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Eagle Pt Rock Bluff Stabilization Pro.THE CnY OF DuB E MEMORANDUM December 11, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Initiation of the Eagle Point Bluff Scaling & Tree Removal Project CIP 1021825 In October the City Council initiated the public bidding process for the Eagle Point Bluff Scaling and Tree Removal Project with an October 26, 2006 date for receipt of bids. No bids were received on the project at that time. Engineering staff contacted three specialized contractors who routinely perform rock scaling operations, and they indicted that Dubuque's project is a small project and their workload made it impractical to pull crews from current jobs to perform the work on Dubuque's schedule. Two indicated that a better schedule would be after the first of the year and the third indicated that a March or April schedule would work best. City Engineer Gus Psihoyos recommends initiation of the bidding process for the Eagle Point Bluff Scaling & Tree Removal Project, and further recommends that a public hearing be set for February 5, 2007. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~,~ G ~ ~1r.~' Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer 'fHE CITY OF DuB E MEMORANDUM `~ December 11.2006 TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer SUBJECT: Initiation of the Eagle Point Bluff Scaling & Tree Removal Project CIP 1021825 INTRODUCTION The purpose of this memo is to seek authorization to initiate the public bidding procedure for the scaling of loose rock and tree removal from the brow of the Eagle Point Bluff (CIP 1021825). BACKGROUND On May 2, 2005, the City Council approved the selection of Kleinfelder, Inc. to provide professional consulting services for the Eagle Point Bluff Study. Kleinfelder found that there is a high level of risk of a large-scale failure; and the risk has been increased because of the 2003 excavation that steepened the slope from 75 to 80 degrees and increased the height from 35 to 60 feet. While they found no fault with the actual blasting operation, striking the rock face with a track hoe and wrecking ball "exacerbated the instability of the rock slope." Kleinfelder made recommendations to stabilize the bluff based on the use of the property below the bluff: commercial, residential, and undeveloped. Scaling loose rocks and removing trees from the brow of the bluff is recommended regardless of the use of the property below the bluff. In a letter from Kleinfelder dated January 16, 2006, Kleinfelder recommended that the City "scale the loose rocks from the complete bluff face to reduce the risk of rock fall and remove trees from the brow of the slope to reduce the prying action by trees" that can induce rock fall. In a letter dated March 6, 2006, Kleinfelder's presents its professional opinion that "there is a high probability that an additional rock fall event may occur." Although the City has implemented Kleinfelder's recommendations to have the area below the bluff fenced off to the public and Engineering regularly inspects the site, Kleinfelder asserts that the possibility of injury (from a rock fall) remains. They recommend that the City "scale the loose rocks from the rock cut ...and remove trees from the brow of the slope." In May of 2006, the City Council authorized hiring Kleinfelder & Associates to help develop bid documents to scale loose rocks and remove trees from the brow of the slope and inspect the work as it is pertormed. In October, the City Council initiated the public bidding process for the Eagle Point Bluff Scaling & Tree Removal Project. The schedule for the project would be as follows: Advertisement for Bids October 6, 2006 Notice of Hearing on Plans & Specifications October 20, 2006 Receipt of Bids October 26, 2006 Public Hearing November 6, 2006 Award of Contract November 6, 2006 Final Completion Date December 31, 2006 The engineer's estimate to do the scaling and remove the trees (prepared by Kleinfelder) is $61,000. No bids were received for the bid letting on October 26, 2006. DISCUSSION Engineering contacted three specialized contractors who routinely perform rock scaling operations: Hi-Tech Rockfall Construction (Forest Grove, Oregon), Janod, Inc. (Champlain, New York), and Yenter (Arvada, Colorado). To them, Dubuque's project is a small project. Their workload made it impractical to pull crews from current jobs to perform the work on Dubuque's schedule. Two indicated that a better schedule would be after the first of the year. The third indicated that a March or April schedule would work best. Therefore, the revised schedule for the project is as follows: Advertisement for Bids December 22, 2006 Notice of Hearing on Plans & Specifications December 22, 2006 Receipt of Bids January 16, 2007 Public Hearing February 5, 2007 Award of Contract February 5, 2007 Final Completion Date April 20, 2007 Two of the contractors indicated that they could not perform the work for, or near, the engineer's estimate. Based on their feedback, Engineering believes that this was due to the previous construction schedule and a lack of information about the construction site. Due to the nature of the "small" project, the contractors did not visit the site. Therefore, Engineering has added additional drawings and information to help the contractors understand the site conditions where they would perform the work. However, Engineering believes that the project estimate should be adjusted upward to reflect the issues and costs provided by the three contractors. The estimated unit cost for scaling has been increased from $200 to $400 per hour. The revised estimated cost to do the scaling