L~41 Kathleen Vanderpool Deputy City Attorney I3A '. ~ * Roll Call Number Agenda Item Number. DATE August 6, 2007

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* Roll Call Number Agenda Item Number I3A DATE August 6, 2007 ACCEPTING COMPLETED CONSTRUCTION AN APPROVING FINAL PAYMENT FOR HICKMN ROAD SIDEWALK FROM PROSPECT ROAD TO M.L. KIG, JR. P ARKW A Y, HOCKMTH CONCRETE SERVICES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES MOINES, IOWA: That the attached report of the Jurisdictional Engineer, showing the cost of the construction of the Hickman Road Sidewalk from Prospect Road to M.L. King, Jr. Parkway, 09-2007-002, in accordance with the contract approved between Hockmuth Concrete Services, Inc., Kenneth Hockmuth, President, 5965 Merle Hay Road, Suite D, Johnston, IA 50131, under Roll Call No. 06-2225, of November 6,2006, and the City of Des Moines, and recommending the acceptance thereof, be and the same is hereby approved, and accepted, and BE IT FURTHER RESOLVED: That $57,944.57 is the total cost, of which $55,047.34 has been paid the Contractor, and $0.00 is now due and is hereby approved as final partial payment for the above project, the remaining balance of $2,897.23 is to be paid at the end of thirt days, provided no claims or liens have been fied against said contract. In the event that at the end of said thirt (30) day period, claims are on fie as herein provided, the City of Des Moines shall continue to retain from said unpaid funds, a sum not less than double the total amount of all claims on fie, or the full Chapter 573 Code ofiowa retainage amount, whichever is lesser. BE IT FURTHE RESOLVED: That the Engineering Department be and is hereby authorized and directed to notify all persons and firms with outstanding Chapter 573 claims against said project, that the project has been given final acceptance as completed by this City Council, that they have 60 days from such acceptance within which to initiate suit to collect on their claims, and that if suit is not commenced within that time, the City of Des Moines wil be required to release the retainage which it is now holding. BE IT FURTHER RESOLVED: That the Des Moines Finance Director be and is hereby authorized to release said retainage if suit is not fied as above provided. Funding Moved by FORM APPROVED: L41 Kathleen Vanderpool Deputy City Attorney to adopt. FABi cju Allen McKinley Des Moines Finance Director Source: 2007-2008 CIP, Page Sidewalk-7, School Routes and Priority Sidewalks, STR081, Various Funding, Being: 50% ($28,972.28) from Polk County and 50% ($28,972.29) in G. O. Bonds from STR081 '. 09-2007-002

* Roll Call Number Agenda Iteii!r Date At.gt.i;-tQ,)QQ1.h COUNCIL ACTION YEAS NAYS PASS ABSENT COWNIE COLEMAN HENSLEY KIERNAN MAHAFFEY MEYER VLASSIS TOTAL MOTION CARED APPROVED CERTIFICATE I, DIANE RAUH, City Clerk of said City hereby certify that at a meeting of the City Council of said City of Des Moines, held on the above date, among other proceedings the above was adopted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. Mayor City Clerk 09-2007-002 2

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/3A PROJECT SUMMARY Hickman Rd Sidewalk from Prospect Rd to Activity in 09-2007-002 On November 6,2006, under Roll Call No. 06-2225, the City Council awarded the contract for the above improvements to Hockmuth Concrete Services, Inc., in the amount of $58,005.00, to reconstrct and constrct Class 'B' Portland cement concrete sidewalks four(4) inches thick (six(6) inches thick at driveways), together with all necessar appurenances; in accordance with the contract documents at: Hickman Road from Prospect Road to M.L. King, Jr. Parkway. Tabulated below is a history of project change orders. Change Order No. Description Initiated By Amount 1 5/22/2007 Hydro-seed instead of sod to provide a cost reduction. Contractor ($2,445.00) 2 Engineering $2,384.57 To adjust quantities to As_Built amounts. Original Contract Amount Total Change Orders Percent of Change Orders to Original Contract Final Contract Amount $58,005.00 ($60.43) -0.10% $57.944.57 Friday, July 06, 2007 Page 1 of 1

