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Klingenberg Terrace Ret WallCITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: December 19, 2000 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director /~-~_,/ Klingenberg Terrace Retaining Wall Reconstruction Project INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the Klingenberg Terrace Retaining Wall Reconstruction Project. BACKGROUND Through the years, the Klingenberg Terrace retaining wall had severely deteriorated and thus caused the hillside embankment to erode, which then caused the street, curbing and cable-stay guardrail to settle and collapse. It was apparent that the deteriorated street between Rosaline and Kleine Street was extremely narrow for residential parking on the south side with substandard street width for two-way traffic and made access difficult for City service vehicles. As a result of the collapsed curbing, the street's ability to effectively control and keep stormwater runoff from entering the adjacent properties was inadequate. The Klingenberg Terrace Retaining Wall Reconstruction Project provided for the construction of approximately 525 lineal feet of segmental retaining wall between Rosaline and Kleine Street. The new segmental block retaining wall provided embankment stabilization and the widening of the street from 15 feet to 25 feet, which improves access for emergency vehicles, refuse collection and maintenance operations in the winter. The additional street width between Rosaline and Kleine Street also improves the safety to local residents and improve the parking situation on the south side of the street. The new retaining wall construction also provided for the installation of approximately 500 lineal feet of new concrete curb and gutter and guardrail, which will improve stormwater drainage and safety in this area. The project also provided improvements to both the sanitary sewer and water service on Klingenberg Terrace between Kleine Street and North Main. Water main improvements included the installation of two (2) new fire hydrants, a bypass valve was installed to separate the combination high and Iow pressure system, and five (5) lead services were replaced with new copper service lines. The original clay tile sanitary sewer, which was constructed very close to the existing water main and in one location directly above the water main, was replaced with ductile iron pipe and relocated to the other side of the street, adjacent to the new retaining wall. All brick manholes were replaced. The magnitude of the sanitary sewer and water service improvements required the section of Klingenberg Terrace between Kleine Street and North Main to be totally resurfaced with asphalt. DISCUSSION The Klingenberg Terrace Retaining Wall Reconstruction Project has been completed by Portzen Construction of Dubuque, Iowa, in the final contract amount of $318,626.99, which is a 14% increase from the original contract in the amount of $279,989.80, however, the total project cost including final construction contract, contingency and engineering is within the project cost funding allocated. The reason for the increase in contract cost resulted from unsuitable subsurface materials encountered during the wall construction, which caused the wall to become higher in certain sections and increase in length. Staff directed the contractor to excavate and remove all unstable footing subgrade materials and replace with a compacted stone base prior to constructing the wall footing, which increased wall construction quantities. Additionally, during the utility reconstruction and street pavement replacement, unsuitable subsurface materials were encountered. Staff again directed the contractor to excavate and remove all unsuitable street subgrade materials and replace with a compacted stone base prior to replacing the asphalt pavement. RECOMMENDATION I would recommend that the City Council accept the improvement and recommend that the final contract amount be established at $318,626.99. BUDGET IMPACT The project cost summary for the Klingenberg Terrace Retaining Wall Reconstruction Project is as follows: Construction Contract Contingency Engineering Total Project Cost Estimate Bid Final 9265,757.00 9279,989.80 9318,626.99 26,576.00 26,576.00 43,850.00 43,850.00 27,178.00 9336,183.00 9350,415.80 9345,804.99 The project is nonassessable and will be funded with an allocation from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund. The project funding summary is as follows: Estimate Bid Fina! FY2000 Street Program General Retaining Wall Repair Fund General Sanitary Sewer Repair Fund General Guardrail Replacement Fund 9161,628.00 106,754.00 51,217.00 16,584.00 9169,939.21 106,754.00 57,643.98 16,078.61 9213,599.00 106,754.00 8,867.99 16,584.00 Total Project Funding 9336,183.00 9350,415.80 9345,804.99 ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement and establishing the final construction contract amount. Prepared by Robert D. Schiesl, Civil Engineer cc: Pauline Joyce, Administrative Services Manager RESOLUTION NO. 3-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Klingenberg Terrace Retaining Wall Reconstruction Project has been completed and the City manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contracts, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 2nd day of January 2001. /s/ Terrance M. Duggan, Mayor Attest: /s/ Jeanne F. Schneider, City Clerk RESOLUTION NO. 4-01 FINAL ESTIMATE Whereas, the contract for the Klingenberg Terrace Retaining Wall Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $345,804.99 and the said amount shall be paid from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund. Passed, approved