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Raymond Place_Maiden Lane Retaining Wall Repair AcceptanceMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Raymond Place /Maiden Lane Retaining Wall Repair (CIP 3502088) DATE: November 29, 2011 Dubuque kard All- America City I 2007 City Engineer Gus Psihoyos is recommending acceptance of the construction contract for the Raymond Place /Maiden Lane Retaining Wall Repair Project, as completed by Top Grade Excavating, Inc., in the final contract amount of $225,796.54, which is a 6.9% increase in the contract amount of $211,216.97. The project increase is due to additional storm and sanitary sewer work. It is further recommended that the City Council adopt the Final Schedule of Assessments for this project. I concur with the recommendation and respectfully request Mayor and City Council approval. dbt)144 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Raymond Place /Maiden Lane Retaining Wall Repair (CIP 3502088) DATE: November 23, 2011 INTRODUCTION Dubuque kard All- America City I 2007 The enclosed resolutions provide for the acceptance of the construction contract and the establishment of the Final Schedule of Assessments for the Raymond Place /Maiden Lane Retaining Wall Repair Project. BACKGROUND On August 16, 2010, the City Council authorized (Resolution 307 -10) emergency repairs to the retaining wall at the intersection of Raymond Place and Maiden Lane along with the associated street pavement, storm sewer and sanitary sewer in the Cooper Place Area. The project was awarded based on a competitive quotation process for public improvements in accordance with Iowa Code, §26.14. DISCUSSION The Raymond Place /Maiden Lane Retaining Wall Repair Project was completed by Top Grade Excavating, Inc. of Epworth, Iowa, in the final contract amount of $225,796.54, which is 6.9% over the contract amount of $211,216.97. The project cost increase is due to additional storm and sanitary sewer work. RECOMMENDATION I recommend that the City Council accept the improvements, establish the final contract at $225,796.54, and adopt the Final Schedule of Assessments for the Raymond Place /Maiden Lane Retaining Wall Repair Project. BUDGET IMPACT The project cost summary for the Raymond Place /Maiden Lane Retaining Wall Repair Project is summarized as follows: Award Final Construction Contract $211,216.97 $225,796.54 Contingency 21,121.70 0 Construction Engineering 34,850.80 18,167.58 Total Project Cost $267,189.47 $243,964.12 The project funding summary is as follows: CIP No. Fund Description Fund Amount 3502088 Cooper Wall $140,510.09 3001029 Stone Retaining Walls 45,000.00 3501041 Curb & Catch Basin Replacements 15,000.00 7101289 General Sanitary Sewer Repairs 10,000.00 Private Work — Ron Conrad 5,517.27 Special Assessment 27,936.76 Total Project Funding $243,964.12 As noted in the attached August 13, 2010 letter, the current owner of 525 W. 5th Street at that time was notified that a special assessment would be levied once the necessary repairs were completed since the work was of mutual benefit to both the property and to the City. (Note: Per the County Assessor's records, the property ownership changed as of September 29, 2011, to Federal National Mortgage Assoc.) The assessment of $27,936.76 represents 50% of the costs of the retaining wall section abutting Maiden Lane in front of the assessed property and associated costs. The City of Dubuque is paying for the other 50% of the retaining wall costs along Maiden Lane abutting this property. The street pavement costs are entirely born by the City. Additionally, Ron Conrad had some sewer and related work constructed under this contract to accommodate his condominium development on Raymond Place. The cost for this work was $5,517.27. 