PROCEEDINGS TO SET DATE FOR HEARING AND LETTING
Second Street Reconstruction
Monticello, Iowa
April 4, 2011
The City Council of the City of Monticello, Iowa, met at the Monticello Renaissance Center, Community Media Room, Monticello, Iowa, on April 4, 2011, at 6:00 o’clock p.m. The Mayor Pro Tem presided and the roll being called, the following named Council Members were present and absent:
Present: Dave Goedken, Gerald Muller, Gregg Merfeld, Chris Lux and Tom Yeoman
Absent: None.
The Council took up and considered the proposed 20112nd Street Reconstruction Project. Council Member Goedken introduced the resolution next hereinafter set out and moved its adoption, seconded by Council Member Merfeld. After due consideration thereof by the Council, the Mayor Pro Tem put the question on the motion and the roll being called, the following named Council Members voted:
Ayes: Goedken, Merfeld, Lux, Yeoman, Muller and Sauser
Nays: None.
Whereupon, the Mayor Pro Tem declared the said motion duly carried and the said resolution adopted, as follows:
RESOLUTION NO. 11-45
To provide for a notice of hearing on proposed plans, specifications, form of contract and estimate of cost for the 2011 2nd Street Reconstruction Project, and the taking of bids therefor
WHEREAS, the City Council (the “Council”) of the City of Monticello, Iowa (the “City”), has determined that it is necessary and desirable that a public improvement be constructed as described in the proposed plans and specifications and form of contract prepared by Snyder & Associates, Inc., the Project Engineers for such public improvement, which may be hereafter referred to as the “2011 2nd Street Reconstruction Project” (and is sometimes hereinafter referred to as the “Project”), which proposed plans, specifications and form of contract and estimate of cost are on file with the City Clerk; and
WHEREAS, it is necessary to fix a time and place of public hearing on the proposed plans, specifications and form of contract and estimate of cost for the Project and to advertise for sealed bids for the Project;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Monticello, Iowa, as follows:
Section 1. The detailed plans and specifications, notice of hearing and notice to bidders, form of contract and estimate of cost referred to in the preamble hereof are hereby approved.
Section 2. The Project is necessary and desirable for the City, and it is in the best interests of the City to proceed toward the construction of the Project.
Section 3. The amount of the bid security to accompany each bid is hereby fixed at
5% of the total amount of the proposal.
Section 4. The City Council hereby delegates to the City Clerk the duty of receiving, opening and announcing the results of all bids for the construction of the Project, on the 26th day of April, 2011, at 2:00 o’clock p.m., at the Monticello Renaissance Center, Monticello, Iowa. The 2nd day of May, 2011, at 6:00 o’clock p.m., at the Monticello Renaissance Center, Monticello, Iowa, is hereby fixed as the time and place of hearing on the proposed plans, specifications, form of contract and estimate of cost for the Project and also as the time and place of considering bids received by the City Clerk in connection therewith.
Section 5. The City Clerk is hereby authorized and directed to give notice of the hearing and taking of bids by publication of such notice in a newspaper of general circulation in the City, which publication shall be made not less than 4 nor more than 20 days prior to the date for receipt of bids and the time of the said hearing. The said notice shall be in the form substantially as attached to this resolution.
Section 6. All provisions set out in the following form of notice are hereby recognized and prescribed by this Council and all resolutions or orders or parts thereof, to the extent the same may be in conflict herewith, are hereby repealed.
Passed and approved April 4, 2011.
John Sauser, Mayor Pro Tem
Attest:
Sally Hinrichsen, City Clerk
NOTICE OF HEARING AND LETTING
NOTICE OF PUBLIC HEARING ON PROPOSED PLANS AND SPECIFICATIONS, PROPOSED FORM OF CONTRACT AND ESTIMATE OF COSTS FOR 2011 2ND STREET RECONSTRUCTION AND THE TAKING OF BIDS FOR SUCH CONSTRUCTION.
NOTICE IS HEREBY GIVEN that the Council of the City of Monticello in Jones County, Iowa will meet in the Monticello Renaissance Center, 220 East First Street, Monticello, Iowa 52310, on the 2nd day of May, 2011 at 6:00 P.M. and will hold a public hearing on the proposed plans, specifications, form of contract and estimated cost for the construction of the 2011 2ND STREET RECONSTRUCTION. At said public hearing, any interested persons may appear and state or file objections to the proposed plans, specifications, form of contract or estimated cost for this project, and the City Council will consider all objections to said items and hear interested persons. Thereafter, the City Council will enter its decision on the plans, specifications, form of contract and estimated cost by resolution.
