HomeMy Public PortalAboutResolution 2019-47, Approving Professional Services Agreement With MSA Professional Services For The Fieldcrest Road Stormwater Management And Improvement Project For City Of Riverdale RESOLUTION NO. 2019-47
A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH VISA PROFESSION AL SERVICES
FOR THE FIELDCREST ROAD STORMWATER
MANAGEMENT AND IMPROVEMENT PROJECT
FOR THE CITY OF RIVERDALE, IOWA
WHEREAS, MSA Professional Services, Inc. has proffered a Professional Services Agreement to
the City for"Riverdale—Fieldcrest Storm Water Management", dated November 12, 2019 for developing
plans and specifications for improvements to storm water management for the ravine at the west end of
Fieldcrest Road, and related drainage catchment area,to be considered by the City Council of the City of
Riverdale (hereinafter"City"); and,
WHEREAS, the City has expressed its desire to improve this drainage catchment area in phases,
which initially addresses reducing scour erosion in the drainage way west of the end of Fieldcrest Road
and also seeks to address contributing areas and factors by utilizing best engineering practices in a manner
to allow for collaborative efforts with others as may be useful and appropriate; 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"Riverdale—Fieldcrest Storm Water Management",dated November 12,2019,which
describes , 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$14,000.00 for the"Riverdale—
Fieldcrest Storm Water Management",dated November 12,2019.
Section 3. That with Council approval,the Mayor shall execute said agreement and the City Clerk
shall witness his signature.
PA . ED AND - ' ' 'OVE I this 12`x'day of November,2019.
\ 7 11.11W---.*--,
Mic ael Bawden,Mayor
ATTEST: 16
Mf Frances Blevins,City Clerk
Prepared by City Administrator Tim Long November 7, 2019
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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: Riverdale - Fieldcrest Storm Water Management
The scope of the work authorized is: See Attachment A
The schedule to perform the work is: Approximate Start Date:
November 14, 2019
Approximate Completion Date:
February 14, 2020
The project fees per phase
for the work is: Phase I - Preliminary Installation $4,000
Phase II - Project Study $10,000
Project Total $14,000
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 for each Phase.
Page 1 of 2
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At this time, the City Agrees to authorize MSA to proceed with the following
Phase(s) by initialing the appropriate slot(s)
Phase I — Preliminary Installation Phase II — Study
Approval: Authorization to proceed is acknowledged by signatures of the parties to this
Agreement.
CITY OF RIVERDALE MSA PROFESSIONAL SERVICES, INC.
26 ‘t
Mays Michael Ba •-n Kevin Bailey, P.E.
Date: ( ( 1 It _ Team Leader
Date: // //?
mA g'V T- A
Clerk Name (Printed) istian R. Coop r, P.E., CPESC.,
Project Engineer
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Clerk Mme (Signature)
Date: /`' la • p?b"9 2117 State Street ,Suite 200
Bettendorf, Iowa 52722
Phone: (563) 424-3696
110 Manor Drive
Riverdale, Iowa 52722
Phone: (563) 355-2511
Page 2 of 2
PROJECT OVERVIEW:
MSA assumes the area of erosion concern is from the storm water discharge point,
located west of Fieldcrest Road, to the approximate location of the municipal boundary
between the City of Riverdale and the City of Bettendorf. See Attachment B.
After reviewing the tributary watershed to the Fieldcrest Road discharge, MSA noted the
Manor Drive Subdivision does not have any method of storm water mitigation. The
resulting peak discharge flow rate(s) from the Manor Drive Subdivision appear to be a
significant factor contributing to the scour erosion problem. This is most obvious when
observing the size of the pipe opening in the water that is leaving the Scott Community
College Detention Basin (about 15" Dia.) and the size of the pipe discharging at the end
of Fieldcrest Road (36" Dia.).
One method of addressing this scour erosion concern is to harden the creek (i.e. install
riprap or similar materials) to reduce further scour erosion. After reviewing this method
of stabilization, it appears to us that this method of creek stabilization will likely involve
significant disturbance of the creek in this area, including removal of trees and re-
grading the slopes to provide access to the work areas. Furthermore, this method does
nothing to reduce peak discharge flow rates that are impacting downstream lands
including residents of Bettendorf, the Nature Conservancy, and the Devil's Glen Mobile
Home Park.
A detention basin installed to mitigate the peak flows from the Manor Drive Subdivision
could reduce the peak flow discharge rate significantly. Furthermore, it seems likely
that modifications could also be made to the Scott Community College (SCC) detention
basin to mitigate the peak discharge flow rate of the more frequent storms to an even
greater extent than they are currently mitigated. Reduced peak discharge flow rates
would likely benefit all residents downstream from the Fieldcrest Road discharge.
Therefore, it is possible reduced peak discharge flow rates may not require the creek
channel to be hardened for much of its length. The cost to construct a detention basin
at the end of Fieldcrest Road should be less than the cost of hardening the entire length
of the channel.
