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HomeMy Public PortalAboutResolution 2020-63, Memorializing Council Support Of Proposed Route For Alternate Bike Path Between MRT & DCBT (NOT COSIDERED BY COUNCIL), Letter From Decker Ploehn August 2020RESOLUTION 2020-63 ?s,c14) A RESOLUTION MEMORIALIZING THE RIVERDALE CITY COUNCIL'S SUPPORT OF A PROPOSED ROUTE FOR AN ALTERNATE BIKE PATH CONNECTION BETWEEN THE MISSISSIPPI RIVER TRAIL (MRT) AND DUCK CREEK BIKE TRAIL (DCBT) WITHIN THE CITY LIMITS OF RIVERDALE WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, following its action that closed the connector path between the Mississippi River Trail (MRT) and the end of South Kensington Street in the Havens Acres neighborhood, the Council recognizes the necessity of providing a safe, alternate route to cyclists and pedestrians trying to make the connection between the MRT and the Duck Creek Bike Trail (DCBT) which has a trailhead in Van Gundy Park on the north end of S. Kensington Street, and; WHEREAS, outreach to the Iowa Department of Transportation (IDOT) about the possibility of using the right-of-way on the south side of Hwy 67 has been met with a general willingness to review a proposal from the City and provide guidelines as to what needs to be done in order for the City's plans to come to fruition (ref. Exhibit "A"), and; WHEREAS, the City's Engineering firm, MSA Professional Services, has prepared a preliminary sketch showing an alternate route that would provide path and trail users with a route between the MRT and DCBT that does not cross Highway 67 (State Street) but does utilize some of the IDOT right-of-way (ref. Exhibit "B"), and; WHEREAS, the City Council acknowledges that in order to provide the proposed alternate connector route, the City Engineer, MSA Professional Services, will need to design and oversee the project at an estimated cost of $15,900 (Exhibit "A"), and; WHEREAS, in addition to the engineering work, the City will incur additional expenses related to the additional trail construction work, (an estimate for which will be presented once a final plan has been set and IDOT has provided its comments and/or conditional approval), and; WHEREAS, one of the major projects budgeted for FY21 included installing trail cameras and new signage along a connector route between the MRT and DCBT (estimated to cost $15,000), which could be diverted to cover most of the engineering costs associated with this proposal, and; WHEREAS, the City Council of Riverdale considers this project to be of the utmost importance and wants to move as quickly and surely as possible to complete it. (con) Resolution 2020-63 A Resolution Memorializing the Riverdale City Council's Support of a Proposed Route for an Alternative Bike Path Connection between the Mississippi River Trail (MRT) and Duck Creek Bike Trail (DCBT) within the City Limits of Riverdale NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, That the City Council of Riverdale, Iowa affirms its commitment to pursuing an acceptable solution with IDOT, providing adequate funding for the design, oversight and construction of the proposed alternate route (or an acceptable variation, thereof) to be installed and opened as soon as possible. Passed and approved this 18th day of August 2020. APPROVED ATTEST Michael Bawden, Mayor Katie Enloe, Deputy Clerk aiSowin.Qv PIP ,.co-r TA-ss - gizs:12a RESOLUTION 2020-63 A RESOLUTION MEMORIALIZING THE RIVERDALE CITY COUNCIL'S SUPPORT OF A PROPOSED ROUTE FOR AN ALTERNATE BIKE PATH CONNECTION BETWEEN THE MISSISSIPPI RIVER TRAIL (MRT) AND DUCK CREEK BIKE TRAIL (DCBT) WITHIN THE CITY LIMITS OF RIVERDALE WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, following its action that closed the connector path between the Mississippi River Trail (MRT) and the end of South Kensington Street in the Havens Acres neighborhood, the Council recognizes the necessity of providing a safe, alternate route to cyclists and pedestrians trying to make the connection between the MRT and the Duck Creek Bike Trail (DCBT) which has a trailhead in Van Gundy Park on the north end of S. Kensington Street, and; WHEREAS, outreach to the Iowa Department of Transportation (IDOT) about the possibility of using the right-of-way on the south side of Hwy 67 has been met with a general willingness to review a proposal from the City and provide guidelines as to what needs to be done in order for the City's plans to come to fruition (ref. Exhibit "A"), and; WHEREAS, the City's Engineering firm, MSA Professional