and adopted this 2nd Attest: day of January 2001. /s/ Terrance M. Diuggan, Mayor Attest: /s/ Jeanne F. Schneider, City Clerk City of Dubuque - Engineering Division Final Payment Form PAYMF2qT NO: FINAL DATE: 19-Dec-2000 PROJECT NAME: KIJNGENBERG TERRACE RETAIhN~ING WALL CONTRACT AMOUNT: $279,989.80 CONTRACTOR: RECONSTRUCTION PROJECT PORTZEN CONSTRUCTION BID ITEM UNIT UNIT COST QUANTITY AMOUNT EARNED TO DATE TO DATE 1 Excavation Wall, Unclassified C.Y. $7.00 1908.00 $13,356.00 2 Excavation, Street, Unclassified C.Y. $4.00 1593.00 $6,372.00 3 Backfill, Wall, 3/8" Clean Stone TONS $13.00 1917.89 $24,932.57 4 Backfill, Wall, Base, Stone Base, Compacted TONS $15.00 1388.38 $20,825.70 5 Backfill, Wail, Top, 1.5" Clean Stone TONS $12.00 6 Backfill, Limestone TONS $5.00 1667.12 $10,002.72 7 Backfill, Topsoil S.Y. $4.00 144 $576.00 8 Backfill, Wail, Top, Impervious Fill TONS $9.75 9 Graded Stone Base TONS $8.50 2321.72 $19,734.62 10 Bedding Stone, 1" Clean TONS $9.00 238.06 $2,142.54 11 Removal of Asphalt Pavement S.Y. $1.50 2370.00 $3,555.00 12 ACC Binder Course - 2" Course TONS $35.85 229.25 $8,103.99 13 ACC Surface Course - 1.5" Course TONS $35.35 263.58 $9,317.55 14 Adjustment of Fixture in Asphalt Pavement EACH $275.00 14 $3,850.00 15 PCC Curb & Gutter, New Placement L.F. $12.00 508.30 $6,099.60 16 Remove and Replace PCC Curb & Gutter L.F. $18.00 160.30 $2,885.40 17 PCC Sidewalk, 4", Remove and Construct S.F. $5.00 700.73 $3,503.65 18 Flowable Mortar C.Y. $70.00 2.50 $175.00 19 Sanitary Sewer Pipe, 8" DIP w/Wrap L.F. $30.00 886.33 $26,589.90 20 Sanitary Sewer, PCC Manhole Sidewall 48", Complete L.F. $90.00 46.62 $4,195.80 21 Sanitary Sewer, PCC Manhole Base 48", Complete EACH $300.00 8 $2,400.00 22 Sanitary Sewer Manhole, Ring (Frame) and Cover, Complete EACH $250.00 8 $2,000.00 23 Sanitary Sewer, DIP Tee 8" x 4" EACH $200.00 20 $4,000.00 24 Sanitary Sewer, 4" C.I.P. Lateral L.F. $25.00 107 $2,675.00 25 Watermain 6" DIP, Push on Joint w/Polywarp, Class 52 L.F. $25.00 20.83 $520.75 26 Fitting 6x6x6 MJ Tee EACH $300.00 1 $300.00 27 Yalve, Gate (6") M.J R.S "O" Ring EACH $500.00 5 $2,500.00 28 Water Service Line Valve Box, Complete EACH $300.00 1 $300.00 29 Water Service Line, Corp, 3/4" EACH $250.00 2 $500.00 30 Water Valve Box, Buffalo Street Box, Upper Section and Lid EACH $200.00 t $200.00 31 Hydrauts, MJ, New, Comp!ete EACH $1,500.00 2 $3,000.00 32 Mega Lug Retainer Glands, 6" EACH $~00.00 9 $900.00 33 Sleeve, 6" M.J #441 EACH $150.00 3 $450.00 34 Water Service Line, 3/4" Copper pipe L.F. $20.00 96.50 $1,930.00 35 Water Service Lines Stop Box, 3/4" Tap, Complete EACH $375.00 6 $2,250.00 36 Water Service Disconnect EACH $400.00 I $400.00 37 Seeding, Fertilizing&Mulching S.Y. $2.60 80&g3 $2,092.56 38 Sodding S.Y. $8.25 321.73 $2,654.27 39 Erosion Control, Silt fence L.F. $8.00 500.00 $4,000.00 40 Filter Fabric S.F. $0.15 41 Geosynthitic Rein for cing S.F. $0.52 33536.00 $17,438.72 42 Guardrail, Formed Steel W-Beam L.F. $9.90 512.50 $5,073.75 43 Removai of Cable G-uardrail, Complete L.S. $1,000.00 1 $1,000.00 44 Post, W6 x 8.5 I-Beam w/Blockout EACH $66.00 83 $5,478.00 45 Type RE-33A W-Beam End Anchorage EACH $880.00 2 $I,760.00 46 Drain Tile, Perforated Plastic Pipe, 4" L.F. $1.00 670 $670.00 47 PCC Footthg, Wall, 6"x24" L.F. $18.00 531.66 $9,569.88 48 Retaining Wall, Standard Segmental S.F. $11.50 5639.10 $64,849.65 49 Asphalt Sa~vcut L.F. $2.50 20 $50.00 50 Traffic/S~£ety Control L.S. $18,300.00 1 $15,300.00 ALTERNATE NO.1 51 Alternate Project Completion Date of August 1, 2000 DEDUCT(-) $]0,000.00 1 ($10,000.00) ALTERNATE NO.3 52 Guardrall, Painting, Complete EXTRA WORK 53 Rock Excavation, Complete L.F. $4.00 N.A. N.A. C.Y. $50.00 31.63 $1,581.50 54 Sanitary Sewer, DIP 8"x6"Reducer EACH $150.00 1 $150.00 55 Crashed Stone Base, 3" TONS $8.50 221.54 $1,883.09 56 Remove and Replace PCC Driveway, 6" S.Y. $7.50 20.92 $156.90 57 ACC Surface, Wall, Top, Impervious Surface, Hand Placement TONS $65.00 59.92 $3,894.80 58 Backfill, Wall, Top, Graded Stone Base TONS $8.50 56A8 $480.08 TOTAL DUE CONTRACTOR: ENGINEERING: TOTAL CONSTRUCTION COST: $318,626.99 $27,178~00 S345,804.99 I CERTIFICATE OF TIlE CITY MANAGER: I hereby certify that the above statement shows in detail the correct amount of all work [equ~e~ to complete/~above improvement. Michael Van Milligen, City Manager City of Dubuque, Iowa APPROVED: ~~ Michael A. Koch, Public Works Director City of Dubuque, Iowa CERTIFICATE OF TIlE CONTRACTOR: The undersigned, contractor for the above improvement, does hereby accept the above "Total Due Contractor", as fall settlement for all claims for said improvement. CONTRACTOR: DATE: 48 Reta[ningWalI. St~ndar_dS_cg~¢~_l .................... S.F. $1'1 50 5639.10 $64849.65 ............... L.F. $2 SO 20 SS0,00 .... s SiS $o0 oo I $~5 300.00 A L I I:.RNA'I 1~ N O, 1 $ I Atc ~ ate Pc,z~¢ct Completion Date of August I, 2000 .}FDUCT (-) $10,000.00 1 .{..~10,000.00) A1LTI-I~NATt'~' NO3 52 Ca,~r&'a£1 Pa t ~ Corn)ieee .... $4 00 N,A. N.A. EX'lf RA WORK 53 RockE×cava.io Complete C.Y. . ..... _$_89:_09 ...........~1_=~.3 .......... .$_!.,581,~? .... 