Lower Bee Branch Creek Resotration Project 5 3 10Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lower Bee Branch Creek Restoration Project
(C I P #7201654 & 7201375)
DATE: April 27, 2010
Dubuque
* * * **
All-America City
2007
City Engineer Gus Psihoyos recommends City Council approval of the plans,
specifications, form of contract and the estimated cost of $10,679,520 for the Lower Bee
Branch Creek Restoration Project.
The Bee Branch Creek Restoration Project is to be constructed in at least two phases.
The first phase is the Lower Bee Branch Creek Restoration project which will extend
from the 16th Street Detention Basin to the west across Sycamore Street, Cedar Street
and Maple Street before extending north along the western portion of the former
Dubuque Packing Co. site to the railroad tracks just south of Garfield.
The design of the Lower Bee Branch Creek Restoration Project is based on the input
gathered at the citizen workshops. Because this phase of the Bee Branch project is
located in an area transitioning from industrial (former packing plant) to a commercial
land -use, the design outlines a permanent, wide expanse of water which will enhance a
commercial setting. The project includes a hiking /biking path along the proposed
waterway. It includes a gazebo and overlook area that will actually extend out over the
water. The design of the bridges illustrated in Figure 2 reflects citizen's preferences
voiced at the public workshops: the cut limestone facade and spindle railing look. The
landscape design proposed for the Lower Bee Branch Creek Restoration project
includes almost 500 trees.
Attachment A shows a rendering of the proposed waterway as if standing at the railroad
tracks just south of Garfield and looking south towards 16th Street. Attachment B shows
a rendering as if standing on 16th near Maple and looking east towards the proposed
Sycamore Street Bridge.
Construction of the 2,100 -foot long open waterway will involve the excavation and
handling of approximately 265,000 cubic yards of soil. In addition to the open waterway,
the Lower Bee Branch Creek Restoration Project includes the construction of two
previously- mentioned bridges: a 100 -foot long bridge at Sycamore Street and a 110 -foot
long bridge at 16th Street. It includes the reconstruction of just less than 1,900 feet of
the 36 -inch diameter Couler Valley sanitary sewer interceptor sewer from the Cedar
Street sanitary sewer lift station north to the railroad tracks. This sanitary sewer line will
be extended north all the way to 24th Street with the construction of the next phase(s) of
the Bee Branch project. Watermain along 16th Street will be upsized from an 8 -inch
diameter main to a 12 -inch diameter main. The project includes the construction of
2,180 feet of storm sewer ranging in diameter from fifteen (15) inches to eighty -four (84)
inches. And finally, the project includes the dredging of the 16th Street Detention Basin.
While preparing construction bid documents, the design team considered a potential
challenge: How far will a contractor have to haul the roughly 265,000 cubic yards (about
26,500 truckloads) of excess soil removed from the project site? The question is
important because it has a direct impact on the project cost. The design team came up
with a solution. The U.S. Army Corp of Engineers agreed that the excess material can
be placed in the north portion of the 16th Street Detention Basin. This is possible
because even though the footprint of the existing detention basin will be smaller, the
storage volume will be maintained through the creation of the open waterway. The
placement of the excess soil in the basin decreases the project cost. And, as a
consequence, it will result in the creation of a roughly six -(6) acre parcel at 16th and
Kerper Boulevard.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer -
DATE: April 26, 2010
SUBJECT: Lower Bee Branch Creek Restoration Project
(CIP# 7201654 & 7201375)
Dubuque
All-America cttr
11
2007
INTRODUCTION
The purpose of this memo is to seek approval of the plans, specifications, form of
contract and the estimated cost for the Lower Bee Branch Creek Restoration Project to
be considered at the public hearing.
BACKGROUND
On April 19, 2010, the City Council authorized initiation of the public bidding process
and established the date for a public hearing to consider the plans, specifications, form
of contract, and estimated cost for the Lower Bee Branch Creek Restoration Project.
DISCUSSION
The Bee Branch Creek Restoration Project is to be constructed in at least two phases.
The first phase is the Lower Bee Branch Creek Restoration project which will extend
from the 16 Street Detention Basin to the west across Sycamore Street, Cedar Street
and Maple Street before extending north along the western portion of the former
Dubuque Packing Co. site to the railroad tracks just south of Garfield. See Figure 1.
