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Bee Branch Creek Railroad Culverts Trail Project AcceptanceCity of Dubuque City Council Meeting Consent Items # 013. Copyrighted February 20, 2023 ITEM TITLE: Bee Branch Creek Railroad Culverts Trail Project Acceptance SUMMARY: City Manager recommending City Council adopt the attached resolution accepting the improvements and authorize the final payment of the contract amount of $463,129.25, to Tricon General Construction for the Bee Branch Creek Railroad Culverts Trail Project. RESOLUTION Accepting the Bee Branch Creek Railroad Culvert Trail Project and authorizing the payment of the contract amount to the contractor SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Engineer's Certificate of Completion Supporting Documentation THE C DUj!BQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Railroad Culverts Trail Project Project Acceptance DATE: February 14, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 City Engineer Gus Psihoyos is recommending City Council adopt the attached resolution accepting the improvements and authorize the final payment of the contract amount of $463,129.25, to Tricon General Construction for the Bee Branch Creek Railroad Culverts Trail Project. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Deron Muehring, Civil Engineer II THE C DUUB___&_FEE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Creek Railroad Culverts Trail Project Project Acceptance DATE: February 10, 2023 Dubuque AA•Amerlu My 2007-2012.2013 2017*2019 INTRODUCTION The enclosed resolution provides for the acceptance of the public improvement construction contract for the Bee Branch Creek Railroad Culverts Trail Project. BACKGROUND From 1999 through 2011, there were six Presidential Disaster Declarations due to rainstorms and flooding that included the Bee Branch Creek Watershed. The Drainage Basin Master Plan, completed and adopted by the City Council in 2001 (and amended in 2013), identified more than 1,100 properties at risk of flood damage due to flash flooding. Based on a subsequent 2009 study on behalf of the Federal Emergency Management Agency (FEMA), 1,373 at risk properties were identified. These include homes and more than 70 businesses with over $500 million in annual sales. The flood prone area in the Bee Branch Watershed encompasses historic neighborhoods offering some of the community's most affordable workforce housing. Most residents are working families, many are elderly -- those least likely to recover from repetitive flood loss. Repetitive flood damage leads to disinvestment; from 2004 to 2009, while commercial property values grew by 39% citywide, they fell by 6% in the Bee Branch Watershed flood prone area. The Drainage Basin Master Plan also outlined a series of improvements throughout the watershed to mitigate the flash flooding. Collectively, the improvements form the basis of the Bee Branch Watershed Flood Mitigation Project — a multi -phased, fiscally responsible investment that reflects a holistic approach to mitigate flooding as it will also improve water quality, stimulate investment, and enhance the quality of life of watershed residents. When complete, it will prevent an estimated $582 million in damages over decades to come. Since 2001, the City has been working to complete the various phases of the project. Table 1 shows the status of each phase. Table 1. Twelve phases of the Bee Branch Watershed Flood Mitigation Project Phase Description 1 Carter Road Detention Basin 2 West 32nd Street Detention Basin 3 Historic Millwork District 4 Lower Bee Branch Creek Restoration 5 Flood Mitigation Gate Replacement 6 Impervious Surface Reduction (Green Alleys) 7 Upper Bee Branch Creek Restoration 8 22nd Street Storm Sewer Improvements 9 Flood Mitigation Maintenance Facility 10 North End Storm Sewer Improvements 11 Water Plant Flood Protection 12 171" Street Storm Sewer Improvements Complete Complete Complete Complete Under Design Under Design' Complete Complete to N. Main St.3 Site Cleanup Complete to Heeb St.4 ' 80 of the 240 alleys in the Bee Branch Watershed have been reconstructed as "green", pervious alleys. Several are currently under design. 2The Upper Bee Branch Creek Restoration Project includes the improvements associated with the Upper Bee Branch Railroad Culverts Project currently under construction. 3Design is complete to Kane Street. 