Services, has asked to prepare a plan for a proposed alternate route that would provide path and trail users with a clear route between the MRT and DCBT that does not cross Highway 67 (State Street) but does utilize some of the IDOT right-of-way (ref. Exhibit "B"), and; WHEREAS, the City Council acknowledges that in order to provide the proposed alternate connector route, the City Engineer, MSA Professional Services, will need to design and oversee the project at an estimated cost of $5,000 (Exhibit "A"), and; WHEREAS, in addition to the engineering work, the City will incur additional expenses related to the additional trail construction work, (an estimate for which will be presented once a final plan has been set and IDOT has provided its comments and/or conditional approval), and; WHEREAS, one of the major projects budgeted for FY21 included installing trail cameras and new signage along a connector route between the MRT and DCBT (estimated to cost $ 5,000), which could be diverted to cover most of the engineering costs associated with this proposal, and; WHEREAS, the City Council of Riverdale considers this project to be of the utmost importance and wants to move as quickly and surely as possible to complete it. (con) Resolution 2020-63 A Resolution Memorializing the Riverdale City Council's Support of a Proposed Route for an Alternative Bike Path Connection between the Mississippi River Trail (MRT) and Duck Creek Bike Trail (DCBT) within the City Limits of Riverdale NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, That the City Council of Riverdale, Iowa affirms its commitment to pursuing an acceptable solution with = _ , _ • • • • • • - • u • - ' • • • ° - •-- - - -• •.• -----. . Passed and approved this i5th day of August 2020. APPROVED ATTEST is ion, Michael Bawden Mayor Katie Enloe,.Deputy Clerk ���`h.0 reV��'i s Ci)tfk'f' c eStr mttf,s resoo4tm dewKs P�J MSA Professional Services Agreement This AGREEMENT (Agreement) is made today August 12, 2020 by and between CITY OF RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: Riverdale State Street Connector Trail The scope of the work authorized is: See Attachment B The schedule to perform the work is: Approximate Start Date: August 19, 2020 Approximate Completion Date: November 1, 2020 The lump sum fee for the work is: $15,900 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. CITY OF RIVERDALE MSA PROFESSIONAL SERVICES, INC. 1,. /5- Michael Bawden Kevin Bailey, P.E. Mayor Team Leader Date: Date: Clerk Name (Printed): Date: 110 Manor Drive Riverdale, Iowa 52722 Phone: (563) 355-2511 August 5, 2020 Christian R. Cooper, P.E., CPESC. Project Engineer Date: ,/.� t v , 9e-12 2117 State Street, Suite 200 Bettendorf, Iowa 52722 Phone: (563) 424-3696 Page 1 of 4 G:\10\10876\10876073\Contract\10876073 200804 PSA.docx 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 Rate based on volume Fax $1.00/page GPS Equipment $40/hour Mailing/UPS At cost Mileage — Reimbursement (currently $0.575/mile) Rate set by Fed. Gov. Mileage — MSA Vehicle (currently $0.70/mile) Rate set by Fed. Gov Nuclear Density Testing $25.00/day + $10/test Organic Vapor Field Meter $100/day PC/CADD Machine Included in labor rates Stakes/Lath/Rods At cost Total Station Included in labor rates Travel Expenses, Lodging, & Meals At cost Traffic Counting Equipment & Data Processing At cost Trimble Geodimeter $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) G:\10\10876\10876073\Contract\10876073 200804 PSA.docx ATTACHMENT B: SCOPE OF WORK UNDERSTANDING: The closing of South Kensington Street to through bike traffic severed a safe and convenient connector route from bicyclists transferring from the Duck Creek Trail to the Mississippi River Trail and vice versa. Specifically, this connecting route allowed bicycle traffic to avoid crossing State Street at an intersection crossing. Instead, bicyclists could readily utilize the portion of Duck Creek Trail that crosses beneath the State Street Bridge over Duck Creek to move between the south and north sides of State Street. The proposed Riverdale State Street Connector Trail is intended to serve as a connecting trail between the Duck Creek Trail and the Mississippi River Trail that will allow bicyclists to utilize the portion of Duck Creek Trail that passes beneath the State Street Bridge over Duck Creek. Thus, bicyclist will be able to avoid the intersection crossing of State Street, except if they are traveling on portions of the Mississippi River Trail west of Bellingham Street. The proposed route is along the south side of State Street, located between South Bellingham Street and South Kensington Street. SCOPE OF WORK: 1. MSA will survey the proposed route. The survey will include all readily visible topographic features between the back of curb and the store front. 