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Home My WebLink About1988-519, 520 & 521-09.06.1988 CITY'S COPY (Contract No. 355) (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: September 6 and 12, 1988 Time of Meeting: 7 : 00 , P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: On the matter of the construction of the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) . - Opening of construction bids previously filed with the Clerk and referral to the Engineer for review. - Public hearing on the matter of adoption of plans, specifications , form of contract and estimate of costs. - Resolution adopting plans, specifications, form of contract and estimate of cost. - Public hearing on proposed resolution of necessity. - Resolution with respect to adopting resolution of necessity. - Report of Engineer regarding his recommendation as to the construction bids received. - Resolution making award of contract. - Resolution approving contract and bond. Such additional matters as are set forth on the addi- tional pages (s ) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21 , Code of Iowa, and the local rules of said governmental body. ‘,2 ATTORNEYS rEM(IlTJ oBai.r g e r,:/ • (Contract No. 355) September 6. & 12,1988 The City Council of Waterloo, Iowa, met in Regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 7 : 00 o 'clock 2 .M. , on the above date. There were present Mayor $ernard McKinley , in the chair, and the following named Council Members: Brown, Dell, Buck, Fox, Angel , Wright Absent: Budak * * * * * * * * * - 1 - AHLERS.COONEY.DORWEILER,HAYNIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA The Mayor announced that one of the purposes of the meeting was to open, consider and tabulate bids filed with the Clerk prior to 7: 00 o 'clock P.M. on this date, for the construc- tion of the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355 ) , in accordance with the published Notice of Hearing and Letting for said project. The following bids were thereupon opened, inspected and tabulated by the Clerk: Name & Address Of Bidder Amount Of Bid Aspro, Inc. and Subsidiary $39, 285. 20 Waterloo, IA The Mayor then stated the construction bids should be turned over to the Engineering Department for review, with instructions to report back to the Council on said bids with their recommendations, after the hearing on the Resolution of Necessity has ended, which hearing is also being held on this date. The Mayor then stated that this is also the time and place fixed for a public hearing on the matter of the adoption of plans , specifications, form of contract, and estimated cost for the construction of the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , and the Mayor called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. Council Member Fox introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Angel seconded the motion to adopt. The roll was called and the vote was, AYES: Brown, Dell, Buck, Fox, Angel, Wright ABSENT: U: Budak - 2 - AHLERS,COON El DORWWEILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,tOWA Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 1988-495 (CONTRACT NO. 355) RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the 18th day of August , 1988 , plans , specifications, form of contract and estimated cost were filed with the Clerk of Waterloo, Iowa, for the construction of the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , within the corporate limits; and WHEREAS, said plans and specifications are consistent and in compliance with the final grades heretofore established by ordinance for the road to be improved; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifica- tions, form of contract and estimated cost for said improve- ments for said project. PASSED AND APPROVED, this 6 th day of September 1988. fje„.-1,1,1,,et,,,e,C./ -e-e4A-r Mayor Bernard L. McKinley ATTEST: f / C1 k L ry Burger - 3 - MILERS,GOONEY.DOH WEILER.HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES.IOWA The Mayor then stated that the Council should proceed with holding the public hearing on the adoption of the Resolution of Necessity for the construction of the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) . The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) in the corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. Written and oral objections were then received or heard. Council Member Brown moved that the time for the receiving of objections be closed. Seconded by Council Member Angel . On vote, the motion was adopted. After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the pro- visions of Section 384. 51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally proposed. Council Member Brown introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) " and moved that it be adopted. Council Member Angel seconded the motion to adopt. The roll was called and the vote was , AYES: Brown, Dell, Buck, Fox, Angel, Wright ABSENT: NM= Budak Whereupon, the Mayor declared the following Resolution duly adopted: - 4 - AHLERS.COONEY.DORAEILER,HAYNIE.SMITHS ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA RESOLUTION NO. 1988-519 (CONTRACT NO. 355) RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) WHEREAS, this Council has proposed a Resolution of Necessity for the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: • Adopted, without amendment, and all : XX : objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of • Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. • Deferred for later consideration to a Council • meeting to be held on the day of , 1988, next, at o'clock M. , at this meeting place, with-juris- diction retained for further consideration and action at the adjourned meeting. • Abandoned. - 5 - MILERS.COONEY,DORWEILER,HAYNIE.SMITH&MLLREE ATTORNEYS AT LAW DES MOINES.IOWA PASSED AND APPROVED this 12th day of September 1988. 