54 San laO' Sewer DIP [P' x 6" Reducer EACH $~50,00 1 $150.00 55 Cmsl~ec Stone Base. 3" TONS $8.50 221,54 $1,883,09 56 Remove and Replace ~CC Driveway, 6" S.Y. $7,50 20.92 $156.90 57 ACCSu'fl~ Wal Top lm ~g B~ckfi~ Wa ,Top, GradedSt ~cBase TONS $8.50 56.48 "'~,~'-'"~ TOTA! DUE CONTIk,~CTOR: ENGINEERING; TOTAL CONSTRUCTION COST: $318 626.99 ' ' 'OFTIIE( .... ' ' CERTII4CA I 1,. ,1 ['t MANA~I_~_: ...................................... I t:ereby colify that the above statement shows in detail tho correct amount of all work/cqu~e~ to completa~~ a~ve improvement. APPROVED: M~dmel Van Milllgen, City Manager City o f Dubuque, Iowa APPROVED: ........................... M~hael A. Koch, Public Works Dkeelor ~i~y of Dub~que~ Iowa CERTIFICATE Ol TIlE CON'tRACTOR: contractor for ~e above improvement, does hereby 'fb.o ~mderaigt}ed, . ....................................... accept the above "Totai Dt~a Contractor", as flflI sel~lemo~[ for all claims for said improvement. CONTRACTOR: BY: 'ITrLE: DATE: CITY OF DUBUQUE, IOWA MEMORANDUM December 27, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Klingenberg Terrace Retaining Wail Reconstruction Project Public Works Director Mike Koch is recommending acceptance of the construction contract for the Klingenberg Terrace Retaining Wail Reconstruction Project in the finai contract amount of $318,626.99. I concur with the recommendation and respectfully request Mayor and City Council approvai. ichael C Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT ARTICLES OF AGREEMENT, made in triplicate, this day of ., between the City of Dubuque, a Municipal Corporation of Dubuque County, Iowa, by its Manager, through authority conferred upon him by its Council, hereinafter called "City" and Portzen Construction of the City of Dubuque, Iowa, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the mutual covenants herein contained, the parties hereto do agree with each other as follows: THE CONTRACTOR AGREES: I. To furnish all material and equipment and to perform all labor necessary for the Klingenberg Terrace Retaining Wall Reconstruction Project. Said improvement is to be made to the established grade and to the grades as shown on the profiles and cross sections on file in the City Engineer's office for this improvement; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the "Contract Documents", all of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. II. The term "Contract Documents" as used herein shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the improvements; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for this improvement. III. That all materials shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. IV. That the Contractor will remove any materials rejected by the Engineer as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the Engineer at the cost and expense of the Contractor. V. Five pement (5%) of the Contract price shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the work by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. VI. That the Contractor has read and understands the specifications including "General Requirements" and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. VII. That in addition to the guarantee provided for in the specifications, the Contractor will also make good any other defect in any part of the work due to improper construction notwithstanding the fact that said work may have been accepted and fully paid for by the City, and his bond shall be security therefor. VIII. That the Contractor will fully complete the work under this Contract on or before August 1,2000. IX. That the Contractor shall indemnify, defend and save harmless the City from and against any and all claims, suits, loss, cost, charges, expense and counsel fees in any way arising from or through the negligence, want of care or fault of the Contractor or his agents, servants or employees in the conduct or construction of said work and any judgement which may be obtained against said City upon claims arising out of the conduct or prosecution of said work shall be conclusive evidence against said Contractor as the amount thereof and liability of said Contractor therefor, and said Contractor further agrees that so much of the monies due said Contractor under and by virtue of this Contract shall be considered necessary by the City may be retained by the City until all suits or claims for such damages shall have been settled and evidence to that effect furnished to the satisfaction of the City. The bond of the Contractor shall be security for the payment of such damages. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the improvement by the City Council, the City agrees to pay Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CQNTRACT AMOUNT $279,989.80 FURTHER CONDITIONS The Contractor hereby represents and guarantees that he has not, nor has any other person for or in his behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby he has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and he has not, nor has another person for or in his behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, he will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $300.00 (Three Hundred Dollars) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Section 573.6 of the Code of Iowa, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and his bond shall be surety therefore, that he will keep and maintain said improvement in good repair for a period of two (2) year(s) after acceptance of the same by the City Council of said City and his bond shall be security therefor. IN WITNESS HEREOF, the respective parties hereto have caused this instrument to be duly subscribed and sealed and executed in triplicate the day and year first above written. Gontr~ctor CERTIFICATE OF CITY CLERK This is t~'fy that a oerUfiff~op.y o~f/~he above..O.q~raot has been filed in my office on the dayof ~-, //~'~.~ . CITY OF DUBUQUE, IOWA CONTRACTOR'S IMPROVEMENT BOND KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction as Principal and United Fire & Casua].ty Co. as Surety are held firmly bound unto the City of Dubuque, Iowa, in the penal sum of $279,989.80 the same being 100% of the total price of the contract for the public improvement herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this and duly attested and sealed. 