2. MSA will identify the above ground utilities that might conflict with the proposed connector trail. 3. MSA will discuss relocation costs, requirements, policies, and the necessary steps to execute a relocation with agencies associated with the above ground conflicting utilities. Page 1 of 1 (Attachment B: Scope of Work G:\10\10876\10876073\Contract\10876073 200804 PSA.docx 4. MSA will meet with affected building and business owners to discuss modifications to business and building entrances to accommodate proposed trail 5. MSA will create a conceptual demolition, utility relocation, and building modification plan that will allow the State Street Connector Trail to become a functioning trail that adheres to the Iowa Department of Transportation requirements for multi -use trails. 6. MSA will create a conceptual design plan for the proposed State Street Connector Trail. This plan will include the necessary easements and/or property acquisitions that are required in order to construct the aforementioned trail. 7 MSA will prepare a draft opinion of the probable construction cost for the trail. 8. MSA will submit the plans, with a cover letter to the Iowa Department of Transportation (IDOT) for review and comments. 9. MSA will coordinate the review with IDOT and provide review updates to the City. 10. Upon receiving comments from the IDOT, MSA will revise the concept plans and opinion of probable construction cost. The revised opinion of cost will incorporate IDOT comments and estimated engineering fees to complete the design plans. In addition, the revised opinion of costs will include an estimate of engineering fees for Construction Engineering Fees. 11. MSA will present the accepted concept plans and associated opinion of probable construction costs to the City at an appropriate Council Meeting. 12. Upon presentation to City Council, this project will be considered complete. Page 1 of 1 (Attachment B: Scope of Work G:\10\10876\10876073\Contract\10876073 200804 PSA.docx State Street Trail Connection Write a description for your rnap. Legend A Grenny's Motorcycle Clinic Fastenal Company Feature 1 Feature 2 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. Page 1 of 2 (General Terms and Conditions) G:\10\10876110876073\Contract\10876073 200805 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 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. Page 2 of 2 (General Terms and Conditions) G-\10\10876\10876073\Contrail\10876073 200805 General Conditions docx af5ouTRa�1 PIP AoT e-PdS - 8rn:i2b RESOLUTION 2020-63 A RESOLUTION MEMORIALIZING THE RIVERDALE CITY COUNCIL'S SUPPORT OF A PROPOSED ROUTE FOR AN ALTERNATE BIKE PATH CONNECTION BETWEEN THE MISSISSIPPI RIVER TRAIL (MRT) AND DUCK CREEK BIKE TRAIL (DCBT) WITHIN THE CITY LIMITS OF RIVERDALE WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, following its action that closed the connector path between the Mississippi River Trail (MRT) and the end of South Kensington Street in the Havens Acres neighborhood, the Council recognizes the necessity of providing a safe, alternate route to cyclists and pedestrians trying to make the connection between the MRT and the Duck Creek Bike Trail (DCBT) which has a trailhead in Van Gundy Park on the north end of S. Kensington Street, and; WHEREAS, outreach to the Iowa Department of Transportation (IDOT) about the possibility of using the right-of-way on the south side of Hwy 67 has been met with a general willingness to review a proposal from the City and provide guidelines as to what needs to be done in order for the City's plans to come to fruition (ref. Exhibit "A"), and; WHEREAS, the City's Engineering firm, MSA Professional Services, has asked to prepare a plan for a proposed alternate route that would provide path and trail users with a clear route between the MRT and DCBT that does not cross Highway 67 (State Street) but does utilize some of the IDOT right-of-way (ref. Exhibit "B"), and; WHEREAS, the City Council acknowledges that in order to provide the proposed alternate connector route, the City Engineer, MSA Professional Services, will need to design and oversee the project at an estimated cost of $5,000 (Exhibit "A"), and; WHEREAS, in addition to the engineering work, the City