Page 20 - Clear Lake Mirror Reporter E-Edition 7-1-2015

LegalsPage 20 • July 1, 2015 Clear Lake Mirror-Reporter

Clear Lake City Legals Ventura City Legals

SPECIAL COUNCIL MEETING substantially completed within 40 working days. All work shall be finally completed MINUTES OF REGULAR COUNCIL MEETING
The Clear Lake City Council met in special session on Thursday, June 25, 2015 at and the project ready for final acceptance by October 30, 2015. Once Contractor VENTURA, IOWA
4:00 p.m., in the Council Chambers, at City Hall, with Mayor Nelson P. Crabb presid- begins work on the project, work shall progress in a continuous manner until all work
ing. All Council Members present. is completed unless written approval to otherwise complete work is received from the Item # 1 – Call Meeting to order/roll call
Boehnke moved the agenda be approved, seconded by Nelson. Passed Unani- Engineer. A regular meeting of the City Council of Ventura, Iowa was held on June 22, 2015.
mously.
Brant moved 4:02 p.m. to go into closed session pursuant to Code of Iowa Section Bidders shall be expected to comply with Chapters 91C and 103A of the Code of The meeting was called to order at 7:00 p.m. by Mayor Lynn Benson. The meeting
21.5 (1)(i) to conduct an interview regarding the appointment to the position of Chief Iowa concerning the registration and bonding of construction contractors and the was held at Ventura City Hall. The following Council Members were present: Kristie
of Police, seconded by Hugi. Roll Call: Passed Unanimously. successful bidder shall be required to supply the City of Clear Lake with proof of said Meints, Mike Thackery, Brian Vaage, and John Quintus. Also present were: City
Nelson moved at 5:50 p.m. to go back to open session with no formal action being compliance. Administrator Else Taylor, Public Works Director Bill Bredlow, City Attorney Michael
taken in closed session, seconded by Callanan. Roll Call: Passed Unanimously. Moeller, City Attorney John Sorensen and Lt. Paul Chizek with the Clear Lake Police
There being no further business before the Council, Boehnke moved to adjourn at Payment of the cost of said project will be made from any one or a combination of all Department. Absent: Darwin Avery.
5:52 p.m., seconded by Brant. Passed Unanimously. lawful sources of City revenue at the sole discretion of the City Council. Item # 2 - Consent Agenda
NEXT REGULAR MEETING – MONDAY, JULY 6, 2015
/S/ Nelson P. Crabb Payment will be made to the Contractor based on monthly estimates in amounts Motion by Quintus/Meints to approve the consent agenda for June 22, 2015.
Nelson P. Crabb, Mayor equal to ninety-five (95) percent of the contract value of the work completed. Monthly Passed unanimously.
ATTEST: estimates will be made by the Engineer and payment will be made to the Contractor a. Agenda June 22, 2015
/S/ Jennifer Larsen on or about ten (10) days thereafter. Payment may be made for materials stored off b. Regular Minutes May 26, 2015
Jennifer Larsen, City Clerk or on site providing adequate written documentation is provided. Final payment will c. Claims Register June 22, 2015
not be made sooner than thirty (30) days following Final Acceptance of the Work by d. Treasurer’s Report May 2015
NOTICE OF HEARING AND LETTING the City of Clear Lake. Disbursements
NOTICE TO BIDDERS
At least ten (10) days before each progress payment falls due (but not more often 23792 Absolute Waste Removal Sanitation fees for June 2015 3116.00
NOTICE OF PUBLIC HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM than once a month), the Contractor will submit to the Engineer a partial payment
OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF WEST estimate filled out and signed by the Contractor covering the work performed during 23793 Alliant Energy Utilities 2819.24
7TH AVENUE NORTH WATERMAIN IMPROVEMENT PROJECT FOR THE CITY OF the period covered by the partial payment estimate and supported by such data as
CLEAR LAKE, IOWA, AND FOR THE TAKING OF BIDS THEREFOR the Engineer may reasonably require. If payment is requested on the basis of materi- 23794 Brian Ward Meter refund for 16W Venetian Dr. 170.00
als and equipment not incorporated in the work but delivered and suitably stored at