4th day of August 1999 WHEREAS, the said Contractor by a written contract has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the Klingenberg Terrace Retaining Wall Reconstruction Project according to the contract and plans and specifications prepared therefor; and WHEREAS, the Contractor is required to promptly pay all claims for labor and materials furnished in the performance of the contract and also to save harmless said City from damage claims to person and property arising through the performance of the work; and WHEREAS, said Contractor is obligated and bound by his contract to keep and maintain said improvement in good repair for a period of two (2) years after acceptance of the same by the City Council of said City and this bond shall be security therefor. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in Strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said improvement, the indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the plans and specifications and will maintain in good repair said improvement for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the principal or his surety will be released. The Contract, Contractor's Proposal, and plans and specifications shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa, this 4th day of August , t999 Portzen Construction, Inc. Principal President - United Fire & Casualty Co. Surety Attorney in Fact Attorney in Fact UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POVVER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY ~ESE PRESENTS, That the UNITED FIRE & CASUAL~ COMPANY, a corporation duly organized and existing under the laws of the State of iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint PATRICK P. KANE, OR PATRICIA A. FRICK, OR DAVID FRITZ, OR DIANA K. HEDRICK, ALL INDIVIDUALLY. of PO BOX 1810 DUBUQUE IA 5200~, its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: $1 , 0 0 0 , 0 0 0 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FiRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire APRIL 27th 200]- unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company on April 18. 1973. "Article V - Surety Bonds and Undertakings." S~ction S, Appointment of Attorney-in-Fact. "The President Or any Vice President. or any other officer of the Company, may, from time to time. appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of llke nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in-fact, subject to lhe I~mitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach Ihe seal of the Company thereto. The President or any Vice President. the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given fo any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents signed by its vice president and its corporate seal to be hereto affixed this day of APRIL .A~D. 1999 State of Iowa, County of Llnn, ss: On this 27th day of APRIL 1999, before me personally came Jeffrey A. Chapin to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids. State of iowa; that he is a Vice President of the UNITED FiRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporated seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto L,o#~ ,M¥COMMISSIONEXP.RES My commission expires [~areh 4, 200C' March 4. 2000 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY. do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE iN THE HOME OFFICE OF SAiD COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in fuji force and effect. ..,, In testimony whereof I have hereunto subcribed my name and ~ the corporate seal of the said · *~'"~- Company this 4~h dayof August. '999 / / ACoRD. CERTIFICATE OF LIABILI INSURANCE . . : o /o4/ 9 ,, t i THis CERTIFICATE iS ISSUED AS A MAt I~ OF INFORMATION ~RODUCE~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TriCor, Inc. - Dubuque ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3388 Kennedy Circle Dubuque IA 52001 I COMPANIES AFFORDING COVERAGE COMPANY pATRICK KANE A WEST BEND MUTUAL INS CO PhoneNo. 319--556--5441 F=No. 319--557--7702 B C PORTZEN CONSTRUCTION, INC. PO BOX 1426 COMPLY DUBUQUE IA 52004-1426 D "f ~i~ IS +5 CER~'F~ ThAT THE POLICIES OF INSURANCE LISTED BELOW HAV~ BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIO'{ PER'OD EqD~CATED, NOTW{THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN'{ CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH~S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SROWN MAY HAVE BEEN REDUCED BY PAJD CLAIMS. GENF~AL AGGREGAT~ $ 2. 000 t 000 A BCI 0161660 06 12/31/98 12/31/99 PRODUCTS-COMPIOPAGG $2~000/000 I~MEMAoE ~ o~R p~Eo~^~,,~RY $1.ooo,ooo EACH OCCUrREnCE $ 3., 000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one rite) $ 100 , 000 i_~ MED ~Xp (Any o~e pelson) $5,000 AUTOMOBILE L[ABILC[A' COMBINED SINGLE UMIT $ 1,000,000 A ~-ANY^tm3 BCI 0161660-06 12/31/98 12/31/99 [Per accident) ^~ro O.LY. ~ ^CC,~E~r $ ~CH OCCURR~NCZ S 10,000,000 ESS U^~IU~Y $ 10,000,000 A UMBR~LA FORM C~I015933706 12/31/98 12/31/99 EMPLOYER~ L~EIL~ EL EACH ACCIDENT $ 500 ~ 000 A ~EPROPm~C~ ~ INC~ WCI015933906 12/31/98 12/31/99 EL DISEASE - POLICY LIM~ $ 500 , 000 ~ARTNER~EXECU~¥E I EL DISEASE - EA EMPLOYEE $ 500~000 RESOLUTION NO.419 -99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Klingenberg Terrace Retaining Wall Reconstruction Project pursuant to Resolution No. 388-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of July, 1999. Whereas, said sealed proposals were opened and read on the 22th day of July, 1999, and it has been determined that the bid of Portzen Construction Inc. of Dubuque, Iowa, in the amount of $279,989.80 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 2r~c~ day of August ., 1999. / Terrance M.