NOTICE IS ALSO HEREBY GIVEN that sealed bid proposals will be received by the City of Monticello in Jones County, Iowa, City Hall, 220 East First Street, Monticello, Iowa 52310, until 2:00 P.M. on the 26th day of April, 2011 relating to the supplying of all labor, equipment, tools and materials necessary for the construction of said projects and work incidental thereto as hereinafter generally described and as detailed in the proposed plans and specifications and form of contract for said 2011 2ND STREET RECONSTRUCTION now on file in the office of the City Clerk, and will be opened, announced and tabulated at that time.
The City Council will consider said proposals and take appropriate action thereon at the City Council meeting on the 2nd day of May, 2011 at 6:00 P.M. or adjournment thereof.
The work generally includes furnishing all labor, materials, and equipment necessary for the construction of 5,300 SY of 7”, 8” and 12” PCC pavement including curb and gutter, 1,200 SY of miscellaneous PCC driveways and sidewalks, 1,800 LF of 15” to 36” storm sewer, 900 LF of 8” PVC sanitary sewer with associated manholes, 1,000 LF of 8” PVC water main with associated fire hydrants and valves, pedestrian ramps, and other miscellaneous work associated with construction projects.
NOTE: PROJECT IS EXEMPT FROM SALES TAX. THE CITY WILL PROVIDE A “SALES TAX EXEMPTION CERTIFICATE” AND THE COST OF SALES TAX, INCLUDING LOCAL OPTION TAX, SHALL NOT BE INCLUDED IN THE BID.
All work and materials are to be in strict compliance with plans and specifications prepared by the Engineer and Project Manager, Snyder & Associates, Inc. of Cedar Rapids, Iowa, which together with the proposed form of contract have heretofore been tentatively approved by the City Council of Monticello for the sole purpose of enabling the immediate solicitation of bids as required by law, and are now on file for public examination in the Office of the City Clerk of Monticello and are by this reference made a part hereof as though fully set out and hereby incorporated herein.
All proposals and bids in connection therewith shall be submitted to the City Clerk on or before the time and date specified above. All proposals shall be made on official Bid proposal forms furnished by the Engineer, and must be enclosed in a separate sealed envelope and plainly identified and addressed to Monticello City Clerk, 200 East First Street, Monticello, Iowa 52310.
Each proposal shall be accompanied by a bid bond or cashiers or certified check or credit union certified share draft in a separate sealed envelope in the amount equal to five percent (5%) of the total amount of the proposal. If a bid bond is submitted, it must be on the form provided with the Contract Documents. The certified or cashiers check shall be drawn on a bank in Iowa or a bank chartered under the laws of the United States of America; the certified share draft shall be drawn on a credit union in Iowa or credit union chartered under laws of the United States of America; and such check or draft shall be made payable to the Treasurer of the City of Monticello. The bid bond, cashiers check, certified check or certified share draft are provided as security to the City that if the Bidder is awarded a contract by resolution of the City Council, the Bidder will enter into a contract in the form provided by the City at the prices bid and furnish the required performance and payment bond.
The certified or cashiers check or certified share draft may be cashed, or the bid bond forfeited, and the proceeds retained as liquidated damages, and not as a penalty, if the Bidder fails to execute the contract or furnish an acceptable performance and payment bond on the forms provided in the Contract Documents or provide a certificate of insurance within ten (10) days after the acceptance of his proposal by resolution of the City Council. No Bidder may withdraw a proposal within forty-five (45) days after the date set for opening bids without consent of the City Council.
Preference shall be given to domestic construction materials by the contractor, subcontractors, materialmen, and suppliers in performance of the contract and, further, by virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa statutes.
The contract will be awarded to the lowest responsible bidder. The successful Bidder shall furnish to the City a performance bond in an amount equal to one hundred percent (100%) of the contract price, guaranteeing faithful performance of the contract and guaranteeing the completed project against defective workmanship and materials for a period of four (4) years from and after completion and acceptance by the City. The successful Bidder shall also provide a payment bond in an amount equal to one hundred percent (100%) of the contract price guaranteeing payment of all persons supplying labor and materials, or both, in the execution of the work provided for in the contract.
Payment to the Contractor will be made in cash from funds as may be legally used for such purposes.
Payment to the Contractor will be made in monthly estimates and one final payment. Monthly estimates will be equivalent to ninety-five percent (95%) of the contract value of the work completed during the preceding calendar month. Estimates will be prepared on the first day of each month by the Contractor, subject to the approval of the Engineer, who will certify each approved estimate to the City Council on or before the tenth (10th) day of the 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.
