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.