2 FINAL ASSESSMENT SCHEDULE The schedule for the Final Assessment process is as follows: Council Approve Final Schedule of Assessments Mail Final Special Assessment Notice to Property Owners Publish Notice of Final Assessment 1st Publication: 2nd Publication: Deadline for Financial Assistance Applications Deadline for Paying Assessment to City, Without Interest ACTION TO BE TAKEN December 5, 2011 December 8, 2011 December 9, 2011 December 16, 2011 January 11, 2011 January 11, 2011 The City Council is requested to adopt the attached resolutions accepting the improvements, establishing the final contract amount, and approving the Final Schedule of Assessments for the Raymond Place /Maiden Lane Retaining Wall Repair Project. Prepared by Jon Dienst, PE cc: Crenna Brumwell, Assistant City Attorney Jenny Larson, Budget Director Bob Schiesl, Assistant City Engineer Jon Dienst, PE 3 City of Dubuque - Engineering Division FINAL PAYMENT FORM PARTIAL PAYMENT NO: COUNCIL FINAL PROJECT NAME: CONTRACTOR: Raymond Place Wall Repair Project Top Grade Excavating BID ITEM DESCRIPTION 1 2 3 4 5 6 7 Demolition &Removal Sawcut Pavement and Sidewalk Removal of Pavement and Sidewalk Removal Retaining Wall Excavation, Unclassified Removal of Intake Removal of Storm Sewer Removal of Sanitary Sewer Retaining Wall !' 8 Structural Concrete w /Reinforcing Steel 9 Engineered Fill 10 Suitable Soil Fill 11 4" Perforated CPE Drain Tile 12 Porous Backfill 13 Wrought Iron Railiing UNIT LF SY LS CY EA LF LF DATE: October 4, 2011 CONTRACT AMOUNT: UNIT COST CY TON CY LF TON LF $3.00 $4.00 $8,000.00 $8.00 $500.00 $3.00 $4.00 QUANTITY TO DATE $211,216.97 AMOUNT EARNED TO DATE 62.6 $ 187.80 273.0 $ 1,092.00 1.0 $ 8,000.00 964.0 $ 7,712.00 1.0 $ 500.00 45.0 $ 135.00 34.0 $ 136.00 $757.50 $10.32 $7.12 $6.00 $17.30 $75.00 130.5 632.5 202.0 381.81 92.90 Stone '& Pavement 14 Stone Base 15 2.5' PCC Curb & Gutter 16 5" HMA Pavement 17 Concrete Pavement Filler 18 W -Beam Guard Rail with Posts 19 Concrete Walk, 4 inch 19a Pcc Step, Treads (including footing & reinforcing Steel 19b Install New Stair Railing TON LF SY CY LF SY LF LF $12.00 $15.25 $19.62 $285.00 $45.00 $55.00 $70.00 $75.00 98,853.75 6,526.99 $ 1,212.00 $ 6,605.31 $ 6,967.50 2,820.60 1,860.50 1,567.50 3,474.00 5.50 77.20 Storm Sewer 20 Select Trench Backfill (Storm) 21 Connect to Existing Manhole 22 Intake, 1010 23 Intake, 101B 24 15" RCP, Class IV 25 15" PVC 26 18" PVC LF EA EA EA LF LF LF $18.96 $2,000.00 $3,265.00 $2,740.00 $65.00 $55.95 $65.14 124.00 1.00 1.00 1.00 56.00 Sanitary Sewer 27 48" Sanitary Saewer Manhole, Complete 28 6 "PVCSDR26 29 10 "PVCSDR26 30 Connect to Existing Manhole 31 Select Trench Backfill (Sanitary) 32 Abandon Existing Sanitary Sewer 33 Temporary Bypass EA LF LF EA LF LF LF $4,290.00 $22.30 $25.88 $1,075.00 $18.96 $4.96 $500.00 17.00 3.0 124.7 2,351.04 2,000.00 3,265.00 2,740.00 3,640.00 1.0 124.7 70.6 1,107.38 12,870.00 2,780.14 1,075.00 2,363.74 350.18 MISCELLANEOUS 34 Mobilization 35 Erosion Control 36 Traffic Control 37 Seed, Fertilize, Mulch 38 Remove and Reinstall Chain Link Fence 39 New Chain Link Fence C1 Storm Sewer Manhole C2 4" Dia. Lateral for Future Connection to Lot 11 east of Bldg. 526 C3 4' Riser for Sanitary Manhole C4 7" PCC Pavement w /intergral curb C5 Buttress Extra Work C6 Extra Traffic Control for Sidewalk closure C7 Storm Sewer 15" Relay C8 Adjust Fixtures LS $22,500.00 1.0 $ 22,500.00 LS $1,200.00 1.0 $ 1,200.00 LS $1,000.00 1.0 $ 1,000.00 LS $1,200.00 1.0 $ 1,200.00 LF $25.00 _ 10.0 $ 250.00 LF $25.00 10.00 $ 250.00 TOTAL AMOUNT EARNED TO DATE: $ 208,593.43 LS $ 4,290.00 1.00 $ 4,290.00 LS $ 600.00 1.00 $ 600.00 LS $ 1,792.50 1.00 $ 1 ,792.50 SY $ 42.00 115.73 $ 4,860.66 LS $ 3,039.95 1.00 $ 3,039.95 LS $ 820.00 1.00 $ 820.00 LF $ 25.00 42.00 $ 1,050.00 EA $ 375.00 2.00 $ 750.00 $ TOTAL AMOUNT EARNED TO DATE - CHANGE ORDERS: TOTAL AMOUNT EARNED TO DATE: TOTAL DUE CONTRACTOR: ENGINEERING: TOTAL CONSTRUCTION COST: CERTIFICATE OF THE CITY MANAGER: $ 225,796.54 $18,167.58 $243,964.12 $ 17,203.11 $ 225,796.54 1 hereby certify that the above statement shows in detail the correct amount of all required to complete the above improvement. APPROVED: The undersigned, APPROVED: Michael Van fylilttgen, City IVTa ag City of D , Iowa Gus Psihoyos, City Engineer City of Dubuque, Iowa CERTIFICATE OF THE CONTRACTOR: l C€� (xe1 ©E I:62,(m..n 6- tec • contractor for the above improvement, does hereby accept the above "Total Due Contractor ", as full settlement for all claims for said improvement. CONTRACTOR: p ( 6-?