and remove the trees is as follows: Construction (Scaling & Tree Removal) $49,950 Contingency 7,500 Engineering 15,000 Total Project Estimate $72,450 With the adoption of the FY2007 Capital Improvement Program Budget, $350,000 was set aside to stabilize the bluff if deemed appropriate by the City Council (CIP 1021825). RECOMMENDATION I recommend that the City Council establish the date for the public hearing, and authorize the City Clerk to advertise for bids for the Eagle Point Bluff Scaling & Tree Removal Project. BUDGET IMPACT With a cost estimate is $72,450, the project would be funded with the FY2007 Capital Improvement Program appropriation of $265,000 for the Eagle Point Bluff Stabilization Project (CIP 1021825). ACTION TO BE TAKEN I respectfully request adoption of the attached resolutions establishing the date for the public hearing and to authorize the City Clerk to advertise for bids. Prepared by Deron Muehring cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Deron Muehring, Civil Engineer II Attach. RESOLUTION NO. bon-o6 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 Eagle Point Bluff Scaling & Tree Removal Project in the estimated amount of $72,450.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this lath Attest: eanne F. Schneider, CMC, City Clerk day of December , 2006. ~~ oy D. Buol, Mayor RESOLUTION NO. 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 Eagle Point Bluff Scaling & Tree Removal 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 5~h day of February, 2007, 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 day of , 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE OF HEARING ON PLANS AND SPECIFICATIONS Notice of public hearing on the proposed plans and specifications, proposed form of contract and estimate of probable cost for the Eagle Point Bluff Scaling & Tree Removal Project: Proiect Description: The Eagle Point Bluff Scaling & Tree Removal Project will involve the scaling of loose rock from the complete bluff face and the removal of trees from the brow of the slope at Eagle Point Bluff. 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 Eagle Point Bluff Scaling & Tree Removal Project in accordance with the provisions of Chapter 384, City Code of Iowa, at 6:30 p.m., on the 5`h day of February, 2007, in the Public Library Auditorium, 360 West 11~h 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 day of 2006. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 605-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Eagle Point Bluff Scaling & Tree Removal 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 16th day of January, 2007. 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 5th day of February, 2007. Passed, adopted and approved this 18th day of December, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOTICE TO BIDDERS OF THE RECEIPT OF BIDS FOR THE EAGLE POINT BLUFF SCALING & TREE REMOVAL PROJECT Sealed proposals will be received by the City Clerk of the City of Dubuque, Iowa, at the Office of City Clerk in City Hall no later than 2:00 o'clock p.m. on the 16th day of January, 2007, for the Eagle Point Bluff Scaling & Tree Removal Project. The Eagle Point Bluff Scaling & Tree Removal Project will involve the scaling of loose rock from the bluff face and the removal of trees from the brow of the Eagle Point Bluff. Copies of the construction documents may be obtained in the City Engineer's office at the 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 provided for shall be commenced within ten (10) days after the Notice To Proceed has been issued, and shall be fully completed on or before April 20, 2007. All bids must be submitted on the Bid Proposal Form bound in the construction documents. 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 Dubuque, 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 attached to the construction documents. The successful bidder (Contractor) 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. The successful bidder (Contractor) will also be required to furnish a Payment Bond that will guarantee the prompt payment of all subcontractors, suppliers, materials, labor and protect and save harmless the City of Dubuque, Iowa, from claims and damages of any kind caused by the operations or non- payment on behalf of the Contractor. The Contractor and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase, or withdraw from inventory, materials furnished under for this project. 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 in any manner 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 will be given to products and provisions grown and coal produced within the State of Iowa and to Iowa Domestic Labor. The City Council reserves the 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 at 2:00 o'clock p.m. on the 16~h day of January, 2007, and will be submitted to the City Council for final action at a meeting to be held in the Public Library Auditorium, 360 West 11t" Street, at said City at 6:30 p.m. on the 5~" day of February, 2007. 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 , 2006. Jeanne F. Schneider, CMC, City Clerk CONSTRUCTION SCHEDULE AND LIQUIDATED DAMAGES All work herein provided for shall be commenced within ten (10) days after the Notice To Proceed has been issued, and shall be fully completed on or before April 20, 2007. For each calendar day that any work shall remain uncompleted beyond the specified completion date of April 20, 2007, a $500 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 extension of the contract period 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. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such extension.