181022 Roadway Program docx Page 2 Mayor Michael Bawden City of Stronghurst October 22, 2018 We note the following characteristics of a potential Havens Acres roadway repair project: • The roads are all in the same proximity to each other. The Contractor has to stage his project at only one location. • All the roads are asphaltic. Multiple contractors are not required to deal with both hot mix asphalt and Portland Cement Concrete pavements. • By the time final plans are developed for this project, the City will have definitive knowledge on the status of the sanitary sewer that is beneath the roadway. If sanitary sewer repairs are required, this could be accomplished prior to reconstructing the roadways. Possibly even in the same contract. Therefore, MSA suggests it makes fiscal sense to program the maintenance of these roadways ahead of the residential streets connected to Fenno Road and Manor Lane. Of all the City's roadways, Bellingham Road is in the worst condition of the City's surveyed roads. Bellingham Road services the Arconic industrial complex. Based on our understanding, Arconic provides a substantial tax base, as well as other types of support, to the City. Furthermore, Bellingham Road is a highly visible road. In our opinion, it does not a reflect well that a highly visible road within the City remains in poor condition. Finally, streets that can be repaired or replaced utilizing leveraged grant funds should be given a high priority. Utilizing grant funds to assist the City in their street maintenance programming allows City dollars to accomplish more. If there is the potential of Bellingham Road repair/replacement grant funds, MSA recommends the City should dedicate a portion of their funds to provide a fund match for this work. The Revitalize Iowa's Sound Economy (RISE) economic development program is a grant program administered by the Iowa Department of Transporation. The purpose of the grant is to aid in roadway infrastructure improvements that will serve industry and promote job retention or job creation through the completion of the roadway projects. The grant can vary from 50 percent to 80 percent of the total eligible costs, including engineering. Depending upon the grant amount awarded by the Transportation Commission, the City's match for this project could range from 20 percent to 50 percent of the total project costs. For these reasons, MSA suggests it is prudent to set aside monies dedicated to provide matching funds to complete the replacement of Bellingham Road. However, MSA notes that, at this time, it does not seem likely that possible forthcoming grants would be available in time to start construction of Bellingham Road in the spring of 2019. PROGRAMING: The budget costs of the suggested roadway work for the Havens Acres area is $237,900 based on 2018 dollars. Assuming, 2 percent inflation, this same work in in 2019 could cost about $243,000. The total cost includes probable engineering fees. However, the aforementioned cost does not incorporate the impact of any sanitary sewer work on roadway repair methods. If the soon-to-be performed sanitary sewer investigation within Havens Acres indicates there are sewer issues that need to be corrected, this will increase the aforementioned budgeted roadway repair costs. C 2018 MSA Professional Services P\1OB00s\10870s\10876\10876057\Correspondence\10878C57 181022 Roadway Program dock Page 3 Mayor Michael Bawden City of Stronghurst October 22, 2018 The budget cost of the report suggested roadway work for Bellingham Road is $759,400 based on 2018 dollars. This budgeted amount assumed that only City monies would be utilized in repairing the entirety of ham Road. Therefore, this budget assumed the total reconstruction of Bellingham Road between State Street and the railroad tracks and roadway patching between the railroad tracks and the south end of Bellingham Road. Assuming 2 percent inflation, this same work in 2019 could cost $775,000. These fees also include probable engineering fees. MSA notes, the complete replacement of Bellingham Road is about $1,270,000. If sufficient grant funding is awarded, MSA recommends the complete replacement of Bellingham so that the inconvenience of staging the repairs does not have to be revisited in about ten years when the south half of Bellingham Road might require total replacement. Assuming a worse case of a 50 percent match, the City would have to provide about$388,000 for the partial replacement and repair program. For a complete replacement, the City would have to provide about $635,000. In either case, dedicating the entire amount of the City's matching funds to a project that will probably not occur in 2019 and may not occur in the near future, could limit amount of roadway work that could be completed in Havens Acres in 2019. Thus, some of the previously noted efficiencies would be lost in future roadway projects. MSA RECOMMENDATION: In summary, for programming purposes, MSA recommends the City program $300,000 to $350,000 for matching funds for the reconstruction of Bellingham Road. MSA recommends the City program $300,000 for repair of the roadways in Haven's acres. After the investigation of the sanitary sewers in Havens Acres is completed, MSA can provide a budgeted cost for Havens Acres that has a greater level of confidence. Thus, MSA's recommendation for the amount of City money dedicated to possible matching funds for Bellingham might vary. In our opinion, the recommended allocation of these funds is a good start. However, the programming of the City's available funds can certainly be modified depending upon circumstances and Council Member opinions If City Council concurs with MSA's recommendation, and so directs, MSA will be happy to furnish a Professional Services Agreement (PSA) for the repair of the roadways in Havens Acres. This PSA will include design, bidding, and construction engineering services. Please let us know if there are any questions. Respectfully Yours, MSA Professional Services, Inc. C ristian R. Cooper, P.E., CPESC. Project Engineer ®2018 MSA Professional Services P:\10800s\1087os\10876\10876057\Correspondence\10876057 181022 Roadway Program docx