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Chestnut St Reconstruction ProjMEMORANDUM September 9, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Chestnut Street (Highland to Cox) Reconstruction Project Public Works Director Mike Koch recommends initiation of the bidding process for the Chestnut Street (Highland to Cox) Reconstruction Project, and further recommends that a public hearing be set for October 6, 2003. 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 CITY OF DUBUQUE, IOWA MEMORANDUM September 8, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~, . Chestnut Street (Highland to Cox) Reconstruction Project INTRODUCTION The enclosed resolutions authorize the public bidding procedure for the Chestnut Street (Highland to Cox) Reconstruction Project. DISCUSSION Chestnut Street from Highland to Walnut was built in 1898 with macadam stone; and in 1918, brick was placed over the stone. Chestnut Street from Walnut Street to Cox was built in 1915 with macadam stone and replaced in 1935 with concrete. The Chestnut Street project involves a complete reconstruction of the existing base and pavement surface that is 31 foot in width, from back-of-curb to back-of- curb from Highland to Walnut and 20 foot in width from Walnut to Cox. The pavement will be concrete, with new curb and gutter and sidewalks from Highland to Walnut. The section from Walnut to Cox will be concrete with curb and sidewalk on the north side. Since there is one property which does not have a sidewalk, a new sidewalk will be installed at the property owner's expense. The project will include: storm sewer improvements; sanitary manhole replacement; sanitary sewer main repairs; water valve replacement; replacement of 15 lead water services; and 21 sanitary sewer lateral replacements. The schedule for the project will be as follows: Advertisement for Bids Notice of Hearing on Plans & Specifications Mail Notice to Property Owners Published Notices to Property Owners Receipt of Bids Public Hearing Award of Contract Completion September 19, 2003 September 26, 2003 September 26, 2003 September 26, 2003 October 3, 2003 October 9, 2003 October 6, 2003 October 20, 2003 June 30, 2004 RECOMMENDATION I would recommend that the City Council give preliminary approval to the Resolution of Necessity and establish October 6, 2003 as the date of the public hearing. BUDGET IMPACT The estimate for the project is as follows: Construction Contract Contingency Engineering $482,611.70 48,261.17 79,630.93 Total Estimated Cost $610,503.80 The project will be funded as follows: Street Construction Fund Local Option Sales Tax Fund Special Assessment to Private Properties Special Assessment to Water Services Special Assessment for Sewer Laterals Special Assessment for Sidewalk City Paid Deficiency Watermain Depreciation Fund Sanitary Sewer Construction Fund $ 91,559.84 231,907.78 77,302.59 16,343.80 45,820.83 2,201.10 0 88,128.51 57,239.35 Total Project Funding $610,503.80 The project will be funded through the Fiscal Year 2004 ClP appropriation of City funds in the amount of $600,000. The project, as outlined, will require Special Assessments of $141,668.32, Local Option Sales Tax Fund of $231,907.28, and Road Use Funds of $91,559.84. Low- to moderate-income property owners subject to street assessment will be eligible for financial assistance ranging from 20 to 100 percent of the street assessment for the owner-occupied resident property depending on family size and income level. This financial assistance program is made available through the One Percent Local Option Sales Tax. ACTION TO BE TAKEN The City Council is requested to give preliminary approval to the Resolution of Necessity, approve the preliminary assessment schedule, and to establish the date of the public hearing. MAK/vjd Prepared by Michael Felderman, Civil Engineer cc: Bob Green, Water Plant Manager Gus Psihoyos, Assistant City Engineer Michael Felderman, Civil Engineer RESOLUTION NO. 335-03 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 Chestnut Street (Highland to Cox) Reconstruction Project in the estimated amount $610,503.80 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 15th day of September 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO, 336-03 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 Chestnut Street (Highland to Cox) Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 6th day of October, 2003, 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 15th day of September,2003 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk (~/3eanne, F. Schneider, CMC, City Clerk RESOLUTION NO. 337-03 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 flied by the City Council, for the Chestnut Street (Highland to Cox) Reconstruction Project. 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: Street Construction Fund, Local Option Sales Tax Fund, Watermain Depreciation Fund, Sanitary Sewer 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 15t.h day of September, 2003. Approved and placed on file for final action. Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 338-03 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 Chestnut Street (Highland to Cox) Reconstruction Project; 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 6th day of October, 2003, 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 ail objections thereto. Passed, adopted and approved this 15th day of September, 2003. Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 339-03 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS 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 Chestnut Street (Highland to Cox) Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 15th day of September ,~003.~ Terrance M. Duggan,Mayor Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, [OWA CHESTNUT STREET (HIGHLAND TO COX STREET) PRELIlvlINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby determined lo show each lot proposed to be assessed for the improvement shown in the title together with the mnount proposed to be assessed againsf each lot and the valuations shown opposHe each lot are hereby fixed as the role valuations of such lots by the City Council of the City of Dubuque. PUBLIC PARCEL 'VALUATIONw/ NET PAVING SIDEWALK SEWER WATERMAIN DEFICIENCY iMPROVEMENTS WATERSERV[CE SEWER LATERAL TOTAL NET OWNER Esl D~lcnption NO. IMPROVEMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSivlENT O'DONHELL. IOSEPH L & KELLY K O'DONNELL, JOSEPH L & KELLY K ItESS, OWEN C & SUSAN K HESS, OWEN & SUSAN S?10.93 S2.512.74 S784,49 $3,858.67 S446.90 $2,201.10 SI.290,30 SI,290.39 $1.290.30 SI.290.30 $1,290.30 $1.290.30 $L290,20 S885.50 S834.90 $1,290.30 S834.90 SL493.71 $1,493.71 S2,059.78 52.089.78 S2,08Z78 $2,089.78 S2,089.78 S2,089.78 S2,089.78 $2.272.17 $2.342.88 $3.494,94 $3.417,56 $3.475.52 $1.557.20 $2,990.05 S4,182.37 S5.296,75 S2,624.59 $8.964.45 $713,85 RESOLUTION NO. 340-03 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Chestnut Street (Highland to Cox) Reconstruction 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 par[ 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 mere than for[y-five days prior to the receipt of said bids at 2:00 p.m. on the 9th day of October, 2003. 