Sealed proposals will be received by the City Clerk of the City of Clear Lake, Iowa, in or near the site, the partial payment estimate shall also be accompanied by such 23795 Center Point Large Print Bks Library – book order 134.37
the Council Chambers at City Hall, 15 North Sixth Street, Clear Lake, Iowa, until 11:00 supporting data, satisfactory to the Owner, as will establish the Owner’s title to the
o’clock A.M. on the 15th day of July 2015, for the construction of the West 7th Avenue material and equipment and protect his interest therein, including applicable insur- 23796 City of Clear Lake Ambulance calls (4) 400.00
North Watermain Improvement Project as described in the plans and specifications ance. The Engineer will, within fifteen (15) days after receipt of each partial payment
therefore, now on file in the office of the City Clerk. estimate, either indicate in writing his concurrence of payment and present the partial 23797 Clarke Mosquito Control Mosquito chemical 718.48
payment estimate to the Owner, or return the partial payment estimate to the Contrac-
Proposals will be opened and the amount of the bids announced by the City Clerk at tor indicating in writing his reasons for refusing to concur with the partial payment 23798 Culver-Hahn Light bulbs for decorative lighting 230.40
the time and date specified above. estimate. In the latter case, the Contractor may make the necessary corrections
and resubmit the partial payment estimate. The Owner will, within thirty (30) days of 23799 Five Star Co-op Bushing for street sweeper 13.25
Also, at 6:30 P.M. on the 20th day of July 2015, the City Council of said City will, in presentation to City Council of a submitted partial payment estimate, pay the Contrac-
said Council Chambers, hold a hearing and said Council proposes to adopt plans, tor a progress payment on the basis of the approved partial payment estimate. The 23800 Hacks Pest Control Pest control – all city buildings 150.00
specifications, form of contract and estimate of cost. Owner shall retain five (5) percent of the amount of each payment until final comple-
tion and acceptance of all work covered by the contract documents. 23801 Void Void 0.00
At said hearing, the City Council will consider the proposed plans, specifications,
form of contract and estimate of cost for the project, the same now being on file in the The bidder’s attention is called to the prompt payment to the subcontractors, under 23802 Void Void 0.00
office of the City Clerk, reference to which is made for a more detailed and complete Chapter 573.12 of the Code of Iowa.
description of the proposed improvements, and at said time and place the said Coun- 23803 Void Void 0.00
cil will also receive and consider any objections to said plans, specifications and form Liquidated damages in the amount of Five Hundred Dollars ($500) per calendar day
of contract or to the estimated cost of said improvements made by any interested will be assessed for each calendar day that work on the total project, or portions of 23804 Void Void 0.00
party. the contract where specific completion dates are specified, that remain uncompleted
after the end of the contract period, with due allowance for extensions of the contract 23805 Hancock County Co-op Oil Fuel – Public Works & Fire Dept. 300.24
Also, at 6:30 P.M. on the 20th day of July 2015 or at such time, date and place as period due to conditions beyond the control of the contractor.
then may be fixed, will act upon proposals and enter into a contract for the construc- 23806 Hygienic Laboratory Lab fees – water testing 590.00
tion of said improvements. The Contractor will indemnify and save the Owner or the Owner’s agents harm-
less from all claims growing out of the lawful demands of subcontractors, laborers, 23807 Jim Hunt Electric Library – repair switch 52.51
The location of the work to be done and the kinds and sizes of materials proposed to workmen, mechanics, materialmen, and furnishers of machinery and parts thereof,
be used are as follows: equipment, tools, and all supplies, incurred in the furtherance of the performance of 23808 Kimberly Lundgren Remaining bal. snow storage (3) years 400.00
