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Carter Rd Detention Basin ProjMEMORANDUM August 29, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Carter Road Detention Basin Project Initiation Assistant City Engineer Gus Psihoyos recommends that a public hearing be set for October 6, 2003 for bid award for the Carter Road Detention Basin Project. Veenstra & Kimm, Inc. has finished the plans and specifications for the proposed detention basin. The earthen dam will be approximately 350-feet long and 40-feet high with 3:1 side slopes. As approved by the City Council in July, the dam principal spillway will be a 15-inch conduit and a 24-inch gated conduit. The h[gh flow outlet is a 48-inch diameter riser p~pe that is approximately 37-feet high. A 350-foot long asphalt access road is included to provide access to the outlet structure for operation and maintenance needs. In addition, the project includes the reconstruction of the sanitary sewer under the proposed dam because the original sewer was not designed for the depth that will result when the embankment is completed. The proposed sanitary sewer will be constructed in such a manner to prevent future sewer maintenance needs. While there is an outside chance that the detention basin could be functional prior to spring 2004 rainstorms, the Engineering Department and V&K believe a completion date prior to June 30, 2004 would result in a significant increase m the cost of construction. However. the Engineering Department recommends that the project include an incentive bonus for the contractor to complete all work prior to June 30. 2004. This bonus would amount to $750,000 per calendar day for each day the project ~s completed before the June 30~ 2004 date. The maximum incentive would be $67 500.00 (90 bonus days). In addition, we are including a $750.00 liquidated damages for every day beyond the June 30, 2004 deadline that the project is not complete. V&K is anticipating that the appropriate authorities will grant all permits by November 17, 2003. If permits are not in the City's hands and authorization for the contractor to begin work is not granted by that date, the contract deadline and bonus incentive would be adjusted accordingly. Assistant City Engineer Gus Psihoyos is further recommending that a request be made to IDNR for an out-of-order review to expedite this project. I concur with the recommendation and respectfully request Mayor and City Council approval. Milligen MCVM/ksf Attachment cc: Barry Lindahl. Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoys, Assistant City Engineer MEMORANDUM August 29, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Gus Psihoyos, Assistant City Engineer Carter Road Detention Basin Project Initiation INTRODUCTION The enclosed resolutions authorize the bidding procedure for the construction of the Carter Road Detention Basin. BACKGROUND In December of 2001, the City Council adopted the Drainage Basin Master Plan (DBMP) produced by HDR Engineenng. The DBMP addresses drainage issues in two major watersheds in Dubuque, the North Fork Catfish Creek and Bee Branch watersheds, recommending over $24 million in improvements. The first recommended improvement to be constructed was the NW Arterial Detention Basin located in the North Fork Catfish Creek watershed. The detention basin was fully operational prior to the spdng rainstorm of 2002. With the adoption of the Fiscal Year 2004 Capital Improvement Budget, the City Council established funding for the Carter Road Detention Basin in the Bee Branch watershed. In May of 2003, the City Council approved the selection of Veenstra & Kimm, nc. to provide engineering and design services for the Carter Road Detention Basin project. In July of 2003 the City Council approved the outlet structure design for the Carter Road Detention Basin. DISCUSSION Veenstra & Kimm, Inc. has finished the plans and specifications for the proposed detention basin. The earthen dam will be approximately 350-feet long and 40-feet high with 3:1 side slopes. As approved by the City Council in July, the dam principal spillway will be a 15-inch conduit and a 24-inch gated conduit. The high flow outlet is a 48-inch diameter dser pipe that is approximately 37-feet high. A 350-foot long asphalt access road is included to provide access to the outlet structure for operation and maintenance needs. In addition, the project includes the reconstruction of the sanitary sewer under the proposed dam because the original sewer was not designed for the depth that will result when the embankment is completed. The proposed sanitary sewer will be constructed in such a manner to prevent future sewer maintenance needs, n addition to the sewer that is immediately ,mpacted by the embankment, other sanitary sewers within the detention basin flooding limits will be reviewed to see if any modifications are needed to prevent infiltration and inflow of stormwater into the sanitary sewer. Depending on the condition of the existing sanitary sewer, some of the work might have to be completed before the detention basin ~s fully operational. These costs will be funded from the Infiltration and Inflow (l&l) Reduction Program with a balance of $234,000. Although engineering firms advised that a fall 2003 deadline is not doable due to easement acquisitions; permitting from DNR and other associated agencies; and the need for suitable construction conditions in the fall, the request for proposals outlined the City's goal to have the detention basin operational prior to spring 2004 rainstorms. Although V&K has been in constant contact with the DNR, getting input and feedback throughout the design phase of the project, the DNR requires completed plans and specifications prior to review. Plans and specifications will be submitted on September 3, 2003 with a request for an "out of sequence" review. It will take between 30 to 60 days to obtain a permit from the DNR and construction of the Carter Road Detention Basin cannot proceed until the DNR permit is