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HomeMy Public PortalAboutResolution 2021-22, A Resolution Entering into a Memorandum of Understanding with Panorama Park and City of Riverdale for the Televising and Sanitary Sewer Relining During the Summer of 2021Resolution 2021-22 A RESOLUTION ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH PANORAMA PARK AND CITY OF RIVERDALE FOR THE TELEVISING AND SANTIARY SEWER RELINING DURING THE SUMMER OF 2021 WHEREAS, the City of Panorama Park and City of Riverdale City Councils have both deemed it necessary and desirable to share in the responsibility of maintenance of the Joint Use Sanitary Sewer System; and WHEREAS, All parties have agreed to the terms and conditions set for the Memorandum of Understanding WHEREAS, the Riverdale City Council has already approved an Engineering Services Agreement allowing for the design and bidding of the Sanitary Sewer System WHEREAS, the Riverdale City will have an opportunity to approve bids; and NOW THERE FOR IT BE RESOLVED, by the City of the City of Riverdale, Iowa that; Section 1. Authorizes the Mayor to execute orders, contracts and other documents required to execute the MOU by this resolution without further advice and consent of the City Council. ssed and approved this 25'" day of May 2021. Attest: Michael Bawde', Mayor Katie J. Enloe tnlv City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 I (563) 355-2511 www.riverdaleiowa.com MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("the MOU") entered into by and between the City of Panorama Park, Iowa 120 Short Street, Bettendorf, IA 52722 (hereafter referred to as "Panorama Park"); and the City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 (hereafter referred to as "Riverdale"); and WHEREAS, the Panorama Park City Council and the Riverdale City Council have both heretofore deemed it necessary and desirable to share in the responsibility of maintenance of the Joint Use Sanitary Sewer System; and WHEREAS, it is now necessary for Panorama Park and Riverdale to enter into a MOU agreement to outline the obligations and responsibilities of each party as it pertains to the Summer 2021 Televising and Lining of Sanitary Sewer System in Panorama Park and Riverdale; and WHEREAS, currently both cities already contract with the same engineering firm, Municipal Services Associates -Public Services (hereafter referred to as "MSA-PS") which will provide for a diligent contract and contractor supervision; and WHEREAS, the Cities of Panorama Park and Riverdale realize that there is a significant cost -savings that occur if they entered into this MOU in order to re -line their respective sanitary sewers. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. PURPOSE. The purpose of the MOU is to set forth the duties and obligations of the Panorama Park and Riverdale in maintenance of the Joint Use Sanitary Sewer in relation to the re -lining project which is scheduled to taken in the Summer of 2021. 2. SEPARATE ENTITIES. Further, it hereby noted that no separate legal entity shall be created by this agreement and the Panorama Park City Council and the Riverdale City Council. 3. The above recitals are incorporated into this agreement. 4. SCOPE OF WORK. MSA_PS agrees to provide design services, solicit bids and execute a contract for the work. MSA-PS will develop plans and provide to Panorama Park and Riverdale. The Parties shall agree on the final plans and scope of the work to be bid and provide their agreement in writing. 5. CONTRACTOR SELECTION AND PRICING. Panorama Park and Riverdale agree that the contract bidder with the lowest total contract price who meets with MSA-PS contract requirements (hereinafter "Contractor") will be selected for the Work. Separate unit prices will be established for all Work to be funded by Panorama Park and Riverdale. The Parties agree that lower pricing alone for each Party's cost share portion of the Work as outlined in Section 4 will not determine the contract bidder who is chosen to complete the Work. 6. COST SHARING. The MSA-PS shall agree to invoice Panorama Park and Riverdale directly for each Party's agreed items from the Work. a. Panorama Park and Riverdale respectively own and maintain the sanitary sewer systems that are in their respective cities. b. MSA-PS will oversee the contact between the cities and the Contractor. c. During, the bidding process MSA-PS will require the Contractor to bid in at a per foot cost. Those per foot costs will be billed to each respective city. d. Change work orders, additions or deletions will be charged to the city that is responsible for the change order request. 7. BONDS AND INSURANCE. The Contractor will be required to provide construction bonds to each entity and appropriate warranties to each municipality. 8. MODIFICATION OF AGREEMENT. Modification of this agreement shall be made only by the consent of the Panorama Park City Council and the Riverdale City Council. Such shall be made with the same formalities as were followed in this agreement and shall include a written document setting forth the modifications, signed by both parties. 9. TERM AND TERMINATION OF THIS AGREEMENT. The initial term of this agreement shall commence on June 1, 2021 and shall terminate on May 31. 2022. This Agreement will terminate once the project is deemed complete by the project manager. Both parties to this agreement may also terminate participation upon thirty (30) days' notice to the other party of this agreement. 10. NOTICES. All notices given under this Agreement shall be in writing and shall be deemed delivered on the date of placing the notice un the U.S. Mail postage prepaid, to the following address: For the City of Panorama Park: City of Panorama Park Attention: Mayor 120 Short Street Panorama Park, Iowa 52722 For the City of Riverdale: City of Riverdale Attention: City Administrator 110 Manor Drive Riverdale, Iowa 52722 11. INDEMINITIES. Each party to this agreement expressly agrees to save and hold the other party, its employees and agents, harmless from any and all claims against both or either party arising from the performance of the duties and obligations under this agreement to the extent a party to this agreement fails to perform these items. Executed and approved this 12th day of May 2021. City of Panorama Park, Iowa: R nald Rice, Mayor ATTEST: .. GC( -K Panora Park City Clerk Executed and approved this -7'C. day of 'r , 202 1 . City of Riverdale, Iowa: Michael Bawden, Mayor ATTEST: Katie J. Enloe, Deputy Clerk