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Bee Branch Stormwater Pumping Station - Phase IV of the Bee Branch Watershed Flood Mitigation Project Copyrighted September 5, 2023 City of Dubuque Action Items # 09. City Council Meeting ITEM TITLE: Bee Branch Stormwater Pumping Station - Phase IV of the Bee Branch Watershed Flood Mitigation Project SUM MARY: City Manager recommending City Council adoption of the attached resolution pledging local, matching funds in the amount of$19,012,000 for improvements associated with the Bee Branch Stormwater Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project). RESOLUTION Pledging the Local Match in the Amount of$19,012,000 Using $16,412,000 in General Obligation Bonds and $2,600,000 in SRF Loan Proceeds for Construction of a New Stormwater Pumping Station at the 16th Street Detention Basin SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� � � MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Stormwater Pumping Station (Phase IV of the Bee Branch Watershed Flood Mitigation Project) Project #5586500007 DATE: August 29, 2023 Civil Engineer Deron Muehring is recommending City Council adoption of the attached resolution pledging local, matching funds in the amount of$19,012,000 for improvements associated with the Bee Branch Stormwater Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation 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 Jenny Larson, Chief Financial Officer John Klosterman, Public Works Director Arielle Swift, Assistant Public Works Director Teri Goodmann, Director of Strategic Partnerships Dubuque THE CITY OF � pll•America Ci� DuB E �.�K,����K�, . � � ��� � � Maste iece oYl the MisSisSi i zoo��zoiz�zoi3 �`P pp zoi�*zatg TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Deron Muehring, Civil Engineer SUBJECT: Bee Branch Stormwater Pumping Station (Phase IV of the Bee Branch Watershed Flood Mitigation Project) Project #5586500007 DATE: August 28, 2023 INTRODUCTION The purpose of this memorandum is to specify the source of the local matching funds for the Economic Development Disaster Recovery Grant from the U. S. Economic Development Administration (EDA) in the amount of$7,700,000.00 for the Bee Branch Gate Replacement/ Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project). BACKGROUND In November of 2013, the City Council passed Resolution 335-13 adopting the 2013 Drainage Basin Master Plan Amendment that outlined several improvements throughout the Bee Branch watershed to mitigate the effects of future flooding and disasters. Collectively, the improvements form the basis of the multi-phase Bee Branch Watershed Flood Mitigation Project outlined below. Table 1. Twelve phases of the Bee Branch Watershed Flood Mitigation Project Phase Description Status 1 Carter Road Detention Basin Complete 2 West 32"d Street Detention Basin Complete 3 Historic Millwork District Complete 4 Lower Bee Branch Creek Restoration Complete 5 Flood Mitigation Gate Replacement Designed 6 Impervious Surface Reduction (Green Alleys) Initiated 7 Upper Bee Branch Creek Restoration Complete g 22nd Street Storm Sewer Improvements Complete to N. Main St. 9 Flood Mitigation Maintenance Facility Initiated 10 North End Storm Sewer Improvements 11 Water Plant Flood Protection 12 17t" Street Storm Sewer Improvements Complete to Heeb St. On December 4, 2013, the lowa Flood Mitigation Board voted to award the City$98,494,178 for the Bee Branch Watershed Flood Mitigation Project. On February 3, 2014 the City Council adopted Resolution 31-14 authorizing the execution of an agreement with the State of lowa Flood Mitigation Board and authorizing the City's use of sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project. .i The City has used a combination of stormwater utility revenue; local, state, and federal grant funding; and debt in order to construct the improvements associated with the flood mitigation plan. The state grant funding and the subsequent debt issuances allowed for much of the protection to be provided sooner than otherwise possible. With a total estimated cost of$250 million, the Bee Branch Watershed Flood Mitigation Project will prevent an estimated $582 million in damages over the 100-year design life of the project. With more than $163 million in funding assistance, for every dollar invested by Dubuque citizens it will prevent almost seven dollars in flood damage. The original scope of the Flood Mitigation Gate Replacement improvements involved replacing the gate structure associated with the pumping facility on Kerper Boulevard, just south of 16th Street, that functions as part of the floodwall/levee system. The FY15 and FY16 