HomeMy Public PortalAboutResolution 2020-54, Authorizing MSA To Oversee Installation Of Gate In Fence Along South Sidewalk Of Walking Path HWY 67 Over Duck Creek, June 23, 2020RESOLUTION 2020-54
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF MSA PROFESSIONAL SERVICES TO
OVERSEE THE INSTALLATION OF A GATE IN THE FENCE ALONG THE SOUTH SIDEWALK OF
THE WALKING PATH ATTACHED TO THE HWY 67 BRIDGE OVER DUCK CREEK
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 had previously authorized the purchase and installation of a
flood gauge to measure the depth of Duck Creek as it ran near the Havens Acres
neighborhood as part of a larger, flood mitigation program for the City (ref. Exhibit "A"),
and;
WHEREAS, the gauge is located on the other side of the barrier fence protecting
pedestrians and cyclists using the south sidewalk attached to the State Street bridge at
Duck Creek, and;
WHEREAS, the installation of a gate in the bridge will make service of the gauge much
easier, thereby allowing the City to water depth measurements for years to come and,
in turn, the City's flood mitigation plans much more sustainable over the long-term, and;
WHEREAS, the City's Engineer, MSA Professional Services, has provided a proposed
scope of work and estimated cost to oversee the installation of the proposed gate in
the amount of $3,700 (Exhibit "B"), 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.
PPROVED ATTEST
Michael Bawden, Mayor
ft/a,,,YAA-piceozh,Litipo
Mary Ffrances Blevins, Clerk
City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com
RESOLUTION N0. 2019-17
RESOLUTION AUTHORIZING PURCHASE OF
A JOINT USE DIGITAL FLOOD LEVEL GAUGE
FOR DUCK CREEK
FOR THE CITY OF RIVERDALE, IOWA
WHEREAS, in its review of the impact of the April / May 2019 Mississippi River flood,
the City Council accepted a recommendation to solicit information about installing a digitally -
connected stream sensor (flood gauge) in Riverdale on Duck Creek; and,
WHEREAS; the City did consult with a specialist at the Iowa Flood Center, Maxwell
Stanley Hydraulics Laboratory at the University of Iowa, Iowa City (Iowa Flood Center), who
accepted his observations that Riverdale is located midway between the major flood gauges
located at the Mississippi River Lock and Dams 14 and 15, LeClaire, Iowa and Rock Island,
Illinois, and that Riverdale is also impacted by flows both from and into Duck Creek, a
significant watershed affecting both Riverdale and adjoining Bettendorf, Iowa, and therefore an
additional gauge would provide additional useful data; and,
WHEREAS, officials at the Iowa Flood Center at the Maxwell Stanley Hydraulics
Laboratory, the City of Bettendorf, and the Scott County, Iowa Emergency Management Agency
all find that incorporating such a flood gauge into the Iowa Flood Information System (IFIS)
would be of value both to Riverdale and the region in terms of flood emergency planning; and,
WHEREAS, the Iowa Flood Center has proposed installing a digital flood gauge on or
near the Riverdale / Bettendorf boundary on Duck Creek at the U.S. 67 bridge, or alternately, at
the CP Rail bridge, for a cost of approximately $3,600.00; and,
WHEREAS, officials with the City of Bettendorf and the Scott County Emergency
Management Agency have offered to contribute one-third each to the cost of said flood gauge;
and,
WHEREAS, the City Council of the City of Riverdale finds it to be in the interest for the
health, welfare and safety of its residents and the community to authorize the purchase and
installation of said flood gauge.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF RIVERDALE, SCOTT COUNTY, IN THE STATE OF IOWA:
Section 1. That the City Council accepts the recommendations to purchase and have
installed by the Iowa Flood Center a digitally -connected IFS stream sensor / flood gauge for a
cost of approximately $3,600.00, at a location on or near the Riverdale / Bettendorf boundary on
Duck Creek at the U.S. 67 bridge, or alternately, at the CP Rail bridge, to be determined by the
City of Riverdale and the Iowa Flood Center.
Section 2. That the City Clerk shall execute an order to the Iowa Flood Center to order
the purchase and installation of said IFS stream sensor / flood gauge.
Prepared by City Administrator Tim Long Amended May 28, 2019
CITY OF RIVERDALE, IOWA RESOLUTION NO. 2019-17
PAGE 2
Section 3. That upon receipt of the final statement and invoice from the towa Flood
Center for said flood gauge the City Clerk shall issue invoices for one-third of the cost each to
the City of Bettendorf, in care of Brent Morlock, City Engineer at Bettendorf Public Works
Department, 4303 Devil's Glen Road, Bettendorf, IA 52722; and to David Donovan, Scott
County Emergency Management Coordinator, 1100 46th Street, Davenport, IA 52807.