/3 A CERTIFICATION OF COMPLETION August 6, 2007 AGENDA HEADING: Accepting completed construction and approving final payment for the Hickman Road Sidewalk from Prospect Road to M.L. King, Jr. Parkway, Hockmuth Concrete Services, Inc SYNOPSIS: Approve the Jurisdictional Engineer's Certification of Completion, accept construction of said improvement, and authorize final payment to the contractor. FISCAL IMPACT: ENGINEERING DEPARTMENT CITY HALL 400 ROBERT D. RAY DRIVE DES MOINES,IOWA 50309-1891 (515) 283-4920 FAX (515) 283-4112 ALL-AMERICA CITY 1949, 1976, 1981 2003 Amount: $57,944.57 As-Built Contract Cost Funding Source: 2007-2008 CIP, Page Sidewalk-7, School Routes and Priority Sidewalks, STR081, Various Funding, Being: 50% ($28,972.28) from Polk County and 50% ($28,972.29) in G. O. Bonds from STR08 i CERTIFICATION OF COMPLETION: On November 6, 2006, under Roll Call No. 06-2225, the City Council awarded a contract to Hockmuth Concrete Services, Inc., Kenneth Hockmuth, President, 5965 Merle Hay Road, Suite D, Johnston, IA 50131 for the construction of the following improvement: Hickman Road Sidewalk from Prospect Road to M.L. King, Jr. Parkway, 09-2007-002 The improvement includes construction of Class 'B' Portland cement concrete sidewalk four (4) inches thick and reconstruction of Class 'B' Portland cement concrete sidewalks four(4) inches thick, (six(6) inches thick at driveways), together with all appurtenances; in accordance with the contract documents, including Plan File Nos. 465-32/34 at Hickman Road from Prospect Road to M.L. King, Jr. Parkway, Des Moines, Iowa I hereby certify that the construction of said Hickman Road Sidewalk from Prospect Road to M.L. King, Jr. Parkway, Activity ID 09-2007-002, has been completed in substantial compliance with the terms of said contract, and I hereby recommend that the work be accepted. The work commenced on November 16,2006, and was completed on July 25,2007.

I further certify that $57,944.57 is the total cost of said improvement, of which $55,047.34 has been paid the Contractor and $0.00 is now due and is hereby approved as final partial payment for the above project, the remaining balance of $2,897.23 is to be paid at the end of thirt days, provided no claims or liens have been fied against said contract. In the event that at the end of said thirt (30) day period, claims are on fie as herein provided, the City of Des Moines shall continue to retain from said unpaid funds, a sum not less than double the total amount of all claims on fie, or the full Chapter 573 Code of Iowa retainage amount, whichever is lesser. The amount of completed work is shown on the attached Estimate of Construction Completed. ØL:.I l Jeb E. Brewer, P.E. Des Moines City Engineer 2

ENGINEERING DEPARTMENT CITY OF DES MOINES, IOWA '", CITY 0' Din molnej ""W"W ESTIMA TE OF CONSTRUCTION COMPLETED FOR WORK DONE FROM 4/11/07 to 6/29/07 FINAL Project: Hickman Road Sidewalk From Prospect Road to M.L. King Jr Parkway Contractor: Hockmuth Concrete Services Activity ID: 09-2007-002 Date: 7/9/07 CONSTRUCTED LINE NO. DESCRIPTION UNIT ESTIMATED AUTHORIZED TO DATE UNT PRICE TOTAL AMOUNT I Sidewalk, Class 'B', 4" PCC(new) SY 600.000 600.000 620.420 $30.00 $ 18,612.60 2 Sidewalk, Handicapper Ramp, 6" PCCCnew) SY 8.000 8.000 6.660 $51.00 $339.66 3 Sidewalk, Class 'B', 4" PCC, Remove & Replace SY 350.000 350.000 418.860 $35.60 $14,911.42 4 Sidewalk, Thru Driveways, 6" PCC, Remove and Replace SY 10.000 10.000 5.330 $50.90 $271.0 5 Sidewalk, Handicapped Ramp, 6" PCC, Remove and Replace SY 20.000 20.000 20.880 $50.90 $1,062.79 6 Detectable Warings SF 32.000 32.000 32.000 $32.50 $1,040.00 7 Saw Concrete - Full Depth LF 250.000 250.000 168.000 $5.10 $856.80 8 Clearing & Grubbing LS 1.000 1.000 1.000 $965.00 $965.00 9 Grading LS 1.000 1.000 1.000 $4,945.00 $4,945.00 10 Type "RCP Area" Intae, 24" EA 1.000 1.000 1.000 $1,050.00 $1,050.00 11 Type 3 Intake Grate, 24" EA 1.000 1.000 1.000 $193.00 $193.00 12 Sub drain, 6" Std. Perf. LF 420.000 420.000 420.000 $14.00 $5,880.00 13 Sod, Nurseiy, In Place SQ 115.000 0.000 0.000 $43.00 $0.00 14 Project Sign, Small EA 1.000 1.000 1.000 $122.00 $122.00 15 Traffic Control LS 1.000 1.000 1.000 $5,195.00 $5,195.00 1.01 Hydro-Seed LS 1.000 1.000 1.000 $2,500.00 $2,500.00 UNITS TOTAL CONTRACT AMOUNT PLUS CHANGE ORDERS $57,944.57 PARTIAL PAYMENT NO.1 $30,193.00 PARTIAL PAYMENT NO.2 $4,272.34 PARTIAL PAYMENT NO.3 $18,207.00 PARTIAL PAYMENT NO.4 $2,375.00 THIS PARTIAL PAYMENT $0.00 TOTAL PARTIAL PAYMENTS $55,047.34 BALANCE $2,897.23 100.00% PREPARED BY, k CHECKED BY,,- \I ß RETAINAGE \u TOTAL $57,944.57 $2,897.23, TOTAL LESS RETAINAGE $55,047.34 Page 1 of 1 FINAL LESS PREVIOUS PAYMENT $55,047.34 AMOUNT DUE $0.00