~'an, M aYOr Attest: MariA. Davisl-City Clerk CITY OF DUBUQUE - ENGINEERING Dfl/ISION - BID TABULATION SHEET DATE; Jubj 22,1999 SILGO $11,550,00 $I2:40 $33,480.00 $11.00 $14,025.00 $10.00 $1,950.00 $2.fl0 $5,100.00 $35.35 $4,$37.50 150 L.F. $15.00 $'4250.00 70 L.F. $25.00 $1,750.00 $250.C0 $1,75o.00 $460.00 $1,~40.00 $125.00 $125.00 $275.00 $550.00 $115.00 $230.~) $20.00 $I,900,00 5 EACH $4130.00 $2,000.00 $150.00 $60000 $190.00 $950.00 $I2.00 $1,140.00 $0.52 $15,163.20 1075 LF. ~.o0 $2,150.00 $4,00 $3.~0 $4,800.00 $60.00 $4,860.00 $$00.00 $1,600.00 $2.50 $2,6g7.50 $6.20 $3,041.72 $12.90 $56,306.00 NOBID NO BID CITY OF DUBUQUE - ENGINEERING DIVISION - BID TABULATION SHEET DATE: July 22,1999 100 L.F. $18.00 $1.800.fl0 4209 L.F. $84.72 $3,565.86 70 L.F. $35.00 $1.750.00 I EACH $300.00 $3fl0.C0 $9.00 $10.350,00 $1430 $38.610.00 $13.20 $1.45Z00 40 Fikcr Fable $1.98 $5,049.00 $38.00 $12.730.00 $19.00 $18,050.00 $I2.00 $1,320.00 $5.00 $4,250.00 $'9.75 S1,121.25 $8.25 $10,518.75 $9.25 $1,803.75 $13.15 $1,315.00 $10.00 $1,000.00 $30.00 $2,10~.00 $235.00 $235,00 $495.00 $1,940.00 $2ff3.50 $203.50 $91.00 $182.00 $161.00 $322.00 $231.00 $1.617.00 $132.00 $1.980.00 $374.00 $1,496.00 $82.50 $82.50 $138.50 $277.00 $145.00 $580.00 $145.00 $725.00 $20.00 $1,9~0.00 $450.00 $2.250.00 $324.50 $21.32 $3,025.40 $87.12 $435.60 6000 S.F. $0.30 $1,gO0.~O 29160 S.F. ,~0.50 $14,580.00 $0,20 $1,200.00 $0.55 $I6,038.0D i $0-52 $15,16~.20 1075 L.F. $2.00 $2.150.00 490.6 L.F. $30.00 $14.718.00 5140 $.F. $7.00 $35.980.00 $15.00 $77,100.~0 $2090 $107.426.00 45 L.F. $3.1~) $135.00 $3,50 $157.50 $15o $67.50 5140 S,F, $12.~ $31,680.00 500 L.F. $3.C0 $1,5~0.00 27.42% $17.50 CiTY OF DUBUQUE - ENGINEERING DIVISION - BID TABULATION SHEET DATE: Ju~ 22,1999 BID TABUI~,TION FOR: KLEqGEN~ERGTERRAC~RETATNTNGWALL $12.00 $L320.00 $30.00 $3.950.fl0 832.19 LF. $26.00 $21.636.94 $100.00 $350.00 I EACH $150.00 $150.00 $3.752.00 153.504.00 $15.0~ $1.425.00 $791.00 $3.955.00 $3.50 $787.50 $13.00 $66,g20.00 45 L.F. $3.00 $I35.00 $2.00 $90.00 I ~vrcc~T Il T~CO~ I BASE BID (%) OVER / UNDER (-) CITY OF DUBUQUE, IOWA MEMORANDUM July 29, 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Klingenberg Terrace Retaining Wall Reconstruction Project Sealed bids were received on the Klingenberg Terrace Retaining Wall Reconstruction Project. Public Works Director Mike Koch is recommending award to the Iow bidder, Portzen Construction, in the amount of 9279,989.80. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi~el C. Van Milligen ~' ~/' MCVM/j Attachment CC: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mike Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM July 23, 1999 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~¢a ~o~ Klingenberg Terrace Retaining Wall Reconstruction Project INTRODUCTION The enclosed resolution provides for the award of contract for the Klingenberg Terrace Retaining Wall Reconstruction Project. BACKGROUND The proposed scope of work for the Klingenberg Terrace project in 1997 was to replace approximately 370 lineal foot of retaining wall, guardrail and curbing betwecm Rosaline and Kleine Street. The existing retaining wall functions as a grade separator between the travel portion of the roadway and the lower elevation at the right-of-way line. Through the years, the retaining wall has severely deteriorated and thus caused the embankment to erode, which then caused the street curbing and guardrail to settle and collapse. As a result of the collapsed curbing, the street's ability to effectively control and keep stormwater ranoff from entering the adjacent properties is inadequate. The existing cable-stay guardrail is in very poor condition, rested and collapsed at several sections. Upon further review of the project, it was apparent that the existing street width between Rosaline and Kleine Street is extremely narrow for residential parking on the south side and two-way traffic. Additionally, the substandard street width makes access difficult for City service vehicles. The project, therefore, includes the widening of the street from 15 feet to 25 feet, which would improve access for emergency vehicles, refuse collection and maintenance operations in the winter. The additional street width between Rosaline and Kleine Street would also improve the safety to local residents, improve the congested parking problem on the south side and upgrade the level of service for thru traffic in the neighborhood. The retaining wall reconstruction will provide for embankment stabilization and the installation of new street curbing and guardrail, which will in turn improve stormwater drainage and safety in this area. The Klingenberg Terrace Retaining Wall Reconstruction Project includes the reconstruction of the northerly retaining wall between Rosaline and Kleine Street, which will allow the existing street to be widened to 25 feet. The proposed retaining wall will be approximately 500 lineal feet long, average 10 feet in height and constructed of reinforced ~segmental retaining wall blocks. The project includes the installation of approximately 550 lineal feet new concrete curb and gutter for improvement of the drainage problems, and a guardrail on top of the retaining wall. The section of Klingenberg Terrace between Kleine Street and North Main shall also require improvements to both the sanitary sewer and water service. City staff is recommending that two (2) new fire hydrants be installed, the combination high- and low-pressure system should be separated with the installation of a bypass valve and five (5) lead services that will need to be replaced with new copper service lines. The