The design of the Lower Bee Branch Creek Restoration Project is based on the input
gathered at the citizen workshops. Because this phase of the Bee Branch project is
located in an area transitioning from industrial (former packing plant) to a commercial
land -use, the design outlines a permanent, wide expanse of water which will enhance a
commercial setting. The project includes a hiking /biking path along the proposed
waterway. It includes a gazebo and overlook area that will actually extend out over the
water. The design of the bridges illustrated in Figure 2 reflects citizen's preferences
voiced at the public workshops: the cut limestone facade and spindle railing look. The
landscape design proposed for the Lower Bee Branch Creek Restoration project
includes almost 500 trees.
Attachment A shows a rendering of the proposed waterway as if standing at the railroad
tracks just south of Garfield and looking south towards l6 Street. Attachment B shows
a rendering as if standing on 16 near Maple and looking east towards the proposed
Sycamore Street Bridge.
.11461 '-!
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e
Former Dubuque
- Packing Co. Site
Figure 1. Limits of Proposed Bee Branch Creek Restoration Project
Figure 2. Rendering of the proposed bridges for the Bee Branch Creek Restoration Project (see also Attachment D)
Construction of the 2,100 -foot long open waterway will involve the excavation and
handling of approximately 265,000 cubic yards of soil. In addition to the open waterway,
the Lower Bee Branch Creek Restoration Project includes the construction of two
previously- mentioned bridges: a 100 -foot long bridge at Sycamore Street and a 110 -foot
long bridge at 16 Street. It includes the reconstruction of just less than 1,900 feet of the
36 -inch diameter Couler Valley sanitary sewer interceptor sewer from the Cedar Street
sanitary sewer lift station north to the railroad tracks. This sanitary sewer line will be
extended north all the way to 24 Street with the construction of the next phase(s) of the
Bee Branch project. Watermain along 16 Street will be upsized from an 8 -inch
diameter main to a 12 -inch diameter main. The project includes the construction of
2,180 feet of storm sewer ranging in diameter from fifteen (15) inches to eighty -four (84)
inches. And finally, the project includes the dredging of the 16 Street Detention Basin.
While preparing construction bid documents, the design team considered a potential
challenge: How far will a contractor have to haul the roughly 265,000 cubic yards (about
26,500 truckloads) of excess soil removed from the project site? The question is
important because it has a direct impact on the project cost. The design team came up
with a solution. The U.S. Army Corp of Engineers agreed that the excess material can
be placed in the north portion of the l6t Street Detention Basin. This is possible
because even though the footprint of the existing detention basin will be smaller, the
storage volume will be maintained through the creation of the open waterway. The
placement of the excess soil in the basin decreases the project cost. And, as a
consequence, it will result in the creation of a roughly six -(6) acre parcel at 16 and
Kerper Boulevard as shown in Attachment C.
RECOMMENDATION
I recommend approval of the plans, specifications, form of contract and the estimated
cost for the Lower Bee Branch Creek Restoration Project.
BUDGET IMPACT
The estimate of probable costs for the Lower Bee Branch Creek Restoration Project is
as follows:
Construction $ 8,442,310.00
Contingency 844,230.00
Engineering 1,392,980.00
Total Project Cost $10,679,520.00
The funding summary is as follows:
CIP No. Fund Description
7201654 Bee Branch Creek Restoration Project
7201375 Detention Basin Silt Removal
Total Project Funding
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving the plans,
specifications, form of contract and the estimated cost for the Lower Bee Branch Creek
Restoration Project.
Attach.
Prepared by Deron Muehring, Civil Engineer II
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Ken TeKippe, Finance Director
Deron Muehring, Civil Engineer II
Fund Amount
$10,479,520.00
200,000.00
$10,679,520.00
RESOLUTION NO. 150 -10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE LOWER BEE BRANCH CREEK RESTORATION
PROJECT
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 Lower Bee Branch Creek Restoration Project, in the estimated amount
$10,679,520.00, are hereby approved.
Passed, adopted and approved this 3rd day of
Attest:
anne F. Schneider, CMC, City Clerk
May
, 2010.
Roy D. Buol, Mayor
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Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lower Bee Branch Creek Restoration Project
(CIP# 7201654 & 7201375)
DATE: April 12, 2010
Dubuque
bitri
Al-AmedcaCfy
e
2007
City Engineer Gus Psihoyos recommends initiation of the bidding process for the Lower
Bee Branch Creek Restoration Project, and further recommends that a public hearing
be set for May 3, 2010.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
ichael C. Vah1 1tttigen
7e s '
s /t
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: April 12, 2010
INTRODUCTION
SUBJECT: Lower Bee Branch Creek Restoration Project
(CIP# 7201654 & 7201375)
Dubuque
blatk011
America y
2007
The enclosed resolutions authorize the public bidding procedure and establish the date
of a public hearing for the Lower Bee Branch Creek Restoration Project.
