Loading...
HomeMy Public PortalAbout2022-21 Resolution Authorizing an Agreement with MSA for Storm Sewer Phase 1RESOLUTION 2022-21 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MSA RELATED TO STORM SEWER STRUCTURE ASSESSMENT (PHASE 1) 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 City's engineer, Christian Cooper, P.E., MSA Professional Services, Inc., has presented information regarding the Riverdale Storm Sewer Structure Assessment, Phase 1, and; WHEREAS, MSA Professional Services, Inc., has presented a Professional Services Agreement (PSA) for Project Number 10876087, Riverdale Storm Sewer Structure Assessment, Phase 1, and; WHEREAS, the PSA scope of work outlines an assessment of the condition of the City's storm sewers that have a visual appearance of being stressed or operating very poorly, and; WHEREAS, the proposed approximate start date for the project is April 1, 2022, and the proposed approximate completion date is July 1, 2022, and; WHEREAS, the fee for the scope of work in the PSA is $8,000, and; WHEREAS, the funding source for payment of this work is budget line item 001-299-6413 and; WHEREAS, the City has reviewed the project and the proposed PSA and desires to enter into this agreement to complete an assessment of the condition of the City's storm sewers that have a visual appearance of being stressed or operating very poorly. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, THAT: Section 1. Section 2. The Mayor is authorized and directed to execute the PSA and other documents required by MSA Professional Services, Inc., at a price not to exceed the $8,000, expensed to budget line item 001-299-6413 as authorized by this resolution without further advice and consent of the City Council. MSA Professional Services, Inc., is hereby authorized and directed to update City Council at further meetings regarding the status of the Storm Sewer Structure Assessment, Phase 1, project. Passed and approved this 8th day of March 2022. APPROVED: ATTEST: Anthony Heddlest�n,�"Mayor Kent Royster, City dministrato P�J MSA Professional Services Agreement MSA Project Number: 10876087 This AGREEMENT (Agreement) is made today February 22, 2022 by and between CITY OF RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: Riverdale Storm Sewer Structure Assessment - Phase 1 The scope of the work authorized is: See Attachment A: The schedule to perform the work is: Approximate Start Date: April 1, 2022 Approximate Completion Date: July 1, 2022 The lump sum fee for the work is: $8,000.00 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. 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. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. Anthony Heddlesten, P.E. Mayor Dae: f� - Kent Royster City Clerk Date: ( / 110 Manor Drive Riverdale, Iowa 52722 Phone: (563) 355-2511 MSA PROFESSIONAL SERVICES, INC. Kevin Bailey, P.E. Team Leader Date: 2/11/2.622 2117 State Street, Suite 200 Bettendorf, Iowa 52722 Phone: (563) 424-3696 Page 1 of 1 G:110110876110876087\coetrectV10876087 220207 PSA - Draft docx J5MSA UNDERSTANDING: Attachment A: Scope of Work All of the City's streets have storm sewers to convey storm water runoff from the road. In addition, State Street (US Route 67) has storm sewers for which the City is responsible for the maintenance and repair of the storm sewer intakes. In the past, the former Street Superintendent, Mr. Miller, prepared a list of storm sewer intakes that were stressed and in need of immediate repair. The assessment of this intakes did not include an evaluation of the interior of the intake. Nor did Mr. Miller's storm sewer intake list provide an assessment of the connecting storm sewers. Finally, Mr. Miller's list did not include prescriptive steps to take to rehabilitate or replace the structure. Based on a visual assessment of the storm sewer structures for the City's residential roads, the readily visual appearance of these storm structures is that most of them are in fair to good condition. For this first phase of storm sewer structure assessment, MSA proposes to evaluate the storm sewer intakes on Mr. Millers short list, as well as any other storm sewer structure that have a visual appearance of being stressed or operating very poorly. Subsequent phases of storm sewer structure assessment, if performed, will concentrate on areas of the City and will involve removing lids and grates to assess the interior condition regardless of the readily visual appearance. Please note that MSA assumes that most of the City's storm structures will not be degraded enough to require an assessment beyond the visual appearance of the above grade exterior of the structure. A. Most of the storm sewer structures for Havens Acres, with the exception of those on Sycamore Lane, were evaluated as part of the Havens Acres Roadway Project. B. The storm sewer structures for the residential portion of Fenno Road have recently been replaced. C. The storm sewer intakes for the Pleasant Hills Subdivision (aka the Manor Drive Subdivision) were evaluated about 10 years ago. D. All of the storm sewer structures for the Woods Estates Subdivision are