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Raymond Place_Maiden Lane Retaining Wall Emergency RepairDate: June 11, 2010 City of Dubuque Attention: City Clerk 50 West 13th Street Dubuque IA 52001 W/O IRREVOCABLE LETTER OF CREDIT PREMIER BANK Re: Raymond Place Sanitary Sewer Letter of Credit No. Conrad001 Amount: $40,000.00 To Whom It May Concern: premierbanking.com WEST SIDE 1975 JFK Road Dubuque, Iowa 52002 563.588.1000 Fax 563.588.3352 DOWNTOWN 9th & Iowa Streets Dubuque, Iowa 52001 563.588.1000 Fax 563.690.0070 ASBURY PLAZA 2625 NW Arterial Dubuque, IA 52002 563.588.1000 Fax 563.588.0383 We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque, Iowa, for the account of Ron Conrad for a sum not to exceed Forty Thousand dollars ($40,000.00) effective immediately and expiring at the close of business on June 11, 2011. Funds under this Irrevocable Letter of Credit are available to you by your sight draft on Premier Bank, 9th and Iowa, Dubuque, Iowa by submitting a sworn statement that the City has not accepted all the public improvements necessary for Raymond Place sanitary sewer relocation and incidental construction in accordance with plans to be approved by the City Engineer as it relates to site plan approval for the condominiums at 440 Raymond Place in the City of Dubuque, Iowa and / or said improvements have not been maintained for the two -year maintenance period following City acceptance of the public improvements. Your draft shall contain the clause "drawn under the Premier Bank, Letter of Credit Conrad001, dated June 11, 2010." This original Irrevocable Letter of Credit must accompany any draft that exhausts the credit and must be surrendered concurrently with the payment of such draft. We hereby engage with drawers, endorsers, and bona fide holders of drafts, under and in compliance with the terms of this Irrevocable Letter of Credit, that the same shall be duly honored upon presentation and delivery of the documents specified to Premier Bank and negotiated or presented before two (2) years after the expiration of this Irrevocable Letter of Credit. It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically renewed, without amendment, for a one -year period from the expiration date set forth above, and upon each subsequent anniversary of such date, unless at least sixty (60) days prior to such date, we notify both you and our client in writing by registered mail that we elect not to so renew this Irrevocable Letter of Credit. Expect the 13est. 13. REPAIRS. Tenant shall maintain the fences on the leased premises in good and proper repair. Landlord shall furnish necessary materials for repairs that Landlord deems necessary within a reasonable time after being notified of the need for repairs. Tenant shall haul the materials to the repair site without charge to Landlord. 14. NEW IMPROVEMENTS, All buildings, fences and improvements of every kind and nature that may be erected or established upon the Real Estate during the term of the Lease by the Tenant shall constitute additional rent and shall inure to the Real Estate, becoming the properly of Landlord unless the Landlord has agreed In writing prior to the erection that the Tenant may remove the Improvement at the end of the lease. 15. WELL, WINDMILL, WATER AND SEPTIC SYSTEMS. Tenant shall maintain all well, windmill, water and septic systems on the Real Estate In good repair at Tenants expense except damage caused by windstorm or weather. Tenant shall not be responsible for replacement or installation of well, windmill, water and septic systems on the Real Estate, beyond ordinary maintenance expenses. Landlord does not guarantee continuous or adequate supplies of the water for the premises. 16. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense shall be Incurred for or on account of the Landlord without first obtaining Landlord's written authorization. Tenant shall take no actions that might cause a mechanic's lien to be Imposed upon the Real Estate. 17. NO AGENCY. Tenant Is not an agent of the Landlord. 18, TELEVISION AND RADIO. Tenant may Install and remove, without causing material injury to the premises, Tenant's television reception antennas, microwave dishes, and radio reception and transmission antennas. 19. ACCOUNTING. The method used for dividing and accounting for the harvested grain shall be the customary and usual method used In the locale. 20. ATTORNEY FEES AND COURT COSTS. If either party files suit to enforce any of the terms of this Lease, the prevailing party shall be entitled to recover court costs and reasonable attorneys' fees, 21. CHANGE IN LEASE TERMS. The conduct of either party, by act or omission, shall not be construed as a material alteration of this Lease until such provision is reduced to writing and executed by both parties as addendum to this Lease. 