existing sanitary sewer is constructed of 6" clay tile pipe, with brick manholes. It was determined that the existing sanitary sewer line and manholes be replaced. Records also indicate that the sanitary sewer is constructed very close to the existing water main and in one location directly above the water main. It was determined that it would be in the City's best interest to relocate and reconstruct the sanitary sewer away fi.om the water main. The magnitude of the sanitary sewer and water service repairs will also require this section of Ktingcmberg Terrace to be totally resurfaced with asphalt. DISCUSSION Prior to the Klingenberg Terrace Retaining Wall Reconstruction Project going out for bid proposals, it was brought to the attention of staff by local contractors that the project completion date of December 1st, 1999 was aggressive and may discourage contractors from submitting bids on the project. Given the complexity of the project and the current work commitments of local contractors, staff determined that an alternate project completion date of August 1st, 2000 should be included. The alternate completion dates will encourage contractors to bid on the project and will improve the competitive bidding process. Sealed bids were received on the Klingenberg Terrace Retaining Wall Reconsmtcfion Project on July 22ha, 1999. Five (5) contractors submitted bid proposals with the low bid for both the base bid and the alternate bid submitted by Portzen Construction of Dubuque, Iowa. The mount for the base bid with a project completion date of December 1st, 1999 was $289,989.80 and for the alternate bid with a project completion date of August 1st, 2000, the bid amount was $279,989.80, which is a reduction of $10,000. The following is a summary of the bids received: Portzen Construction Horsfield Construction Tschiggfrie Excavating W.C. Stewart Construction Renaissance Construction Base Bid Completion December 1.1999 $289,989.80 No Bid $338,631.54 $319,991.78 $342,188.75 Alternate Bid c m letionAu sti 2000 $279,989.80 $281,355.74 $315,731.54 $319,991.78 $336,188.75 Upon reviewing the bid proposal, staff had discussions with Portzen Construction regarding their current contract commitments for both City and other construction projects. The contractor would not be available to start the underground work until September and given the complexity of the retaining wall construction and the extensive underground utility work required, staff feels it would be difficult for the contractor to complete the pavement replacement and guardrail installation this construction season. Giving consideration to possibility not having the project completed by December 1st and given the potential limited access to the area during the winter months and the safety of local residents should the pavement and guardrail not be completed before winter, staff feels it would be in the best interest of the City to select the alternate project completion date of August 1st, 2000. RECOMMENDATION I would recommend that the contract be awarded to Portzen Construction in the amount of $279,989.80, which is 5.4% over the engineer's estimate with a project completion date of August 1st, 2000. BUDGET IMPAC~T The project funding summary for the Klingenberg Terrace Retaining Wall Reconstruction Project is as follows: Estimate Bid Construction Contract Contingency Engineering $265,757.00 $279,989.80 26,576.00 26,576.00 43.850.00 43.850.00 Total Project Cost $336,183.00 $350,415.80 The project is nonassessable and will be funded with an allocation from the Fiscal Year 2000 Street Program, the General Retairting Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund. The project funding for the Klingenberg Terrace Retaining Wall Reconstruction Project is as follows: Estimate Bid FY2000 Street Program General Retaining Wall Repair Fund General Sanitary Sewer Repair Fund General Guardrall Replacement Fund $161,628.00 $169,939.21 106,754.00 106,754.00 51,217.00 57,643.98 16.584.00 16.078.61 Total Project Funding $ 336,183.00 $ 350,415.80 ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution awarding the construction contract to Portzen Construction. Prepared by Robert D. Schiesl, Civil Engineer CC: Robert D. Schiesl, Civil Engineer Gus Psihoyos, Assistant City Engineer Pauline Joyce, Administrative Services Manager RESOLUTION NO. 4~-8-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 30th day of June, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Klingenberg Terrace Retaining Wall 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 August ., 1999. Attest: ary A//~'avis~ Ci[y Clerk RESOLUTION NO. 38%99 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 Klingenberg Terrace Retaining Wall Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 2nd day of August, 1999, a public hearing will be held at 7:00 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 headng 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. Attest: Passed, adopted and approved this 6th day of Ju:[¥ ,1999. .,/ Terrance~l~ggan, Mayor 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 Klingenberg Terrace Retaining Wall Reconstruction Project. 