BACKGROUND
In 2001 the Drainage Basin Master Plan identified three projects to provide flood
protection for 1,150 properties within the Bee Branch Watershed: the Carter Road
Detention Basin, the West 32nd Street Detention Basin, and the Bee Branch Creek
Restoration Project.
In May of 2003, the City of Dubuque City Council approved the selection of CDM, a
consulting engineering firm, to provide engineering and design services for the Bee
Branch Creek Alignment Study. The study objectives were to:
1) Establish the optimum alignment for the proposed open waterway along its
approximately 4,500 -foot length (from 16th Street detention basin to 24th and Elm
Streets) based on existing environmental, utility, social, and economic constraints;
2) Provide a preliminary design to a level that it establishes what the waterway will look
like at different locations along its entire length and how the waterway will function
before, during, and after rainstorms of different magnitudes; and
3) Work with impacted residents in the form of a citizen advisory committee, the Bee
Branch Citizen Advisory Committee (BBCAC), to ensure that the recommended
alignment location and waterway design are based on input from the neighborhoods
impacted by the proposed open waterway.
The citizen committee's preferred alignment was presented to the City Council in a letter
from BBCAC Chairperson Charles Winterwood. The BBCAC's preferred alignment was
chosen because it best met the top three criteria established by the BBCAC: it
preserved commercial and non - commercial services; it minimized residential property
acquisitions; and it minimize the project cost. The preferred alignment impacted sixty -
five (65) residential homes and fifteen (15) non - residential buildings.
In December of 2004, the City Council adopted the alignment preferred by the BBCAC.
This is the current alignment proposed for the project.
In August of 2008, the City Council authorized the hiring of Strand & Associates
(Madison, WI), in association with IIW Engineers (Dubuque, IA) and Ken Saiki Design
(Madison, WI), to prepare the final design of the Bee Branch Creek Restoration Project.
As outlined in the scope of services, the consultant team utilized the engineering study
previously performed and reported in the Bee Branch Creek Alignment Study to design
the improvements of Bee Branch Creek Restoration Project. Input was to gather and
utilize input from citizens as they crafted the design of the final landscaping plan for the
project.
The City hosted a series of workshops to help gather citizen input. A press release was
issued before each workshop and over 2,000 post cards were sent to targeted
neighborhoods. At the first workshop held in October of 2008, citizens were asked to
identify their hopes and fears for the project. In addition, they were asked to provide
input on the various potential landscape features, bridges, and secondary uses (paths,
park benches, playground equipment, etc.). At the second workshop in November of
2008 and again in January of 2009, the design team presented conceptual drawings
that began to address the citizen's hopes and fears as well as their landscape
preferences. And finally, at the third workshop in February of 2009, the design concept
based on citizen direction was presented to the public for comment.
DISCUSSION
The Bee Branch Creek Restoration Project is to be constructed in at least two phases.
The first phase is the Lower Bee Branch Creek Restoration project which will extend
from the 16 Street Detention Basin to the west across Sycamore Street, Cedar Street
and Maple Street before extending north along the western portion of the former
Dubuque Packing Co. site to the railroad tracks just south of Garfield. See Figure 1.
The design of the Lower Bee Branch Creek Restoration Project is based on the input
gathered at the citizen workshops. Because this phase of the Bee Branch project is
located in an area transitioning from industrial (former packing plant) to a commercial
land -use, the design outlines a permanent, wide expanse of water which will enhance a
commercial setting. The project includes a hiking /biking path along the proposed
waterway. It includes a gazebo and overlook area that will actually extend out over the
water. The design of the bridges illustrated in Figure 2 reflects citizen's preferences
voiced at the public workshops: the cut limestone facade and spindle railing look. The
landscape design proposed for the Lower Bee Branch Creek Restoration project
includes almost 500 trees.
Attachment A shows a rendering of the proposed waterway as if standing at the railroad
tracks just south of Garfield and looking south towards 16 Street. Attachment B shows
a rendering as if standing on 16 near Maple and looking east towards the proposed
Sycamore Street Bridge.
