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Bunker Hill St. Sidewalk InstalMEMORANDUM May 23, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Bunker Hill Sidewalk Installation Public Works Director Mike Koch recommends initiation of the bidding process for the Bunker Hill Sidewalk Installation Project, and further recommends that a public hearing be set for July 1, 2002. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, City Engineer TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM May 24, 2002 Michael C. Van Milligen, City Manager Michael A. Koch, City Engineer Bunker Hill Sidewalk Installation INTRODUCTION The enclosed resolutions authorize the public bidding procedures for the Bunker Hill Sidewalk Installation Project. BACKGROUND This project was initiated based on numerous requests for sidewalk along North Grandview abutting the City golf course and Clarke College. The project provides for the installation of 2,060 lineal feet of sidewalk along Bunker Hill Golf Course and 376 lineal feet of sidewalk abutting Clarke College property. The work will consist of: excavation; stone base; a 4-feet wide, 4-inch deep sidewalk; and a 1-foot grass strip between the walk and curb on both sides. When the City acquired the right-of-way for the North Grandview extension from Clarke College, an agreement was made that Clarke College would not be assessed for the sidewalk along North Grandview. The City, pursuant to the attached 1959 agreement, will pay for this cost. The schedule for the project will be as follows: Advertisement for Bids Notice of Headng on Plans & Specifications Receipt of Bids Public Headng Award of Contract Completion June 7, 2002 June 14, 2002 June 18, 2002 July 1,2002 July 1, 2002 September 1, 2002 RECOMMENDATION I would recommend that the City Council establish the date for the public hearing, and authorize the City Clerk to advertise for proposals for the Bunker Hill Sidewalk Installation Project. BUDGET IMPACT The estimate for the project is as follows: Construction Contract $61,176.00 Contingency $ 6,117.60 Engineering $10,094.04 Total Project Cost $77,387.64 Funding sources for this improvement will be from the Fiscal Year 2002 Capital Improvement Program for City-Owned Sidewalk, which has a balance of $98,259.04. ACTION TO BE TAKEN The City Council is requested to establish the date for the public hearing and to authorize the City Clerk to advertise for proposals through adoption of the attached resolutions. Prepared by Jane Smith, Engineering Assistant cc: Gil Spence, Leisure Services Manager Pauline Joyce, Administrative Services Regular Session, June 1, 1959 281' AGREEMENT This AGREEMENT made and en- tered into this 1st day of June, 1959 by and between CLARKE COL- LEGE,,:a non-profit Iowa Corpora- tion, hereinafter referred to as "CLARKE" and the CITY OF DU- BUQUE, IOWA, a municipal cor- poration, hereinafter referred to as "CITY"; WITNESSETH: Whereas, Clarke is the owner of Lot 2 of the Subdivision of Mineral Lea 199 and Lot 2 of the Subdivi- sion of Lot 1 of Lot 1 of Lot i of Mineral Lot 190, in the City of Dubuque, Iowa;..and Whereas;: The City desires to ac- quire title to said described prop- erty for installing improved street, curb and gutter, utilities, sidewalks and other improvements therein; and Whereas, Clarke also owns other land to the east thereof that abuts and is adjacent to said described property; end Whereas, such other land of Clarke will not be benefifed by the proposed improvements to be in- stalled by the City in said described property; und Whereas, Clarke is willing and agreeable 'to conveying said de- scribed property to the City upon certain terms end conditions here- inafter set forth; Now, Therefore, Clarke does hereby agree to convey to the City upon acceptance and approval of this agreement by the City, by war- ranty deed, the following described real estate, to-wit: Lot 2 of the Subdivision of Min- eral Lot 199 and Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 190, in the City~ of Dubuque, Iowa; and in consideration thereof the City does hereby covenant end agree with' Clarke as follows: 1. Except as hereinafter provided, that no assessment of any kind wilt at any time be levied by the City upon the property of Clarke that is adjacent or abut- ting to said described property for the installation of an im- proved street, curb and gutter, water,sewer, gas, or other utility or sidewalks (including the re- placement and repair of said improvements) in or upon the property herein agreed to be conveyed to the City. 2. I£, in the future, Clarke or its successor owner of the property abutting and adjacent to the real estate above described shall desire access to said street or to utilize one or more of said utilities er improvements as may be installed by the City, it shall pay to the City at that time such amount as shall be determined by such owner and the City to be equitable under all the then existing circum- stances, taking into account the original cost of the street, util- ity er improvement sought to be utilized, its then remaining useful life, the benefit to the adjacent and abutting property to be served and the faef that the aforesaid described real estate has been conveyed to the City by Clarke without cash consideration to Clarke. For the purpose of this agreement and applying the 'aforesaid prln- ciples it shall .be conclusively presumed that the. useful life' of street surfacing end curb and gutter improvement shall be ten (10) years from date of cem- plefion, and ~the useful life of utilities and sidewalks shall be twenty (20) years from date of completion. 