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Upper Bee Branch Creek Channel, Streets and Utilities Project_Initiate Copyright 2014 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Upper Bee Branch Creek Channel, Streets and Utilities Project SUMMARY: City Manager recommending authorizing the public bidding process and establish a public hearing for April 20, 2015 for the Upper Bee Branch Creek — Channel, Street and Utilities Project. RESOLUTION Upper Bee Branch Creek — Channel, Streets, & Utilities 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 DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Upper Bee Branch Creek Project-MVM Memo City Manager Memo ❑ Staff memo Staff Memo ❑ Attachment Supporting Documentation ❑ Notice of Public Hearing Supporting Documentation ❑ Notice to Bidders Supporting Documentation ❑ Resolution Resolutions THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Upper Bee Branch Creek Restoration Project DATE: April 1, 2015 City Engineer Gus Psihoyos is recommending City Council authorize the public bidding process and establish the date of a public hearing for the Upper Bee Branch Creek — Channel, Street and Utilities Project. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Deron Muehring, Civil Engineer THE CITY OF DubuyUe DUBEARAmedeaChy Masterpiece ott the Mississippi 21107.2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: March 30, 2015 SUBJECT: Upper Bee Branch Creek Restoration Project, Initiate Bidding on the Upper Bee Branch Creek— Channel, Streets, & Utilities Project (CIP#7201654 & 3401654) INTRODUCTION The purpose of this memorandum is to seek authorization to initiate the public bidding process and establish the date of a public hearing for the Upper Bee Branch Creek — Channel, Streets and Utilities Project. BACKGROUND Since 1999 there has been six Presidential Disaster Declarations which included the Bee Branch Creek Watershed. The Drainage Basin Master Plan, completed and adopted by the City Council in 2001, established that there are more than 1,100 properties at risk of flood damage as a result of the flash flooding. Based on a subsequent study in 2009 by the Federal Emergency Management Agency (FEMA), there are 1,373 properties in the flood prone area. In addition to homes, there are over 70 businesses in the at-risk area with over $500 million in annual sales. Eighty -five percent (85 %) of the impacted properties have buildings that are potentially eligible for listing on the National Register of Historic Places, the official list of the Nation's historic places worthy of preservation. In fact, fifty-seven percent (57%) of the buildings are more than 100 years old. 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. Since 2001, the City has implemented many of the improvements outlined in the Drainage Basin Master Plan. But since 2001 several intense, storm events have occurred in the Dubuque metropolitan area so that revisiting the predicted hydrology and hydraulic behavior of the Bee Branch Watershed was appropriate. Over a twelve year period starting in 1999, there have been three 100-year storms, two 50-year storms, one 25-year storm, and one 10-year storm. Finally, it is important to consider how additional flood mitigation efforts undertaken by the City since 2001 fit with the overall effort to mitigate flooding. Therefore, work began to update/amend the Drainage Basin Master Plan. On November 18, 2013 the City Council passed Resolution 335-13 adopting the 2013 Drainage Basin Master Plan Amendment. The 2013 Amendment did not replace the 2001 Drainage Basin Master Plan. Instead, it built upon its foundation. The amended Drainage Basin Master Plan 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 Bee Branch Watershed Flood Mitigation Project outlined in Table 1 below. Table 1. Twelve phases of the Bee Branch Watershed Flood Mitigation Project Phase Description 1 Carter Road Detention Basin Complete 2 West 32nd Street Detention Basin Complete 3 Historic Millwork District Complete 4 Lower Bee Branch Creek Restoration Functional 5 Flood Mitigation Gate Replacement 6 Impervious Surface Reduction (Green Alleys) Under Construction 7 Upper Bee Branch Creek Restoration Under Design 8 22nd Street Storm Sewer Improvements 9 Flood Mitigation Maintenance Facility 10 North End Storm Sewer Improvements 11 Water Plant Flood Protection 12 17th Street Storm Sewer Improvements With a total estimated cost of$179 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. That represents a return on investment of roughly $3 for each $1 spent. On November 18, 2013 the City