Final payment to the Contractor shall be made not earlier than 30 (thirty) days after final acceptance of the work by the City and receipt of all documents required in the Supplemental General Conditions contained in the contract documents. No such partial or final payment will be due until the Contractor has certified that the materials, labor and services involved in each instance have been paid for in accordance with the requirements stated in the specifications.
The work under the contract shall commence on or after the date specified in a written “Notice to Proceed”. Substantial completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated about is hereby established as September 15, 2011, which is also the date of commencement of applicable warranties required by the Contract Documents. All bid items must be complete by this date. Liquidated damages in the amount of $500.00 per calendar day will be assessed for each calendar day that the Project is not deemed substantially complete after the end of the Contract Period.
“Bidders Proposals”, plans and specifications, and Contract Documents may be obtained from Snyder & Associates, Inc., 5005 Bowling Street SW, Suite A, Cedar Rapids, Iowa, 52404 upon payment of $60.00.
The City Council hereby reserves the right to reject any and all bids and to waive informalities and irregularities and award a contract as deemed to be in the best interest of the City.
Published upon order of the City Council.
CITY OF MONTICELLO, IOWA
BY
John Sauser, Mayor Pro Tem
ATTEST
Sally Hinrichsen, City Clerk
• • • •
On motion and vote, the meeting adjourned.
John Sauser, Mayor Pro Tem
Attest:
Sally Hinrichsen, City Clerk
STATE OF IOWA
COUNTY OF JONES SS:
CITY OF MONTICELLO
I, the undersigned, City Clerk of the City of Monticello, Iowa, do hereby certify that the transcript hereto attached is a true and correct and complete copy of all the records of the City relating to fixing a time and place of hearing on proposed plans, specifications, and form of contract, and estimated cost for the construction of the 2011 2nd Street Reconstruction Project and the taking of bids therefor and directing publication of notice of the time and place fixed therefor.
WITNESS MY HAND this ____ day of _________________, 2011.
Sally Hinrichsen, City Clerk
(PLEASE NOTE: Do not date and return this certificate until you have received the publisher’s affidavit and have verified that the notice was published on the date indicated in the affidavit but please return all other completed pages to us as soon as they are available.)
STATE OF IOWA
COUNTY OF JONES SS:
CITY OF MONTICELLO
I, the undersigned, City Clerk of the City of Monticello, Iowa, do hereby certify that pursuant to the resolution of its Council fixing a date of hearing on the proposed plans, specifications and form of contract and estimated cost for the 2011 2nd Street Reconstruction Project, and the taking of bids therefor, the notice, of which the printed slip attached to the publisher’s affidavit hereto attached is a true and complete copy, was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City.
WITNESS MY HAND this ____ day of ________________, 2011.
Sally Hinrichsen, City Clerk
(Attach here publisher’s affidavit of publication of notice of hearing and letting.)
February 25, 2009
Doug Herman
City Administrator/City Hall
200 E 1st Street
Monticello, IA 52310-1501
Re: 2009 South Cedar Street Reconstruction Project
Our File No. 435926-22
Dear Doug:
Pursuant to information provided to us by Snyder & Associates, we have prepared and enclose the necessary proceedings to enable the City Council to act, at the February 26, 2009 meeting, to set a date, time and place for a hearing and letting for the 2009 South Cedar Street Reconstruction Project Project.
The materials enclosed include the following items:
1. Resolution setting the date for the hearing and letting and approving the form of notice of hearing on proposed plans, specifications, proposed form of contract and estimated cost and notice to bidders.
The notice of hearing and letting prepared by the engineer follows the resolution.
2. Certificate attesting to the transcript.
3. Certificate covering publication of the notice of hearing and letting, to which the publisher’s proof of publication, together with a clipping of the notice as published, should be attached.
The notice of hearing and letting must be published once in a newspaper of general circulation in the City. The publication should be not less than 4 nor more than 20 days before both the date set for hearing and the date set for receiving bids. In computing time, the date of the publication should be excluded. An extra copy of the notice is enclosed for delivery to the publisher. As soon as the notice appears in the newspaper, please fax a copy to our office at (515) 283-1060.
Please return one fully executed copy of these proceedings to our office.
We will prepare and forward to you in time for the March 16 meeting the necessary proceedings to conduct the hearing, report the bids, award and approve the contract for this project.
If you have any questions, please contact me.
Best regards,
John P. Danos
Enclosures
cc: Sally Hinrichsen
Andy Burke