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 Klingenberg Terrace Retaining Wall Reconstruction Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 7:00 p.m. on the 2nd day of August, 1999, in the Public Library Auditorium 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 headng 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 (319) 589-4120 or TDD at (319) 589-4193 in the Human Rights Department at least 48 hours pdor to the meeting. by order of the City Council given on the ~.z~ f,~._~. Published day of , 1999. Mary A. Davis, City Clerk JUL-02-99 FRI 10:48 AIN TELEGRAPH HERALD FA× NO, 3195885782 P, 01 NOTICE OF H EARIN~i ON PLANS AND SPECIFICATIONS Notice of public he=rin~ on t~'oposed pi~ns and ~ and estimate of co~ for · e Kiingenbe~ Ter~oe Rc- ~inino W~II Reeon~lr;~ot[on P~j~t, NOTIOB 18 HEREBY GleN: The Oi~ Oou~il of Dubuque, Io~a w~l hold a public hearin~ on the propos=~plans, s~c]- ~cafio~s, [~ of con[~ and ~fi~te of co~ for ~s Klin- ~nberg T~ce all Reco~s~fio~ PmJe~, accordance wi~ ~e provi- ~ons of C~r 384, ce~ of iowa at 7;00 P.M. on the 2nd ~y of A~, 1999 · e Public L bm~ Au~to~um ~13 Dubu~e, Iowa. Said pro- posed p~ans~ f~ o ~n~act and es i~ate o[ ~st are now on file {n the Office o[ ~e Ci~ Clerk. At sa d hearing any interested pe~n may appear ~d fi~e obje~=ns · e~to or to ~ ~st of improvement. ~Y v~uaL.~ h~r~g- impaired [~ n~ng ~e~f~ ~s~nce or pe~ons wiih~ special ~cessibil~ ne~. should ~n act ~e O~er~'s ~ce at (319) 589- 41~0 or ~D (819) 5~9~193 in · e Human Righ~ Depar~ent at le~s~ 48 hours prior to meei~n~ Publ~hed by order o the Ci~ Cocci[ given o~ tile 0th day of Ju~, 1999. M~ A, Da~s, Ci~ Cle~ It 7/16 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 Klingenberg Terrace Retaining Wall Reconstruction Project. 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 Klingenberg Terrace Retaining Wall Reconstruction Project, in accordance with the proviz'., ;~s of Chapter 384, City Code of Iowa, at 7:00 p.m. on the 2nd day of August, 1999, in the Public Library Auditorium 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 (319) 589-4120 or TDD at (319) 589-4t 93 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council oiven on the day of 1999. ' Mary A. Davis, City Clerk RESOLUTION NO.388 -99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Klingenberg Terrace Retaining Wall 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 pdor to the receipt of said bids at 2:00 p.m. on the 22nd day of July, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 2nd day of August, 1999. Passed, adopted and approved this 6th Attest: r01~ryyDavis, City Clerk day of Jut¥ ., 1999. / -~rerrance M. D~/Mayor NOTICE TO BIDDERS OF THE RECEIPT OF BIDS FOR THE RECONSTRUCTION OF THE KLINGENBERG TERRACE RETAINING WALL 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 22nd day of July, 1999, for the reconstruction of Klingenberg Terrace Retaining Wall. Copies of the plans and specifications may be obtained in the City Engineer's Office at City Hall. 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 December 1, 1999. 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 fumish a performance bond in an amount equal to one hundred pement (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 matedal and the maintenance of the improvement(s) constructed for a minimum pedod 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 fumished 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 previsions 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 technicalities and irregularities. All bids will be publicly opened and read by the City Clerk at 2:00 o'clock p.m. on the 22nd day of July, 1999, and will be submitted to the Council for final action at a meeting to be held in the Public Library Auditorium at said City at 7:00 p.m on the 2nd day of August, 1999. A contract will be awarded at that time or such subsequent time as the City Council may determine. Published by,erde of the City Council of the City of Dubuque, Iowa and dated this ))~rae~;, day of ~ ,1999. Mary A. Davis, City Clerk CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES Work herein provided for shall be commenced within ten (10) days after notice to proceed has been issued and shall be fully completed by December 1, 1999. For each calendar day that any work shall remain uncompleted beyond the completion schedule, $100.00 per calendar day will be assessed, not as a penalty but as predetermined and agreed liquidated damages. The Contractorwill 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 pedod 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. RESOLUTION NO. 386-99 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 Klingenberg Terrace Retaining Wall Reconstruction Project, in the estimated amount of $336,183.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of July .. 1999. / T~rrance M,~gan, Mayor Attest: Mary ,~. Davis, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM July 1, 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Klingenberg Terrace Retaining Wall Public Works Director Mike Koch is recommending that a public hearing be set for August 2, 1999, to consider the Klingenberg Terrace Retaining Wall ReConstruction Project. I concur with the recommendation and respectfully request Mayor and City Council approva,. ~ M~i~ll?g en~~ ~cha MCVM/j Attachment CC: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mike Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM June 30, 1999 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~~ Klingenberg Terrace Retaining Wall Reconstruction Project INTRODUCTION The enclosed resolutions authorize the public bidding procedure for the Klingenberg Terrace Retaining Wall Reconstruction Project. The proposed scope of work for the Klingenberg Terrace project in 1997 was to replace approximately 370 lineal foot of retaining wall, guardrail and curbing between Rosaline and Kleine Street. The existing retaining wall functions as a grade separator between the travel portion of the roadway and the lower elevation at the right-of-way line. Through the years, the retaining wall has severely deteriorated and thus caused the embankment to erode, which then caused the street curbing