22. CONSTRUCTION. Words and phrases herein, Including the acknowledgement, are construed as In the singular or plural and as the appropriate gender, according to the context. 23. NOTICES. The notices contemplated In this Lease shall be made In writing and shall either be delivered In person, or be mailed In the U.S. mail, certified mall to the recipient's last known mailing address, except for the notice of termination set forth In Section 9, which shall be governed by the Code of Iowa. 24. ASSIGNMENT. Tenant shall not assign this Lease or sublet the Real Estate or any portion thereof without prior written authorization of Landlord. 25. ADDITIONAL PROVISIONS. See 1 in Addendum DATED: TENANT: LANDLORD: Robert Bradley Michael C. Van Milligen, City Manager Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Raymond Place /Maiden Lane Retaining Wall Repair DATE: August 9, 2010 Dubuque AI-Amedca City 1 2007 The retaining wall located at the intersection of Raymond Place and Maiden Lane is failing and in a state if impending collapse. The existing wall is a concrete wall that has Raymond Place and Maiden Lane above the wall and the 5 Street steps below the wall. The Engineering Department has been monitoring the wall for some time. Due to the lateral movement of the retaining wall, the abutting street pavement has settled. There is a storm sewer line and sanitary sewer line that will need to be reconstructed due to their close proximity to the retaining wall. In the interest of public safety, City Engineer Gus Psihoyos recommends City Council approval of emergency repairs to the Raymond Place /Maiden Lane retaining wall and the associated pavement, storm sewer and sanitary sewer in the Cooper Place wall area, and authorize solicitation of informal bids for the project. 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 Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Raymond Place /Maiden Lane Retaining Wall Repair DATE: August 10, 2010 INTRODUCTION Dubuque kritri Alt- Amdlca City ' 2007 DISCUSSION This memo requests the City Council approve the attached resolution authorizing emergency repairs to the public retaining wall at the intersection of Raymond Place and Maiden Lane along with the associated street pavement, storm sewer and sanitary sewer in the Cooper Place area. The retaining wall located at the intersection of Raymond Place and Maiden Lane is failing and in a state of impending collapse. The existing wall is a concrete wall that has Raymond Place and Maiden Lane above the wall and the 5 Street steps below the wall. The Engineering Department has been monitoring the wall for some time. Due to the lateral movement of the retaining wall, the abutting street pavement has settled. There is a storm sewer line and sanitary sewer line that will need to be reconstructed due to their close proximity to the retaining wall. IIW Engineers & Surveyors, P.C. (IIW) was retained by the City of Dubuque to provide structural engineering design and analysis of the retaining wall. Attached is the letter from IIW recommending the immediate retaining wall repair. IIW will continue to be part of the design, development, and construction phases of the project. With weather permitting, this work will be completed by year -end. Engineering will send a letter to the property owner notifying them of a special assessment for the retaining wall. The assessment of the wall will be 50 percent (50 %) of the cost due to the dual benefit that the City and the property owner receive with the wall. The City has notified the property owner of the retaining wall issue previously. There has been a disagreement between the City and the property owner on who owns the wall. The property owner had retained the services of legal counsel. No resolution to the ownership of the retaining wall was ever attained. The property is owned by Neil and Katherine Kelley. Mr. Kelley has recently passed away. BUDGET IMPACT The Raymond Place /Maiden Lane Retaining Wall Repair will be funded by the Cooper Wall Area Capital Improvement Project (3502088), with a current balance of $146,803. Since the retaining wall serves both a public and private purpose, the cost of the retaining wall repair will be split between the City and the private property owner. The private property owner's portion will be handled through the City's assessment process. ACTION TO BE TAKEN In the interest of public safety, the City Council is requested to approve the emergency repairs of the Raymond Place /Maiden Lane Retaining Wall Project and associated pavement, storm sewer and sanitary sewer, and to solicit informal bids for the project through adoption of the attached resolution. Prepared By: Jon Dienst, PE cc: Barry Lindahl, City