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Sidewalk Install Proj 2000MEMORANDUM September 12, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Center Grove Drive, Cedar Cross Road & Embassy West Drive Sidewalk Installation Program Public Works Director Mike Koch is recommending that a public hearing be set for October 7, 2002, to consider a special assessment program for the 2000 Sidewalk Installation Program. I concur with the recommendation and respectfully request Mayor and City Council approval. ___________________ Michael C Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director MEMORANDUM September 10, 2002 TO:Michael C. Van Milligen, City Manager FROM:Michael A. Koch, Public Works Director SUBJECT:Center Grove Drive, Cedar Cross Road & Embassy West Drive Sidewalk Installation Program INTRODUCTION This is a follow-up from a City Council directive to prepare a special assessment program for sidewalk installation on the west side of Cedar Cross Road between Center Grove Drive and Stadite Drive, otherwise known as the Year 2000 Sidewalk Installation Program. DISCUSSION The Resolution of Necessity, as adopted by the City Council on October 2, 2000, directed that the Center Grove Drive sidewalks and the sidewalks on the east side of Cedar Cross Road be removed from the proposed sidewalk construction project. The installation of public sidewalks and special assessments for the west side of Cedar Cross Road from Stadite Drive from Center Grove Drive was however approved. The amended Resolution of Necessity also deleted two properties on Cedar Cross Road from the assessment program since these properties had other mechanisms in place for the City to ensure the installation of public sidewalks through the development process. Currently the Hansel development is in the process along Cedar Cross Road, and the Hamel sidewalk has been completely installed. The City Council also extended the completion date for the installation of the sidewalk on Embassy West Drive at the comer of Pennsylvania Avenue by one year, through August, 2001 because of a possible sale and development of the property. If the sidewalk was not completed by that time, the property would be put back into the sidewalk project to be assessed. Mr. Herrig, owner of the property, did not complete the sidewalk installation nor develop the site by August, 2001; however, at an August 6, 2001 Council meeting, another one-year extension for the installation of the sidewalk was granted until August, 2002. Still today, neither the construction of the sidewalk nor the development has been initiated. At this time, City staff is presenting the sidewalk installation program for the construction of sidewalks remaining to be constructed on the west side of Cedar Cross Road from Center Grove Drive to Starlite Drive. Because of the significant number of sidewalks constructed voluntarily to date, there are only three remaining properties to be included in the construction project. Cedar Cross Investment Company has contracted for installation of their sidewalk with a local contractor; however, the sidewalk has not yet been installed. It is anticipated that this sidewalk will be completed outside of the special assessment program; however, the property should remain in the assessment program until the walk is completed. Upon further discussions on the issues raised by property owners at the public hearing of October 2, 2000, City staff has determined that the two remaining properties on the north and south sides of the Cedar Cross Bridge do not benefit from the installation of the public sidewalks on Cedar Cross Road. Therefore, it is recommended that the City pay for the installation of these sidewalks, but ownership, maintenance, and snow removal will be the responsibility of the abutting property owners. The installation of the public sidewalks leading up to the west side of the Cedar Cross Bddge will require the guardrails on both the north and south approaches of the bridge be relocated. The project, which will include 216 feet of four-foot wide sidewalk, 474 feet of five-foot wide sidewalk, and 310 feet of lineal feet of guardrail replacement. The schedule for the project will be as follows: Advertisement for Bids September 20 2002 Notice of Hearing of Plans & Specifications September 20 2002 Mail Notice to Property Owners September 20 2002 Notice to Property Owners September 20 2002 September 27 2002 Receipt of Bids September 26 2002 Public Headng October 7, 2002 Award of Contract October 7, 2002 Completion Date November 30, 2002 RECOMMENDATION I recommend that the City Council give approval to the attached resolution rescinding Resolution No. 472-00, Resolution with Respect to the Adoption of the Resolution of Necessity