� BY: ail TITLE: ?' DATE: it RESOLUTION NO. 399 -11 ACCEPTING THE RAYMOND PLACE /MAIDEN LANE RETAINING WALL REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Raymond Place /Maiden Lane Retaining Wall Repair Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Cooper Wall, Stone Retaining Walls, Curb & Catch Basin Replacements and General Sanitary Sewer Repairs appropriations for the contract amount of $225,796.54 Tess any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of Decemb 011. Attest: Kevin Firnstahl, City erk Roy D. Buol, Mayor CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE RAYMOND PLACE /MAIDEN LANE RETAINING WALL REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Raymond Place /Maiden Lane Retaining Wall Repair Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $243,964.12. Dated this 294" day of (\Imr„a gt , 2011. City Engineer Filed in the office of the City Clerk on the / day o ll�y ,fll , 2011. evin S. rnsta I, City Clerk RESOLUTION NO. 400 -11 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE RAYMOND PLACE /MAIDEN LANE RETAINING WALL REPAIR PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive; is hereby approved for the Raymond Place /Maiden Lane Retaining Wall Repair Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said Tots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty -five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi - annually in advance. Attest: Passed, approved and adopted this 5th day of December Kevi S. Firnstahl, ity Cler oy D. Buol, Mayor RESOLUTION NO.400 -11 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE' RAYMOND PLACE/ MAIDEN LANE RETAINING WALL REPAIR PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • DUBUQUE, IOWA: After full consider- ation, the Final Schedule of Assess- ments as shown on the attached sheet(s), Page ''1 to Page 1 inclusive; is hereby approved for the Raymond Place/ Maiden Lane Retaining Wall Repair project There is hereby assessed and levied as a special tax against and upon each of the u °neiltei rroperties. the respective' sums indicated. The arno+hf fts shown in said Final Schedule. of 'Assess- ments as deficiencies are found to be proper and Wed" condi- tionally against the respective properties benefited" b r the impravein id ;gw,.fas shown iry. 1 -- Fjlijal Schedule /ids menu; re provisions of Iowa Code § 384.63., Said assessments against said lots are hereby declared' to be in proportion . to . the special benefits con- ferred and not ' in excess of twenty -five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assess- ments to' the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive; weeks in the manger provided in Iowa Code§ 362.3, the first publication of which sh ajt pe not rn t 'fa een ), tke date all g of the Final Schedule of Assessments. On' or before the date of the second publication of the notice,. the City Clerk shall also mail a copy of said notice to property owners whose property is subject to.assessment, as provided in 'Iowa Code §384.60. The assessments may be paid in full or in part without interest at „the office 'of . the City Treasurer, City Hall,•50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assess- ments. . Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurers Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa. and will draw annual interest at nine percent (9 %) computed to December 1 next out tae d r i'rr`stall'rirents •.:'<' o= vided in Section 38465 of the Cade of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each .year.;, however, when the last day of September is, a Saturday” ,or Sunday, that amoullt,.sbail° be delinquent —from the secortelbusiness day of October Delinquent installments., will' draw duent ° + aerrss may ect.to pay any annual 'lnstallnients semi -'annually ' in advance.' Passed, approyed•and adorttee' dd thjs 5th day of Decerfb'er; 2411. Roy 'D. Buoi, Mayor 6. 