HomeMy Public PortalAboutResolution 2021-27, A Resolution Entering into an Agreement with MSA-PS to Design the Emergency Access from Circle Drive/Pleasant Hill 1st Addition to Linda Drive/Woods Estates Phase IIResolution 2021-27
A RESOLUTION ENTERING INTO AN AGREEMENT WITH MSA-PS TO DESIGN THE EMERGENCY
ACCESS FROM CIRCLE DRIVE/PLEASANT HILL 1ST ADDITION TO LINDA DRIVE/WOODS
ESTATE PHASE II
WHEREAS, the City of Riverdale, Iowa is a Municipal Corporation, organized and operating under
the laws of the State of Iowa:
WHEREAS, upon review and consideration of correspondence from City Engineer, MSA
Professional Services, their Project Engineer, Christian Cooper, P.E., CPESC Agreement for
Engineering Services to design Emergency Access from Circle Drive/Pleasant Hill lstAddition to
Linda Drive/Woods Estate Phase II as Attachment A;
WHEREAS, the City of Riverdale is required to design, bid and construct Emergency Access Route
from Linda Drive to Circle should Madison Drive or Manor Drive become impassable;
WHEREAS, the City of Riverdale wishes that this Emergency Access Route have as minimal impact
to Bi-Centennial Park yet allow for the safe passage of overweight Emergency Vehicles;
WHEREAS, the amount of engineering review required for this type of review of this type project is
almost entirely driven by the developer/design engineer. That is, their design and their ready
adoption /acceptance to review comments is driving the review engineer's effort 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
by the City Engineer at a price not to exceed the $21,500.00 authorized by this resolution without
further advice and consent of the City Council.
Section 2. The City Engineer is hereby ordered to update the City Council at future meetings
regarding the status of the design of the Woods Estates Emergency Access Route.
Passed and approved this 22nd day of June, 2021.
Attest: _
MiThael Bawden, Mayor Katie J. Enloe[deputy Clerk
City of Riverdale, Iowa
110 Manor Drive, Riverdale, Iowa 52722 (563) 355-2511 www.riverdaleiowa.com
a MSA
Professional
Services Agreement
This AGREEMENT (Agreement) is made today June 22, 2021 by and between CITY OF
RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which
agree as follows:
Project Name: Woods Estates Emergency Access Route
The scope of the work authorized is: See Attachment A:
The schedule to perform the work is: Approximate Start Date:
July 1, 2021
Approximate Completion Date:
December 1, 2021
The lump sum fee for the work is: $21,500.00
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.
TY OF RIVERDAL
M chael Bawden
Mayor
Date:
Kent Royster:.
City Clerk
Date: -2-02-1
110 Manor Drive
Riverdale, Iowa 52722
Phone: (563) 355-2511
MSA PROFESSIONAL SERVICES, INC.
Kevin Bailey, P.E. /
Team Leader
Date: G//G/ Z
Christian R. Cooper, P.E., CPESC.
Project Engineer
Date: %y,/, . lti -• 7
2117 State Street, Suite 200
Bettendorf, Iowa 52722
Phone: (563) 424-3696
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ATTACHMENT A:
SCOPE OF WORK
UNDERSTANDING:
The State of Iowa adopted and enforces the 2015 International Fire Code. Part D107.1
of the 2015 International Fire Code indicates that for one or two family dwellings where
the number of dwelling units exceeds 30 units, the development shall be provided with
two separate and approved fire apparatus roads. The exceptions to this requirement
are to install automatic fire suppression sprinkler systems in the houses, or to limit the
number dwelling units until the fire apparatus road is connected to the development.
Currently, Woods Estates has about 10 constructed homes that appear to be occupied
or could be occupied at any moment. Addition 2 of Woods Estates added about 30 new
building lots. Many of these building lots already have homes started on them. When
new homes are constructed on those lots the City does not want to be the party holding
up occupancy.
Project execution time will likely take about three months. Construction time for a
second fire apparatus is estimated to be about two to three months after Contractor
procurement is complete and the Contracts have been executed.
SCOPE OF WORK:
1. MSA will discuss possible routes and "roadway" materials with the City
Administrator and/or a committee in order to determine feasible options for
entrances and routes for the fire apparatus access
2. MSA will prepare concept drawings for two possible routes and /or entrances.
3. MSA will submit the proposed routes/entrances to the City Council for
consideration.
4. Upon Councils acceptance of a proposed route, MSA will move forward
preparing project plans.
5. MSA will survey the proposed route of the fire apparatus access road. Included
in the area to be surveyed will be other areas that may be impacted. For
instance, if the existing parking lot or picnic shelter are to be relocated, MSA will
survey those areas identified as the relocated assets.
6. MSA will prepare a base drawing based on the completed survey.
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(Attachment A: MSA Standard Rate Schedule)
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7. MSA will identify the minimum turning radii, the minimum vertical clearances
(pavement to bottom of vehicle), and the maximum vertical clearances (above
vehicle) of the Riverdale Fire Department vehicles.
8. MSA will identify and map in the base drawing the minimum areas of disturbance
that will be required to accommodate fire emergency vehicles access to the fire
apparatus access road.
9. Design plans will include the following design considerations:
a. Identifying what park amenities will have to be relocated and by whom
they will be relocated,
b. Creating a vertical profile that will accommodate the minimum vertical
clearances of the Fire Department's vehicles,
c. MSA will create a vertical profile that accommodates the maximum
vertical clearance of the Fire Department's vehicles.
d. Creating a horizontal alignment and roadway width that will
accommodate the minimum turning radius of the Fire Department
vehicles.
e. MSA will design to alternative roadway cross sections (i.e. pavement
materials, including the appropriate aggregate base).
f. MSA will prepare details for the project plans.
g. MSA will prepare demolition plans.
h. MSA will prepare restoration plans.
i. MSA will prepare erosion control plans.
10. MSA will chair a project open house. The open house will be held at City Hall.
11. MSA will prepare an opinion of the probable construction cost.
12. MSA will submit final contract documents to the City.
13. MSA will prepare a draft copy of a suggested request for bids advertisement.
The City is responsible for placing the advertisement.
14. MSA will chair a non -mandatory pre -bid meeting to be held at City Hall.
15. MSA will prepare responses and, if necessary, addendum, to respond to
contractor requests for information.
16. MSA will lead a bid opening.
17. MSA will assist the City and the Contractor in getting the construction agreement
executed by both parties.
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(Attachment A: MSA Standard Rate Schedule)
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18. When this construct agreement is executed by both parties, the Professional
Services Agreement shall be considered complete.
Assumptions:
1. Bidding has been included in this Professional Services Agreement because
of the rate of new home starts in Addition 2. If the City decides to hold off on
bidding until 2022, this Professional Services Agreement could likely be
modified to account for new calendar year MSA billing rates.
2. Construction Engineering services are not included in this scope of work. A
construction engineering services agreement will be prepared and submitted
when this phase of the project is ready to begin.
3. MSA has analyzed the land needs for a few different routes. In reviewing
those land needs, the total disturbance appears to be less than 1 acre.
Therefore, MSA has not included NPDES project permitting at this time. If the
route selected ends up with a disturbance greater than 1 acre, or if permitting
requirements change to be more restrictive, MSA can prepare the NDPES
Permit Application for an additional fee.
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(Attachment A: MSA Standard Rate Schedule)
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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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