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 20th day of October, 2003. Passed, adopted and approved this __ 15thday of September, 2003. Terr n~cr~e M~ Attest: e F. Schneider, CMC~-City Clerk 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: Chestnut Street (Highland to Cox) Reconstruction Project: The project involves a complete reconstruction of the existing base and pavement surface that is 31 foot in width, from back-of-curb to back-of-curb from Highland to Walnut and 20 feet in width from Walnut to Cox. The project will include: storm sewer improvements; sanitary manhole replacement; sanitary sewer main repairs; water valve replacement; replacement of 15 lead water services; and 21 sanitary sewer lateral replacements. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimate of cost for the Chestnut Street (Highland to Cox) Reconstruction Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m., on the 6th day of October, 2003, in the Public Library Auditorium, 360 West 11t~ 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) 690-6678 at least 48 hours prior to the meeting. Published by order of the City Council given on the ,2003. day of Jeanne F. Schneider, CMC, City Clerk SiTE LOCATION MAP NOT TO SCALE PURPOSE: RECONSTRUCTION CHESTNUT STREET 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: Chestnut Street (Highland to Cox) Reconstruction Project The project involves a complete reconstruction of the existing base and pavement surface that is 31 foot in width, from back-of-curb to back-of-curb from Highland to Walnut and 20 feet in width from Walnut to Cox. The project will include: storm sewer improvements; sanitary manhole replacement; sanitary sewer main repairs; water valve replacement; replacement of 15 lead water services; and 21 sanitary sewer lateral replacements. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: Chestnut Street (Highland to Cox) All property included within the areas described so as to include one-half of the privately-owned property between each such street to be improved and the next street, whether such privately-owned property abuts upon the street to be improved or not. In no case shall property situation more than 300 feet from the street to be improved be assessed. The City Council will meet at 6:30 p.m. on the 6th day of October, 2003, 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 ., 2003. day of Jeanne F. Schneider, CMC City Clerk RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS 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 Chestnut Street (Highland to Cox) Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this ~ day of .,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CHESTNUT STREET (HIGHLAND TO COX STILEET) PRELIMINARY SCI'LEDULE OF VALUATION AND PROPOSED ASSESSMENTS $1,493,7[ $77,270.26 $2,201.10 $79,471.36 $16,343.80 $36,136.50 $131,951.66 CITY OF DUBUQUE, IOWA CHESTNUT STREET ~HIGHLAND TO COX STREETJ PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby :letemfined to show each Im proposed to b~ assessed for the improvement shoum in the title together with the amount proposed to be assessed againsI each lot and the valuations shown opposite each lot m'e hereby fixed as the tree valuations of such lots by the Cit~ Council of the City of Dubuque. PUBLIC PARCEL 'VALUATION w/ NET PAVING SIDEWALK SEWER WATERMAIN DEFICIENCY I/',PPROVEMENTS WATER SERVICE SEWER LATERAL TOTAL NET OWNER Lot D~scriplion No. IblPROVEMENT ASSESSiHENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT BRADFORd. PAMELA K & MUELLER DONALD P O'DONNELL JOSEPH L & KELLY K O'DONNELL JOSEPH L & KELLY K HESS, OWEN C & SUSAN K HESS, OWEN & SUSAN YUNK. GAlL A SHELDON. PBOMAS L & JANA R WUALEN Mil. IOHN E & NORHY. ANTHONY WHALEN MD. JOHN E & NORBY. ANTHONY SHEETS. IEFFREY & CAROL DAVIS. STEVEN ALAN CINGILLI. MUSTAFA & MESUDE SI.290,30 Sl,290.30 t;I,290.30 1;I.290.30 Sl.290.30 $1.290.30 $1.290.30 $860.20 $885.50 $885.1;0 $885.50 S834.90 S77,270.26 $2.201.10 ~79.471.36 $16,343.80 1;36.136.50 $131.951.66 RESOLUTION NO. RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE CHESTNUT STREET (HIGHLAND TO COX) RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Chestnut Street (Highland to Cox) Reconstruction Project, 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 ,2003, 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 apprevedthis 2003. day of Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 10th day of September, 2003, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Chestnut Street (Highland to Cox) Reconstruction Project. 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 ,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Chestnut Street (Highland to Cox) Reconstruction 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 9th day of October, 2003. 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 20th day of October, 2003. Passed, adopted and approved this __ day of ,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE TO BIDDERS OF THE RECEIPT OF BIDS FOR THE CHESTNUT STREET (HIGHLAND TO COX) RECONSTRUCTION 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 9th day of October, 2003, for the construction of Chestnut Street (Highland to Cox) Reconstruction Project. 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 heroin 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 June, 2004. 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 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 9th day of October, 2003, 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 20th day of October, 2003. 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 ,2003. 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 June 30, 2004. 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.