Tiffany Court - Lead Mine Sinkhole Remediation Project: Acceptance of Public Improvement Construction ContractCopyrighted
July 18, 2022
City of Dubuque Consent Items # 015.
City Council Meeting
ITEM TITLE: Tiffany Court- Lead Mine Sinkhole Remediation Project: Acceptance of
Public Improvement Construction Contract
SUMMARY: City Manager recommending City Council approval of a resolution
accepting the public improvements and authorize the final payment of the
contract amount of $132,610.76 to S&S Builders for the Tiffany Court -
Lead Mine Sinkhole Remediation Project.
RESOLUTION Accepting the Tiffany Court - Lead Mine Sinkhole
Remediation Project and authorizing the payment to the contractor
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Acceptance Tiffany Court Leadmine Sinkhole City Manager Memo
Remediation Project_MVM Memo
Staff Memo
Resolution
Staff Memo
Resolutions
THE C
DUj!BQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tiffany Court - Lead Mine Sinkhole Remediation Project
Acceptance of Public Improvement Construction Contract
CIP 1002823- Sinkhole Mine Remediation
DATE: July 13, 2022
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Assistant City Engineer Robert Schiesl is recommending City Council approval of a
resolution accepting the public improvements and authorize the final payment of the
contract amount of $132,610.76 to S&S Builders for the Tiffany Court - Lead Mine
Sinkhole Remediation Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
THE CITYF
DUijB- El
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: July 12, 2022
RE: Tiffany Court - Lead Mine Sinkhole Remediation Project
Acceptance of Public Improvement Construction Contract
CIP 1002823- Sinkhole Mine Remediation
INTRODUCTION
Dubuque
AII•Aneriea M
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2007-2012-2013
2017*2019
The attached resolution for the acceptance of the public improvement construction
contract for the Tiffany Court - Lead Mine Sinkhole Remediation Project.
BACKGROUND
In September 2018, a large sinkhole developed on private property (2792 Tiffany Court)
which we believe rests on or very near an historically large sub-terrainian crevice
(Stewart's Crevice) related to abandoned lead / zinc mining operations of the 1800's,
based on historical reference in Samuel Calvin's Geology of Dubuque mapped records
of 1858 and 1899.
The subsurface collapse had impacted the nearby residences and had the potential to
impact public infrastructure in and on Tiffany Court. City staff have worked with the
homeowners, Bob and Barb Freidman, and Steve and Kathleen Abba, providing
technical oversite using tried engineered methods of mitigation since the onset of the
sinkhole. Unfortunately, remediation and mitigation efforts had been unsuccessful and
there continued to be on -going funneling and subsidence.
Both property owners, the Freidman's and the Abbas, indicated that their respective
property owner's insurance does not provide coverage for lead mine sinkhole
remediation. The property owners also reached out to legislative and congressional staff
to inquire and request funding assistance at the state and federal levels.
In December 2020, Mr. Freidman sent a letter to Governor Kim Reynolds requesting
assistance in mitigating the lead mine sinkhole. In February 2021, the Governor issued
a letter which authorized Iowa Department of Agriculture and Land Stewardship (IDALS)
to utilize funds from Iowa's coal regulatory account, pursuant to Iowa Code section
207.21(2)(b), to mitigate the lead mine subsidence located at 2784 and 2792 Tiffany
Court.
Following this announcement, IDALS approached the City to inquire if the City would be
agreeable to acting as the Local Public Agency and Contracting Authority for the lead
mine sinkhole remediation and mitigation project.
Following the request, the City Attorney's Office worked directly with the State Attorney
Generals Office to prepare a Cooperative 28E Agreement between the City and IDALS.
The Agreement, to the fullest extent permitted by law, indemnifies and holds harmless
each party from and against all claims, losses, damages, liabilities. In May 2021, per
City Council approval of Resolution 178-21, the Mayor executed the Cooperative 28E
Agreement with the Iowa Department of Agriculture and Land Stewardship.
DISCUSSION
The mitigation work for the sinkhole that formed at 2792 Tiffany Court was successfully
completed. The contractor completed excavating the lead mine subsidence area to
below the foundation level of the Freidman home, then filling voids exposed in the shaft
with polyurethane foam. The contractor then constructed a reinforced concrete slab as a
cap over the shaft which was supported directly on competent shelf bedrock and on
helical piers extending into bedrock. The excavated subsidence area was then
backfilled, and then finish graded to allow for positive surface water drainage away from
the site.