will incur additional expenses related to the additional trail construction work, (an estimate for which will be presented once a final plan has been set and IDOT has provided its comments and/or conditional approval), and; WHEREAS, one of the major projects budgeted for FY21 included installing trail cameras and new signage along a connector route between the MRT and DCBT (estimated to cost $ 5,000), which could be diverted to cover most of the engineering costs associated with this proposal, and; WHEREAS, the City Council of Riverdale considers this project to be of the utmost importance and wants to move as quickly and surely as possible to complete it. (con) Resolution 2020-63 A Resolution Memorializing the Riverdale City Council's Support of a Proposed Route for an Alternative Bike Path Connection between the Mississippi River Trail (MRT) and Duck Creek Bike Trail (DCBT) within the City Limits of Riverdale NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, That the City Council of Riverdale, Iowa affirms its commitment to pursuing an acceptable solution with a Passed and approved this i5th day of August 2020. APPROVED ATTEST Michael Bowden Mayor Katie Enloe, Deputy Clerk Q s511,i-e c eS� co c C vw�c `'S 0041 0�� J v{✓tMN'"� a,t-coss mod` e rtiJt^44\a- ��,1 Nute5 resdpkilm d' .if 6f T nft" Mike Bawden From: Lee, Sheila <Sheila.Lee@iowadot.us> Sent: Thursday, July 2, 2020 4:09 PM To: Mike Bawden Cc: Chris Cooper Subject: RE: Bike Trail Connector Route between the MRT and Duck Creek Bike Trail on the South Side of State Street Hi Mike If separation between the highway and trail cannot be established, a barrier may be acceptable. If needed, barriers and railings should be used, but since they can create considerable concerns in urban areas due to aesthetics, visibility', and maintenance problems, it may be necessary to initiate the documenting exceptions process (Section 12B-2, A, 2). The separation between the face of the curb and the path should be maximized, but with the presence of the curb, some landscaping area, and street lighting, the overall objectives of the separation can be satisfied. A speed study would be required for lowering a speed limit. You may send a letter requesting a speed study. This does not mean the speed limit will be lowered. You can send the letter to me identifying the areas you are requesting the study, and I will begin the process. The IDOT does not install flashing lights. This would have to be permitted and would have to comply with the MUTCD. The City would be responsible for installing and maintenance of anything permitted within the highway right-of-way. You can submit a concept plan on what is proposed and we will review and provide comments. Chapter 12 of the Iowa DOT Design Manual provides guidance on sidewalks/trails for your use. https://iowadot.gov/design/Design-manual Thanks and have a happy and safe 4th! Sheila Sheila Lee Engineering Operations Tech Davenport District 6 Field Office P.O. Box 2646 Davenport, IA 52809 563-391-4643 Sheila.lee@iowadot.us From: Mike Bawden <mayor@riverdaleia.org> Sent: Thursday, June 25, 2020 12:09 PM To: Lee, Sheila <Sheila.Lee@iowadot.us> Cc: Chris Cooper <ccooper@msa-ps.com> Subject: RE: Bike Trail Connector Route between the MRT and Duck Creek Bike Trail on the South Side of State Street 1 Hi Sheila, Thanks for getting back to me on this matter. I'll do my best to explain what we'd like to do (I'm not an engineer by a long shot) and I ask Chris Cooper (who's cc'd on this email) to chime in with any comments he can offer to clarify my proposal. Background For starters, the City Council decided (on June 9) to authorize the construction of a gate across a connector path running across City property between the end of South Kensington Street and the Mississippi River Trail (MRT). By closing off this connector path, the Council effectively eliminated a heavily -used (albeit unofficial) trail between the MRT and the Duck Creek Bike Path trailhead located in Van Gundy Park near the intersection of Kensington Street and State Street (Hwy 67). As you might imagine, this decision has not been well -received by cyclists and other trail users who, intentionally or otherwise, thought this only left them with the option of riding up and down State Street and Bellingham to make the connection between the two trails. Possible Solutions In 2013, the City Council of Riverdale passed a resolution thanking the City of Bettendorf for their offer of modifying the existing sidewalk between Duck Creek and