3. This Agreement shall be bind- ing:upon and inure to the bene- fit of the successors and assigns of the respective parties hereto. CLARKE COLLEGE By; Sister Mary Benedict, B.V.M. President Attest: Sister Ma~y Roberdette, B.V.M. Secretary (Seal of Clarke College) CITY OF DUBUQUE, IOWA By Charles A. Kintzinger, Mayor Attest: Leo F. Frommelt, City Clerk (Seal of the City of Dubuque, Iowa) 282 Hegu]~r Session, June i, 1959 RESOLUTION NO. 141--$9 Whereas, Clarke College has ten- dered a proposed Agreement pro- riding for the conveyance of Lot 2 of the Subdivision of Mineral Lot 199, and Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 190, in the City of Du- buque, Dubuque County, Iowa, subject to the terms and conditions set forth in said agreement; and Whereas, said property is quired for the extension of North Gramiview Avenue; and Whereas, t h e improvement placed hereafter on said property will be of no benefit to said Col- lege so long as access thereto is not provided to its remaining prop- erty; and Whereas, the City Council has examined the proposed terms and conditions as set forth in said Agreement; Now Therefore, Be It Resolved By the City Council of the City of Dubuque: Section 1. That the terms and conditions of said Agreement be ap- proved and that the Mayor and City Clerk be and they are hereby thorized and directed to execute said Agreement on behalf of the City of Dubuque; Section 2. That said Agreement be set forth in full in the record of the Council Proceedings. Passed, adopted and approved this 1st day of June, A.D. 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND, LEO N. SCHL~,r~T,P.R, CLARENCE p. WELU, ?~r~:R J. TAKOS, Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Freund moved the adoption of the resolutian. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas--Mayar Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays--None. May 13, 19S0 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivi- sion plat of Block 8 Green Acres Subdivision. This subdivision is located east of Oak Crest Drive on Maplewood Court and is owned by Reilly Realty Co. This plat has been examined and approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary Councilman Freumi moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas--Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays--None. RESOLUTION NO. 142--59 Resolution Approving Plat of Block 8 in Green Acres Subdivision in the City of Dubuque, Iowa. Whereas there has been filed with the City Clerk a plat in which Block 8 in Green Acres Subdivision in the City of Dubuque, Iowa is ~latted as Lots, 1, 2, 3, 4, 5, 6, 7, 8 and 9 each in Block 8 Green Acres Subdivision in the City of Dubuque, Iowa and, Whereas said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and, Whereas said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they ere hereby authorized and directed to endorse th approvai of the City upon said plat. RESOLUTION NO. 297-02 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Bunker Hill Sidewalk Installation Project in the estimated amount of $77,387.64, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 3rd Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk day of June, 2002. RESOLUTION NO.298-02 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications; and form of contract and placed same on file in the office of the City Clerk for public inspection of the Bunker Hill Sidewalk Installation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 1st day of July, 2002, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 3rd Attest: Jeanne F. Schneider, CMC, City Clerk day of June ,2002. Terrance M. Duggan, Mayor RESOLUTION NO. 299-02 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Bunker Hill Sidewalk Installation Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 18t~ day of June, 2002. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 1~t day of July, 2002. Passed, adopted and approved this 3rd Attest: Jeanne F. Schneider, CMC, City Clerk day of June, 2002. Terrance M. Duggan, Mayor NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the Bunker Hill Sidewalk Installation Project: 2,060 lineal feet of sidewalk along Bunker Hill Golf Course on North Grandview and 376 lineal feet of sidewalk abutting Clarke College property on North Grandview. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public head ng on the proposed plans, specifications, form of contract and estimate of cost for the Bunker Hill Sidewalk Installation Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 1 ~ day of July, 2002 in the Public Library Auditorium, 360 West 11 Street, in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto or to the cost of the improvements. Any visual or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's office at (563) 589-4120 or TDD at (563) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 2002. day of Jeanne F. Schneider, CMC, City Clerk NOTICE TO BIDDERS OF THE RECEIPT OF BIDS FOR THE BUNKER HILL SIDEWALK INSTALLATION PROJECT Sealed proposals will be received by the City Clerk of the City of Dubuque, Iowa, at the Office of City Clerk in City Hall no later than 2:00 o'clock p.m. on the 18th day of June, 2002, for the Bunker Hill Sidewalk Installation Project. Copies of the plans and specifications may be obtained in the City Engineer's Office at City Hall. Payment to the contractor will be made from funds as may be legally used for such purposes. All work herein provided for shall commence after 1st day of July, 2002, after the notice to proceed has been issued, and shall be fully completed by the 1~t day of September, 2002. All bids must be submitted on the Bid Form bound in the specifications. Each bid shall be accompanied by a satisfactory Bid Bond executed by the Bidder and an acceptable surety; or a cashier's or certified check payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank chartered under the laws of the United States, in the amount of ten percent (10%) of the bids submitted as security that the bidder will enter into a contract for doing the work and will give bond with proper securities for the faithful performance of the contract in the form attached to the specifications. The successful bidder will be required to furnish a performance bond in an amount equal to one hundred percent (100%) of the contract price. Said bond is to be issued by a responsible surety company approved and acceptable to the City Council, and shall guarantee the faithful performance of the contract and terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City of Dubuque, Iowa, from claims and damages of any kind caused by the operations of the Contractor. Said bond shall also guarantee the material of the improvement(s) constructed for a minimum period of two (2) years from and after its completion and acceptance by the City Engineer. No bid submitted by any Contractor which contains a condition or qualification shall be recognized or accepted by the City Council and any letter or communication accompanying the bid which contains a condition or qualification upon the bid which has the effect of qualifying or modifying any provision of the specifications in any manner will be construed as a non-qualifying bid and will be rejected by the City Council as not responsive. All proposals must be made on blanks furnished by the City Engineer and each bidder will be required to state his prices for doing all the items in each section on which he makes a bid and for all things necessary to make a complete job. The Bidder's attention is directed to the City of Dubuque's Affirmative Action Program which is included in the Contract Specifications and the provisions thereof and hereby made a part of the Contract Documents by reference and incorporated therein. The Contractor, when requested by the City of Dubuque, will furnish a statement of his financial and practical qualifications as provided for in the General Requirements of the Specifications. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa and to Iowa domestic labor. The City Council reserves the right to reject any and all bids or to waive any technicalities and irregularities. All bids will be publicly opened and read by the City Clerk at 2:00 o'clock p.m. on the 18th day of June, 2002, and will be submitted to the Council for final action at a meeting to be held in the Public Library Auditorium, at said City at 6:30 p.m. on the 1st day of July, 2002. A contract will be awarded at that time or such subsequent time as the City Council may determine. this Published by order of the City Council of the City of Dubuque, Iowa and dated day of ,2002. Jeanne F. Schneider, CMC, City Clerk CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES Work herein provided for shall be commence after July 1, 2002, and shall be fully completed by September 1, 2002. For each calendar day that any work shall remain uncompleted beyond the completion schedule, $500.00 per calendar day will be assessed, not as a penalty but as predetermined and agreed liquidated damages. The Contractor will be separately invoiced for this amount, and final payment will be withheld until payment has been made of this invoice. The assessment of liquidated damages shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of his contract. An extension of the contract period may be granted by the City for any of the following reasons: 1. Additional work resulting from a modification of the plans. 2. Delays caused by the City. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such extension.