i s Stree
Detention Basin
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Figure 1. Limits of Proposed Bee Branch Creek Restoration Project
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Figure 2. Rendering of the proposed bridges for the Bee Branch Creek Restoration
Project (see also Attachment D)
Construction of the 2,100 -foot long open waterway will involve the excavation and
handling of approximately 265,000 cubic yards of soil. In addition to the open waterway,
the Lower Bee Branch Creek Restoration Project includes the construction of two
previously- mentioned bridges: a 100 -foot long bridge at Sycamore Street and a 110 -foot
long bridge at 16 Street. It includes the reconstruction of just Tess than 1,900 feet of the
36 -inch diameter Couler Valley sanitary sewer interceptor sewer from the Cedar Street
sanitary sewer lift station north to the railroad tracks. This sanitary sewer line will be
extended north all the way to 24 Street with the construction of the next phase(s) of the
Bee Branch project. Watermain along 16 Street will be upsized from an 8 -inch
diameter main to a 12 -inch diameter main. The project includes the construction of
2,180 feet of storm sewer ranging in diameter from fifteen (15) inches to eighty -four (84)
inches. And finally, the project includes the dredging of the 16 h Street Detention Basin.
While preparing construction bid documents, the design team considered a potential
challenge: How far will a contractor have to haul the roughly 265,000 cubic yards (about
26,500 truckloads) of excess soil removed from the project site? The question is
important because it has a direct impact on the project cost. The design team came up
with a solution. The U.S. Army Corp of Engineers agreed that the excess material can
be placed in the north portion of the 16 Street Detention Basin. This is possible
because even though the footprint of the existing detention basin will be smaller, the
storage volume will be maintained through the creation of the open waterway. The
placement of the excess soil in the basin decreases the project cost. And, as a
consequence, it will result in the creation of a roughly six -(6) acre parcel at 16 and
Kerper Boulevard as shown in Attachment C.
PROJECT SCHEDULE
The schedule for the Lower Bee Branch Creek Restoration Project is as follows:
Initiate Public Bidding Processing
Advertisement for Bids
Publish Notice of Hearing on Plans & Specifications
Public Hearing
Receipt of Bids
Award of Contract*
Notice to Proceed
Construction Substantially Complete
Construction Complete
`Although a recommendation to award the construction contract will likely take place
in June, the award date may depend on the issuance of federal and state permits
required for the project.
RECOMMENDATION
April 19, 2010
April 23, 2010
April 23, 2010
May 3, 2010
May 18, 2010
June or July, 2010
July 19, 2010
December 31, 2010
June 17, 2011
I recommend that the City Council establish the date for the public hearing and
authorize the City Clerk to advertise for proposals for the Lower Bee Branch Creek
Restoration Project.
BUDGET IMPACT
The estimate of probable costs for the Lower Bee Branch Creek Restoration Project is
as follows:
Construction
Contingency
Engineering
Total Project Cost
$ 8,442,310.00
844,230.00
1,392,980.00
$10,679,520.00
The funding summary is as follows:
CIP No. Fund Description
7201654 Bee Branch Creek Restoration Project
7201375 Detention Basin Silt Removal
Total Project Funding
ACTION TO BE TAKEN
Fund Amount
$10,479,520.00
200,000.00
$10.679,520.00
I respectfully request that the City Council adopt the attached resolutions that establish
the date of the public hearing and authorize the City Clerk to advertise for proposals for
the Lower Bee Branch Creek Restoration Project.
Prepared by Deron Muehring, Civil Engineer II
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Ken TeKippe, Finance Director
Deron Muehring, Civil Engineer II
ATTACHMENT A
Viewpoint from railroad tracks south of
Garfield looking south towards 16th Street
ATTACHMENT B
Viewpoint from 16th Street looking
east towards Sycamore Street
- SAIJAKIT6S — .. I im - 010 *10111 *13*1 L*U01tW.
ATTACHMENT D
Prole View of Proposed 16th
Street Bridge
Profile View of Proposed 16th
Street
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RESOLUTION NO.
LOWER BEE BRANCH CREEK RESTORATION PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost
for the Lower Bee Branch Creek Restoration Project, in the estimated amount of
$10,679,520.00, are hereby preliminarily approved and ordered filed in the office
of the City Clerk for public inspection.
A public hearing will be held on the 3rd day of May, 2010, at 6:30 p.m. in
the Historic Federal Building Council Chambers at which time interested persons
may appear and be heard for or against the proposed plans and specifications,
form of contract and estimated cost of said Project, and the City Clerk be and is
hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested
person may appear and file objections to the proposed plans, specifications, form
of contract, or estimated cost of the Project.
The Lower Bee Branch Creek Restoration Project is hereby ordered to be
advertised for bids for construction.
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.
The City Clerk is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to
Bidders to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not Tess than four but not more
than forty -five days before the date for filing bids before 2:00 p.m. on the 18 day
of May, 2010. Bids shall be opened and read by the City Clerk at said time and
will be submitted to the City Council for final action, at 6:30 p.m., in the Historic
Federal Building Council Chambers (second floor), 350 West 6 Street,
Dubuque, Iowa, on a date yet to be determined but no later than August 16,
2010.