CIP budgets identified $2,100,000 to replace the flood gates. In December of 2015, the City Council authorized the hiring of IIW, P.C. (now Origin Design) for design and engineering services for the project. Due to the record rainfalls in 2010 and 2011 that resulted in flooding within the Bee Branch Watershed, as part of the design process Origin Design was asked to investigate more significant modifications to the existing 16th pump station infrastructure. Considering that some of the facility elements (i.e., the two 90,000 gallon per minute pumps) pre-date the construction of the floodwall/levee system completed circa 1974, staff from the Public Works and Engineering Departments worked with Origin Design to further develop improvements to the facility that would indeed improve drainage when the gates are open and when operating under Mississippi "flood" conditions when the gates are closed. Of the five alternatives analyzed, the replacement of the existing facility with a new stormwater pumping station was selected. This Bee Branch Stormwater Pumping Station Project alternative was selected because it would best handle the more recent severe flooding that occurred between 1999 and 2011. And, in concert with the Bee Branch Creek Restoration Project (including the Bee Branch Railroad Culverts Project), it would provide flood protection for the 500-year rainstorm. The cost to build a new flood pumping station capable of handling flows from the Bee Branch Creek was initially estimated to cost approximately $10 million. To better afford the project improvements associated with all the phases of the Bee Branch Watershed Flood Mitigation Project, and in particular the increased costs associated with the Bee Branch Gate & Pump Station Project, the City sought additional financial assistance. In December of 2018, the City Council adopted Resolution 368-18, approving an application for$4,000,000.00 in EDA grant funding for the new stormwater pumping station project. The City was subsequently awarded $2,500,000.00 in EDA grant funding. In May of 2019, the City Council adopted Resolution 152-19, authorizing entering into a Financial Assistance Award Agreement with EDA as necessary for the City's use of $2,500,000 in EDA grant funding for the pumping station project. The City Council also pledged "the amount of$6,635,000.00 from state sales tax increment or local stormwater utility proceeds...." Per the Agreement, the project was required to complete the improvements by April 11, 2024. In May of 2022, the City Council adopted Resolution 177-22, approving the plans, specifications, form of contract, and estimated cost for the Bee Branch Stormwater Pumping L Station Project, in the estimated amount of$15,790,000.00. The estimate of probable costs for the Project is as follows: Construction Contract $15,790,000 Contingency 720,000 Engineering 2,400,000 Total Project Cost $18,910,000 The funding plan for the improvements was as follows: State Sales Tax Increment Proceeds $9,614,000 Stormwater Utility Construction Funds 2,796,000 US EPA State Revolving Fund (SRF) Loan 2,600,000 US EDA Disaster Grant 2,500,000 DRA Distribution 1,400,000 TOTAL $18,910,000 In May of 2022, the City received two bids for the Bee Branch Stormwater Pumping Station Project (the "Project"). The low bid was $24,650,000, which was 56.1% over the Engineer's Estimate. The two bids were within 1.4% of each other, suggesting that the bids reflect the true cost of the project such that rebidding the project with the same design would likely result in similar results. Due to funding limitations, the City Council adopted Resolution 222- 22 rejecting the bids for the Project. The City was aware that rejecting the bids would likely preclude the City's ability to fund the project using the $2.5 million in EDA grant funding. The City did discuss the possibility of EDA providing additional time to complete the project. However, EDA representatives indicated that the April 2024 deadline was a hard deadline, and the City was forced to send a letter in June of 2023 to EDA rescinding the $2.5 million EDA grant for the Bee Branch Stormwater Pumping Station Project. EDA representatives reiterated their desire to assist the City with the Project and invited the City to reapply for EDA grant funding for the project. As directed by EDA, working with ECIA with support from others such as the Greater Dubuque Development Corporation, a new preliminary application was prepared and submitted by the July 28, 2023, EDA deadline. To complete a full application, the City must pledge to provide the necessary local matching funds should the grant be awarded. In August of 