4Design is complete to Angela St., 60% design to Kirkwood St., 30% design to Rosedale. On December 4, 2013, the Iowa Flood Mitigation Board voted to approve the City's use of $98,494,178 for the Bee Branch Watershed Flood Mitigation Project. And in January 2016, the State of Iowa was awarded $95.7 million in HUD National Disaster Resiliency Competition grant funds with the City of Dubuque to receive $9 million for the culvert improvements through the railroad property at 506 Garfield Ave proposed as part of the Upper Bee Branch Creek Restoration Project (Phase 7 of the Bee Branch Watershed Flood Mitigation Project). In February of 2019, the City Council awarded the construction contract for the Upper Bee Branch Creek Railroad Culverts Project in the amount of $25,900,000.00. Improvements to convert the existing box culverts under the railroad tracks into a pedestrian trail was bid as one of four bid alternates. Because the bid was more than the engineer's estimate, none of the bid alternates were included in the construction contract at award. In March of 2019, the City Council adopted Resolution 70-19, authorizing an application for Land and Water Conservation Fund (LCWF) grant funding for the Bee Branch Creek Trail Connector, the same improvements that were bid as an alternate on the Upper Bee Branch Creek Railroad Culverts Project. In April of 2019, the Iowa Department of Natural Resources (IDNR), who administers the grant on behalf of the National Parks Service, notified the City that the City's application for $175,000 in LCWF grant funding had been approved. In August of 2021, the City Council awarded the construction contract for the Bee Branch Railroad Culvert Trail Project in the amount of $444,735.00 to Tricon General Construction of Dubuque, Iowa. DISCUSSION The Bee Branch Railroad Culvert Trail Project (Trail Project) was completed by Tricon General Construction in the final contract amount of $463,129.25. It involved paving a trail on either side of the box culverts converted to serve dual functions (flood control and as a hike/bike path under the railroad tracks) as part of the Upper Bee Branch Creek Restoration Project. The Trail Project also provided for concrete repair and staining of the box culverts, as well as trail lighting and security cameras. RECOMMENDATION I recommend that the City Council accept the improvements and authorize the payment of the final contract amount of $463,129.25 to Tricon General Construction for the Bee Branch Creek Railroad Culverts Trail Project. BUDGETIMPACT The final project cost for the Bee Branch Creek Railroad Culverts Trail Project was 0.38% more than estimated at the time of award. The cost breakdown is as follows: Award Final Construction Contract $444,735.00 $463,129.25 Contingency 25,125.00 0.00 Engineering 26,380.00 35,000.00 Total Project Cost $496,240.00 $498,129.25 The project funding summary is as follows: Funding Source Amount State Sales Tax Increment $323,129.25 Land & Water Conservation Fund Grant 175,000.00 Total Project Cost $498,129.25 ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the improvements and authorize the final payment of the contract amount of $463,129.25, to Tricon General Construction for the Bee Branch Creek Railroad Culverts Trail Project. FTIV M D Prepared by Deron Muehring cc: Crenna Brumwell, City Attorney Jenny Larson, Chief Financial Officer Deron Muehring, Civil Engineer Prepared by' Deron Muehring City of Dubuque Engineering 50 W. 13" Street Dubuque IA 52001 (563)589 4270 Return to: Adrienne N. Breitfelder, City Clerk, 50W 131" Street, Dubuque, IA 52001 (563)589-4100 RESOLUTION NO. 44-23 ACCEPTING THE BEE BRANCH CREEK RAILROAD CULVERT TRAIL PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Bee Branch Railroad Culvert Trail Project (the Project) has been completed by the Contractor, Tricon General Construction, (Contractor) and the City Engineer has examined the work and that the Project be accepted; and Whereas, the final contract amount for the Project is $463,129.25; and Whereas, the Contractor has previously been paid $439,972.79, leaving a balance of $23,156.46; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $23,156.46 as provided in Iowa Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code Chapter 26.13. Passed, approved, and adopted this 20th day of February, 2023. rad M<avc6agh, Mayor Attest: Adrienne N. Breitfelder, C C, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE BEE BRANCH CREEK RAILROAD CULVERT TRAIL PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Bee Branch Creek Railroad Culvert Trail Project (the Project), and said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $498,129.25. Dated this 13th day of February 2023. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13t" day of February 2023. l-t�X7�z X, & 4V146'A-'. Adrienne N. Breitfelder, CMC City Clerk