Passed, adopted and approved this day of , 2010.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE LOWER BEE BRANCH
CREEK RESTORATION PROJECT
NOTICE IS HEREBY GIVEN: The City Council of the City of Dubuque,
Iowa will hold a public hearing on the proposed plans, specifications, form of
contract and estimated cost for the Lower Bee Branch Creek Restoration Project,
in accordance with the provisions of Chapter 26, Code of Iowa, at 6:30 p.m., on
the 3` day of May, 2010, in the Historic Federal Building Council Chambers
(second floor), 350 West 6 Street, Dubuque, Iowa. Said proposed plans,
specifications, form of contract and estimated cost are now on file in the office of
the City Clerk. At said hearing any interested person may appear and file
objections thereto.
The scope of the Project is as follows:
Construction of the 2,100 -foot long open waterway will involve the
excavation and handling of approximately 265,000 cubic yards of soil. In addition
to the open waterway, the Lower Bee Branch Creek Restoration Project includes
the construction of two previously mentioned bridges: a 100 -foot long bridge at
Sycamore Street and a 110 -foot long bridge at 16th Street. It includes the
reconstruction of just less than 1,900 feet of the 36 -inch diameter Couler Valley
sanitary sewer interceptor sewer from the Cedar Street sanitary sewer lift station
north to the railroad tracks. This sanitary sewer line will be extended north all the
way to 24th Street with the construction of the next phase(s) of the Bee Branch
project. Water main along 16th Street will be upsized from an 8 -inch diameter
main to a 12 -inch diameter main. The project includes the construction of 2,180
feet of storm sewer ranging in diameter from fifteen (15) inches to eighty -four
(84) inches. And finally, the project includes the dredging of the 16th Street
Detention Basin.
Any visual or hearing- impaired persons needing special assistance or
persons with special accessibility needs should contact the City Clerk's office at
(563) 589 -4120 or TDD at (563) 690 -6678 at least 48 hours prior to the meeting.
2010.
Published by order of the City Council given on the day of
Jeanne F. Schneider, CMC, City Clerk
NOTICE TO BIDDERS
CITY OF DUBUQUE PUBLIC IMPROVEMENT PROJECT
LOWER BEE BRANCH CREEK RESTORATION PROJECT
Time and Place for Filing Sealed Proposals. Sealed bids for the work
comprising each improvement as stated below must be filed before 2:00 p.m. on
May 18, 2010, in the Office of the City Clerk, City Hall - First Floor, 50 West 13
Street, Dubuque, Iowa.
Time and Place Sealed Proposals Will be Opened and Considered. Sealed
proposals will be opened and bids tabulated at 2:00 p.m. on May 18, 2010, at
City Hall - Conference Room A, 50 West 13 Street, Dubuque, Iowa, for
consideration by the City Council (Council) on a date yet to be determined but no
later than August 16, 2010. The City of Dubuque, Iowa, reserves the right to
reject any and all bids.
Time for Commencement and Completion of Work. Work on each
improvement shall be commenced within 10 days after the Notice to Proceed has
been issued and shall be substantially completed by December 31, 2010, with
full completion by June 17, 2011.
Bid Security. Each bidder shall accompany its bid with a bid security as security
that the successful bidder will enter into a contract for the work bid upon and will
furnish after the award of contract a corporate surety bond, acceptable to the
governmental entity, for the faithful performance of the contract, in an amount
equal to one hundred percent of the amount of the contract. The bid security
shall be in the amount of ten percent (10 %) of the amount of the contract and
shall be in the form of a cashier's check or certified check drawn on a state -
chartered or federally chartered bank, or a certified share draft drawn on a state -
chartered or federally chartered credit union, or the governmental entity may
provide for a bidder's bond with corporate surety satisfactory to the governmental
entity. The bid bond shall contain no conditions excepted as provided in this
section.
Contract Documents. Copies of the Bidding Documents may be obtained by
contacting Tri -State Blue Print & Framing Company, 696 Central Avenue,
Dubuque, Iowa 52001, 563 - 556 -3030. A nonrefundable deposit of $50.00 per
set of documents or receipt of AGC, AMC, AMEC, MBI or NECA card is required.
Preference for Iowa Products and Labor. By virtue of statutory authority,
preference will be given to products and provisions grown and coal produced
within the State of Iowa, and to Iowa domestic labor, to the extent lawfully
required under Iowa statutes.