Upper Bee Branch Creek Structures Project_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Upper Bee Branch Creek Structures 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 — Structures Project.
RESOLUTION 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 Structures Project-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Attachment Supporting Documentation
❑ Resolution Resolutions
❑ Notice of Public Hearing Supporting Documentation
❑ Notice to Bidders Supporting Documentation
THE CITY OF Dubuque
UBE I
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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 Structures Project
DATE: April 2, 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 —
Structures 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 r' _ DubuqueDU B E AA-AmealcaNy
11111.1
Masterpiece ort the Mississippi '14111;.2012,2013
TO: Michael C. Van Milligen, City Manag r-�
r
FROM: Gus Psihoyos, City Engineer 1
DATE: March 30, 2015
SUBJECT: Upper Bee Branch Creek Restoration Project, Initiate Bidding on the
Upper Bee Branch Creek— Structures 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—
Structures 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.
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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
Current Rates
Established by $5.98 $6.38 $6.81 $7.27 $7.76 $8.29 $8.85 $9.00
Ordinance
16-14 - f
DISCUSSION
The Upper Bee Branch Creek Restoration Project (Phase 7 of the Bee Branch
Watershed Flood Mitigation Project) will be constructed through multiple contracts. The
Upper Bee Branch Creek — Structures Project is one of the first two contracts.
The improvements associated with this contract are generally associated with the
construction of major structures, the most visible being the Rhomberg Avenue and the
22nd Street bridges. The work includes the construction of the 18-foot wide by 8-foot tall
underground box culverts where the Bee Branch sewer will be rerouted from
Washington Street, under 24th Street, and discharge into the proposed creek. It includes
reconstruction of a portion of the 10-foot wide by 6-foot tall storm sewer that directs
stormwater from the storm sewer line that runs up 24th Street to Windsor Avenue. The
3
work includes the construction of the structure at 24th Street where the stormwater will
discharge from the Bee Branch sewer into the Bee Branch Creek, as well as, the
structure at Garfield Avenue where the creek will flow under Garfield Avenue and
ultimately through the railroad property into the Lower Bee Branch Creek.
Attachment A illustrates the more noteworthy elements of the Upper Bee Branch Creek
— Structures Project contract.
PROJECT SCHEDULE
The schedule for the Upper Bee Branch Creek— Structures 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: April 30, 2015
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
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—
Structures Project.
BUDGET IMPACT
The estimate of probable costs for the Upper Bee Branch Creek Restoration —
Structures Project is as follows:
Construction $5,482,900
Contingency 274,145
_Engineering 863,557
Total Project Cost $6,620,602
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
4
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
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
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 — Structures 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
5
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Prepared by: Deron Muehring, City Hall, 50 W 13th Street, Dubuque IA 52001 563-589-4270
RESOLUTION NO. 109-15
UPPER BEE BRANCH CREEK — STRUCTURES 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 — Structures Project in the estimated amount of
$5,482,900, 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 30th day of April,
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
4./
"by D. Buol, Mayor
NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE: UPPER BEE BRANCH CREEK
— STRUCTURES 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 — Structures 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 the construction of a
variety of cast-in-place concrete structures including a connection structure and
inlet structure, the Rhomberg Bridge, 22nd Street Bridge, Headwater Overlook, 18'
x 8' CIP box culvert, 10' x 6' CIP box culvert, aeration structure, three-baffle box
vaults, storm sewer vaults, channel piers, and two kiosks. Excavation, dewatering,
soil retention, backfill and restoration for this work will be completed by others
under the Upper Bee Branch Creek — Channel, Streets, & Utilities Project (Contract
1-2015).
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 6th day of April, 2015
/s/Trish L. Gleason, Assistant City Clerk
1t 4/10
NOTICE TO BIDDERS
CITY OF DUBUQUE PUBLIC IMPROVEMENT PROJECT
UPPER BEE BRANCH CREEK — STRUCTURES
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
April 30, 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 April 30, 2015 at City
Hall - Conference Room B, 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 substantially
complete on or before December 1 , 2016 and that final completion will be on
or before May 1 , 2017.
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 excepted 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 - Structures."
Completed digital project bidding documents are available at www.strand.com 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 aguestcdn.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 and at IIW, P.C., 4155 Pennsylvania Avenue,
Dubuque, IA 52002. Overnight mailing of Bidding Documents will not be
provided. A refundable deposit of $50 is required. Deposit will be refunded to all
plan holders returning documents within 30 days of the Bid opening.
All Bidders submitting a sealed Bid shall obtain the Bidding Documents from
Quest CDN.com or from Strand Associates, Inc.
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 requested 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 and 100% Performance and Payment Bonds 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 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.
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 — Structures
Project consists of the construction of a variety of cast-in-place concrete
including connection structure, inlet structure and Rhomberg Bridge, 22nd Street
Bridge, Headwater Overlook, 18' x 8' CIP box culvert, 10' x 6' CIP box culvert,
aeration structure, three-baffle box vaults, storm sewer vaults, channel piers, and
two kiosks. Excavation, dewatering, soil retention, backfill and restoration for this
work will be completed by others under the Upper Bee Branch Creek — Channel,
Streets, & Utilities Project, Contract 1-2015.
Preference for Iowa Products and Labor. By virtue of statutory authority, a
preference will be given to products and provisions grown and coal produced
within the State of Iowa.
Reciprocal Resident Bidder and Resident Labor Force Preference.
In accordance with Iowa statutes, a resident bidder shall be allowed a preference
as against a nonresident bidder from a state or foreign country if that state or
foreign country gives or requires any preference to bidders from that state or
foreign country, including but not limited to any preference to bidders, the
imposition of any type of labor force preference, or any other form of preferential
treatment to bidders or laborers from that state or foreign country. The
preference shall be equal to the preference given or required by the state or
foreign country in which the nonresident bidder is a resident. In the instance of a
resident labor force preference, a nonresident bidder shall apply the same
resident labor force preference to a public improvement in this state as would be
required in the construction of a public improvement by the state or foreign
country in which the nonresident bidder is a resident.
Failure to submit a fully completed Bidder Status Form with the bid may result in
the bid being deemed nonresponsive and rejected.
Sales Tax. The bidder should not include sales tax in its bid. A sales tax
exemption certificate will be available for all material purchased for incorporation
in the project.
Pre-Bid Construction Conference. A Pre-Bid Conference will be held on
April 16, 2015 at 9:00 A.M. in the Dubuque Municipal Services Center.
Attendance by Bidders is optional.
Published in the Telegraph Herald, April 10, 2015.