Council adopted Resolution 336-13, approving the City's application for$98,494,178 in state sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project. In addition, the City Council passed Resolution 337-13 establishing that the City would provide up to $76,678,802 of local monies to be used to meet the match requirement for the City's receipt of the $98.5 million in state sales tax increment funding. The local match was to be provided from three sources: the Stormwater Utility fee, grants that the City already has acquired, and assessments associated with the construction of pervious (green) alleys. The local match also includes $13 million in City expenditures associated with the completion of the first three phases of the 12-Phase Project. The Bee Branch Watershed Flood Mitigation Project represents a multi - phased, fiscally responsible investment. It 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. 2 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. This funding will allow much of the protection to be provided over the next six years, instead of over the next 20 years (only some of the 240 alleys will take up to 20 years). On February 3, 2014 the City Council adopted Resolution 31-14 authorizing the execution of an agreement with the State of Iowa Flood Mitigation Board and authorizing the City's use of sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project. The City will be seeking an amendment at the April 13, 2015 Flood Board Meeting to help to minimize borrowing. On March 5, 2014 the City Council passed Ordinance 16-14 establishing the stormwater utility fee rate structure necessary to fund the various phases and improvements associated with the Bee Branch Watershed Flood Mitigation Project. The result was that the lowering of rates previously established by Ordinance 21-12 in Fiscal Years 2015, 2016, 2017, 2018, 2019, 2020, and 2021. A comparison the current Stormwater Utility rates established via Ordinance 16-14 to the previously adopted rates established via Ordinance 21-12 are outlined in Table 2 below. Table 2. Comparison of the current Stormwater Utility rates established via Ordinance 16-14 to the previously adopted rates established via Ordinance 21-12. FY22 FY15 FY16 FY17 FY18 FY19 FY20 FY21 & Beyond Rates Established by Ordinance $8.00 $8.50 $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 21-12 A Current Rates Established by Ordinance $5.98 $6.38 $6.81 $7.27 $7.76 $8.29 $8.85 $9.00 16-14 DISCUSSION The Upper Bee Branch Creek Restoration Project (Phase 7 of the Bee Branch Watershed Flood Mitigation Project) will be constructed through multiple contracts with the Upper Bee Branch Creek— Channel, Streets, & Utilities Project as the first. As the name suggests, the improvements associated with this contract are generally associated with the channel grading, the reconstruction of streets, and the relocation of City utilities [storm sewer, sanitary sewer, and water main] from Garfield Avenue to 24th Street. The grading work involves the removal and hauling away of roughly 200,000 cubic yards of soil to create the 2,000-foot long creek and flood plain area. Some of the 3 excess soil can be hauled and placed at the Technology Park to expand buildable area. Additional excess soil can be hauled and placed in the Port of Dubuque to enhance the outdoor concert space along 5th Street. These options are available to the contractor if they do not have a more economical place to waste dirt. To create the design flood capacity, creek construction includes the installation of retaining walls at various points along the length of the project. The creation of the flood plain involves the planting of over 300,000 square feet of vegetative surface restoration and the planting of over 550 trees and shrubs. The streets to be reconstructed as part of the project include Garfield Avenue at Kniest Street, Kniest Street between Rhomberg Avenue and Lincoln Avenue, Lincoln Avenue near Kniest Street, and finally 24th Street between Washington Street and Prince Street. Limited portions of Rhomberg Avenue and 22nd Street will also be reconstructed where they intersect the creek corridor. Prince Street, between 22nd Street and 24th Street, will be resurfaced as part of the project with new curb and gutter. The streets used as truck routes will be evaluated for maintenance or replacement upon project completion. The utility work will include the relocation/reconstruction of roughly 4,000 feet of 8-inch through 36—inch sanitary sewer and roughly 3,000 feet of 6-inch through 20-inch water main at various locations. Storm sewer