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.