2t 17,/8,15 CITY ,OF DUBUQUE, F DU itAy O , p MAIDEN ; ;PLACE/ LANE RETAIGWALL , ,nen,w.n FINALSC IEDLLE 00111 VALUATION AND SS PROPOSE DATE tIOVEMBER 18, 2011 The'. fallowing schedule. '.is hereby deterrfiined to show each lot proposed to be the erwith ropogge��d - °xaigaihst each lot and the valuations shown opposite -, h •lot are hereby fixed as the true valuations of such lots by the City Cou nci l of the City of Dubuque. PROPERTY OWNER NAME; LOT DESCRIP- TION; PARCEL NUM- BER; VALUATION WITN IMPROVE- MENT; RETAIN/N,G WALL PRIVATE COST; RETA1NIN0 WALL DEFICIENCY; , TOTAL NET ASSESSMENT Federal National Mortgage Association; LOTS 1, 0& 11 Cooper Heights; J0 -25- 213 -032; $17,31,136.76; $27,936.76; $0-111); $27,936.76 2t 12/8;15. NOTICE TO P -:,, • iE' 14 OWNERS A' , ' 4 tIFTHE ULE OF NTS AEE MO mg RA' .PLACE✓ N WALL .REPAIRPROJECT 1110. THE PERSONS OWNING ' PROPERTY WJr E, DISTRICT dEu' SGRIti AS' FOL- LOWS IN THE CITY OF DUBUQUE, .IOWA: The public, improve - mept aqd location is as foTrdws-.f . Riaymond Place/ Maidens Waite. Retaining YyalP;l pairiRrolect Consisting of • the. properties, which • are describ°ect as,fol lows: LOTS WA 11 COOPER HEI,GyTS.. Yotu .are. ,hereby notified•;.$ hat the Final Schedule- 'of Assess- ments ,against' the benefit der' properties within ,the District described above; a copy of• which Final Schedule of Assess- ments, is attached hereto, has been adopted and the assessment confirm- ed by thereity Council of the 'Cit' of Dubuque, Iowa, and 'that' said Final Schedule ' of Assessments has been certified to the uque County urer. The assessments, may be' paid in t -Oil or in part without interest at the office :of the . City Treasdrer; City, Hall, 50 W. 13th 'Street, Dubu- que, Iowa,' at any time within. 30 . Oayslitf ter the date of the first notice ,of the" Final Schedule of „Assess- ments. 'Thereafter, unpaid'assessrnents of $100.00 or more are payable in. 10 annual installments; at the County Treasurer's.'Of- fiee, ;Dubuque County Courthouse, 720 Cen- tral Avenue, Dubuque, Iowa, and will draw annual interest at nine percent • (9: %) com- puted to December 1 next following the due dates df the respective vide nRS cton284.65 i ,eests • as pro- of e ,Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 'of each year. However, when the lasx day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of '.October: *Delinquent in- stallments will draw the same delinquent interest as ordinary taxes. Property own- ers may elect to pay any annual •' install- ments semi - annually in advance. /s /Kevin S. Fimstahl, City Clerk 2t 12/8,15 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: December 08 & 15, 2011, and for which the charge is $133.35. Subscribed to before me, a Notary Public 'n and for Dubuque County, Iowa, this day of P-cQ ‘l , 20 // . Notary Public in and for Dubuque County, Iowa. `: d ComlmisLion Nurnt :I ;:i (;0- -, c.,. r . 1 20`. • NOTICE TO PROPERTY OWNERS OF FILING OF THE FINAL SCHEDULE OF ASSESSMENTS FOR THE RAYMOND PLACE /MAIDEN LANE RETAINING WALL REPAIR PROJECT TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS FOLLOWS IN THE CITY OF DUBUQUE, IOWA: The public improvement and location is as follows: Raymond Place /Maiden Lane Retaining Wall Repair Project Consisting of the properties which are described as follows: LOTS 10 & 11 COOPER HEIGHTS You are hereby notified that the Final Schedule of Assessments against the benefited properties within the District described above, a copy of which Final Schedule of Assessments is attached hereto, has been adopted and the assessments confirmed by the City Council of the City of Dubuque, Iowa, and that said Final Schedule of Assessments has been certified to the Dubuque County Treasurer. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9 %) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi - annually in advance. Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA RAYMOND PLACE /MAIDEN LANE RETAINING WALL REPAIR FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: NOVEMBER 18, 2011 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together wth 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 PROPERTY OWNER NAME LOT DESCRIPTION PARCEL VALUATION RETAINING WALL RETAINING WALL TOTAL NET NUMBER WITH IMPROVEMENT PRIVATE COST DEFICIENCY ASSESSMENT Federal National Mortgage Association LOTS 10 & 11 Cooper Heights 10 -25- 213 -032 $173,136 76 $27,93676 $0 00 $27,936 76 TOTALS: $27,936.76 $0.00 1 $27,936.76 Page 1 of 1 Masterpiece on the Mississippi Ms. Katherine H Kelley 1615 Garfield Avenue Dubuque, IA 52001 Dear Ms. Kelley: Engineering Department City Hall 50 West 13th Street Dubuque, Iowa, 52001 -4864 563.589.4270 563.589.4205 (Fax) www.cityofdubuque.org August 13, 2010 The purpose of this letter is to provide official notice to you that the City of Dubuque intends to proceed with an emergency repair of the retaining wall adjacent to your property along Maiden Lane. Iowa Code § 364.12 Responsibility for public places, provides: 3. A city may: c. Require the removal, repair, or dismantling of a dangerous building or structure. Iowa Code § 364.12(3) (h) provides further: If the property owner does not perform an action required under this subsection within a reasonable time after notice, a city may perform the required action and assess the costs against the property for collection in the same manner as a property tax. Notice may be in the form of an ordinance or by certified mail to the property owner as shown by the records of the county auditor, and shall state the time within which action is required. However, in an emergency a city may perform any action which may be required under this section without prior notice, and assess the costs as provided in this subsection, after notice to the property owner and hearing. There has been past communication with you and your late husband regarding the ownership of the wall. Mr. Kelley had retained attorney James A. Trannel to review the ownership of the retaining wall and related maintenance responsibilities. No agreement between the City and Mr. Kelley was ever reached on this issue. In 2005 the City of Dubuque hired Buesing & Associates to perform a boundary survey of your property. With that survey, it was determined that the wall is located on private property and not in the street right -of -way. The original plat also shows the wall to be on private property and is recorded in the book of plats No. 9 on page 113 of the Dubuque County Records. Based on these records, the wall clearly benefits you, as the property owner, by the construction of the home at 526 West 5th Street within a few feet of the street. Although the City maintains a traveled roadway (Maiden Lane) adjacent to the top of the wall, the party responsible for the maintenance or replacement of the wall would be that party who caused the need for the retaining wall to be originally built. Because the retaining wall is on private property, we believe that it was constructed for the benefit of the property owner. In order to ensure public safety along the right -of -way of Maiden Lane, the retaining wall along your property at 526 West 5th Street will be removed and replaced and the roadway (Maiden Lane) adjacent to the top of the wall will be reconstructed. The City acknowledges the mutual benefit of completing the necessary repairs and restoring the traveled roadway (Maiden Lane) adjacent to the top of the wall for public use. Given this consideration, the City is currently reviewing this matter to determine an equitable cost - sharing solution. You will be notified of the assessment amount once the emergency repairs have been completed. If you have any questions or need additional information, please contact me at 563.589.4270. Sincerely, _M° Gus Psihoyos, P.E. City Engineer cc: Barry Lindahl, City Attorney Crenna Brumwell, Assistant City Attorney Bob Schiesl, Assistant City Engineer Jon Dienst, Civil Engineer II K: \PROJECTS \RETAINING WALL PROJECTS \Raymond Place Wa11\2010 8 -13 -10 Kelley Notice of Proceeding with Wall Repair.doc Masterpiece on the Mississippi TO:. The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Raymond Place /Maiden Lane Retaining Wall Repair DATE: August 9, 2010 Dubuque kiltd All America City tl r� 2007 The retaining wall located at the intersection of Raymond Place and Maiden Lane is failing and in a state if impending collapse. The existing wall is a