Olympic Hgts US 52 Jack DrainagCITY OF DUBUQUE, IOWA
MEMORANDUM
March 13, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Olympic Heights - US 52 - Jackson Street Drainage Improvements - Phase II
(Flexsteel Pump Station Augmentation)
Public Works Director Mike Koch is recommending acceptance of the Olympic Heights -
US 52 - Jackson Street Drainage Improvements - Phase II (Flexsteel Pump Station
Augmentation) as completed by CDI Excavating, Inc. in the amount of $63,307.91
I concur with the recommendation and respectfully request Mayor and City Council approval.
Midhael C. Van Miltigen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
March 13, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Olympic Heights-US52-Jackson Street Drainage Improvements -
Phase II (Flexsteel Pump Station Augmentation)
INTRODUCTION
The enclosed resolutions provide for the acceptance of the construction contract for
the Olympic Heights - US52-Jackson Street Drainage Improvements - Phase II
(Flexsteel Pump Station Augmentation),
DISCUSSION
Work has been completed on the project by CDI Excavating, Inc, in the final contract
amount of 963,307.91.
RECOMMENDATION
I would recommend that the City Council accept the improvements and that the final
contract be established at 963,307.91.
BUDGET IMPACT
A summary of the project is as follows:
Construction Contract
Contingency
Engineering Estimate
Total Project Cost
Bid Final
$43,514.00 $63,307.91
4,181.00 .00
6,898.00 6,898.00
954,593.00 970,205.91
The project will be funded from a Fiscal Year 1999 General Fund appropriation in the
amount of 9338,000. A portion of this balance was used for Phase I of the project.
The remaining balance will be utilized by Phase III of the project.
The final project cost exceeds the original contract cost because additional grading
was needed to complete the project. This additional grading was to be done as part of
Phase Ill of the Olympic Heights - US52 - Jackson Street Drainage Improvements.
Phase III includes the construction of a storm sewer from US 52 to the Flexsteel Pump
Station to improve the drainage of US52 north of Olympic Heights and the Olympic
Heights area. Phase III should begin this summer.
ACTION TO BE TAKEN
The City Council is requested to adopt the final resolutions accepting the improvement
and establishing the final contract amount.
MAK/vjd
Prepared by Deron Muehring, Civil Engineer
cc: Gus Psihoyos, Assistant City Engineer
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 96-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Olympic Heights-US52-Jackson Street Drainage
Improvements - Phase II (Flexsteel Pump Station Augmentation) 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 contract, 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 1999 General Fund in amount
equal to the amount of this contract, less any retained percentage provided for therein.
Passed, approved and adopted this 19th day of March, 2001.
Attest:
Terrance M. Duggan, Mayor0
Jeanne F. Schneider, City Clerk
Prepared by: Michael A. Koch, PublicWorks Director Address: 50 W. 13m Street, Dubuque, IA 52001-4864
RESOLUTION NO. 97-01
FINAL ESTIMATE
Whereas, the contract for the Olympic Heights-US52-Jackson Street Drainage
Improvements - Phase II (Flexsteel Pump Station Augmentation) 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
$70,205.91 and the said amount shall be paid from the Fiscal Year 1999 General Fund
of the City of Dubuque, Iowa.
Attest:
Passed, approved and adopted this
19th day of
March , 2001/
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
City of Dubuque
ENGINEERING DIVISION
DATE: March 12, 2001
FINAL ESTIMATE FOR: Olympic Heights-US52-Jackson Street Drainage Imrpovements
Phase II (Flexsteel Pump Station Augmentation)
ITEM QTY. UNIT UNIT COST
TOTAL COST
Mobilization, including Cofferdam 1.00
Fence Removal 122.00
Removal of Existing Slide Gate 1.00
Excavation, Unclassified 130.00
Trash Rack, Complete 1.00
Cover Plate, Complete 1.00
Concrete Cap 6.00
Concrete Walls 33.00
Manhole Frame & Cover, Complete 1.00
Chainlink Fence 54.33
Seeding & Fertilizing
Electrical, includes-the Following: 1.00
200 A 3 P HD Switch
Combination Starter #3 100A
Control Equipment
Modify Existing Wiring
Trench - conduit - wiring
Install switch - Star~er - Controls
All other Miscellaneous Required Materials
Extra Work Performed
Rip-rap, 1-man
Excavation, Unclassified
Excavation, Unclassified
75.65
1.00
1.00
TOTAL DUE CONTRACTOR
ENGINEERING
TOTAL CONSTRUCTION COST
t hereby certify that the}~bove statement shows in detait the
correct amount o~all w~rk ~gquired t,,o complete the above improvement.
