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HomeMy Public PortalAboutResolution 2019-46, Approving A Professional Services For MSA (Storm Sewer Separation Permit) Engineering Administrative Tasks And Technical Assistance For The City Of Riverdale RESOLUTION NO. 2019-46 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MSA PROFESSIONAL SERVICES FOR MS4 (STORM SEWER SEPARATION PERMIT) ENGINEERING ADMINISTRATIVE TASKS AND TECHNICAL ASSISTANCE FOR THE CITY OF RIVERDALE, IOWA WHEREAS, MSA Professional Services, Inc. has proffered a Professional Services Agreement to the City for"MS4 Engineering Administrative Tasks and Technical Assistance", dated November 12, 2019 for the above-cited work for consideration by the City Council of the City of Riverdale(hereinafter "City"); and, WHEREAS, the City is required to inspect and plan for the maintenance and repair of its stormwater system so as to meet the requirements of the Iowa Department of Natural Resources and to file periodic reports;and, WHEREAS,the City relies upon the professional staff of MSA Professional Services acting as its the City Engineer to assure that the requirements of its Code and the state requirements are met. 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 entitled"MS4 Engineering Administrative Tasks and Technical Assistance",dated November 12, 2019, for the period beginning October 1, 2019 and ending August 31,2024, 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 i Professional Services Agreement in the proposed estimated cost of$34,200.00 for the"MS4 Engineering Administrative Tasks and Technical Assistance",dated November 12,2019. jI ! Section 3. That with Council approval,the Mayor shall execute said agreement and the City Clerk s .11 witness his signature. P• ED •.•'r • ' ' ' . EDS.'s 12th day of November, 2019. Michael Bawden,Mayor ATTEST: Mie %t41'WJz2 1� 1 ry Frances Blevins,City Clerk Prepared by City Administrator Tim Long November 7, 2019 RESOLUTION Nb. 2019-46 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MSA PROFESSIONAL SERVICES FOR MS4(STORM SEWER SEPARATION PERMIT) ENGINEERING ADMINISTRATIVE TASKS AND TECHNICAL ASSISTANCE FOR THE CITY OF RIVERDALE, IOWA WHEREAS, MSA Professional Services, Inc. has proffered a Professional Services Agreement to the City for"MS4 Engineering Administrative Tasks and Technical Assistance", dated November 12, 2019 for the above-cited work for consideration by the City Council of the City of Riverdale(hereinafter "City"); and, WHEREAS,the City is required to inspect and plan for the maintenance and repair of its stormwater system so as to meet the requirements of the Iowa Department of Natural Resources and to file periodic reports;and, WHEREAS,the City relies upon the professional staff of MSA Professional Services acting as its the City Engineer to assure that the requirements of its Code and the state requirements are met. 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 entitled"MS4 Engineering Administrative Tasks and Technical Assistance",dated November 12, 2019, for the period beginning October 1, 2019 and ending August 31, 2024,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 in the proposed estimated cost of$34,200.00 for the"MS4 Engineering Administrative Tasks and Technical Assistance", dated November 12,2019. Section 3. That with Council approval,the Mayor shall execute said agreement and the City Clerk shall witness his signature. PASSED AND APPROVED this 12`' day of November, 2019. Michael Bawden, Mayor ATTEST: Mary Frances Blevins,City Clerk Prepared by City Administrator Tim Long November 7, 2019 am Professional Services Agreement This AGREEMENT (Agreement) is made today November 12, 2019 by and between CITY OF RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: MS4 Engineering Administrative Tasks and Technical Assistance The scope of the work authorized is: See Attachment B The schedule to perform the work is: Approximate Start Date: October 1, 2019 Approximate Completion Date: August 31, 2024 The estimated fee for the work is: $34,200 (Time and Materials — Not-to-exceed) 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 time and expense basis. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CY OF RIVERDALE MSA PROFESSIONAL SERVICES, INC. _ intifir __ - ? ' / ,/Mic ael Bawden Kevin Bailey, P.E. Mayor Team Leader Date: 1l,—12---1 9 _ Date: /i/0(9 AtiAm/ t------kAA/c ,c .25,_. .. -v/A/s 40.0-,1*- do Clerk Name (Printed) Christian R. Coop-r, P.E., CPESC. Project Engineer 2177QL/ -Vi�tb� GX� Clerk IOme (Signature) Date: a/OV? I 9 gig Date: //-/.)' JD/9 _ 2117 State Street, Suite 200 110 Manor Drive Bettendorf, Iowa 52722 Riverdale, Iowa 52722 Phone: (563) 424-3696 Phone: (563) 355-2511 Page 1 of 4 G:\10\10876110876062\Contract110876062 191030 PSA.docx ATTACHMENT A: RATE SCHEDULE CLASSIFICATION LABOR RATE Architects $111 — $170/hr. Clerical $ 55 — $110/hr. CAD Technician $ 65 — $125/hr. Geographic Information Systems (GIS) $ 94 — $138/hr. Housing Administration $ 68 — $115/hr. Hydrogeologists $114 — $147/hr. Planners $ 89 — $160/hr. Principals $180 — $250/hr. Professional Engineers $ 85 — $153/hr. Project Manager $ 85 — $180/hr. Professional Land Surveyors $ 79 — $160/hr. Staff Engineers $ 74 — $144/hr. Technicians $ 65 — $125/hr. Wastewater Treatment Plant Operator $ 72 — $ 92/hr. REIMBURSABLE EXPENSES Copies/Prints Rate based on volume Fax $1.00/page GPS Equipment $40/hour Mailing/UPS At cost Mileage —Automobile (currently$0.545/mile) Rate set by Fed. Gov. Mileage — MSA Truck $0.70/mile Nuclear Density Testing $25.00/day + $10/test Organic Vapor Field Meter $100/day PC/CADD Machine Included in labor rates Stakes/Lath/Rods At cost Total Station Included in labor rates Travel Expenses, Lodging, & Meals At cost Traffic Counting Equipment & Data Processing At cost Trimble Geodimeter $30/hour * Labor rates represent an average or range for a particular job classification. These rates are in effect until January 1,2020. Page 2 of 4 (Attachment A: MSA Standard Rate Schedule) G.\10\10876\10876062\Contract\10876062 191030 PSA docx ATTACHMENT B SCOPE OF WORK: MSA assists the City of Riverdale in the administration of the City's Municipal Separate Storm Sewer System (MS4) Permit. The permit is for the time period of October 1, 2019 through September 30, 2024. Following are the tasks that MSA will perform: 1. MSA will fill out the documents for the renewal of the City's MS4 permit. 2. MSA will submit signed documents and the City provided application fee to the Iowa Department of Natural Resources for the permit renewal. 3. MSA will provide up to 3 hours per year for public education on storm water issues. This includes article to be submitted for the City's Newsletter or public hearings / open forums for the time period of the new permit. 4. MSA will inventory the new storm sewers and inlets that are part of the Woods Estates project. 5. MSA will perform NPDES required post-construction inspections, illicit discharge inspections, and out-fall inspections on an annual basis for the time period of the new permit. 6. MSA will prepare and submit the City's annual report to the Iowa Department of Natural Resources on an annual basis. 7. MSA will provide up 2 hours per year for undefined activities to assist the City. This might include storm water, erosion, or sedimentation concerns unrelated to a specific project. 8. MSA will participate in up to two audits performed by the Iowa Department of Natural Resources for the period of the new permit. 9. MSA will participate in one regional or 28E meeting to represent the City on storm water, erosion control, or sedimentation issues. 10. Upon the submittal of the annual report for the final year of this permit, this agreement shall be considered complete. Page 3 of 4 G\10\10876\10876062\Contract\10876062 191030 PSA docx ATTACHMENT B (Cont.) MSA assumes the following 1. Stream water quality monitoring will no longer be required of the City. 2. Entities downstream of Riverdale (i.e. Bettendorf and Arconic) will readily cooperate with Riverdale on shared issues. 3. Storm water, erosion control, and sedimentation issues related to development and construction projects by others, including all inspections and meetings, will be handled separately from this agreement. 4. MSA will have entry rights on privately owned detention basins. However, MSA will always request permission before entering. 5. MSA will not require an entry permit to evaluate storm water discharge from culverts that convey storm water beneath the CP or BNSF railroad tracks. 6. MSA assumes that the design engineers for Woods Estates can provide design or as-built coordinates for all storm water features. 7. The survey effort to locate and provide necessary elevations of new storm water structures is not included. MSA can provide these services for an additional fee. Page 4 of 4 G\10\10876\10876062\Contract\10876062 191030 PSA.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) G.\10\10876\10876062\Contract\10876062 191009 General Condit ons.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 VVorker'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) G\10\10876\10876062\Contract\10876062 191009 General Conditions.docx