and guardrail to settle and collapse. As a result of the collapsed curbing, the street's ability to effectively control and keep stormwater runoff from entering the adjacent properties are inadequate. The existing cable-stay guardrail is in very poor condition, rusted and collapsed at several sections. In researching property ownership on Klingenberg Terrace between Rosaline and Kleine Street, it was determined that the City northerly right-of-way line varied at several locations, which resulted in sections of the existing street, retaining wall and guardrail in being located on private property. It was determined should the City perform any construction improvements in the area, a comprehensive property boundary survey and acquisition of additional right-of-way was required. Upon further review of the project, it was apparent that the existing street width between Rosaline and Kleine Street is extremely narrow for residential parking on the south side and two-way traffic. Additionally, the substandard street width makes access difficult for City service vehicles. The project, therefore, includes the widening of the street from 15 feet to 25 feet, which would improve access for emergency vehicles, refuse collection and maintenance operations in the winter. The additional street width between Rosaline and Kleine Street would also improve the safety to local residents, improve the congested parking problem on the south side and upgrade the level of service for thru traffic in the neighborhood. The retaining wall reconstruction will provide for embankment stabilization and the installation of new street curbing and guardrail, which will in turn improve stormwater drainage and safety in this area. To acquire the additional right-of-way necessary to reconstruct the retaining wall and widen the street, the City purchased property from adjacent landowners. In total, the City negotiated the acquisition of additional right-of-way from nine (9) property owners, which totaled approximately 3,820 square feet. Although the existing water main appears to be in good condition and will not require reconstruction, City staff is recommending that certain water service improvements be performed during the time of construction. The existing water main is supplied by a combination high- and Iow-pressure system and should be separated with the installation of a bypass valve. It was also determined there are five (5) lead services that will need to be replaced with new copper service lines. In addition, two (2) new fire hydrants will need to be installed. The existing sanitary sewer is constructed of 6" clay tile pipe, with brick manholes. Upon televising and inspecting the sanitary sewer, it was observed that the sewer was in very poor condition. It was determined that the existing sewer line and manholes should be replaced. Records also indicate that the sanitary sewer is constructed very close to the existing water main and in one location directly above the water main. It was determined that it would be in the City's best interest to relocate and reconstruct the sanitary sewer away from the water main. The street would then be totally resurfaced with asphalt. The section of Klingenberg Terrace between Kleine Street and North Main shall also require improvements to both the sanitary sewer and water service. The magnitude of these repairs will also require this section of Klingenberg Terrace to be totally resurfaced with asphalt. The Klingenberg Terrace Retaining Wall Reconstruction Project includes the reconstruction of the northerly retaining wall between Rosaline and Kleine Street, which will allow the existing street to be widened to 25 feet. The proposed retaining wall will be approximately 500 lineal feet long, average 10 feet in height and constructed of reinforced segmental retaining wall blocks. The project includes the installation of approximately 550 lineal feet new concrete curb and gutter for improvement of the drainage problems, and a guardrail on top of the retaining wall. The schedule for the project will be as follows: Advertisement for Bids Notice of Public Hearing on Plans and Specifications Receipt of Bids Public Hearing Award of Contract Completion Date July 9, 1999 July 16, 1999 July 22, 1999 August 2, 1999 August 2, 1999 December 1, 1999 RE I would recommend that the City Council establish the date for the public hearing, and authorize the City Clerk to advertise for proposals. BUDGET IMPACT The project estimate for the Klingenberg Terrace Retaining Wail Reconstruction Project is $336,183.00. The project is nonassessable and will be funded with an allocation from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund. The estimate for the Klingenberg Terrace Retaining Wall Reconstruction Project is as follows: Segmental Retaining Wall Construction Sanitary Sewer Reconstruction Water Service Improvements Guardrail Replacement ACC Pavement Replacement 28,784.00 40,488.00 6,025.00 13,110.00 67.350.00 Total Construction Contract $265,757.00 Contingency Engineering 26,576.00 43.850.O0 Total Project Cost $336,183.00 The project funding for the Klingenberg Terrace Retaining Wall Reconstruction Project is as follows: FY2000 Street Program General Retaining Wall Repair Fund General Sanitary Sewer Repair Fund General Guardrail Replacement Fund 62,382.00 O6,OO0.0O 51,217.00 16,584.00 Total $ 336,183.00 ACTION TO BE TAKEN The City Council is requested to establish the date for the public hearing and to authorize the City Clerk to advertise for proposals through adoption of the enclosed resolutions. MAK/vjd Prepared by Robert D. Schiesl, Civil Engineer cc: Robert D. 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