Section 4. That the City Clerk shall initiate such orders to provide for the digital cell
phone connection for said flood gauge in order to integrate it with the Iowa Flood Information
System, and that the City of Riverdale shall be thereafter solely responsible for the current
10.00 per month cost of service.
PASSED AND APPROVED this 2 day of , 2019.
Doug L•ttrel, Mayor pro-tem
ATTEST: Ronald Fulierlove, City Clerk
Prepared by City Administrator Tim Long Amended May 28, 2019
MSA
EX err el
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: Riverdale State Street Bridge Fence Modification
The scope of the work authorized is: See Attachment B
The schedule to perform the work is: Approximate Start Date:
June 18, 2020
Approximate Completion Date:
August 16, 2020
The lump sum fee for the work is: $3,700
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.
ITY OF RIVERDALE
ichael Bawde
Mayor
Date
Clerk Name (Printed))MM" 231-tviN
Date.
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110 Manor Drive
Riverdale, Iowa 52722
Phone: (563) 355-2511
MSA PROFESSIONAL SERVICES, INC.
Kevin Bailey, P.E.
Team Leader
Date: JG+-,-e_
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Christian R. Cooper, P.E., CPESC.
Project Engineer
Date: J'— / /f`
2117 State Street, Suite 200
Bettendorf, Iowa 52722
Phone: (563) 424-3696
Page 1 of 4
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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 + $10ltest
$100/day
Included in labor rates
At cost
Included in labor rates
At cost
At cost
$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)
GY10\10876V 08760691Contract110876069 200610 ?SA.docx
ATTACHMENT B:
SCOPE OF WORK
INTRODUCTION:
The City of Riverdale recently caused to have a water surface level gauge installed on
the south side of the State Street Bridge over Duck Creek. This install is at deck level.
However, it is located just outside of the pedestrian fence on this bridge. In response to
MSA's enquiry on behalf of the City, the Iowa Department of Transportation (IDOT)
indicated they will likely approve a request for a permit to modify the existing fence to
install a small gate to access the gage from the pedestrian deck. IDOT indicated that a
plan(s) and a specification should be submitted for review and approval.
MSA assumes because of the probable low cost of the fence modification that this
project will not be bid. MSA assumes that it will be awarded to a Contractor acceptable
to the City Council.
MSA will administer the Contract with the Fencing Contractor and will report to IDOT on
the install and completion of the project.
Scope of Work:
1. MSA will prepare a base drawing of the existing fence posts and top and bottom
rails.
2. MSA will prepare drawing indicating the proposed modifications, include new
posts, rails, deck attachments, et.
3. MSA will prepare a short reference specification utilizing the Iowa Department of
Transportation's Standard Specifications for Highway and Bridge Construction.
4. MSA will prepare and submit the permit application form with the plans and
reference specification.
5. When a permit is obtained from the IDOT, MSA will coordinate with the City in a
selection of an acceptable Contractor.
6. MSA will coordinate the start of the work with IDOT.
7. MSA will provide an update of the work to IDOT.
8. MSA will notify IDOT when the work is completed.
9. MSA will coordinate project close out with the City.
Page 1 of 1
(Attachment B: Scope of Work)
G.110110676110876059tContractt I0876C69 2006' 0 PSAdocx
Assumptions:
1. MSA assumes the existing fence conforms to !DOT standards. If it does not,
MSA assumes that IDOT will allow modifications to the existing fence without
requiring the fence be brought into compliance with the current fence
specification.
2. MSA assumes that there will not be a bidding process in selecting a fence
contractor.
3. MSA assumes the City will pay all associated IDOT permit and review fees.
4. MSA assumes the City will assume responsibility for securing the gate in a
manner acceptable to IDOT.
Page 1 of 2
(Attachment B: Scope of Work)
G.110110676\106760691Contract110676069 200610 °SA.dacx
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 revea' 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 regal, 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 snail 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 aoove 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, warrarts that permission
has been granted to make planned explorations pursuant to the scope of services. MSA will tale 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 intervais 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. Betterrnent. 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)
G:1' oN o8761±08760691Conlract110876069 200510 General Conditions. aocx
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 or 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 far 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 nas 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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(General Terms and Conditions)
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