concrete wall that has Raymond Place and Maiden Lane above the wall and the 5th Street steps below the wall. The Engineering Department has been monitoring the wall for some time. Due to the lateral movement of the retaining wall, the abutting street pavement has settled. There is a! storm sewer line and sanitani sewer line that will need to he reconstructed due to their close proximity to the retaining wall. In the interest of public safety, City Engineer Gus Psihoyos recommends City Council approval of emergency repairs to the Raymond Place /Maiden Lane retaining wall and the associated pavement, storm sewer and sanitary sewer in the Cooper Place wall area, and authorize solicitation of informal bids for the project. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Raymond Place /Maiden Lane Retaining Wall Repair DATE: August 10, 2010 INTRODUCTION Dubuque All AmencaCity 2007 This memo requests the City Council approve the attached resolution authorizing emergency repairs to the public retaining wall at the intersection of Raymond Place and Maiden Lane along with the associated street pavement, storm sewer and sanitary sewer in the Cooper Place area. DISCUSSION The retaining wall located at the intersection of Raymond Place and Maiden Lane is failing and in a state of impending collapse. The existing wall is a concrete wall that has Raymond Place and Maiden Lane above the wall and the 5th Street steps below the wall. The Engineering Department has been monitoring the wall for some time. Due to the lateral movement of the retaining wall, the abutting street pavement has settled. There is a storm sewer line and sanitary sewer line that will need to be reconstructed due to their close proximity to the retaining wall. IIW Engineers & Surveyors, P.C. (IIW) was retained by the City of Dubuque to provide structural engineering design and analysis of the retaining wall. Attached is the letter from IIW recommending the immediate retaining wall repair. IIW will continue to be part of the design, development, and construction phases of the project. With weather permitting, this work will be completed by year -end. Engineering will send a letter to the property owner notifying them of a special assessment for the retaining wall. The assessment of the wall will be 50 percent (50 %) of the cost due to the dual benefit that the City and the property owner receive with the wall. The City has notified the property owner of the retaining wall issue previously. There has been a disagreement between the City and the property owner on who owns the wall. The property owner had retained the services of legal counsel. No resolution to the ownership of the retaining wall was ever attained. The property is owned by Neil and Katherine Kelley. Mr. Kelley has recently passed away. BUDGET IMPACT The Raymond Place /Maiden Lane Retaining Wall Repair will be funded by the Cooper Wall Area Capital Improvement Project (3502088), with a current balance of $146,803. Since the retaining wall serves both a public and private purpose, the cost of the retaining wall repair will be split between the City and the private property owner. The private property owner's portion will be handled through the City's assessment process. ACTION TO BE TAKEN In the interest of public safety, the City Council is requested to approve the emergency repairs of the Raymond Place /Maiden Lane Retaining Wall Project and associated pavement, storm sewer and sanitary sewer, and to solicit informal bids for the project through adoption of the attached resolution. Prepared By: Jon Dienst, PE cc: Barry Lindahl, City Attorney Bob Schiesl, Assistant City Engineer Dennis Waugh, IIW Engineers & Surveyors, PC RESOLUTION NO. RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL AT THE INTERSECTION OF RAYMOND PLACE AND MAIDEN LANE INCLUDING THE STREET PAVEMENT, STORM SEWER AND SANITARY SEWER Whereas, a public retaining wall adjacent to Raymond Place and Maiden Lane is failing and the pavement on Raymond Place and Maiden Lane has collapsed as the result of the failing public retaining wall; and Whereas, Iowa Code § 384.103 provides that