the work. The Contractor shall furnish satisfactory evidence that all obligations of the
WEST 7TH AVENUE NORTH WATERMAIN IMPROVEMENT PROJECT nature designated above have been paid, discharged, or waived. If the Contractor 23809 Lake Auto Car Quest Cabin filter for street sweeper 43.67
fails to do so the Owner may, after having notified the Contractor, either pay unpaid
Project includes all labor, materials and equipment necessary to construct approxi- bills or withhold from the Contractor’s unpaid compensation a sum of money deemed 23810 Menards Dehumidifier for well house 199.00
mately 2,750 linear feet of 12” watermain, fire hydrant assemblies, water services, reasonably sufficient to pay any and all such lawful claims until satisfactory evidence
pavement restoration, seeding and miscellaneous associated work including cleanup. is furnished that all liabilities have been fully discharged whereupon payment to the 23811 North Iowa Library Collab. Library - Bar codes 40.00
Contractor shall be resumed, in accordance with the terms of the contract documents,
The method of construction of all improvements shall be by contract in accordance but in no event shall the provisions of this sentence be construed to impose any 23812 Penworthy Library – Book 72.40
with the plans and specifications and general stipulations for said improvements ap- obligations upon the Owner to either the Contractor, his Surety, or any third party. In
proved by the City Council. paying any unpaid bills of the Contractor, any payment so made by the Owner shall 23813 Richard Roland Meter deposit refund 40.00
be considered as a payment made under the contract documents by the Owner to the
All proposals and bids in connection therewith shall be submitted to the City Clerk Contractor and the Owner shall not be liable to the Contractor for any such payments 23814 State of Iowa June PR withholding 426.27
of said City on or before the time herein set for receiving bids. All proposals shall made in good faith.
be made on official bidding blanks furnished by the City, and any alterations in the 23815 US Bank Library – magazine renewal & prizes 189.24
official form of proposal will entitle the City Council, at its option, to reject the proposal Upon completion and acceptance of the work, the Engineer shall issue a certificate
involved from consideration. Each proposal shall be sealed and plainly identified. that the work has been accepted by him under the conditions of the contract docu- 23816 Wellmark BlueCross Health insurance July 2015 2341.30
ments. Final payment will be made not less than thirty one (31) days after completion
Each proposal shall be accompanied by a bid security in a sealed envelope by either of the work and acceptance by the City subject to the conditions and in accordance 23817 Woodford-Wheeler Lumber Co. Grout – Water tower repair 38.21
(1) a certified or cashier’s check drawn on a solvent Iowa bank or a bank chartered with the provisions of Chapter 573 of the Code of Iowa.
under the laws of the United States, or a certified share draft drawn on a credit union 158E IPERS June Retirement contributions 1563.42
in Iowa or chartered under the laws of the United States, in an amount equal to 5% of The City will issue a sales tax exemption certificate applicable for all materials pur-
the bid, or (2) a bid bond executed by a corporation authorized to contract as a surety chased for the project. 159E Internal Revenue Service June 2015 941 taxes 2561.83
in the State of Iowa, in the penal sum of 5% of the bid. Contractor shall determine
amount of bid bond based on the amount of the base bid and all alternate construc- Total claims $16,609.83
tion bid items.
May 2015 Receipts
The bid security should be made payable to THE CITY OF CLEAR LAKE, IOWA. The
bid security must not contain any conditions either in the body or as an endorsement General Fund 25019.69
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 10 days Road Use Fund 3239.63
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 Local Option Sales Tax Fund 8091.03
the provisions of this notice and other contract documents. Bidders shall use the bid
bond form included in the specifications. Special Assessment Fund 2232.00