Bellingham Road (on the north side of Hwy 67) into a full -width, multi -use trail. After bringing this up to Administrator Ploehn (of Bettendorf) a couple of weeks ago, he said he'd look into it further. Of course, whatever Bettendorf decides to do on their side of the street will be up to them. Riverdale's proposal is to install an asphalt bike path along the south side of State Street from Bellingham Road to the sidewalk(s) near the commercial buildings fronting on the street and then allow bikers to continue down the sidewalk back to Kensington Street and reach the DCBT trailhead without ever having to cross or ride on Hwy 67. I assume some kind of barrier or railing between the sidewalk and highway might be required along part of the proposed route — and one of our Council Members referenced similar projects he had worked on in the Des Moines area that allowed bike trails and state highways to be side -by -side with only a cable - type barrier between the two. I'm hopeful something like that might suffice. Additionally, I'd ask IDOT to consider reducing the speed limit on State Street from 40 to 35 mph and, if possible, to install some kind of flashing lights for traffic approaching Bellingham Road to warn them of the fact that bikers and pedestrians could be using the crosswalk at the stoplight there. We are currently in the middle of a bike trail traffic study in the area to help us identify how many people use the trail during the height of "biking season" and to give us some parameters to use in an effort to project how many cyclists and other trail users might make use of the connection between the two trails. Based on anecdotal information provided by residents in the area, hundreds of bikers and walkers were making the connection between the two trails every day from mid -spring to mid -fall. If the anecdotal numbers are determined to be a fair estimate of actual traffic, it helps explain why residents along South Kensington have objected to the connector path's existence for years and the need path -users have for a safe method of connecting between the MRT and DCBT. The Riverdale City Council is prepared to act if we can gain insight and cooperation from IDOT on helping us move ahead on some form of our proposal as outlined above. 2 Thanks so much for your time and consideration, Sincerely, Mike Bawden Mayor Mike Bawden Mayor. City of River:la1e Iowa 563-355-2511 1563-949-2056 mayor@riverdaleia.orq http://www.riverdaleiowa.com From: Lee, Sheila <Sheila.Lee@iowadot.us> Sent: Thursday, June 25, 2020 11:43 AM To: Mike Bawden <mayor@riverdaleia.org> Cc: Chris Cooper <ccooper@msa-ps.com> Subject: RE: Bike Trail Connector Route between the MRT and Duck Creek Bike Trail on the South Side of State Street Hi Mike I apologize on my delay in response. Any work within the highway right-of-way does require a permit which is through me. Are you looking at another trail extension or improvements? We would need to know what is proposed and then we would review, offer comments, and process a permit. We do have ROW on both sides of the highway, and I can provide you as built plans if needed. I have not been able to make it down there yet to see where the gate closure is, but it sounds like the gate is not on the path that is within the IDOT ROW? Thanks Sheila Sheila Lee Engineering Operations Tech Davenport District 6 Field Office P.O. Box 2646 Davenport, IA 52809 563-391-4643 Sheila.leePiowadot.us From: Mike Bawden <mayor@riverdaleia.org> Sent: Thursday, June 18, 2020 11:51 AM To: Lee, Sheila <Sheila.Lee@iowadot.us> Cc: Chris Cooper <ccooper@msa-ps.com> Subject: Bike Trail Connector Route between the MRT and Duck Creek Bike Trail on the South Side of State Street 3 Hi Shelia, As you might have heard, the bike -riding community is up in arms over the Riverdale City Council's decision to close off the connector path between the Mississippi River Trail (MRT) and South Kensington Street. Without getting into too much detail, I've promised our citizens and the trail -users that I'd reach out to both the City of Bettendorf and the Iowa DOT to see if we could work together to make some improvements to alternate routes that connect the MRT to the Duck Creek Bike Trail in order to address perceived safety concerns. The only problem is, I'm not sure who to meet with that IDOT to find out what our options might be. I called Chris Cooper to ask for his sage advice and he said, in essence, that all roads lead to your desk (at least to start), so I thought I'd send you this note and