3. Resolution 5085A or 5085B - Subdivision Sidewalk Improvementsv
s.:.--*%artment
Cl'ty Of -Pa IS' I
Al"W"
k..t Tr
Publ'c Works DfZF
0M1�kv
C
Post �" � � � � -77 , Fax # 7
x
REPORT TO: Mayor and City Council
ROM& James C. Hansz, P.E., Director of Public works
SUBJECT: Subdivision Sidewalk Improvements
MEETING ,ATE: January 1.7,2006
BACKGROUND: In June, 2005, Public works staff identified a problem with the construction. of some
sidewalks In the Ashley .park Phase 7 subdivision. The problem areas were brought to the attention f the
developer/engineer. Subsequent to that notification, n, the developer's subcontractor installed the sidewalk
w ithout providing the correct base material. Discussions with the developer/engineer for Ashley Park
.phase 7 included potential remedies. The options discussed 'included outright replacement, extended
warrantypossible payment of a penalty, and consideration for the value of work performed. At the
present time, City standards only provide for replacement of the non-standard items. This was
communicated to the developer/engineer.
The situation with the Ashley Farb sidewalks led to testing of sidewalks in other areas, and to the
development of a comprehensive quality assurance Q program to ensure that all new public
infrastructure, regardless of who builds .it, is done in conformance to the City's long-standing
specifications. The results of the sidewalk QA testing revealed a problem with sidewalk construction in
other in.ew subdivisions.
This issue was discussed with City Council at two work sessions. During the work session
discussions several areas of concern were identified by the City Counci. . The concerns included the issue
f contract performance with respect to the Subdivision .improvement Agreement (SIA) that exists
between the City and subdivision developers, potential nt.ial disruptions and inconvenience to homeowners
adjacent to areas of sidewalk replacement, potential future City liability for premature replacements of
sub -standard sidewalks left in place under extended warranties, difficulties in obtaining and administering
extended warranties beyond the normal one-year warranty that accompanies all new construction, and
potential ways to determine an appropriate value of non-standard sidewalks. Staff was directed to further
examine this issue and identify a potential solution.
Staff identified an approach that appears reasonable for this situation.. We recommend using the
structural numbers for the concrete and aggregate base materials used in construction. This should not be
confused with or interpreted to be a standard design method for sidewalks. However, it appears to be a
A.y 17, 2006 sidewalk Construction.doe
convenient and consistent way to compare different arno- nts of similar materials, Le. four -inches of
concrete versus five inches of concrete; two -inches of granular base versus five -inches of granular base.
summary of this approach accompanies this memo as Schedule A.
WAb the value of the City standard sidewalk set at 0% we can measure the thje.l ness o
concrete and gravel materials actually installed, determine a reference number for them, and thereby
compare the installed sidewalk to the City standard sidewalk. We believe using this comparative value
approach is a reasonable method for detennInIng the approximate worth of a sideway that does not fully
measure up to City standards, but may not warrant removal and replacement. Staff would advise setting; a
minimum level of acceptability. This is should be a minimum of 3.5 inches of concrete and two -inches of
granular base. either of these minimum specifications is not :met the sidewalk should be replaced.
Two resolutions have been prepared. Resolution 5085.E requires that sidewalks not meeting
specifications shall be removed and replaced. Resolution 5085E provides the developer the option of
replacing the sidewalks or l.eavin.g then in place and providing the City with a payment for their reduced
value in accordance with Schedule A.
ACTION N REQUFS ED CITY COUNCIL MEETING OF JANUAR Y 17,.4MOTION TO
APPROVE EITHER RESOLUTION 5085A OR 5085B.
FISCAL EFFECT'S: Not determined at this time.
ALTERNATIVES: As suggested by the City Council
Respectfully subin.i.t ed,
James C . Hans , P.E.
.Director of Public Works City En
Attachments: Schedule A
vXmes H. Patrick
City Manager
RESOLUTION NO. 5085A
A. RESOLUTION To REQUIRE ALL SIDEWALKS, NOT ACCEPTED E Y THE CITY AND
NOT MEETING THE DESIGN ADD CONSTRUCTION STAXDARDS of THE CITY FOR
SIDEWALKS, TO BE REMOVED AND REPLACER WITH SIDEWALKS THAT DO MEET
THESE STANDARDS.
WHEREAS, it is the practice and policy of the City to require the landowner requesting the
subdivision approval from the City to construct requisite public infiastr ctre within
the subdivision, such as sidewalks, to meet the design and construction standards o
the City; and
WHEREAS, it Is in the best interests of the City and its residents that public infrastructure within
the City, including sidewalks, .meet the design and construction standards of the Cicy;
and
WHEREAS, during the 2005 construction season the City conducted core sampling of sidewalks
that had been constructed wit in subdivisions it . final plat approval and pursuant to
subdivision improvement agreements and determined that a number of these
sidewalks failed to meet the design and construction standards of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIFF CITY OF
KAL SPELL AS FOLLOWS:
SECTION I. The City of Kalispell shall not accept public infrastructure, including
sidewalks, which has been constructed pursuant to the ten-n.s of a plat
approval and a subdivision improvement agreement that does not meet the
design and construction standards of the City.