Pursuant to Chapter 73 of the Code of Iowa, out of state bidders are hereby advised Debt Service Fund 14387.09
of the Iowa Bidding Preference Law extending to Iowa firms any preference out of
state competitors receive in their own states. Such preference may be (a) strict Water Fund 9686.99
preference, (b) reciprocal preference, or combination preference and reciprocal. Ap-
plication for such preference will be extended for any “public improvement” as defined Sewer Fund 4188.05
in Chapter 73A.1 of the Code of Iowa.
Total Receipts for May 2015 $66,844.48
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, to the May 2015 Claim Totals by Fund
extent lawfully required under Iowa Statutes.
General Fund 22826.82
The City reserves the right to reject any or all bids, to waive informalities or technicali-
ties in any bid and to enter into such contract as it shall deem for the best interest of Road Use Fund 2729.91
the City.
Local Option Sales Tax Fund 0.00
The City reserves the right to defer acceptance of any proposal for a period not to
exceed thirty (30) calendar days from the date of hearing. Debt Service 0.00

The successful bidder will be required to furnish a bond in an amount equal to one Capital Project Funds 13807.50
hundred (100) percent of the contract price, said bond to be issued by a responsible
surety approved by the City Council and listed in the U.S. Treasury Department’s Water Fund 4908.37
most current list (Circular 570, as amended) and authorized to transact business in
the State of Iowa and shall guarantee the faithful performance of the contract and the Sewer Fund 2317.93
terms and conditions therein contained and shall guarantee the prompt payment for
all materials and labor to all persons, firms, subcontractors, and corporations furnish- Total Claims for May 2015 $46,590.53
ing materials for or performing labor in the prosecution of the work and protect and
save harmless the City from claims and damages of any kind caused by the opera- Item # 3 - Police Report
tions of the Contractor, and shall guarantee the work against faulty workmanship
and materials for a period as required by the specifications after its completion and Lt. Paul Chizek reported the following calls from 6/09/2015 – 6/22/2015:
acceptance by the City Council.
Traffic Contact (4), Traffic Complaint (1), Liquor Violation (1), Missing Person (1),
It is anticipated Notice to Proceed will be issued by August 10, 2015. Contractor
can start work any time after Notice to Proceed is issued. Work for all items shall be Suspicion (3), Alarm (1), Theft (1), Assist To Other Agency (2), Other (1), Collision

(1), Medical (1), Open Door/Window (1), Animal (1), Parking (2), Fire (1), Motorist

Assist (1), Lost/Found (1).

Lt. Chizek informed the Council that the police dept. is in the process of replacing

all the in-car computers in their patrol cars.

Item # 4 – Greg Benedict, Traffic Control Corp., LED stop signs for Main St / W Lake

St.

Plans and specifications governing the construction of the proposed improvements Motion by Quintus and seconded by Thackery, to purchase one LED stop sign
have been prepared by VEENSTRA & KIMM, INC. of Mason City, Iowa, said plans
and specifications and the prior proceedings of the City Council referring to and from Traffic Control Corp. and one LED stop sign from General Traffic Controls.
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 to Passed unanimously.
comply therewith.
Item # 5 – Resolution 15-11 – RESOLUTION APPROVING A 28E AGREEMENT
Copies of said plans and specifications and form of contract are now on file in the
office of the City Clerk and may be examined at City Hall. The ENGINEER shall FOR FIRE PROTECTION SERVICES BETWEEN THE CITY OF VENTURA AND
make available and distribute plans and specifications in accordance with Senate File
2389. Complete sets of the Bidding Documents may be obtained from ENGINEER CLEAR LAKE TOWNSHIP FIRE DISTRICT
at the ENGINEER’S office located at 2800 Fourth Street SW, Suite 9, Mason City,
Iowa 50401 upon payment of plan deposit in the sum of Fifty Dollars ($50) This pay- Resolution 15-11 was introduced by Vaage, RESOLUTION AUTHORIZING AP-
ment is refundable upon return of the bidding documents within fourteen (14) days
after award of the project in good reusable condition. If the contract documents are PROVING OF A 28E AGREEMENT FOR FIRE PROTECTION SERVICES BE-
not returned in a timely manner and in good reusable condition, the deposit shall be
forfeited to the OWNER. Plan deposit checks shall be made out to the City of Clear TWEEN THE CITY OF VENTURA AND CLEAR LAKE TOWNSHIP FIRE DISTRICT,
Lake.
and seconded by Thackery. Council Member Quintus abstaining from the vote, the
Bidders who request bidding documents be mailed or shipped to them shall designate
a mailing address and pay shipping / mailing costs in the amount of $10 for standard following Council Members voted as follows:
USPS mail delivery or normal UPS ground delivery. Any special shipping / mailing
requests will be at bidders cost. Checks for shipping / mailing shall be made out to Ayes Thackery, Vaage & Meints
Veenstra & Kimm, Inc.
Nays None
This notice is given by order of the Council of the City of Clear Lake, Iowa.
Whereupon the Mayor declared Resolution 15-11 duly adopted.
CITY OF CLEAR LAKE
______________________________ Item # 6 – Resolution 15-12 – RESOLUTION WAIVING RIGHT TO REVIEW L & G
Nelson Crabb, Mayor
MEYER FIRST SUBDIVISION, CERRO GORDO COUNTY, IOWA.
ATTEST:
_____________________________ Resolution 15-12 was introduced by Quintus, RESOLUTION WAIVING RIGHT TO
Scott Flory, City Administrator
REVIEW L & G
Notice of Probate
MEYER FIRST SUBDIVISION, CERRO GORDO COUNTY, IOWA, and seconded by

Thackery. The following Council Members voted as follows:

Ayes Thackery, Quintus, Vaage & Meints

Nays None

Whereupon the Mayor declared Resolution 15-12 duly adopted.

