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.