13,-e....--LMayor �~e"'�," ' ��t Bernard" 14. McKinley ATTEST: er Lar y Pf urger f lr' - 6 - AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES.IOWA EXHIBIT A (CONTRACT NO. 355) SCHEDULE OF AMENDMENTS TO THE RESOLUTION OF NECESSITY PROPOSED FOR THE WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) The Resolution of Necessity proposed for the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , is amended as follows: A. By eliminating therefrom the proposed improvements with locations following, to-wit : NONE B. By making changes in the preliminary plat and schedule of assessments as follows, to-wit: C. By amending said Resolution of Necessity, as follows, to-wit: I certify that the foregoing schedule lists all amendments to the Resolution of Necessity as adopted by the Council. ",„- Cle La y P urger - 7 - AHLERS,COONEY.LX)HWEILER,HAY\IN:,SMITH ALLBEE ATTORNEYS AT LAW DES MOINES.IOWA The Engineering Department then made an oral report to the Mayor and City Council as to the construction bids opened earlier this evening, together with their recommendations as to the award of a construction contract for said project. Council Member Fox moved and Council Member Wright seconded the motion as follows: • : XX To adopt the following resolution Making Award of Contract (s ) To defer bids for later consideration and action to a meeting to be held on the day of , 1988, next, at o 'clock .M. , at this meeting place, with jurisdiction retained over all bids received. The roll was called and the vote was , AYES: Brown, Dell, Buck, Fox, Angel, Wright ABSENT: pta jIcX Budak Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 1988-520 (CONTRACT NO. 355) RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That the following bid for the construction of the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , described in the plans and specifi- cations heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest responsible bid received for said work, as follows: - 8 - AHLERS.LOONEY.DORM"EILER,HAINIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES.IOWA Contractor: Aspro, Inc. & Subsidiary of Waterloo, Iowa Amount of bid: $ 39,285. 20 Portion of project: All Construction Work Section 2. That the Mayor and Clerk are hereby directed to execute contract with said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council; and provided, however, that said contract award shall also be conditioned upon the City receiving written approval of said award by appropriate Federal and/or State Agencies, if construction grants are to be received by the City for said improvements and if approval of said Agencies is required in the grant documents. PASSED AND APPROVED, this 12th day of September 1988. (//,:_ yvvekAS '/'-dil (7,64/, Ma or V Y Bernard L. McKinley ATTEST: 6- C1 rk rry Burger - 9 - AHLERS.COONEY.DORWEILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES.IOWA Council Member Brown introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND" and moved its adoption. Council Member Fox seconded the motion to adopt. The roll was called and the vote was , AYES: Brown, Dell, Buck, Fox, Angel, Wright ABSENT: 1XX Budak Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 1988-521 (CONTRACT NO. 355) RESOLUTION APPROVING CONTRACT AND BOND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, I OWA: That the construction contract and bond executed for the Waterloo, Iowa, F.Y. 1989 500 Block Derbyshire Road Paving Project (Contract No. 355) , as described in the plans and spe- cifications and which have been signed by the Mayor and Clerk on behalf of the City and proof of insurance coverage be and the same are hereby approved as follows: Contractor: Aspro, Inc. & Subsidiary of Waterloo, IA Date of contract: September 12, 1988 Bond surety: United Fire & Casualty Company Date of bond: September 12, 1988 Portion of project: All Construction Work - 10 - AHLERS.COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA PASSED AND APPROVED, this 12th day of September , 1988. Mayor(34...„-v-v+,Ce.,-(471/1 Bernard L. McKinley ATTEST: ///2 ale Larry P.- urger - 11 - AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA WATERLOO, IOWA, F.Y. 1989 500 BLOCK DERBYSHIRE ROAD PAVING PROJECT (CONTRACT NO. 355) CERTIFICATE STATE OF IOWA SS COUNTY OF BLACK HAWK I , the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the por- tion of the corporate records of said Municipality showing pro- ceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attach- ment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the prin- cipal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21 , Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said pro- ceedings , and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the indivi- duals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 14th day of September , 198$. 00/ C . y ler Water oo owa Larr P rger SEAL AIILEI{S.COONEY.DOIMEILEII,HAYNIE.SMITH&ALLBEE ATTORNEYS AT LAW DES MOINES,IOWA � tx1 tri t1 h cn cn cn Cl) o cn cn O 0 0 0 ozo 0 ✓ r r r xLII r C H C C H d F�3 H H H H H LT1 Cn H H Z 0z z b7 H z F C F-3 b 00 >I Z H 0 it • • HroF-3 • O 1/40 H o0o O co xl 0 LLII co u� d d LTJ I (7 O F✓ d o ro 3 o H O < F-3 171 H 0 z H 1-3 0 1-3Ox z ro LII 1-3 0t � Li H d 0 h7 LTJ O by H n x1 ro O F3 r H O H d -- 0 0 • 0• z 0 z H O HO 'T1 �• yF-3 0, H t El zFCx1 O tri • H Cn Z0 0 CA) mr 01 D Q to 1-3 Ut H • 00 oz