~wicnael Van ~willigen, City Manager
City of Dubuque,Iowa
The undersigned, , contractor for the above
improvement, does hereby accept the above "Total Due Contractor", as
full settlement for all claims for said improvement.
$13,000.00 $13,000.00
$22.00 $2,684.00
$600.00 $600.00
$24.00 $3,120.00
$600.00 $600.00
$500.00 $500.00
$440.00 $2,640.00
$300.00 $9,900.00
$400.00 $400.00
$22.00 $1,195.26
$2,000.00
$10,400.00 $10,400.00
$21.00 $1,588.65
$13,800.00 $13,800.00
$2,880.00 $2,880.00
$63,307.91
$63,307.91
Michaet A. Koch
Public Works Director
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
/? AR.TICLES~ OF AGREEMENT, made in triplicate, this ~/~" day of
, ~ , between the City of Dubuque, a Municipal Corporation
~"Dubuque County, Iowa, by its Manager, through authority conferred upon him by its
Council, hereinafter called "City" and CDI Excavating Incorporated 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
Olympic Heights - U.S. 52-Jackson Street Drainage Improvements Project - Phase II
(Flexsteel Pump Station Augmentation).
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.
Ill. 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 percent (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 September 30, 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 adsing 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.
CONTRACT AMOUNT $43,514.00
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) years 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.
CITY OF I:~LI~'QUE, IOV~
/City ~anage~
Contractor
CERTIFICATE OF CITY CLERK
This is to certify that a cer[ifi~d copy of the ,abStract has been filed in my office on
the ~-/,0 day of J/~,'./_..¢.¢..¢_.~ _ .
,//...Gd'ty Clerk
CITY OF DUBUQUE, IOWA
CONTRACTOR'SIMPROVEMENTBOND
KNOWN ALL MEN BY THESE PRESENTS: That CDI Excavating Incorporated as
Principal and Merchants Bonding Company (Mutual) Des Moines,IAas Surety are held
firmly bound unto the City of Dubuque, Iowa, in the penal sum of $43,514.00 the same
being 100% of the total pdce 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.
day of June , 2000
WHEREAS, the said Contractor by a wdtten contract has agreed with said City of
Dubuque to perform all labor and furnish all materials required to be performed and
furnished for the Olympic Heights - U.S. 52-Jackson Street Drainage Improvements Project
- Phase II (Flexsteel Pump Station Augmentation) 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 pedod 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 pedod 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 20th day of
June 2000
Principal
Presid~er~t ,--
Merchants Bonding Company (Mutual)
S ~
,/~ttorney in Fact
Attorney in Fact
Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know A~I Pemons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the
laws of the State of iowa, and having its principal office in the City of Des Malnes, County of PoJk, State of Iowa, hath made, constituted
and appointed, and does by these presents make, constitute and appoint
J.Allen Wallis III, Fred J. K, mnert, Jerry L. Price, William H. Smith
TWO MILT.ION FIVE HUNDRED T~0USAND ($2,500,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MLFflJAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Affomey-in-Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE I~, SECTION 8.- The Chairman of the Board or President or any Vice President or Secretary shall have power and author-
ity to appoint Attorneys-in-Fast, and to authorize them to execute on behalf of the Company, and attach the SeaJ of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE if, SECTION 9. -The signature of any authedzed officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execuhon and dellvery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such si[~atore and seal when so used shall have the same fome and effect as though
manually fixed.
In Witness V~lereof, MERCHANTS BONDIN~G~,C._O~MPANY (MUTUAL) has caused th.ese presents to be signed President and its
corporate seal to be hereto affixed, this z.~l-~.~, day of September , ~s~.
STATE Of IOWA
COUNTY OF POLK ss
MERCHANTS BONDING COMPANY (MUTUAL)
By
On this 24th day of September , 1999 , before me appeared Larry TayLor, to me
personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the
corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behatt of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
: "~ ' Notary Pubfic, Polk Count. Iowa
· ~C: iOWA
t. :
'.. %-. ...... ...- ¢ ...'
STATE OF iOWA ;. 2'4'~1 AY ~ ."
COUNTY OF POLK
I. William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-A~rORNEY. executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on
this 20thdeY of June