SECTION II. Any developer who has constructed a sidewalk that has not been accepted by
the City and for which a bona remains and is shown to be deficient by core
sampling shall either -
a) remove and replace the sidewalk so that it does meet the design and
construction standards of the City; or
b) forfeit the outstanding bon .
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED Y THE MAYOR OF THE
CITY OF KALISP. LL, THIS I " DAY OF JAN A Y, 2006,
Parch B.Kennedy
Mayor
ATTEST -
Theresa here a White
City Clerk
RESOLUTION NO.5085E
A RESOLUTION To REQUIRE ALL SIDEWALKS, NOT ACCEPTED BY THE CITY
AND NOTMEETING THE DESIGN AND CONSTRUCTION STANDARDS of THE
CITY FOR SIDEWALKS, TO EITHER BE REMOVED AND REPLACED WITH
SIDEWALKS THAT DO MEET THESE STANDARDS OR TO ALLOW THE
DEVELOPER TO AGREE To SUBMIT PAYMENT o THE CITY To ADDRESS THE
DEFICIENCY ACCORDING TO CERTAIN ENGINEERING SCHEDULES.
WHEREAS, it is the practice and policy of the City to require the landowner requesting the
subdivision approval from the City to construct requisite public infrastructure
within the subdivision, such as sidewalks, to meet the design and construction
standards of the City; and
WHEREAS, it is in the best interests of the City and As residents that public infrastructure
within the City, including sidewalks, meet the design and construction standards
of the City- and
WHEREAS, during the 2005 construction season the City conducted core sampling of
sidewalks that had been constructed within subdivisions with final plat approval
and pursuant to subdivision improvement agreements and deternin.ed that
number of these sidewalks failed to meet the design and construction standards o
the City; and
WHEREAS, REAS, it is also in the best interests of the City and its residents that sidewalk
infrastructure not meeting the design and construction standards, but otherwise
with a reasonable useful life, be utilized for Its fair dollar value and with
additional payment submitted to the City to address the deficiency so as not to
unreasonably disrupt the residents with the sidewalk on their property.
NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF
KALISPELL ,AS FOLLOWS
SECTIO I: The City of Kalispell shall not accept public infrastructure, including
sidewalks, which has been constructed Pursuant to the terms of plat
approval and a subdivision improvement agreement that does not meet the
design and construction standards of the City.
SECTION II, Any developer who has constructed a sidewalk that has not been accepted
y the City and for which a bond remains and is shown to be deficient by
core sampling shall either:
a remove and replace the sidewalk so that It does meet the design and
construction standards of the City or
b) forfeit the outstanding bond; or
c enter into an agreement with the City in which the developer pays to
the City a nonrefundable sum pursuant to the attached Schedule ""A" that
represents the collar value of the deficiency in the sidewalk, with such
sum held by the City to apply toward the repair and replacement o
sidewalks in that particular subdivision in which the deficiencies exist.
SECTION 1II. The option c given to the developer in this resolution shall apply only
o those deficiencies identified by the City no later than December 3 I,
2005.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 17" DAY OF JANUARY, 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
SCHEDULE "A"
CONCRETE THICKNESS - CRUSHED GRAVEL BASE THICKNESS SCORING CHART
3 kf2t!
CRUSHED
GRAVEL
L
BASE
THICKNESS
7 /241 1 +
1 +
1+
1 +
+
9. 1
## +
+
1 +
+
97-56
88,76
3 /Z+
1 +
1 +
96,51
7.778.90
1+
1+
1+
94.04
85.2376.43
2 1/ 1t 1 +
1+
+
91.58
8Z77
73.97
20 +
+
7.
89.11
.�
71.50
A CRUSHED GRAVEL BASE THICKNESS LESS THAN 2" SCORES A #O: FOR THE ENTIRE
AREA AND THAT AREA SMALL BE REPLACED
A CONCRETE THICKNESS OF LESS THAN 3 1/2" SCORES A # ' FOR THE ENTIRE AREA
AND THAT AREA SHALL BE REPLACED
INSTRUCTIONS FOR USING SCHEDULE .A
1. Measure concrete thickness and find on chart.
2. Measure base material thickness and find on cha
3. Read comparative .factor.
Comparative factor is approximate value, In percent, of installed sidewalk
compared to the City standard sidewalk.
5. value deficiency in percent is ealculated by subtracting the value determined In
step 3 from 100 .
. Value payment is determined by multiplying the percent in step 5 by the number
of square feet of defective sidewalk and the current cost for sidewalk. replacement
taken from the most recent City Sidewalk Construction contract approved. by the
Kalispell City Council.
EXAMPLE
5,000 square feet of sidewalk are installed having a concrete thickness of 3.5 inches over
a base material thickness of 4 inches.
Comparative factor = 81.36
Value deficiency = 1. oo — 81.3 6 = l . %
Value Payment = 5,000 X - 4% X $ s sq r ft • = $5,592,00
*Current 2005 City Sidewalk Construction Contract replacement cost per square foot.