Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project_InitiateCopyrighted
September 7, 2021
City of Dubuque Items to be set for Public Hearing # 2.
City Council Meeting
ITEM TITLE: Tiffany Court- Lead Mine Sinkhole Subsidence Remediation Project:
Initiate Public Improvement Bidding Process
SUMMARY: City Manager recommending recommends initiation of the public bidding
procedure for the Tiffany Court— Lead Mine Sinkhole Subsidence
Remediation Project, and further recommends that a public hearing be
set for September 20, 2021.
RESOLUTION Tiffany Court - Lead Mine Sinkhole Subsidence
Remediation 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
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: September20, 2021Suggested Disposition:
ATTACHMENTS:
Description
Tiffany Court Lead Mine Sinkhole Subsidence
Remediation-MVM Memo
Staff Memo
Resolution
Notice of Hearing
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project
Initiate Public Improvement Bidding Process
CIP 1002823 - Sinkhole Mine Remediation
DATE: August 31, 2021
Assistant City Engineer Bob Schiesl recommends initiation of the public bidding
procedure for the Tiffany Court — Lead Mine Sinkhole Subsidence Remediation Project,
and further recommends that a public hearing be set for September 20, 2021.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
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TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: August 31, 2021
RE: Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project
Initiate Public Improvement Bidding Process
CIP 1002823- Sinkhole Mine Remediation
INTRODUCTION
The purpose of this memorandum is to authorize the initiation of the public bidding
procedure for the Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project.
BACKGROUND
In September 2018, a large sinkhole developed on private property (2792 Tiffany Court)
which we believe rests on or very near an historically large sub-terrainian crevice
(Stewart's Crevice) related to abandoned lead / zinc mining operations of the 1800's,
based on historical reference in Samuel Calvin's Geology of Dubuque mapped records
of 1858 and 1899.
The subsurface collapse has impacted the nearby residences and has the potential to
impact public infrastructure in and on Tiffany Court. City staff have worked with the
homeowners, Bob and Barb Freidman, and Steve and Kathleen Abba, providing
technical oversite using tried engineered methods of mitigation since the onset of the
sinkhole. Unfortunately, remediation and mitigation efforts have been unsuccessful and
there continues to be on -going funneling and subsidence.
City staff have also reached out to and developed a collaborative network of technical
experts at IDALS; the Iowa Department of Natural Resources; the Iowa Geological
Survey; the U.S. Geological Survey; the Office of Surface Mining Reclamation and
Enforcement; and the Mine Safety and Health Administration. These various agencies
have been a valuable resource in providing technical assistance and guidance to the
property owners and City staff.
In November 2019, the City retained a geotechnical engineering consultant to perform a
geotechnical investigation and subsurface borings in the vicinity of the mine shaft
sinkhole. The objective of the geotechnical investigation was to gather subsurface
information to be able to better define the extent and magnitude of the mine shaft
sinkhole and the potential impact area of the mine or sub-terrainian crevice. The
subsurface information gathered was also used to evaluate and determine if any City
infrastructure assets (street, sewer, water) were at risk.
Both property owners, the Freidman's and the Abbas, have indicated that their
respective property owner's insurance does not provide coverage for lead mine sinkhole
remediation. The property owners have also reached out to legislative and
congressional staff to inquire and request funding assistance at the state and federal
levels.
DISCUSSION
In December 2020, Mr. Freidman sent a letter to Governor Kim Reynolds requesting
assistance in mitigating the lead mine sinkhole. In February 2021, the Governor issued
a letter which authorized IDALS to utilize funds from Iowa's coal regulatory account,
pursuant to Iowa Code section 207.21(2)(b), to mitigate the lead mine subsidence
located at 2784 and 2792 Tiffany Court.
Following this announcement, IDALS approached the City to inquire if the City would be
agreeable to acting as the Local Public Agency and Contracting Authority for the lead
mine sinkhole remediation and mitigation project.