relocation includes roughly 3,000 linear feet of 12-inch through 72-inch storm sewer sizes. Included in the storm sewer work is the installation of baffle boxes at locations where storm sewers are to discharge into the proposed creek. The purpose of the baffle box system is to capture trash, yard waste, and sediment in the storm sewer and prevent it from entering into the creek. The location of each collection system is such that it can be easily accessed by city maintenance equipment for the collection and proper disposal of waste material. This will help minimize long term maintenance costs. Additional site work associated with this contract includes the installation of over 10,000 feet of conduit and fiber, over 60 lights, over 50 security cameras, drinking fountains, bike racks, benches, and interpretive signs. Attachment A illustrates the elements of the overall Upper Bee Branch Creek Restoration Project to be constructed as part of the Upper Bee Branch Creek— Channel, Streets, & Utilities Project contract. PROJECT SCHEDULE The schedule for the Upper Bee Branch Creek— Channel, Streets, & Utilities Project is as follows: Initiate Public Bidding Processing: April 6, 2015 Advertisement for Bids: April 10, 2015 Publish Notice of Hearing on Plans & Specifications: April 10, 2015 Public Hearing: April 20, 2015 Receipt of Bids: May 7, 2015 4 Award of Contract: May 18, 2015 Notice to Proceed: June 1, 2015 Construction Substantially Complete (functional): December 31, 2016 Construction Complete: June 1, 2017 RECOMMENDATION I recommend that the City Council establish the date for the public hearing and authorize the City Clerk to advertise for proposals for the Upper Bee Branch Creek— Channel, Streets, & Utilities Project. BUDGETIMPACT The estimate of probable costs for the Upper Bee Branch Creek— Channel, Streets, & Utilities Project is as follows: Construction $18,518,300 Contingency 925,915 Engineering 2,916,632 Total Project Cost $22,360,847 The project will be funded by the Fiscal Year 2016 appropriation in the amount of $43,359,000 for the Bee Branch Creek Restoration Project— Phase 4 and Phase 7 of the Bee Branch Watershed Flood Mitigation Project [CIP#7201654]. The $98,494,178 in sales tax increment funding from the state as part of the State Flood Mitigation Program will not be disbursed in one lump sum nor will it be disbursed as the City incurs expenses. Instead, the City is to receive the funding over a twenty-year period starting in 2014. The legislation enacting the program recognized that the issuance of debt might be required in order to immediately realize the flood mitigation improvements. In fact, a new type of revenue bond was born, a sales tax increment revenue bond. The funding plan associated with the City's application for $98.5 million in State aid, the outlined that the City would issue up to $90.1 million in debt. The table below reflects the debt presented in Table C-7 of the City's application. Previously Future Debt Issued Issuance General Obligation Bonds $16,503,604 $31,724,000 U.S. EPA Clean Water SRF $19,010,295 $30,154,872 Sales Tax Increment Revenue Bond - $28,257,938 Total Debt Financing $35,513,899 $90,136,810 5 In accordance with the adopted Fiscal Year 2016 budget, the Upper Bee Branch Creek Restoration Project will be funded through the issuance of debt. All of the debt will be retired utilizing the schedule of annual payments of sales tax increment from the state. If the improvements were to be funded without issuing additional debt, the Upper Bee Branch Creek Restoration Project would not be complete until Fiscal Year 2038. Because the going interest rate for debt is on par with inflation, the overall cost of the project will not increase due to the issuance of debt. REQUESTED ACTION I respectfully request adoption of the attached resolutions establishing the date of the public hearing and authorizing the City Clerk to advertise for proposals for the Upper Bee Branch Creek— Channel, Streets, & Utilities Project. Attach. Prepared by Deron Muehring, Civil Engineer II Cc: Barry Lindahl, City Attorney Teri Goodmann, Assistant City Manager Jenny Larson, Budget Director Ken TeKippe, Finance Director Marie Ware, Leisure Services Manager Don Vogt, Public Works Director Laura Carstens, Planning Services Manager Steve Brown, Project Manager Deron Muehring, Civil Engineer II Randy Gehl, Public Information Officer Kristin Hill, Bee Branch Communications Specialist 6 UpperBeeBrmc to Lower Bee Branch to be constroocted as part of mother contract. too hi PnCe _ !` St�eej , , l� ii�l � � .