Attorney Bob Schiesl, Assistant City Engineer Dennis Waugh, IIW Engineers & Surveyors, PC RESOLUTION NO. 307-10 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL AT THE INTERSECTION OF RAYMOND PLACE AND MAIDEN LANE INCLUDING THE STREET PAVEMENT, STORM SEWER AND SANITARY SEWER Whereas, a public retaining wall adjacent to Raymond Place and Maiden Lane is failing and the pavement on Raymond Place and Maiden Lane has collapsed as the result of the failing public retaining wall; and Whereas, Iowa Code § 384.103 provides that when emergency repair of a public improvement is necessary and the delay of advertising and a public letting might cause serious Toss or injury to the city, the governing body shall, by resolution, make a finding of the necessity to institute emergency proceedings and shall procure a certificate from a competent registered professional engineer or architect, not in the regular employ of the city, certifying that emergency repairs are necessary, and that in that event the governing body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair, or dismantling of a dangerous structure and if the property owner does not perform the action, in an emergency a city may perform the action and assess the costs to the property owner. Whereas, the City Council finds that the condition of the retaining wall is a dangerous structure and constitutes an emergency and that an emergency repair of the retaining wall and adjoining public street supported by the retaining wall is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from a competent professional engineer registered in the State of Iowa, not in the regular employ of the City, certifying that emergency repairs to the retaining wall and street are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceedings to repair the retaining wall adjacent to Raymond Place and Maiden Lane including the street pavement, storm sewer and sanitary sewer. Section 2. The City Manager is hereby authorized to proceed with instituting such emergency repairs as provided by law. Passed, adopted and approved this 16th day of August Attest: eanne F. Schneider, CMC, City Clerk 010. Roy D. Buol, Mayor Masterpiece on the Mississippi DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (OASIS), which Includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, OASIS and it's suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, Incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, ansing out of the authonzed or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. Raymond Place Retaining Wall 1 inch = 80 feet 80 40 0 Project Location , product el DAGIS DUaugUE AREA GEOGRAPHIC INFORMATION SYSTEM 80 Feet VV� Map Prepared by: TWK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 IIW ENGINEERS & SURVEYORS, P.C. July 28, 2010 Gus Psihoyos City of Dubuque - Engineering Department 50 West 13th Street Dubuque, IA 52001 Re: Raymond and Cooper Place Retaining Wall IIW Project No: 08109 -04 Dear Mr. Psihoyos: We have observed the condition of the Raymond and Cooper Place Retaining Wall at the intersection of Maiden Lane and Raymond Place. This wall is endangering adjacent property, including a public sidewalk /stairway. Since it supports a street that is a principal access to several properties, restoring the use of this street is essential for public safety, especially emergency vehicle access. Also considering the recent heavy rains, it is necessary to replace this wall immediately because of the imminently dangerous conditions. Pursuant to the Emergency Work provisions of Section 384.103 of the Code of Iowa, I hereby certify that this is necessary work for this public improvement and that delay of advertising and public letting might cause serious Toss or injury to the City and public safety. I hereby certify that this engineering document was prepared by me and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Sincerely, IIW ENGINEERS & SURVEYORS, P.C. Bradley J. Mootz, P.E. Iowa Reg. No. 18076, renewal 12/31/2011 NonsitanasummamarrammiwaseasZTLI � QP OF ... ..ON 9 \ . ' I i BRADLEY J.: I 4U W: MOOTZ I Zs v 18076 47 0 .* *•'• •.....•••••*, ` � \a /OWA mianuo 4155 Pennsylvania Avenue, Dubuque, Iowa 52002 -2628 • [P] 563.556.2464/800.556.4491 • [F] 563.556.8711 BUILDING DESIGN CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING www.iiwengr.com Dennis F. Waugh, PE /SE* Charles A. Cate, PE Gary D. Sejkora, PE Michael A. Jansen, PE /SE Ronald A. Balmer. PE /SE /AIA John M. Tranmer, PLS Timothy J. Tranel, PE* John F. Wandsnider. PE Julie P. Neebel, PE James P. Kaune. PE Thomas J. Oster, PLS Wray A. Childers, PLS Geoffry T. Blandin, PE Mark C. Jobgen, PE Lauren N. Ray, PE /SE* Bradley J. Mootz, PE /SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA * LEED AP jjw