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HomeMy WebLinkAbout2021-07-19-Resolution 2021-321_Set Public Hearing Date, Little Walnut Creek North Trunk Sewer Extension Phase 1 CompletionRESOLUTION 2021-321 RESOLUTION ORDERING CONSTRUCTION OF THE LITTLE WALNUT CREEK NORTH TRUNK SEWER EXTENSION - PHASE 1 COMPLETION, AND FIXING A DATE FOR HEARING THEREON AND TAKING OF BIDS THEREFOR WHEREAS, on July 12, 2021, the City Council approved and adopted the recommendation of the Engineer for the Walnut Creek North Trunk Sewer Extension Phase 1 project to place the contractor for said project, Priority Excavating, LLC and its Surety, United Fire and Casualty Company, on notice that Priority Excavating, LLC is in default of the Contract dated January 18, 2021; and WHEREAS, the City provided a Notice of Default to the Contractor and Surety on July 13, 2021, providing seven (7) days for cure of default, up to and including July 20, 2021; and WHEREAS, in the event said default as set forth in the City's Notice is not cured by July 20, 2021, the City Council deems it advisable and necessary for the City to complete the construction of certain public improvements described in general as the Little Walnut Creek North Trunk Sewer Extension - Phase 1 Completion; and WHEREAS, the City has caused to be prepared plans, specifications and form of contract, together with estimate of cost, which are now on file in the office of the City Clerk for public inspection, for the construction of the public improvements; and WHEREAS, the plans, specifications and form of contract are deemed suitable for the making of the public improvements; and WHEREAS, before the plans, specifications, form of contract and estimate of cost may be adopted, and a contract for the construction of the public improvements is entered into, it is necessary, pursuant to Chapter 26, Code of Iowa, to hold a public hearing and to advertise for bids: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1. That if the events of default set forth in the July 12, 2021 Resolution and July 13, 2021 Notice of Default are not cured by July 20, 2021, it is hereby determined that it is necessary and advisable to construct certain public improvements described in general as the Little Walnut Creek North Trunk Sewer Extension - Phase 1 Completion, in the manner set forth in the plans and specifications and form of contract, above referred to, the cost thereof to be paid in accordance with the provisions as set out in the posted Notice to Bidders and published Notice of Public Hearing; the public improvements being more generally described as follows: Construct Little Walnut Creek North Trunk Sewer Extension — Phase 1 Completion including all labor, materials and equipment necessary for approximately 3,100 linear feet of 24-inch diameter sanitary sewer in open cut and installed within existing casing pipe, 90 linear feet of 24-inch diameter sanitary sewer augured in steel casing, manholes, excavation and backfill, surface restoration and miscellaneous associated work, including cleanup. Section 2. That the amount of the bid security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders approved as a part of the specifications. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to post a notice to bidders once in a relevant contractor plan room service with statewide circulation and a relevant construction lead generating service with statewide circulation and on an internet site sponsored by either the City or a statewide association that represents the City. Posting shall be not less than thirteen clear days nor more than forty-five days prior to August 4, 2021, which is hereby fixed as the date for receiving bids. The bids are to be filed prior to 2:00 P.M., on such date. The City Council hereby delegates to the City Administrator or his designee the duty of receiving, opening and tabulating bids for construction of the Project. Bids shall be received and opened as provided in the public notice and the results of the bids shall be considered at the meeting of this Council on August 9, 2021, at 5:30 P.M. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to publish notice of hearing once in a legal newspaper, printed wholly in the English language, published at least once weekly and having general circulation in this City. Publication shall be not less than four clear days nor more than twenty days prior to the date hereinafter fixed as the date for a public hearing on the plans, specifications, form of contract and estimate of costs for the project, the hearing to be at 5:30 P.M. on August 9, 2021. PASSED AND APPROVED this 19th day of July, 2021. ATTEST: 6 P�Xv 0. AA'�td City Clerk RESULTS OF VOTE: AYE Anna Bergman Pierce R. Charles Bottenberg Chris Crone X Larry R. Lyon X Ben Sinclair X �l Mayor NAY ABSENT X X ABSTAIN