� i W � ��� ( �� � •goy iC � � :6 i.,___LI � ' f� ' 11 4r ry � loll FO!" 7tId � . , IIS■ IIII�?� � � , All -/, \_ �jm _lam' �f �I .�• 06 mow 46, 14Fr AV Prepared by: Deron Muehring, City Hall, 50 W 13th Street, Dubuque IA 52001 563-589-4270 RESOLUTION NO. 108-15 UPPER BEE BRANCH CREEK— CHANNEL, STREETS, & UTILITIES 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 AS FOLLOWS: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek — Channel, Streets & Utilities Project in the estimated amount of $18,518,300, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 20th day of April, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers 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. Section 3. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 7th day of May, 2015. 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 18th day of May, 2015, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 6th day of April, 2015. Attest: Trish L. Gleason, Assistant City Clerk y D. Buol, Mayor NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE: UPPER BEE BRANCH CREEK — CHANNEL, STREETS, & UTILITIES 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 Upper Bee Branch Creek — Channel, Streets & Utilities Project, in accordance with the provisions of Chapter 26, Code of Iowa, at 6:30 p.m., on the 20th day of April, 2015, in the Historic Federal Building Council Chambers (second floor), 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: Project consists of 2,000 LF of storm water conveyance channel with roughly 200,000 CY of unclassified excavation; 30,000 SF of granite rock bottom; roughly 10,000 VSF of limestone channel walls; traffic control, dewatering, soil retention, baffle boxes, fencing, removal and stockpiling of contaminated soil and water; storm water pumping stations including pumps, controls piping and gates; 6-inch through 20-inch water main at various locations; roughly 4,000 LF of 8-inch through 36—inch sanitary sewer; roughly 3,000 LF of 12-inch through 72-inch storm sewer sizes; roughly 15,000 VSF of segmental block retaining wall with railing, biofiltration areas; roughly 8,000 LF of concrete curb and gutter, concrete pavement, asphalt pavement, PCC sidewalk, flag poles, drinking fountains; roughly 300,000 SF of vegetative surface restoration, trees, shrubs; roughly 25,000 SF of porous brick surfaces; electrical and lighting components including over 20,000 LF of conduit; wiring; over 60 light poles; handholes; cabinets and controls; security system including over 10,000 LF of conduit and cable; over 50 cameras; emergency telephones; and handholes. 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 day of 2015. Trish L. Gleason, CMC, Asst. City Clerk NOTICE TO BIDDERS CITY OF DUBUQUE PUBLIC IMPROVEMENT PROJECT UPPER BEE BRANCH CREEK — CHANNEL, STREETS, AND UTILITIES PROJECT Time and Place for Filing Sealed Proposals. Sealed bids for the work comprising each improvement as stated below must be filed before 2 P.M. on May 7, 2015, in the Office of the City Clerk, City Hall - First Floor, 50 West 13th Street, Dubuque, Iowa. Time and Place Sealed Proposals Will be Opened and Considered. Sealed proposals will be opened and bids tabulated at 2:05 P.M. on May 7, 2015, at City Hall - Conference Room A, 50 West 13th Street, Dubuque, Iowa, for consideration by the City Council (Council) on May 18, 2015. The City of Dubuque, Iowa, reserves the right to reject any and all bids. Time for Commencement and Completion of Work. Work shall be commenced after Notice to Proceed has been issued and shall be fully completed in accordance with the requirements listed in the Agreement. Bid Security. Each bidder shall accompany its bid with a bid security as security that the successful bidder will enter into a contract for the work bid upon and will furnish after the award of contract a corporate surety bond, acceptable to the governmental entity, for the faithful performance of the contract, in an amount equal to one hundred percent of the amount of the contract. The bid security shall be in the amount of 10 percent (10%) of the amount of the contract and shall be in the form of a cashier's check or certified check drawn on a state-chartered or federally chartered bank, or a certified share draft drawn on a state-chartered or federally chartered credit union, or the governmental entity may provide for a bidder's bond with corporate surety satisfactory to the governmental entity. The bid bond shall contain no conditions except as provided in this section. Contract Documents. Bids are to be addressed to the City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 , and shall be marked "Sealed Bid— Upper Bee Branch Creek—Channel, Streets, and Utilities." Digital project bidding documents are available at www.strand.com or at www.citvofdubuque.org or at www.guestcdn.com. Download the digital plan documents by inputting the Quest project number on the website's Project Search page. Please contact QuestCDN.com at (952) 233-1632 or info 0-guestcd n.com for assistance in free membership registration, downloading, and working with this digital project information. Bidding Documents may be reviewed and paper copies may be obtained from the Issuing Office which is Strand Associates, Inc., 910 West Wingra Drive, Madison, Wisconsin 53715. Overnight mailing of Bidding Documents will not be provided. A refundable fee of$50 is required. Bidders who submit a Bid must be Plan Holder of record at the Issuing Office. Bids from Bidders who are not on the Plan Holders List may be returned as not being responsive. Plan Holders are required to provide an e—mail address if they wish to receive addenda and other information electronically. Plan Holders are requested to designate whether they are a prime contractor, subcontractor, or supplier if they want this information posted on the project Plan Holders List. No Bid will be received unless accompanied by a cashier's, certified or bank check or a Bid Bond equal to at least 10 percent of the maximum Bid, payable to the OWNER as a guarantee that after a Bid is accepted, Bidder will execute and file the Agreement, 100% Performance and Payment Bonds, plus provide insurance certificates and sales tax exemption certificate within 15 days after the Notice of Award. The City of Dubuque reserves the right to reject any or all Bids, to waive any technicality, and to accept any Bid which it deems advantageous. All Bids shall remain subject to acceptance for 55 days after the time set for receiving Bids. Contract award shall be made based on the lowest responsive and responsible Bidder. Any Contract to be awarded for this project is expected to be funded entirely or in part by a loan from Iowa Clean Water State Revolving Fund. This procurement will be subject to regulations contained in appropriate State Statutes and 40 CFR Parts 31 , 33, and 35 of the Federal Statutes. Any Contract to be awarded for this project will be funded in part by a grant from the United States Economic Development Administration. As a result, all work shall be completed in accordance with the United States Economic Development Administration regulations including applicable Davis-Bacon Wage Rates. Women and Minority—owned businesses are encouraged to submit Bids for this Project. Bidders must demonstrate positive efforts to utilize women's and minority owned businesses. This procurement will be subject to regulations contained in 40 CFR 35.3145(d), and P.L. 102-389 and 100-590. In addition, Bidder shall comply with Executive Orders 11625, 12138, and 12432. General Nature of Public Improvement Upper Bee Branch Creek — Channel, Streets, and Utilities Project Project consists of 2,000 LF of storm water conveyance channel with roughly 200,000 CY of unclassified excavation; 30,000 SF of granite rock bottom; roughly 10,000 VSF of limestone channel walls; traffic control, dewatering, soil retention, baffle boxes, fencing, removal and stockpiling of contaminated soil and water; storm water pumping stations including pumps, controls piping and gates; 6-inch through 20-inch water main at various locations; roughly 4,000 LF of 8-inch through 36—inch sanitary sewer; roughly 3,000 LF of 12-inch through 72-inch storm sewer sizes; roughly 15,000 VSF of segmental block retaining wall with railing, biofiltration areas; roughly 8,000 LF of concrete curb and gutter, concrete pavement, asphalt pavement, PCC sidewalk, flag poles, drinking fountains; roughly 300,000 SF of vegetative surface restoration, trees, shrubs; roughly 25,000 SF of porous brick surfaces; electrical and lighting components including over 20,000 LF of conduit; wiring; over 60 light poles; handholes; cabinets and controls; security system including over 10,000 LF of conduit and cable; over 50 cameras; emergency telephones; and handholes. Sales Tax. The bidder should not include State of Iowa sales tax in its bid. A sales tax exemption certificate will be available for all material purchased in Iowa for incorporation in the project. Pre-Bid Construction Conference. A Pre-Bid Conference will be held on April 23, 2015 at 9 A.M. in the Dubuque Municipal Services Center. Attendance by Bidders is mandatory. Published in the Telegraph Herald, April 10, 2015.