Following the request, the City Attorney's Office worked directly with the State Attorney
Generals Office to prepare a Cooperative 28E Agreement between the City and IDALS.
The Agreement, to the fullest extent permitted by law, indemnifies and holds harmless
each party from and against all claims, losses, damages, liabilities. The Agreement also
makes no guarantees about long-term performance of the constructed remediation and
mitigation, nor may it be construed to provide any protections to any person or property
from future subsidence at 2784 and 2792 Tiffany Court after the remediation and
mitigation is completed.
Pursuant to the terms of the 28E Agreement, IDALS will reimburse the City for allowable
expenditures up to $150,000, unless otherwise approved by IDALS, for contracted work
performed as specified in the approved engineering design plans that is directly related
to the remediation and mitigation of the lead mine subsidence, including, but not limited
to, labor, materials, and equipment. Any such additional costs not covered by IDALS
shall be the sole responsibility of Property Owners.
The City and IDALS will be responsible for their own respective administrative costs
associated with the 28E Agreement, including the costs of administration, resources,
and employees' labor on the project.
In May 2021, per City Council approval of Resolution 178-21, the Mayor executed
the Cooperative 28E Agreement with the Iowa Department of Agriculture and
Land Stewardship.
SITE ACCESS AGREEMENT
Pursuant to the terms of the 28E Agreement, the City developed and acquired signed
Site Access Agreements with both property owners, the Freidmans and the Abbas,
holding the City and IDLAS harmless in the event of any unforeseen damages resulting
from the lead mine sinkhole remediation and mitigation efforts.
The Site Access Agreement states that the property owners have requested full and
continuing access to the properties for the City and IDALS to perform investigation,
2
testing, analysis, and if determined necessary by City and IDALS, excavation and
construction and such remediation and mitigation work as City and IDALS determine in
their sole discretion is appropriate.
The Site Access Agreement also clarifies that the City and IDLAS will be completing the
remediation and mitigation work in the interest of public health, safety, general welfare,
private property, and to protect public property and infrastructure.
The Site Access Agreement also states and makes no guarantees about long term
performance of the constructed remediation and mitigation, nor may it be construed to
provide any protections to any person or property from future subsidence at 2784 and
2792 Tiffany Court after the remediation and mitigation is completed.
The Site Access Agreement also acknowledges that IDALS will reimburse the City for
allowable expenditures up to $150,000, unless otherwise approved by IDALS, and any
such additional costs not covered by IDALS shall be the sole responsibility of Property
Owners.
Costs associated with any damage to public or private property, real or personal,
resulting from the remediation work performed is not an eligible reimbursable IDALS
expense. The property owners have agreed, and included in the Site Access
Agreement, are solely responsible for the repair or replacement of any sidewalks,
driveways, or landscaping and the cost thereof which may result from the remediation
work and that City and IDALS will have no responsibility for such repair or replacement
or any ineligible cost.
In May 2021, per City Council approval of Resolution 175-21, the Mayor executed
the Property Owner Site Access Agreements with homeowners, Bob and Barb
Freidman, and Steve and Kathleen Abba to allow for the remediation and
mitigation of the lead mine sinkhole subsidence that developed at 2784 and 2792
Tiffany Court.
PROJECT SCHEDULE
The schedule for the project will be as follows:
Initiate Bidding
Publish Notice to Bidders, Advertisement for Bids
Publish Notice of Hearing on Plans & Specifications
Public Hearing
Receipt of Bids
Award of Contract
Completion Date
3
Sept. 7, 2021
Sept. 10, 2021
Sept. 10, 2021
Sept. 20, 2021
Sept. 28, 2021
Oct. 4, 2021
Dec. 31, 2021
BUDGETIMPACT
The estimate of probable cost for the Tiffany Court - Lead Mine Sinkhole Subsidence
Remediation Project is summarized in the following table:
Description
Cost Estimate
Construction
$ 136,500.00
Contingency
13,500.00
Engineering Design and Administration
15,000.00
Total Construction Cost Estimate
$ 165,000.00
The proposed project funding is summarized as follows:
CIP No.
