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HomeMy Public PortalAboutResolution 2020-28, Approving Service Agreement MSA Havens Acres Roadway Rehabilitation Project RESOLUTION 2020-28 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MSA PROFESSIONAL SERVICES FOR THE HAVENS ACRES ROADWAY REHABILITATION PROJECT FOR THE CITY OF RIVERDALE, IOWA WHEREAS, MSA Professional Services, Inc. has proffered a Professional Services Agreement to the City for "Riverdale Havens Acres Construction Engineering Services", dated March 1, 2020 for project oversight and coordination of contractor activities to maintain project progress and to see the project to completion in a timely manner, to be considered by the City Council of the City of Riverdale (hereinafter "City"); and; WHEREAS, the City has expressed its desire to improve the road surface quality and repair damage resulting from protracted use of the City's streets, and; WHEREAS, MSA has provided a detailed list of services and activities they will perform as a result of their engagement under the terms of this agreement (Exhibit A), 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, IOWA. Section 1. That MSA Professional Services, Inc. has provided a Professional Services Agreement to the City entitled "Riverdale Havens Acres Construction Engineering Services'', dated March 1, 2020, which describes the proposed project in detail, and said Agreement is attached hereto (Exhibit A) 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 $12,000.00 for the "Riverdale Havens Acres Construction Engineering Services", dated March 1, 2020. (con.) City of Riverdale,Iowa 110 Manor Drive, Riverdale,Iowa 52722•(563)355-2511 •www.riverdaleiowa.com RESOLUTION 2020-25 March 24, 2020 Section 3. That with Council approval, the Mayor shall execute said agreement and the City Clerk shall witness his signature. Passed and approved this 24th day of March 2020. APPROVED ATTEST • L �� l%��"2vr�Xy Michael Bawde , Mayor Mary ances Blevins, Clerk City of Riverdale,Iowa 110 Manor Drive,Riverdale, Iowa 52722•(563)355-2511 •www.riverdaleiowa.com Professional & MSA Services Agreement This AGREEMENT (Agreement) is made today March 1, 2020 by and between CITY OF RIVERDALE and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: Riverdale Havens Acres Construction Engineering Services The scope of the work authorized is: See Attachment B The schedule to perform the work is: Approximate Start Date: March 1, 2020 Approximate Completion Date: July 31, 2020 The estimated fee for the work is: $12,000.00 This is a maximum amount not to exceed without prior authorization. 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. CIT OF RIVERDALE: MSA PROFESSIONAL SERVICES, INC.: May r Michael Bawd n Kevin Bailey, P.E. Date: 3`ZAvtp 10 Team Leader Date: Clerk me: Date: Christian R. Coo er, P.E., CPESC. Project Engineer Date: e__ City of Riverdale 110 Manor Drive MSA Professional Services Riverdale, Iowa 52722 2117 State Street, Suite 200 Phone: (563) 355-2511 Bettendorf, Iowa, 52722 Phone: (563) 424-3696 Page 1 of 4 G.\10\10876\10876067\Contract\10876067 200203 Professional Services Agreement.docx ATTACHMENT A: RATE SCHEDULE CLASSIFICATION LABOR RATE Architects...........................................................................................$115 — $175/hr. Clerical ..............................................................................................$ 60 — $115/hr. CAD Technician.................................................................................$ 95 — $143/hr. Geographic Information Systems (GIS).............................................$ 75 — $143/hr. Housing Administration......................................................................$ 75 — $120/hr. Hydrogeologists.................................................................................$125 — $155/hr. Planners ............................................................................................$ 85 — $170/hr. Principals...........................................................................................$175 — $275/hr. Professional Engineers......................................................................$ 86 — $190/hr. Project Manager................................................................................$ 150 — $238/hr. Professional Land Surveyors.............................................................$ 87 — $165/hr. StaffEngineers..................................................................................$ 80 — $150/hr. Technicians .......................................................................................$ 65 — $128/hr. Wastewater Treatment Plant Operator..............................................$ 75 — $ 95/hr. REIMBURSABLE EXPENSES Copies/Prints............................................................................... Rate based on volume Fax .............................................................................................. $1.00/page GPSEquipment........................................................................... $40/hour Mailing/UPS................................................................................. At cost Mileage — Reimbursement (currently$0.575/mile) ............................ Rate set by Fed. Gov. Mileage — MSA Vehicle (currently$0.70/mile)................................... Rate set by Fed. Gov Ali Clear DeRSity Toc 25 a $1 QAe } 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 1,2021. Page 1 of 1 (Attachment A: MSA Standard Rate Schedule) G.\10\10876\10876067\Contract\10876067 200203 Professional Services Agreement.docx ATTACHMENT B: SCOPE OF WORK The following scope of work is intended to provide minimal project oversight, but should provide sufficient Contractor / Engineer communications to maintain project progress to see the project to completion in a timely manner. The Professional Services Agreement is a time and materials agreement. In performing construction engineering services, MSA is largely reactive to Contractor progress and Contractor project understanding. Thus, in this role, MSA is submitting a proposed effort of 96 hours intended to complete the project by the end of July. The City will be largely responsible for communications with residents about project progress, and project nuisances. MSA proposes the following scope of work- 1. MSA will organize and lead a Pre-Construction Meeting. 2. MSA will review and approve project shop drawings. 3. MSA will attend monthly project meetings. These meetings are intended to be led by the City Administrator. The Contractor will be expected to attend and to provide a summary of the work completed the past month and a milestone schedule for the coming month. 4. In the interim, MSA will visit the project site at least once a week to monitor project progress, measure quantities of items completed, and discuss Contractor's immediate concerns. 5. MSA will submit reports of their site visits to the City Administrator. 6. MSA will provide construction stake out for new storm water appurtenances with the associated invert elevations. 7. MSA will prepare interim and final pay applications. These will be submitted to the City Administrator. 8. MSA will prepare, evaluate, and recommend change orders as may be required by the project. These also will be submitted to the City Administrator. 9. MSA will assist the City resolving project issues. These include schedule concerns, quality concerns, and communication concerns. 10.MSA will lead the effort, with the City's assistance, in preparing a project punchlist. Page 1 of 1 (Attachment B: Scope of Work) G.\10\10876\10876067\Contract\10876067 200203 Professional Services Agreement docx 11.MSA will prepare and/or review project closeout documents. The documents include warranties, project guarantees, record drawings, etc. 12.After final payment is made to the Contractor, MSA's efforts will be considered complete. Page 1 of 1 (Attachment B: Scope of Work) G.\10\10876\10876067\Contract\10876067 200203 Professional Services Agreement.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\10876067\Contract\10876067 200311 General 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) G.\10\10876\10876067\Contract\10876067 200311 General Conditions.docx FJMSA March 11, 2020 Mr. Michael Bawden City Mayor City of Riverdale 110 Manor Drive Riverdale, Iowa 52722 Re: Havens Acres Roadway Rehabilitation Construction Engineering Services Dear Administrator Kotter: As you requested, I have enclosed two copies of a proposed Professional Services Agreement for your consideration. Please review the Professional Services Agreement and let me know if you have questions. Respectfully Yours, MSA Professional Services, Inc. 1 Christian R. C oper, P.E., CPESC. Project Engineer 2117 State Street Suite 200 Bettendorf, IA 52722 P (563)445-3501 TF (888)732-6321 F (563)445-3503 www.msa-ps.com ©2020 MSA Professional Services G\10\10876\10876067\Correspondence\10876067 200207 Cover Letter for Proposed PSA.docx