proposed for the 2000 Sidewalk Assessment - Center Grove Drive, Cedar Cross Road, and Embassy West Drive, and adoption of a new Resolution of Necessity limited to the properties on the west side of the Cedar Cross Road and the property at the corner of Embassy West Drive and Pennsylvania Avenue, and the adoption of the attached resolution rescinding Resolution 437-00 and approving a new Preliminary Schedule of Assessments should be adopted. I also recommend that the Council establish October 7, 2002, as the date for the public hearing for the project. BUDGET IMPACT The estimate for this project is as follows: Sidewalks Guardrail Construction Contract $22,463.60 $7,750.00 Contingency 2,246.36 775.00 Engineering 3,706.49 1,278.75 Total Project Subtotal $28,416.45 $9,803.75 Total Project $38.220.20 The project will be funded as follows: City Share $25,163.18 Assessable Share 13,057.02 Total Project Funding $38,220.20 The City's share will be funded from a balance of $124,979 of the appropriation for the City sidewalk repairs from the 1% Local Option Sales Fund and $224,642 in guardrail improvements from the Street Construction Fund. ACTION TO BE TAKEN The City Council is requested to approve the attached resolution rescinding Resolution 472-00, Resolution with Respect to the Adoption of the Resolution of Necessity Proposed for the 2000 Sidewalk Installation Program, and adoption of a new Resolution of Necessity, adopt the resolution rescinding Resolution 437- 00, Resolution Approving Preliminary Schedule of Assessments, and adopting a new schedule thereof, and adopting the attached resolution establishing the date of the public heating through the adoption of the attached resolution. MAK/vjd Prepared by Jane Smith, Engineering Assistant Ed Zalaznik mas Zalaz,~ SITE LOCATION Not To Scale PURPOSE: CEDAR CROSS ROAD - CENTER GROVE TO STARLITE VICINITY MAP Showing the Spirit RESOLUTION NO. 515-02 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 2000 Sidewalk Installation Program in the estimated amount $38,220.20 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 16th day of September' 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 516-02 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 2000 Sidewalk Installation Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 7th day of October, 2002, 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 16th day of September , 2002. Terrance M. Duggan, Mayor Attest: Jeanne, F. Schneider, CMC, City Clerk RESOLUTION NO. 517-02 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 2000 Sidewalk Installation Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the 1% Local Option Sales Tax Fund, the Street Construction Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 16th day of September, 2002. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: , Jeanne F. Schneider, OMC, City Clerk RESOLUTION NO. 518-02 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY 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 for the 2000 Sidewalk Installation Program. The project consists of the installation of public sidewalks on the west side of Cedar Cross Road, from Starlite Drive to Center Grove Drive and the property at the northeast corner of Embassy West Drive and Pennsylvania Avenue; and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of October, 2002, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a Resolution of Necessity and the City Clerk be and is hereby authorized and 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 published once each week for two consecutive weeks, the first publication of which shall .be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 16th Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 519-02 RESOLUTION RESCINDING RESOLUTION 437-00 AND APPROVING IN LIEU THEREOF A NEW PRELIMINARY SCHEDULE OF ASSESSMENTS FOR THE 2000 SIDEWALK INSTALLATION PROGRAM Whereas, the City Council passed Resolution 437-00 dated September 5, 2000, approving the Preliminary Schedule of Assessments for the 2000 Sidewalk Installation Program; and, Whereas, the scope of the project has been amended and a new Preliminary Schedule of Assessments has been prepared. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the 2000 Sidewalk Installation Program and the valuations set out herein are hereby approved. Passed, approved and adopted this 16th day of September, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. SChneider, CMC, City Clerk RESOLUTION NO. 520-02 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2000 Sidewalk Installation Program 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 26th day of September, 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 7th day of October, 2002. Passed, adopted and approved this16th day of September, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE TO PROPERTY OWNERS Notice is given that there is now on file for public inspection in the office of the City Clerk of Dubuque, Iowa, a proposed Resolution of Necessity, an estimate of cost, and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the City Council of Dubuque, Iowa, for an improvement of the type(s) and in the location(s) as follows: 2000 Sidewalk Installation Program. The project consists of the installation of public sidewalks on the west side of Cedar Cross Road, from Stadite Drive to Center Grove Drive and the property at the northeast corner of Embassy West Ddve and Pennsylvania Avenue. That the proposed distdct to be benefited and subject to assessment for the cost of such improvements is described as follows: Legal Description Parcel Number Hamel Place & 367 Cedar Cross M.L. 233 Lot 2-1-1 & 2-1-2 Lot 2 Pt. L1-21, Lot 2 Pt. Lot 1-20 Embassy West Sub Bal Lot 1-1-1A 10-27-352-023 10-27-351-008 10-27-303-006 10-20-480-012 The City Council will meet at 6:30 p.m. on the 7th day of October, 2002, at the Public Library Auditorium, 360 West 11th Street, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he has filed objections with the City Clerk. 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 (563) 690-6678 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 CITY OF DUBUQUE, IOWA Cedar Cross Road from Center Grove to Starlite Drive & Embassy West Drive at Pennsylvania Ave. PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PARCEL Valuation SIDEWALK OWNER Lot Description No. w/Improve. ASMT Cedar Cross Investment Co. tlc Meco Inc. Hamel Place & 367 Cedar Cross 10-27-352-023 $196,621.02 $5,461.02 Zalaznik, Thomas & Valofie E. M.L. 233 Lot 2-1-1 & 2-I-2 10-27-351-008 $7,144.50 $0.00 * Zalaznik, Edward J. Lot 2 Pt. LI-21, Lot 2 ?t. Lot 1-20 10-27-303-006 $103,710.60 $0.00 * *No Benefit - To Be Paid by City of Dubuque $5,461.02 Herdg, Ronald J. & John W. Embassy West Sub Bal Lot 1-1-A 10-20-480-012 $64,346.00 $7,596.00 RESOLUTION NO. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11th day of September, 2002, plans, specifications, form of contract and estimated cost were flied with the City Clerk of Dubuque, Iowa for the 2000 Sidewalk Installation Program. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this day of ., 2002. Terrance M. Duggan, Mayor Attest: ' Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION 472-00 AND APPROVING IN LIEU THEREOF A NEW RESOLUTION WITH RESPECT TO THE ADOPTION OF THE 2000 SIDEWALK INSTALLATION PROGRAM Whereas, the City Council has proposed a Resolution of Necessity for the 2000 Sidewalk Installation Program has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the __ day of ,2002, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and appmvedthis day of 2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk NOTICE TO BIDDERS OF THE RECEIPT OF BIDS FOR THE 2000 SIDEWALK INSTALLATION PROGRAM 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 26th day of September, 2002, for the 2000 Sidewalk Installation Program. Copies of the plans and specifications may be obtained in the City Engineer's office at City Hall. No plan deposit is required. Payment to the contractor will be made from funds as may be legally used for such purposes. All work herein provided for shall be commenced within ten (10) days after the Notice To Proceed has been issued, and shall be fully completed by the 30th day of November, 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 ali 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 and the maintenance of the improvement(s) constructed for a minimum period of two (2) years from and after its completion and acceptance by the City Council. 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 technical ties and irregularities. All bids will be publicly opened and read by the City Clerk at 2:00 o'clock p.m. on the 26th day of September, 2002, and will be submitted to the City Council for final action at a meeting to be held in the Public Library Auditorium, 360 West 11th Street, at said City at 6:30 p.m. on the 7t~ day of October, 2002. A contract will be awarded at that time or such subsequent time as the City may determine. Published by order of the City Council of the City of Dubuque, Iowa and dated this of ,2002. Jeanne F. Schneider, CMC, City Clerk CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES Work herein provided for shall be commenced within the (10) days after notice to proceed has been issued and shall be fully completed by November 30, 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. Delays caused by the City. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such extension.