Item # 7 – Resolution 15-13 – RESOLUTON APPROVING FINAL PLAT OF L & G

MEYER FIRST SUBDIVISION, CERRO GORDO COUNTY, IOWA.

Resolution 15-13 was introduced by Quintus, RESOLUTION APPROVING FINAL

PLAT OF L & G MEYER FIRST SUBDIVISON, CERRO GORDO COUNTY, IOWA.

The following Council Members voted as follows:

Ayes Meints, Vaage, Quintus & Thackery

Nays None

Whereupon the Mayor declared Resolution 15-13 duly adopted.

Item # 8 – Purchase Floor Scrubber & Buffer from Central Iowa Distributing

Motion by Quintus and seconded by Thackery, to purchase a floor scrubber & buf-

fer from Central Iowa Distributing for a cost of $6,247. Passed unanimously.

Item # 9 – Water Meter Replacement quote from Metering & Technology Solutions –

Replacing all meters in Ventura with updated model

Motion by Quintus and seconded by Thackery, to approve the meter purchase

from Metering Technology for a base unit cost of $229.12 for each household meter,

specialty meters (10) totaling $11,852.38, software $6,489.00. Passed unanimously.

THE IOWA DISTRICT COURT Notice is further given that all persons Item # 10 – Quote from Midwest Testing L.L.C.to install new water meters
CERRO GORDO COUNTY indebted to the estate are requested Motion by Quintus and seconded by Thackery, to approve Midwest Testing L.L.C.
IN THE ESTATE OF to make immediate payment to the
ELEANOR G. NELSON undersigned, and creditors having claims to install the new meters at a base cost of $65.00 per household meter, specialty
Deceased against the estate shall file them with the meters range from $130 - $320, mobilization $500. Passed unanimously.
Probate No. ESPRO29748 clerk of the above named district court, as Item # 11 – Public Works Report
provided by law, duly authenticated, for
NOTICE OF PROBATE OF WILL, OF allowance, and unless so filed by the later Public Works Director William Bredlow reported on the following items:
APPOINTMENT OF EXECUTOR, AND to occur of four months from the second a. Repainting the street markings is presently underway.
publication of this notice or one month b. Street sweeping to take place early Friday morning in preparation of the
NOTICE TO CREDITORS from the date of mailing of this notice holiday.
(unless otherwise allowed or paid) a claim c. Water leak detection of the entire community revealed one leak at the end
To All Persons interested in the Estate of is thereafter forever barred. of Kimball Road. Hydrant will need to be pulled and repaired or replaced.
ELEANOR G. NELSON, Deceased, who d. Sewer mains in Venetian Village were cleaned and televised.
died on or about June 1, 2015: Dated this 16th day of June, 2015. Item # 12 – Old Business
You are hereby notified that on the a. Power pole replacement on North Weimer
12th day of June, 2015, the last will and Susan A. Brager
testament of ELEANOR G. NELSON Executor of estate Motion by Meints and seconded by Quintus to, approve Alliant Energy replacing
deceased, bearing date of the 20th day 723 N. 11th Street the power poles/light fixtures on North Weimer Street with new wood poles. The
of August, 2002, was admitted to probate Clear Lake, IA 50428 Council does not anticipate installing decorative light fixtures within the next ten
in the above named court and that Susan years, due to the width of the sidewalk. Passed unanimously.
A. Brager was appointed executor of the Douglas R. Grabinski, ICIS PIN No: Item # 13 – New Business
estate. Any action to set aside the will AT0002963
must be brought in the district court of Attorney for estate Meints inquired about purchasing banners for the upcoming holiday. The general
said county within the later to occur of 604 Buddy Holly Place, Suite 104 consensus of the Council was to purchase winter banners and flag banners for next
four months from the date of the second P.O. Box 227 year.
publication of this notice or one month Clear Lake, IA 50428-0227
from the date of mailing of this notice to all Item # 14 – Public Forum - none
heirs of the decedent and devisees under Date of second publication: 1st day of Item # 15 – Adjournment
the will whose identities are reasonably July, 2015.
ascertainable, or thereafter be forever Motion by Vaage/Thackery to adjourn.
barred. _________________________________
Lynn Benson, Mayor

Attest:_________________________________
Else Taylor, Clerk