2023, the City Council adopted Resolution 260-23 approving the City's application for $7.7 million in EDA Disaster Relief Opportunity grant funding and pledged providing the required local matching funds in the amount of $19, 012, 000.00 from GO Bonds or a State Revolving Fund loan. DISCUSSION In response to the City's preliminary application, EDA has asked the City to provide a more detailed breakdown of the source of local matching funds. As outlined in Resolution 260-23, � the City pledged local matching funds in the amount of $19,012,000 "from GO Bonds or a State Revolving Fund loan." Ultimately, the City will likely maximize the use of a State Revolving Funds (SRF) loan and avoid, if possible, the issuance of General Obligation (GO) debt. But because the City only anticipated the need for $2.6 million in SRF, the current State of lowa Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP) only reflects $2.6 million for the project. And while the City can amend the IUP request (increase the amount of SRF for the project as needed), it cannot be done in time for the EDA application. Therefore, remaining consistent with Resolution 260-23 and recognizing the amount of SRF currently on the IUP, the City would fund the local match using the $2.6 million in SRF and the remaining $16,412,000 in GO debt as follows: SRF $2,600,000 GO Debt $16,412,000 TOTAL MATCH $19,012,000 According to EDA, if the City chooses later to fund a portion of the local match using other local funds to reduce debt to fund the local match, despite that the initial pledge was to fund it entirely with debt. As presented previously, the City will know if its application for EDA funding is successful in the fall of 2023 so that the City will be able to consider how to best provide the local match as part of the Fiscal Year 2025 budget process. And there will be multiple options to consider. RECOMMENDATION I recommend that the City pledge local, matching funds in the amount of $19,012,000 for improvements associated with the Bee Branch Stormwater Pumping Station Project. BUDGET IMPACT Because the EDA grant is only related to construction costs, the City's match for the grant is $19,012,000 calculated as follows: Construction Contract $25,440,000 Contingency (5%) 1,272,000 Total Project Cost $26,712,000 EDA Grant $7,700,000 Grant Required City Cost Share $19,012,000 Project Grant Total $26,712,000 4 ACTION TO BE TAKEN I respectfully request adoption of the attached resolution pledging local, matching funds in the amount of $19,012,000 for improvements associated with the Bee Branch Stormwater Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project). Attach. cc: Crenna Brumwell, City Attorney Jenny Larson, Chief Financial Officer John Klosterman, Public Works Director Arielle Swift, Assistant Public Works Director Teri Goodmann, Director of Strategic Partnerships � Prepared by Deron Muehring, 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. 298-23 RESOLUTION PLEDGING THE LOCAL MATCH IN THE AMOUNT OF $19,012,000 USING $16,412,000 IN GENERAL OBLIGATION BONDS AND $2,600,000 IN SRF LOAN PROCEEDS FOR CONSTRUCTION OF A NEW STORMWATER PUMPING STATION AT THE 16TH STREET DETENTION BASIN WHEREAS, the City Council of the City of Dubuque, Iowa wishes to apply through the Economic Development Administration (EDA), U. S. Department of Commerce for a Fiscal Year 2018 Disaster Supplemental grant for the construction of a new stormwater pumping station at the 16th Street Detention Basin, and WHEREAS, the City Council, in support of the application for $7,700,000.00 in grant funding, adopted Resolution 260-23 pledging a local match estimated at $19,012,000.00 toward the activity as identified in the application using General Obligation bonds or a State Revolving Fund loan as the source for the expenditure, and WHEREAS, the grant application requires further specifying the breakdown of debt funding between General Obligation bonds and the State Revolving Fund loan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1 . Pledges the amount of$19,012,000.00 with $16,412,000.00 from GO Bonds and $2,600,000.00 from a State Revolving Fund loan, if in fact, the Disaster Relief Opportunity grant is awarded by the Economic Development Administration. SECTION 2. Authorizes the City Manager to act as an authorized representative on the City's Economic Development Administration Fiscal Year 2018 Disaster Supplemental grant application and may execute any documents as the Economic Development Administration may reasonably request. Passed, adopted, and approved this 5th day of September 2023. Brad M. .y..,argh, Mayor Attest: Trish L. Gleason, Assistant City Clerk