make my plea for help. My understanding is that the right-of-way for State Street (Hwy 67) extends on both the north and south sides of the street and that anything Riverdale or Bettendorf might want to do to make a few, safety -related improvements to the area would require Iowa DOT's review, advice and permission. I'd like to get the process started at the department's earliest convenience, so any advice you can provide as to who should I should request a meeting with would be greatly appreciated. Thanks so much for your time and consideration, Regards, Mike Bawden M i , 563-355-2511 1563-949-2056 j mayor(a�riverdaleia.orq http://www.riverdaleiowa.com 4 vcli16 IT "3 ,. Mike Bawden From: Mike Bawden Sent: Friday, August 21, 2020 10:09 AM To: Chris Cooper MSA Cc: Kent Royster (cityadmin@riverdaleia.org) Subject: Revised estimate for alternate connector route for bike path Chris, Can you come up with a revised, estimated price for helping the City work with IA -DOT to install an asphalt path from the corner of Bellingham and State Street to the end of the main sidewalk extension in front of A&S Tool & Manufacturing (4415 State Street)? I'd like to put this in front of Council again on Tuesday so they can decide just how far they are (or are not) willing to go to accommodate those cyclists and pedestrians who want to travel between the MRT and DCBT on the south side of State Street. If you can shoot me a number today, that would be great. Thanks, Mike a1 � �3 Nden 563-355-2511 j 563-949-205,3 I mavorriverdaleia.orq htto://wivw riverdaleiowa.com fl 1 Bettendorfi August 18, 2020 Mayor Mike Bawden and Riverdale City Council 110 Manor Dr Riverdale, IA 52722 }_ ,..__ J---i,,- i, 0,e-04 - 1Ddrr BiZ-c 1609 State Street • Bettendorf, Iowa 52722-4937 • (563) 344-4000 Dear Mayor Bawden and Council Members Adams, D'Camp, Heddlesten, Krell and Littrel, Thank you for the opportunity for Mayor Gallagher and me to meet with you and Council Members Anthony Heddleston and Kelly Krell on August 5th. As we indicated in the meeting, we are deeply concerned and disappointed with City Council's decision to close the connection between Kensington Drive and the Mississippi River Trail. Although not technically a part of the trail, we believe that the "spirit" of the 28E Agreement talked about mutual discussions when decisions regarding access were to be made and, in fact, no dialogue took place between the City of Riverdale and the City of Bettendorf prior to this decision being made. We believe that there has not been a safe alternative considered and until a safe alternative is considered and implemented, the City Council of Riverdale should continue to leave this connection in place. Further, we think you should actually do some sort of survey of the number of people who use the street and connection so there is legitimate data that can be analyzed prior to a closure taking place. We believe that there are a great number of people who use this certainly from Bettendorf and Riverdale and that arbitrarily closing the Kensington Drive access off without meaningful discussion, dialogue and careful consideration of a public policy that benefits more than just a neighborhood is the essence of good governance not just popular governance. We indicated that we would certainly consider widening our section of the sidewalk from the trail on the north side to connect with the trail head on the north side of Hwy 67 and would also work with you to identify grant opportunities that would provide a safer alternative than the sidewalk alternative that you talked about on the south side of Hwy 67 in front of the tavern and the ironworks etc., in an area of a 40 mph speed zone. If the Council votes tonight to keep this path closed without the consideration and discussion mentioned above then we certainly will look at that decision in light of our broader relationship including other mutual agreements. As you know, we have a City Council meeting tonight as well so I will not be able to attend your meeting, but hope that this communication will be read into the record. I look forward to finding a mutually agreeable long-term solution and hope you will vote in the short-term to leave the connection open while we do so. Sincerely, Decker P. Ploehn City Administrator 563-344-4007 (ofc) 563-349-4595 (cell) dploehn@bettendorf.org cc: Kent Royster, Riverdale City Administrator Mayor Gallagher & City Council - I?- C' --- - <0 aril- +0 5-A-ait Ouc-F bl --\-hoLt*i. 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