Published: November 29, 2007 10:04 am      

Council approves 26th Ave. North sewer work

CLINTON — The Clinton City Council has approved a resolution awarding the contract for the construction of a storm sewer at 26th Avenue North.

The council was set to approve the resolution awarding the contract to Eastern Iowa Excavating & Concrete for $66,519.50 at the Nov. 13 council meeting. During a public hearing on the plans for the 26th Avenue North Storm Sewer Project, Attorney David Pillers expressed objections to the city approving the contract on behalf of his clients, residents impacted by drainage issues in the area. At that meeting, Pillers said the residents had not received information on the proposed easements needed to complete the work and wanted to have the plans and specifications reviewed by an engineer.

On Tuesday, Boden said that while the easements had not been secured, Eastern Iowa has agreed to hold the bid price until May 2008. He said company representatives said if the city awards the contract, the work would not proceed until those easements could be obtained. Boden noted that the needed easements represent approximately 14 percent of the total project.

City Attorney Matt Brisch said the city could award the contract on Tuesday and if the easements are not secured, the work in that portion of the project could be taken out through a change order. Third Ward Councilman Darrell Smith asked for the residents’ opinion and Dr. Betty Hibler addressed the council. She said the residents still do not have the information on the project plans they have been asking for over the past several months. Boden said it was his understanding that the information has been conveyed to Pillers. Hibler advised more information is needed than what has been provided and the residents want to see the full plans. She said the impacted residents do not want their property disturbed, only to later find the problem has not been corrected.

“We would like to have our assurances this will take care of it,” Hibler said.

Boden suggested Hibler have the engineer contact the city seeking the necessary information. He said the city is more than willing to cooperate on the issue. Hibler said she would take that suggestion to Pillers and the engineer. At-Large Councilman Ron Mallicoat said he would have to vote no on a motion to approve awarding the contract because it was "no way to do business" and "simply not right."

Fourth Ward Councilman Rodger Holm asked Boden and Brisch if it would be better to table awarding the contract until the situation is resolved. Boden said the bid only is valid for so long and the contractor has agreed to hold the project bid if the contract is awarded. He added he feels a conference between the city and the residents' engineering firm could be held soon and said he would be very surprised if a resolution could not be reached by January.

First Ward Councilman Bob Soesbe said he feels the city got a good price on the project bid and reiterated a previous concern that the other bids had been exposed. He said he felt the contractor is being good to the city and urged the council to approve awarding the contract now. Soesbe asked if the easements were not obtained, if the work still would help alleviate the drainage problems. Boden said it would and advised the project was designed to handle further development in that area. He agreed the bid was good, approximately $20,000 cheaper than the next lowest bid, and stated the contractor is willing to give the city time to secure the easements.

A motion to approve awarding the 26th Avenue North Storm Sewer Project contract to Eastern Iowa was approved by a 6 to 1 vote with Mallicoat voting against the motion.