relatively new. MSA Attachment A: Scope of Work (Cont.) Therefore, based on the selection criteria and Mr. Miller's list, MSA anticipates evaluating 20 to 24 storm sewer structures. Storm sewer structures that appear to be in good shape on the exterior may have interior issues that are not apparent without an internal investigation. However, with this first phase of investigation, MSA is not going to inspect any structure that appears to be acceptable on the surface exterior. MSA is not going to evaluate culverts, end sections, or storm sewer discharges. SCOPE OF WORK: 1. MSA will drive all of the City's roadways, as well as US Route 67, and visually identify all storm sewer structures that readily appear to be damaged or worn. These structures will be added to the list prepared by Mr. Miller. 2. Based on the list derived in step 1, MSA will more thoroughly evaluate the condition of theses intakes and manholes. A more thorough evaluation will include the following: exterior damage due to plowing, the extent of corrosion for exposed steel portions of the intake or manhole, condition of steps (if applicable), amount of debris within structure, condition of the structure invert, the status of the pipe connections, the condition of the connection storm sewers based on a visual assessment of the readily visible portion of the storm sewer. All storm sewer structures to be evaluated will be visually inspected. 3. A specific recommendation of repair or replacement for each structure will be prepared. The repair may likely include adjacent curb and gutter and pavement if necessitated as part of constructing a repair to the intake or manhole 4. An opinion of probable construction cost will be prepared as part of a recommended project for repair or replacement of storm sewer structures. 5. A final letter report will be prepared and submitted to the City. 6. MSA will present a summary of their findings to City Council. �jYMSA ASSUMPTIONS: Attachment A: Scope of Work (Cont.) 1. MSA will bring to the attention of the City any corrugated metal pipe (CMP) storm sewer that is discovered. MSA will likely recommend televising of CMP pipe unless it can be readily determined that the pipe is in bad shape. 2. MSA investigates the City's storm sewer discharges at the municipal boundary on an annual basis. To date, there has been no discovery of an illicit discharge. However, if illicit discharges are discovered, MSA will notify the City and recommend an investigation of the source and / or material testing. MSA will also likely recommend a method to isolate and then clean the same storm sewer. 5MSA 1. Intersection of State Street and Fenno Road — all 2. 4500 Sate St (Brennys New Building). 3. Kensington & State (NS of intersection) 4. 4374 State St (Boylers) 5. 4415 State St (next door to Boylers) 5. 3rd basin from Bellingham Rd (1st in Arconic turn lane) 6. 4th basin from Bellingham Rd (2nd in Arconic turn lane) 7. Southside of Center Gate entrance (Madison Dr) 8. Northside of Center Gate entrance (Madison Dr) 9. 1st basin north of Center Gate (Madison Dr) 10. 6th north of Center Gate (Madison Dr) 11. End of Arconic entrance lane to State St 12. Northside of NE gate entrance '13. 5004 State St (Just north of Bawdens driveway) 14. 4900 State St (in front of soccer field) 15. 4900 State St (northside of north driveway) 15. 4900 State St (southside of south driveway) 17. Bottom of Bellingham Rd ( east parking lot entrance) Attachment B: Mr. Miller's List Photograph Number 1: Example of Intake Requiring Repair 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. Thls agreement upon execution by both pales 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 at 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 tlght-of..entr -on theproject site forMSA''and, If the site -is not owned byOwner, warrants that permission - has been 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. 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 qualification 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 director 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 NASA'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 terminajjon 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:\101106761108760871Conlrectt10876067 220119 General Candlllans.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 materlals 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 thls 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 materlals. 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 far 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 protect 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 per 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 thls 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 claim's 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 thls 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. Demandformediation 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 capltal, 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 thls 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\10876110876087\Contrect110876087 220119 General Condilions.docx