HomeMy Public PortalAboutResolution 2020-55, Authorizing MSA To Assess State Of Storm Water Sewer On West Side Manor DriveRESOLUTION 2020-55
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF MSA PROFESSIONAL SERVICES TO
ASSESS THE STATE OF THE STORM WATER SEWER RUNNING ON THE WEST SIDE OF MANOR
DRIVE IN RIVERDALE, IOWA
WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and
operating under the laws of the State of Iowa, and;
WHEREAS, the Council has made clear their concern about the erosion and scouring
left on the west side of Manor Drive Hill as a result of storm water erosion in spite of the
current storm water sewer system currently located in that area, and;
WHEREAS, City maintenance and volunteers have attempted to address the erosion
and storm water management areas in the location over the past eighteen months
without achieving a significant reduction in damages, and;
WHEREAS, in the opinion of several (including the City's Engineer, MSA Professional
Services), the current storm water intake system installed along Manor Drive Hill seems to
be inefficient and in need of re -assessment and, possibly, re -engineering in order to
address the damage done and stop it from occurring again in the future, and;
WHEREAS, the City's Engineer, MSA Professional Services, has provided a proposed
scope of work and estimated cost to assess the situation, supervise the televising of the
current storm sewer lines and provide recommended next steps for the Council to
consider, the total amount of these services is estimated to be $3,900, plus the cost of
televising the lines (Exhibit "A"), and;
WHEREAS, the work required for this project is not covered under the general services
contract currently in place with the City's Engineer.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA,
That the City Council of Riverdale, Iowa authorizes the Mayor to sign the proposal
document submitted by MSA Professional Services and to include regular updates on
this project as part of the City Engineer's regular reports to Council until it is completed.
Passed and approved this 23rd day of June 2020.
APPROVED ATTEST
Michael Bawden, Mayor
Mary F/ances Blevins, Clerk
City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com
MSA
VPAID if "AP
Professional
Services Agreement
This AGREEMENT (Agreement) is made today June 16, 2020 by and between CITY OF
RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which
agree as follows:
Project Name: Manor Drive Storm Sewer Assessment
The scope of the work authorized is: See Attachment B
The schedule to perform the work is: Approximate Start Date:
June 23, 2020
Approximate Completion Date:
July 21, 2020
The lump sum fee for the work is: $3,900
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. Payment for these services
will be on a lump sum plus reimbursable basis. A list of reimbursable expenses is on the
attached rate schedule and made part of this Agreement.
Approval: Authorization to proceed is acknowledged by signatures of the parties to this
Agreement.
YOFRI LE
Mr. Michael Bawd
Mayor /, -162O
Date: t0
MSA PROFESSIONAL SERVICES, INC.
4-4/
Kevin Bailey, P.E.
Team Leader
Date: - -- �7, zoZo
1
L
Clerk Name (Printed) rl1i44,'1 t.442 -Tr t Christian R. Cooper, P.E., CPESC.
Date: C,-„ j ,ectiR G,
110 Manor Drive
Riverdale, Iowa 52722
Phone: (563) 355-2511
Project Engineer
Date: ..4;,--
2117 State Street, Suite 200
Bettendorf, Iowa 52722
Phone: (563) 4224-3696
Page 1 of 3
G t10U 08751106760681Cotract 110876C68 2t06C9 PSA doc
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.
Staff Engineers $ 80 — $150/hr.
Technicians $ 65 — $128/hr.
Wastewater Treatment Plant Operator $ 75 — $ 95/hr.
REIMBURSABLE EXPENSES
Copies/Prints
Fax
GPS Equipment
Mailing/UPS
Mileage — Reimbursement (currently $0.575/mile)
Mileage — MSA Vehicle (currently $0.70/mile)
Nuclear Density Testing
Organic Vapor Field Meter
PC/CADD Machine
Stakes/Lath/Rods
Total Station
Travel Expenses, Lodging, & Meals
Traffic Counting Equipment & Data Processing
Trimble Geodimeter
Rate based on volume
$1.00/page
$40/hour
At cost
Rate set by Fed. Gov.
Rate set by Fed. Gov
$25.00/day + $10/test
$100/day
Included in labor rates
At cost
Included in labor rates
At cost
At cost
$30/hour
Labor rates represent an average or ^ange 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:1101108764108760684Contract\10876068 200609 PSA. docx
ATTACHMENT B
SCOPE OF SERVICES
HISTORY:
The City of Riverdale has consistent maintenance issues with storm water intakes
located along Manor Drive between the intersection with Circle Drive and the
intersection with State Street. Maintenance issues include the accumulation of debris at
the intake grates and degradation of the intake materials. In addition, even though
these intakes are offset and depressed from the main road, the poor efficiency of getting
storm water into the intakes causes localized erosion. Finally, the storm sewer
connecting the Manor Drive intakes to the intakes located near the intersection of Circle
Drive has failed at least twice in recent history. This failure resulted in water confined to
the sewer surging out of the pipe at a broken location and eroding the adjacent grade
before flowing back into the next downstream intake. Currently, another pipe failure is
suspected. Thus, included in addition to Professional Services Agreement will be the
independent televising of this storm sewer.
Scope of Work:
1. MSA will coordinate televising of this storm sewer. Because Visu-Sewer will be
televising sanitary sewers this summer, it is the intent to piggy back the televising
of this storm sewer on the televising of the sanitary sewers.
2. MSA will review the previous roadway construction plans.
3. MSA will review previous storm sewer analyses.
4. MSA will determine existing utilities that may conflict with the storm sewer and
intakes.
5. After reviewing the televised reports, MSA will prepare two alternatives to repair
or replace the existing storm sewer and intakes. These alternatives will include
associated budget costs.
6. MSA will present their findings in a letter with exhibits to the City of Riverdale.
7. MSA will provide a summary of their findings to City Council.
8. Upon presenting their findings to City Council, this phase of the project and
therefore, this Professional Services Agreement, shall be considered complete.
Page 1 of 1
(Attachment A: MSA Standard Rate Schedu€e)
G110\ 108764108760681ContraM 10876068 200609 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 prcject 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, foods, hots, strikes, unavailability
of labor or materials, delays or defaults, by suppliers of materiafs 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 exp orations 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.
8. 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 she 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)
G1101106761108760681Conlractl10876068 200609 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 ail 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 2of2
(General Terms and Conditions)
G 110V10876V1C876068VContrac1110876068 200609 Gensrat Canditions.docx