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University Ave Embankment Stabilization Pro. D~B~E ~~~ MEMORANDUM ..J September 27,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: University Avenue Embankment Stabilization Project City Engineer Gus Psihoyos is recommending the initiation of the public bidding process and approval of construction documents and probable cost estimates for the University Avenue Embankment Stabilization Project. He further recommends a public hearing be set for November 6, 2006. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer i5ii~~E ~ck~ MEMORANDUM September 26, 2006 FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer .Y.~ University Avenue Embankment Stabilization Project Iowa DOT No. ER 2100 (636)--8R-31 CIP No. 3001080 TO: SUBJECT: INTRODUCTION The enclosed resolutions authorize the public bidding procedure for the University Avenue Embankment Stabilization Project. BACKGROUND The project site is located in the 3300 block of University Avenue. On May 22, 2004 heavy rains resulted in a flooding event that adversely affected approximately 500 feet of embankment on the north side of University Avenue. The existing creek located along the bottom of the slope became flooded and caused the toe of the slope to erode, which caused the embankment slope to fail. The failed slope is in a near vertical position which has encroached within approximately four feet of the existing curb line at several locations. Within the road right-of-way there are several existing underground and overhead utilities in the immediate area of the embankment failure. These utilities are main service lines for much of the west end of Dubuque. The owners of the utilities expressed concern that it is not possible to temporarily relocate these service lines. Since the slope failure damages to University Avenue occurred on a minor arterial, as per the Federal Functional Classification System map for Dubuque, repairs are not FEMA eligible. Thus the City submitted a Detailed Damage Inspection Report and requested approval for Federal ER Funding to complete the permanent repair work. In January 2006, the City received notification that the FHWA has reviewed the Betterment Cost Justification and has approved the use of ER program funding for the University Avenue Embankment Stabilization Project. DISCUSSION Due to the high average traffic volumes on University Avenue and the proximity of the many utilities to the embankment it is necessary to. determine a method to protect the area with a permanent type repair. The University Avenue Embankment Stabilization Project shall provide for the relocation and realignment of the existing stream away from the existing embankment toe of slope. A new embankment will be constructed to create a more stable 2.5:1 slope. The plans provide for the placement of stabilization stone and riprap on the embankment slope which will reinforce and prevent future erosion and scour. The project will also require the removal and replacement of existing curb and gutter, asphalt pavement and guardrail. RIGHT-Of-WAY ACQUISITION Due to the limited right-of-way adjacent to the project site and the need to relocate the existing stream to accommodate the construction of the armored slope which required the acquisition of property from the abutting property owners. Permanent construction I maintenance easements were acquired from two land owners. PROJECT SCHEDULE The schedule for the project is as follows: Iowa DOT Advertisement for Bids Local Initiate Public Bidding Process Local Publication of Iowa DOT Advertisement of Bids Iowa DOT Bid-Letting Notice of Public Hearing on Plans and Specifications City Public Hearing City Award of Contract (Subject to DOT Approval) Iowa DOT Late Start Date Iowa DOT Working Days RECOMMENDATION September 20,2006 October 2, 2006 October 6, 2006 October 17, 2006 October 20, 2006 November 6, 2006 November 6, 2006 April 30, 2007 45 Working Days I recommend that the City Council give approval to the construction documents and the estimate of probable cost and to establish November 6, 2006 as the date of the public hearing. BUDGET IMPACT The estimate of probable cost for the University Avenue Embankment Stabilization Project is summarized as follows: Construction Contract Contingency Right-of-Way Acquisition Engineering Design Project Administration Construction Engineering & Inspection Total Project Cost Estimate $ 415,000 41,500 15,360 22,936 20,000 20,000 $ 534.796 The project funding summary is as follows: Total Project Funding Fund Amount $ 299,712 $ 245,000 ~ 544.712 CIP No. Fund Description Federal Emergency Relief (ER) Funding 3001080 University Slope Failure The City has budgeted funds for the project (University Slope Failure CIP - 3001080) that will be used as the local match and for expenses that are not eligible for ER participation, such as consultant services, construction engineering and inspection, and right-of-way acquisition. ACTION TO BE TAKEN The City Council is requested to approve to the construction documents and the estimate of probable cost and to establish November 6, 2006 as the date of the public hearing for the University Avenue Embankment Stabilization Project (ER 2100 (636)-- 8R-31). Prepared by Robert Schiesl, Assistant City Engineer cc: Dawn Lang, Budget Director Ken Vanna, Local Systems Engineer, Iowa DOT Roger Walton, District Staff Engineer, Iowa DOT RESOLUTION NO. 491-06 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 University Avenue Embankment Stabilization Project (ER 2100 (636)- -8R-31) in the estimated amount of $534,796.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 492-06 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 University Avenue Embankment Stabilization Project (ER 2100 (636)--8R-31). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 6th day of November, 2006, 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 October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 493-06 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the University Avenue Embankment Stabilization Project (ER 2100 (636)--8R-31) 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 by the Iowa Department of Transportation by 10 a.m. Central Time on the 17th day of October, 2006. Bids shall be opened and read by the Iowa Department of Transportation at 10:30 a.m. Central Time on the 17th day of October, 2006, and will be submitted to the Council for final action at 6:30 p.m. on the 6th day of November, 2006. Passed, adopted and approved this 2nd day of October ,2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk eanne 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 University Avenue Embankment Stabilization Project (ER 2100 (636)--8R-31). NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimate of cost for the University Avenue Embankment Stabilization Project (ER 2100 (636)--8R-31), in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m., on the 6th day of November, 2006, in the Public Library Auditorium, 360 West 11th Street, in Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimate of cost are now on 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 improvements. 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 ,2006. day of Jeanne F. Schneider, CMC, City Clerk NOTICE TO BIDDERS STATE OF IOWA - Sealed bids will be received on October 17, 2006 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A,M., CT, for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until naon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bjds during regular business hours 7:30 a.m. to 4:30 p,m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for a two-hour period prior to the deadline for submission of bids, In the case of disruption of national communications or loss of services by WW'W.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless othelWise specified by the Iowa Department of Transportation All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422,42(16), 422.42(17) and 422.47(5). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations' Posted on the Internet at www.bidx.comllowa Available in the Iowa Department of Transportation's "Weekly Letting Report" Available by calling the Office of Contracts of the Iowa Department of Transportation at 515~239-1414 Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications However, this does not apply to projects off the Federal-Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. l. 87-581 and Implementing regulations. By virtue of statutory authority. a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OffiCE OF CONTRACTS TElEPHONE: 515-239-1414 Bid Order: 303 No DBE Goal Work Type: EMERGENCY REPAIR - EROSION Guarantee: $25,000.00 Projcct(s): DUBUQUE -- ER-2100 (636)--8R-31 UNIVERSITY AVENUE EMERGENCY REPAIR - EROSION SLIDE AREA