However, even if the peak discharge flow rates of the more frequent storms are
reduced, some hardening of the creek channel may still be required to prevent further
scour erosion due to less frequent weather events. Also, some bank hardening may be
required to create stable side slope conditions in order to protect the existing sanitary
sewer.
Without a study and the associated analysis, it is not feasible at this time to select the
storm water project that will best serve the City of Riverdale, while reducing the
downstream scour erosion from the Fieldcrest Road discharge.
Project Overview
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PHASE I — PRELIMINARY INSTALLATION:
At this time, MSA proposes to assist the City in their preliminary effort to do something
to locally protect the creek from further degradation. This effort is referred to as Phase I
— Preliminary Installation.
PHASE II — STUDY
Also at this time, MSA proposes to conduct a study to the existing discharge and the
following alternatives to help mitigate the impact of the Fieldcrest Road storm water
discharge:
1. Alternative 1 — Evaluate ways to improve the benefits of the Scott Community
College Detention Basin. Assist the City in preliminary discussions with Scott
Community College to determine their willingness to allow modifications to their
basin.
2. Alternative 2 — Evaluate the most effective means of mitigating peak storm water
discharges from the Manor Drive Subdivision.
3. Alternative 3: - Evaluate the minimal amount of hardening required to help
stabilize the creek within.
As a result of this study, MSA will propose a storm water mitigation / management plan
to the City. This plan will include an analysis of the three alternative mentioned with
associated engineering fees and opinions of probable construction costs.
The areas to be included in the study are shown in Attachment B.
FUTURE PHASES
If an alternative is chosen by the City to implement, MSA will prepare construction
documents and produce a project to be bid. It is at this time that MSA will survey the
area for the project. Please note survey of the area downstream of Fieldcrest Road is in
an area that has dense vegetative growth, and because of the erosion that has
occurred, it is not readily accessible. Survey of this area during winter months will most
likely be significantly less expensive.
MSA can also provide bidding phase and a construction engineering services phase.
Project Overview (Cont.)
ATTACHMENT A
Scope of Work:
In order to accomplish the proposed work, MSA will perform the following scope of
work:
PHASE 1 - PRELIMINARY INSTALLATION:
1. MSA will lead a community kickoff meeting to review the areas of concern with
City leaders.
2. MSA will prepare a simplified watershed model, excluding storm water
detention, which incorporates the watershed that is tributary to the Fieldcrest
Road Discharge.
3. Utilizing this model, as well as existing storm sewer analyses, MSA will
determine approximate existing peak storm water discharge rates being
discharged from the Fieldcrest Road Storm Sewer.
4. Utilizing these peak storm water discharge rates, MSA will design appropriate
revetment stone (riprap) sizes to install at a few select locations in the creek to
reduce further scour erosion.
5. MSA will prepare typical sketches for the installation of this revetment stone.
6. MSA will coordinate with the City, and their construction agent, to determine the
best locations to install revetment stone.
7. It will be the City's responsibility to coordinate with their construction agent to
determine cost, quantity of materials, construction schedule, etc. However,
MSA will provide up to four (4) hours of assistance for the City and their
construction agent.
PHASE II — STUDY
8. Utilizing available LIDAR data, available record drawings or design plans, and
GIS generated / or USGS contours, MSA will refined the watershed model
created in Step 2.
9. MSA will study three conceptual alternatives. These are as follows:
A. Modifying the discharge from the Scott Community College (SCC)
detention basin. This could be accomplished by modifying the outlet
structure, modifying the grading, and or, modifying a manhole along
Fieldcrest Road.
Attachment A
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B. Incorporating conceptual alternative A as well incorporating a detention
basin at the Fieldcrest Road discharge.
C. Incorporating conceptual alternatives A and/or B and constructing
hardened points in the creek to reduce future scour erosion.
10. MSA will review the location of the existing sanitary sewer relative to side
slope stability of the eroded channel to preliminarily determine stability and
sustainability concerns. MSA will present their findings on this concern to the
City.
11. MSA will prepare opinions of the conceptual construction cost of these
Alternatives as well as associated engineering fees.
12. MSA will meet with City Leadership to discuss the Alternatives.
13. If any portion of Alternative A is being considered by City Leadership, MSA
will attend a meeting with SCC to assist the City Leadership in presenting
their case for modifications to the SCC detention basin.
ASSUMPTIONS:
1. Coordination efforts with the City of Bettendorf is not included in this agreement.
Coordination and meetings beyond City Council and Open House meetings can
be provided for an additional fee.
2. Resident(s) information meetings or project updates, beyond City Council and
Scott Community College meetings are not included in this agreement. These
additional meetings can be provided for an additional fee.
3. MSA assumes the soil conditions do not differ greatly from what is readily visible.
Access to the site, prior to construction, to obtain soil borings is not readily
feasible. Therefore, soil borings have not been included in this project.
4. The City recognizes that protection of the sanitary sewer may involve work within
the creek area, even if peak flows can be mitigated by detention basin
modifications or detention basin construction.
Attachment A
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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.
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(General Terms and Conditions)
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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.
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