when emergency repair of a public improvement is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city, the governing body shall, by resolution, make a finding of the necessity to institute emergency proceedings and shall procure a certificate from a competent registered professional engineer or architect, not in the regular employ of the city, certifying that emergency repairs are necessary, and that in that event the governing body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair, or dismantling of a dangerous structure and if the property owner does not perform the action, in an emergency a city may perform the action and assess the costs to the property owner. Whereas, the City Council finds that the condition of the retaining wall is a dangerous structure and constitutes an emergency and that an emergency repair of the retaining wall and adjoining public street supported by the retaining wall is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from a competent professional engineer registered in the State of Iowa, not in the regular employ of the City, certifying that emergency repairs to the retaining wall and street are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceedings to repair the retaining wall adjacent to Raymond Place and Maiden Lane including the street pavement, storm sewer and sanitary sewer. Section 2. The City Manager is hereby authorized to proceed with instituting such emergency repairs as provided by law. Passed, adopted and approved this Attest: Jeanne F. Schneider, CMC, City Clerk day of , 2010. Roy D. Buol, Mayor THE CITY OF DUB Masterpiece on the Mississippi Raymond Place Retaining Wall Project Location r product el ODUUOUE AREA GEOGRAPHIC INFORMATION SYSTEM DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System ( DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the IPmost current and accurate information available, DAGIS and S suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, Incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 1 inch = 80 feet 80 40 0 80 Feet Map Prepared by: TWK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 IIW ENGINEERS & SURVEYORS, P.C. July 28, 2010 Gus Psihoyos City of Dubuque - Engineering Department 50 West 13th Street Dubuque, IA 52001 Re: Raymond and Cooper Place Retaining Wall IIW Project No: 08109 -04 Dear Mr. Psihoyos: We have observed the condition of the Raymond and Cooper Place Retaining Wall at the intersection of Maiden Lane and Raymond Place. This wall is endangering adjacent property, including a public sidewalk /stairway. Since it supports a street that is a principal access to several properties, restoring the use of this street is essential for public safety, especially emergency vehicle access. Also considering the recent heavy rains, it is necessary to replace this wall immediately because of the imminently dangerous conditions. Pursuant to the Emergency Work provisions of Section 384.103 of the Code of Iowa, I hereby certify that this is necessary work for this public improvement and that delay of advertising and public letting might cause serious loss or injury to the City and public safety. I hereby certify that this engineering document was prepared by me and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Sincerely, IIW ENGINEERS & SURVEYORS, P.C. Bradley J. Mootz, P.E. Iowa Reg. No. 18076, renewal 12/31/2011 0:11111111//////k ,e For / pH • ;9r y fi 2 BRADLEY J.:c' = s W : MOOTZ ; m 18076 : a /OwoAt���,��```� BUILDING DESIGN CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING www.iiwengr.com Dennis F. Waugh, PE /SE* Charles A. Cate, PE Gary D. Sejkora, PE Michael A. Jansen, PE /SE Ronald A. Balmer, PE /SE /AIA John M. Tranmer, PLS Timothy J. Tranel, PE* John F. Wandsnider, PE Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS Wray A. Childers, PLS Geoffry T. Blandin, PE Mark C. Jobgen, PE Lauren N. Ray, PE /SE* Bradley J. Mootz, PE /SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA * LEED AP 4155 Pennsylvania Avenue, Dubuque, Iowa 52002 -2628 • [P] 563.556.2464/800.556.4491 • [F] 563.556.8711 INTEGRITY. EXPERTISE. SOLUTIONS. ijw