obtained. Attached is a letter to the DNR requesting that this project be g~ven "out of order" review based on the flooding potential that exists for the approximately 1,200 properties downstream of the proposed detention basin. If an "out of order' review is granted, it could help the City reach its initial goal to have the basin operational by spring 2004. While there is an outside chance that the detention basin could be functional pdor to spnng 2004 rainstorms, the Engineering Department and V&K believe a completion date prior to June 30, 2004 would result in a significant increase in the cost of construction. However, the Engineenng Department recommends that the project include an incentive bonus for the contractor to complete all the work pdor to June 30, 2004. This bonus would amount to $750.00 per calendar day for each day the project is completed before the June 30' 2004 date. The maximum incentive would be $67,500.00 (90 bonus days). In addition, we are including a $750.00 liquidated damages for every day beyond the June 30, 2004 deadline that the project is not complete. V&K is anticipating that the appropriate authorities will grant ali permits by November 17, 2003. If permits are not in the City's hands and authorization for the contractor to begin work is not granted by that date the contract deadline and bonus incentive would be adjusted accordingly. The schedule for the project is as follows: Advertisement for Bids Notice of Public Headng Receipt of Bids Public Headng Award of Contract Completion September 5, 2003 September 26, 2003 September 30, 2003 October 6, 2003 October 6, 2003 June 30, 2004 BUDGETIMPACT The estimate for this project is as follows: Construction Contract Contingency Engineedng Property and Easement Acquisitions Potential Maximum Bonus 687,590.00 68,759.00 132,000.00 150,000.00 67,500.00 Total Project Cost 1,105,849.00 The project will be funded from the storm sewer construction fund from the Fiscal Year 2004 appropriation of $875,000. The remaining amount of $230,849.00 will be funded from the repdoritization of the Windsor Avenue Storm sewer project ($142,000) and Terminal Street storm sewer project ($72,000) which engineering will recommend to be re-budgeted. The remaining $18,849 will be funded from the General Storm Sewer Construction Fund. ACTION TO BE TAKEN Engineering respectfully requests that the City Council establish the date of public hearing, authorize the City Clerk to advertise for proposals through the adoption of the enclosed resolutions, and endorse the "out of order" request to the DNR be submitted along with the plans and specifications on September 3, 2004. CC: Michael Koch, Public Works Director Pauline Joyce, Administrative Services Manager Deron Muehring, Civil Engineer II Leo Foley, Project Engineer for Veenstra & Kimm /dP / EMBANKMENT ' SITE LOCATION MAP NOT TO SCALE NORTH CARTER ROAD DETENTION BASIN ~~ -- s~ -~ ~',~ EXHIBIT RESOLUTION NO. 308-03 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the proposed plans, specifications, form of contract and estimated cost for the Carter Road Detention Basin Project, in the estimated amount $1,105,849.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd Attest: Jeanne F. Schneider, CMC, City Clerk day of September, 2003. Terence M. Duggan, Mayor RESOLUTION NO. 309-03 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Carter Road Detention Basin Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 6~h day of October, 2003, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of 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 not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 2nd day of September , 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~.~eanne F. Schneider, CMC, City RESOLUTION NO. 310-03 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Carter Road Detention Basin Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that 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 as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 30~ day of September, 2003. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 6th day of October, 2003. Passed, adopted and approved this 2nd day of September , 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the Car[er Road Detention Basin Project: Ear[hen dam that will be 350 feet long and 40 feet high with 3:1 sideslope; dam principal spillway that will be 15-inch conduit and a 24-inch gated conduit; high flow outlet that includes a 48-inch diameter riser p~pe that is approximately 37 feet high; a 350-foot asphatt access -oad; and the reconstruction of sanitary sewer. NOTICE IS HEREBY GIVEN: The City Council of Dubuque, iowa will hold a public hearing on the proposed ptans, specifications, form of contract and estimate of cost for the Car[er Road Detention Basin Project, in accoraance with the prowsions of Chapter 384, City Code of Iowa, at 6:30 p.m., on the 6th day of October, 2003, in the Public Library Auditorium, 360 West 11 TM Street, in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now c ~ file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto or to the cost of the -nprovements. Any visual or hearing-impaired persons needing special assistance or persons with speciat 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 ,2003. d ay of Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO, RESOLUTION ADOPTING PLANS AND SPEC1FICATIO NS Whereas, on the 27m day of August, 2003, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Carter Road Detention Basin Project. Whereas, notice of headng on plans, specifications form of- contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the- plans, specifications, form of contract and estimated cost for said improvements for said oroject. Passed, adopted and approved this day of ,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE TO BIDDERS OF THE RECEIPT OF BIDS FOR THE CARTER ROAD DETENTION BASIN PROJECT Sealed proposals will be received by the City Clerk of the City of Dubuaue, Iowa, at the Office