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Asbury Rd. Eastbound Lane Widening Pro. D~~~E ~c!k-~ MEMORANDUM August 15, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Asbury Road Eastbound Lane Widening Project City Engineer Gus Psihoyos recommends initiation of the bidding process for the Asbury Road Eastbound Lane Widening Project, and further recommends that a public hearing be set for September 18, 2006. I concur with the recommendation and respectfully request Mayor and City Council approval. /1221,/ Cc:~ /Illv~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer ~.. ~.'._J D~~~E ~~~ MEMORANDUM August 15, 2006 FROM: Michael C. Van Milligen, City Mavnager Gus Psi hoyos, City Engineer , -' TO: SUBJECT: Asbury Road Eastbound Lane Widening Project INTRODUCTION The enclosed resolutions authorize the public bidding procedure for the Asbury Road Eastbound Lane Widening Project. BACKGROUND Ordinance No. 69-05, adopted by the City Council on December 19, 2005, approved the PUD and Conceptual Development Plan for the Sam's Club development at the Northwest Arterial and Asbury Road. The Ordinance provided, in part, that Asbury Road will be improved with an additional eastbound thru-Iane from the Northwest Arterial/Asbury Road intersection to the new access serving the Sam's Club property. The City will construct the additional eastbound thru-Iane according to prevailing City standards and specifications for such improvements, utilizing funds placed on deposit by Wal-Mart Stores, Inc. for that purpose under the terms of an escrow agreement entered into between Wal-Mart Stores, Inc., and the City. The amount placed in escrow by Wal-Mart Stores, Inc. is $250,000. Plastic Center Inc. has agreed to contribute $115,000 toward the project and to provide the City with all necessary property and temporary construction access easement rights at no additional cost to the City for the installation of traffic signal equipment, placing embankment fill, performing grading, storm sewer construction and utility relocations. Any of the $115,000 contribution not required for the project will be refunded to Plastic Center Inc. If the project exceeds $365,000, the City of Dubuque and Plastic Center Inc. will split any costs beyond this amount equally. DISCUSSION The City has hired Buesing & Associates to complete the engineering design services for the Asbury Road Eastbound Lane Widening Project. Phase I Preliminary design plans for the east lane widening will require the southerly curb line to be constructed within approximately one (1) foot from the existing right-of-way line and the Plastic Center Inc. property line. Phase /I The Asbury Road Eastbound Lane Widening Project will also include the addition of a eastbound right turn lane on Asbury Road between Holliday Drive and the Northwest Arterial. The existing right turn lane will be utilized as a second through lane. This project is a City project and will be paid for with City funds. The addition of the right turn lane on Asbury Road between Holliday Drive and the Northwest Arterial will provide two dedicated through lanes and a dedicated right turn lane in this area for eastbound traffic on Asbury Road. This will greatly reduce the congestion in this area. Property was acquired for the widening of this section of roadway from Dubuque Bank and Trust for a cost of $8,880. PROJECT SCHEDULE The schedule for the project is as follows: Initiate Public Bidding Process Advertisement for Bids Receipt of Bids Notice of Public Hearing on Plans and Specifications Pre-Bid Construction Conference Public Hearing Award of Contract Project Completion Date August 21, 2006 August 25, 2006 September 12,2006 September 8, 2006 March 31, 2006 September 18, 2006 September 18, 2006 November 17, 2006 RECOMMENDATION I recommend that the City Council establish a date for the public hearing and authorize the City Clerk to advertise for proposals. BUDGET IMPACT The estimate of probable costs for the Asbury Road Eastbound Lane Widening Project is summarized as follows: Phase I (Between the Northwest Arterial and Proposed Sam's Club Entrance) Construction Cost Traffic Signal Controller Relocation Alliant Energy Utility Relocation Contingency Design Engineering - Buesing & Associates Construction Engineering & Inspection Total Project Cost Estimate $ 119,500 35,000 125,000 18,000 14,650 12,000 $ 324.150 RESOLUTION NO. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of September, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Asbury Road Eastbound Lane Widening 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 ,2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 383-06 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 Asbury Road Eastbound Lane Widening Project, in the estimated amounts of $119,500 for Phase I and $114,000 for Phase II are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21st day of August Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 384-06 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 Asbury Road Eastbound Lane Widening Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 18th day of September, 2006, at 6:30 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 hearing 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. Passed, adopted and approved this 21st day of August ,2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F. Schneider, CMC, City Clerk RESOLUTION NO. 385-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Asbury Road Eastbound Lane Widening 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 prior to the receipt of said bids at 2:00 p.m. on the 12th day of September, 2006. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 18th day of September, 2006. Passed, adopted and approved this21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 Asbury Road Eastbound Lane Widening Project: Addition of an eastbound right-turn lane on Asbury Road between Holliday Drive and the Northwest Arterial and a thru-Iane widening on Asbury Road between the Northwest Arterial and the proposed entrance into the Sam's Club development. 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 Asbury Road Eastbound Lane Widening Project, in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m., on the 18th day of September, 2006, in the Public Library Auditorium, 360 West 11 th Street, 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 (563) 589-4120 or TDD at (563) 690-6678 at least 48 hours prior to the meeting. Published by order of the City Council given on the ,2006. day of Jeanne F. Schneider, CMC, City Clerk NOTICE TO BIDDERS OF THE RECEIPT OF BIDS FOR THE ASBURY ROAD EASTBOUND LANE WIDENING PROJECT 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 1zth day of September, 2006, for the Asbury Road Eastbound Lane Widening Project. The Asbury Road Eastbound Lane Widening Project will include: Phase 1--East lane widening of the southerly curb line to within approximately one (1) foot from the existing right-of-way line and the Plastic Center, Inc. property line; Phase II-Addition of an eastbound right-turn lane on Asbury Road between Holliday Drive and the Northwest Arterial. Copies of the plans and specifications may be obtained in the City Engineer's office at the City Hall. No plan deposit is required. 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 the 17th day of November, 2006. 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 furnish a performance bond in an amount equal to one hundred percent (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 material and the maintenance of the improvement(s) constructed for a minimum period 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 rejected by the City Council as not responsive. All proposals must be made on blanks furnished 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 provisions 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 technical ties and irregularities. All bids will be publicly opened and read by the City Clerk at 2:00 o'clock p.m. on the 1ih day of September, 2006, and will be submitted to the City Council for final action at a meeting to be held in the Public Library Auditorium, 360 West 11th Street, at said City at 6:30 p.m. on the 18th day of September, 2006. A contract will be awarded at that time or such subsequent time as the City may determine. Published by order of the City Council of the City of Dubuque, Iowa and dated this of , 2006. Jeanne F. Schneider, CMC, City Clerk , " CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES Work herein provided for shall be commenced within the (10) days after notice to proceed has been issued and shall be fully completed by November 17, 2006. For each calendar day that any work shall remain uncompleted beyond the completion schedule, $750.00 per calendar day will be assessed, not as a penalty but as predetermined and agreed liquidated damages. The contractor will 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 period 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. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such extension.