The Tiffany Court - Lead Mine Sinkhole Remediation Project was completed by S&S
Builders of Dubuque, IA in the final contract amount of $132,610.76. This is a 19%
decrease from the original contract amount of $163,666.09. The decrease was primarily
due to the homeowners, Freidman, and Abba, hiring their own contractor directly to
replace their respective private concrete sidewalk and driveways, which resulted in
approximately $23,000 removed from the City contract. Additionally, approximately
$6,000 was saved by not having to remove and replace concrete curb and street
pavement adjacent to the work area.
RECOMMENDATION
I recommend that the City Council accept the improvements and authorize the payment
of the final contract amount of $132,610.76 to S&S Builders for the Tiffany Court - Lead
Mine Sinkhole Remediation Project.
BUDGETIMPACT
The summary of project costs for the Tiffany Court - Lead Mine Sinkhole Remediation
Project is summarized in the following table:
Description
Cost
Estimate
Award
Final
Construction
$ 151,250.00
$ 163,666.09
$ 132,610.76
Contingency
15,125.00
9,363.91
Engineering Design and Administration
15,000.00
15,000.00
12,452.41
Total Construction Cost Estimate
$ 181,375.00
$ 188,030.00
$ 145,063.17
The project funding is summarized as follows:
CIP No.
Fund Description
28E
Agreement
Final
Amount
1002823
IDALS Cooperative 28E Agreement
$ 150,000.00
$ 132,610.76
1002823
Private Property Owner Participation
23,030.00
1002823
Sinkhole Mine Remediation
15,000.00
12,452.41
Total Project Funding
$ 188,030.00
$ 145,063.17
Per the 28E Agreement, IDALS would reimburse the City for expenditures up to
$150,000, however, the actual final City reimbursement amount is $132,610.76, for
allowable and eligible expenditures for work performed that was directly related to the
remediation of the lead mine subsidence. Additionally, per the 28E Agreement, the City
and IDALS are responsible for their own respective administrative costs, including the
costs of administration, resources, and employees' labor on the project. The City's costs
for administering and acting as the Contracting Authority was $12,452.41.
REQUESTED ACTION
The City Council is requested to adopt the attached resolution accepting the public
improvements and authorize the final payment of the contract amount of $132,610.76 to
S&S Builders for the Tiffany Court - Lead Mine Sinkhole Remediation Project.
cc: Jenny Larson, Director of Finance and Budget
Hugh McCarron, Engineering Technician
Vince Sitzmann, Mike Bourland, IDALS
Attachments
F:\PROJECTS\Tiffany Court Sinkhole - 2019\Council & Staff Documents\Acceptance
3
Prepared by: Bob Schiesl City of Dubuque Engineering 50 W. 131" Street Dubuque IA 52001 (563)589 4270
Return to: Adrienne N. Breitfelder, City Clerk, 50W 13" Street, Dubuque, IA 52001 (563)589-4100
RESOLUTION NO. 250-22
ACCEPTING THE TIFFANY COURT - LEAD MINE SINKHOLE REMEDIATION
PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
WHEREAS, the public improvement contract for the Tiffany Court - Lead Mine
Sinkhole Remediation Project (the Project) has been completed by the Contractor, S&S
Builders, (Contractor), and the City Engineer has examined the work and recommends
that the Project be accepted; and
WHEREAS, the final contract amount for the Project is $132,610.76; and
WHEREAS, the Contractor has previously been paid $125,980.22, leaving a
balance of $6,630.54; and
WHEREAS, the City Council finds that the recommendation of the City Engineer
should be accepted.
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 the
balance of the retainage of $6,630.54 as provided in Iowa Code chapter 573, and to pay
such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved, and adopted this 18th day of July 2022.
Brad M. Cavan agi-r,'Mayo r
Attest:
L ��rtL //V 64�&—
Adrienne N. Breitfelder, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF TIFFANY COURT -
LEAD MINE SINKHOLE REMEDIATION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Tiffany Court - Lead Mine Sinkhole Remediation Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $145,063.17.
Dated this 12t" day of July 2022.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12t" day of July 2022.
Adrienne N. Breitfelder, City Clerk