of City Clerk in City Hall no later than 2:00 o'clock p.m. on the 30th day of September, 2003, for the construction of Carter Road Detention Basin Project. Copies of the plans and specifications may be obtained in the City Engineer's office at City Hall. No plan deposit is required. Payment to the contractor will be made from funds as may be legally used for such purposes. All work herein provideC for shall be commenced within ten (10) days after the Notice To Proceed has been issued, and shall be fully completed by the 30m day of June, 2004, All bids must be submitted on the Bid Form bound in the specifications. Each bid shall be accompanied by a satisfactory Bid Bond executed by the Bidder and an acceptable surety; or a cashier's or certified check payable to the City Treasurer. City of Dubuc de. drawn on a bank in Iowa or a bank chartered under the laws of the United States, in the amount of ten percent (10%) of the bids submitted as security that the bidder will enter into a contract for doing the work and will give bond with proper securities for the faithful performance of the contract in the form at[ached to the specifications. The successful bidder will be required to furnish a performance bond in an amount equal to one hundred percent (100%) of the contract price. Said bond is to be issued by a responsible surety company approved and acceptable to the City Council, and shall guarantee the faithful performance of the contract and terms and conditions therein contained, and shall guarantee the prompt payment of all. materials and labor and protect and save harmless the City of Dubuque, Iowa, from claims and damages of any kind caused by the operations of the Contractor. Said Bond shall also guarantee the material and the maintenance of the improvement(s) constructed for a mimmum period of two (2) years from and after its completion and acceptance by the City Council. No bid submitted by any Contractor which contains a condition or qualification shall be recognized or accepted by the City Council and any letter or communication accompanying the bid which contains a condition or qualification upon the bid which has the effect of qualifying or modifying any provision of the specifications [n any manner will be construed as a non-qualifying bid anc will be rejected by the City Council as not responsive. All proposals must be made on blanks furnished by the City Engineer and each bidder will be required to state his prices for doing all the items in each section on which he makes a bid and for all things necessary to make a complete job. The Bidder's attention is directed to the City of Dubuque's Affirmative Action Program which is included in the Contract Specifications and the provisions thereof and hereby made a part of the Contract Documents by reference and incorporated therein. The Contractor. when requested by the City of Dubuque, will furnish a statement of his financial and practical qualifications as provided for in the General Requirements of the Specifications. By virtue of statutory authority, a preference wilt be given to products and provisions grown and coal produced within the State of Iowa and to iowa Domestic Labor. The City Council reserves [he right to reject any and all bids or to waive any technical ties and irregularities. All bids will be publicly opened and read by the City Clerk au 2:00 O'clock p.m. on the 30t~ day of September, 2003, and will be submitted to the City Council for final action at a meeting [o be held in the Public Library Auditorium. 360 West 11TM Street, at said City at 6:30 p.m. on the 6t" day of October, 2003. A contract will be awarded at that time or such subsequent time as the City may determine. Published by order of the City Council of the City of Dubuque, Iowa and dated this of ,2003. Jeanne F. Schneider, CMC, City Clerk CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES Work herein provided for shall be commencec within the (10) days after notice to proceed has been issued and shall be fully completed by June 30, 2004. For each calendar day that any work shall remain uncompleted beyond the completion schedule, $750.00 per calendar day will be assessed, not as a penalty but as predetermined and agreed liquidated damages. The contractor will be separately invoiced for this amount, and final payment will be withheld until payment has been made of this invoice. The assessment of liquidated damages shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the contractor to carry out the terms of his contract. An extens'on of the contract pedod may be granted by the City for any of the following reasons: 1. Additional work resulting from a modification of the plans. 2. Delays caused by the City. Other reasons beyond the control of the Contractor, which in the City s opinion, would justify such extension. Engineering Division Gty Hall 50 West ~[3th S~reet Dubuque. IA 52001-4864 (563~ 589-4270 office f563 589~205 fax September 3, 2003 Dave Allen Iowa Department of Natural Resources Water .Resources Section Wallace State Office Building Des Moines, Iowa 50319 DUBUQUE, IOWA CARTER ROAD DETENTION BASIN DAM FLOOD PLAIN REVIEW Enclosed 'ts a copy of the Joint Application for protecting Iowa Waters and two sets of plans and specifications for construction of the earthen dam that will create the Carter Road Detention Basra. The City is aware that the review period for the dam could-take 90 days or more. However, there is 1200 homes in the downstream valley that remain at risk of flooding without this project. Since the design is complete we would like to award the project this fall and have it constructed as soon as possible. Our intent is to have the dam in place next spring if we get a mild winter. Therefore the City of Dubuque respectfully requests an "out of sequence" review of the plans and specifications for the Carter Road Detention Basin. Thank you for your consideration of this request. Sincerely, Terrance M. Duggan, Mayor Service Paople lntegziby Responsibility Innovation Teamwork