Fund Description
Fund Amount
1002823
IDALS Cooperative 28E Agreement
$150,000.00
1002823
Sinkhole Mine Remediation
15,000.00
Total Project Funding
$ 165,000.00
IDALS will reimburse the City for allowable expenditures up to $150,000 for work
performed that is directly related to the remediation of the lead mine subsidence. If at
any point project costs are anticipated to exceed $150,000, IDALS must approve all
additional costs. The City and IDALS will be responsible for their own respective
administrative costs associated with the 28E Agreement, including the costs of
administration, resources, and employees' labor on the project.
REQUESTED ACTION
I respectfully request that the City Council grant preliminary approval to the construction
plans and specifications; and establish September 20, 2021, as the date of the public
hearing; and hereby authorized to advertise for bid proposals for the Tiffany Court -
Lead Mine Sinkhole Subsidence Remediation Project through adoption of the attached
resolution.
CC' Jenny Larson, Director of Finance and Budget
Hugh McCarron, Engineering Technician
Vince Sitzmann, Mike Bourland, IDALS
Attachments
FAPROJECTS\Tiffany Court Sinkhole - 2019\Council & Staff Documents\Initiate
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Prepared by Robert Schiesk City of Dubuque Engineering 50 W 13th St Dubuque IA 52001 (563)589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 (563)589-4100
RESOLUTION NO. 306-21
TIFFANY COURT - LEAD MINE SINKHOLE SUBSIDENCE REMEDIATION 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
Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project in the estimated
amount $150,000.00, 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 20th day of September, 2021, at 6:30 p.m. in
the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th
Street, Dubuque, Iowa, 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 Tiffany Court - Lead Mine Sinkhole Subsidence Remediation 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 Engineer is hereby directed to advertise for bids for the construction of
the improvements herein provided, by publishing the Notice to Bidders to be published
on the City of Dubuque website and a contractor plan room service with statewide
circulation, which notice shall be published not less than thirteen but not more than forty-
five days before the date for filing bids before 2:00 p.m. on the 28th day of September
2021. 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. on the 4th day of October 2021, in the
Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street,
Dubuque, Iowa.
Passed, approved and adopted this 7th day of September�2021.
Attest: Roy 6
.1`6ol, Mayor
/V /
Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE TIFFANY COURT - LEAD MINE
SINKHOLE SUBSIDENCE REMEDIATION 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 Tiffany Court - Lead Mine Sinkhole Subsidence Remediation
Project, in accordance with the provisions of Chapter 26, Code of Iowa, at 6:30 p.m., on
the 20th day of September 2021, in the Historic Federal Building Council Chambers
(and/or by virtual means), 350 West 6th 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: Perform contracted work as specified in the
approved engineering design plans that is directly related to the remediation and
mitigation of the lead mine sink hole subsidence, including, but not limited to, labor,
materials, and equipment.
Copies of supporting documents for the public hearing are on file in the City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, Iowa. To comply with social distancing mandates,
documents can be viewed at https://www.cityofdubugue.org/Agendas or by contacting the
City Clerk's Office at 563-589-4100.
Written comments regarding the above public hearing should be submitted to the City
Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, ctyclerk(o-)_cityofdubugue.org, on or
before said time of public hearing. At said time of public hearing all interested citizens and
parties will be given an opportunity to submit online written comments for or against said
proposal.
Individuals with limited English proficiency, vision, hearing or speech impairments or
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
TDD/TTY (563) 690-6678, ctyclerk cityofdubugue.org as soon as feasible. Deaf or hard -
of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
In the event that a meeting at the Historic Federal Building location is not possible
as a result of the COVID-19 pandemic, instructions for a virtual meeting, and
listening, viewing and public input options will be posted on the meeting agenda
on Friday, September 17, 2021 at https://www.cityofdubugue.org/agendas.
Published by order of the City Council given on the 7th day of September 2021.
Adrienne N. Breitfelder, City Clerk