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HomeMy WebLinkAbout2016-04-18-H03 Fox Creek Park Phase I - PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 18, 2016 AGENDA ITEM: On proposed plans, specifications, form of contract and estimate of cost [Fox Creek Park Phase I Improvement Project] FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The Fox Creek Park Phase One improvements includes earthwork and grading, concrete paving walks, installing site amenities including a drink fountain and associated utilities. Installation of park site amenities such as entry signs, seeding and landscaping. The project is located at 522 NE Westgate Drive, Waukee, IA 50263. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold Public Hearing. ATTACHMENTS: I. Notice of Hearing and Letting II. Whitfield & Eddy Law letter – 04/11/2016 PREPARED BY: Matt Jermier REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: 03/24/2016, 03/312016 NHL-1 NOTICE TO BIDDERS AND NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, PROPOSED FORM OF CONTRACT AND ESTIMATE OF COST FOR FOX CREEK PARK PHASE ONE IMPROVEMENT PROJECT FOR THE CITY OF WAUKEE, IOWA, AND THE TAKING OF BIDS THEREFOR Sealed bids will be received by the City Clerk of the City of Waukee, Iowa, in the City Hall, 230 West Hickman Road, Waukee, Iowa, before 2 P.M. on the 6th day of April, 2016, for the construction of the Fox Creek Park Phase One Improvement Projects now on file in the office of the City Clerk at City Hall. Proposals will be opened and the amount of the bids announced by the above official at the time and date specified above. A pre-bid meeting will be held at Waukee Public Works, 805 University Avenue, Waukee, IA 50263 on March 29th at 2:00pm. At 5:30 P.M. on the 18th day of April, 2016, the City Council of Waukee, Iowa will, in the Council Chambers, 230 West Hickman Road, Waukee, Iowa 50263, hold a public hearing and said Council proposes to adopt the plans, specifications, form of contract and estimate of cost and, at the time, date and place specified above, or at such time, date and place as then may be fixed, to act upon proposals and enter into a contract for the construction of said improvements. The work to be done is as follows: The Fox Creek Park Phase One improvements includes earthwork and grading, concrete paving walks, installing site amenities including a drink fountain and associated utilities. Installation of park site amenities such as entry signs, seeding and landscaping. The project is located at 522 NE Westgate Drive, Waukee, IA 50263. All work and materials are to be in accordance with the plans, form of contract, and estimate of cost now on file in the office of the City Clerk at City Hall, and by this reference made a part thereof as though fully set out and incorporated herein. At said hearing, the City Council will consider the plans and specifications and proposed form of contract for the project, the same now being on file in the office of the City Clerk at City Hall, reference to which is made for a more detailed and complete description of the proposed improvements, and at said time and place the Council will also receive and consider any objections to said plans, specifications, estimate of cost and form of contract made by any interested party. All proposals in connection therewith shall be submitted to the above named official of said City on or before the time herein set for receiving bids. All proposals shall be made on official bidding blanks furnished by the City, and any alterations in the official form of proposal will entitle the Council, at its option, to reject the proposal involved from consideration. Each proposal shall be sealed and plainly identified. Each proposal shall be made out on a blank form furnished by the municipality and must be accompanied in a sealed envelope by either (1) a certified or cashier’s check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an NHL-2 amount equal to ten percent (10%) of the bid, or (2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the penal sum of ten percent (10%) of the bid. The bid security should be made payable to THE CITY OF WAUKEE, IOWA. The bid security must not contain any conditions either in the body or as an endorsement thereon. The bid security shall be forfeited to the City as liquidated damages in the event the successful bidder fails or refuses to enter into a contract within ten (10) days after the award of contract and post bond satisfactory to the City insuring the faithful fulfillment of the contract and the maintenance of said work, if required, pursuant to the provisions of this notice and other contract documents. Bidders shall use the bid bond form found in the specifications. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa. 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 allowed 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. The Council reserves the right to reject any or all bids and to waive informalities or technicalities in any bid. The Council reserves the right to defer acceptance of any proposal for a period not to exceed thirty (30) calendar days from the date of receipt of bids. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment for all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operations of the Contractor, and shall guarantee the work against faulty workmanship and materials for a period of two (2) year/s after its completion and acceptance by the City Council. The work for the project will commence within ten (10) days after written Notice to Proceed. Fox Creek Park trail portion shall be complete, usable, and open to the public use by August 15, 2016. The park shall be substantially completed by September 15, 2016 and 100% completed by November 1st, 2016. Damages in the amount of seven hundred and fifty dollars ($750.00) per calendar day will be assessed for each day the work shall remain uncompleted in accordance to the dates provided above and after the end of the final contract period at the sole discretion of the City which at the option of the City may be deducted from any retainage prior to release, the final payment NHL-3 to contractor, or through the commencement of a cause of action by the City, in the City’s sole discretion. The selection by the City of any particular course of action hereunder is not exclusive and shall not preclude the pursuit of additional remedies by the City. In the event the City institutes legal proceedings, the Contractor shall be responsible for any and all attorney’s fees and expenses. Sales Tax Exemption. Contractors and subcontractors shall not include sales tax for material purchases. At the time of the contract acceptance by the City Council, the prime contractor and all subcontractors will be issued a certificate of exemption. Payment to the Contractor for said construction will be made from one or any combination of the following resources: (1) cash on hand as may be legally used for such purposes, (2) cash derived from the proceeds of the sale and issuance of General Obligation Bonds of the City, or any combination thereof. Payment to the Contractor will be on the basis of monthly estimates equivalent to ninety-five percent (95%) of the contract value of the work completed and payments made to material suppliers for materials ordered specifically for the project or delivered to the site during the preceding calendar month. Estimates will be prepared on the last day of each month by the Contractor, subject to the approval of the Landscape Architect, who will certify to the City for payment each approved estimate on or before the tenth (10th) day of the following month. Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally completed. Upon completion of the work and its acceptance by the City Council, the Contractor will be paid an amount which, together with previous payments, will equal ninety-five percent (95%) of the contract price of the contract. The balance due the Contractor will be paid, subject to the conditions and in accordance with the provisions of Chapters 26 and 573 of the Code of Iowa, as amended. No such partial or final payments will be due until the Contractor has certified to the City that the materials, labor and services involved in each estimate have been paid for in accordance with the requirements stated in the specifications. Plans and specifications governing the construction of the proposed improvements, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice and the proposed contract by reference and the proposed contract shall be executed in compliance therewith. Copies of said plans and specifications are now on file in the office of the City Clerk in City Hall and at Genus Landscape Architects, 325 East 5th Street, Des Moines, IA 50309, for examination by bidders. 30” X 42” copies of the plans may be obtained by contacting Beeline and Blue at 515- 244-1611 or visiting their online plan room at www.beelineandblue.com and clicking on the ePlanroom link. Questions regarding the project may be directed to Brett Douglas, Landscape Architect, at Genus Landscape Architects, 325 East 5th Street, Des Moines, IA 50309, Ph: 515-284-1010. This notice is given by order of the Council of the City of Waukee, Iowa. CITY OF WAUKEE, IOWA William F. Peard, Mayor ATTEST: Rebecca D. Schuett, City Clerk