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Franklin authorizes emergency contracting to repair Pleasant View Reserve subdivision if developer fails to act
Summary
The Board of Public Works approved a resolution declaring a public emergency to allow the city to contract for street, curb and driveway repairs in Pleasant View Reserve this fall if the developer does not complete required work; the board said it could draw on the developer bond (reported as over $1,000,000) to pay costs.
The City of Franklin Board of Public Works on Sept. 9 approved a resolution declaring a public emergency to allow the city to contract for necessary repairs at the Pleasant View Reserve subdivision if the developer does not complete them in time for fall paving.
City staff told the board the subdivision is constructed in three phases and that certain binder courses and curb, gutter and driveway work have deteriorated; staff said they met with the developer on July 17, that negotiations continued and that the developer had been “nonresponsive” at times. A staff presenter said the city plans a follow-up site walk next week and intends to get the surface course placed this fall if possible.
Why it matters: Staff told the board that binder courses in parts of the subdivision are three to four years old and may not survive another winter. To avoid losing the paving season, staff asked the board to authorize emergency contracting in lieu of the full public-bid process so the city can invite a small number of contractors and complete surface work before asphalt plants typically close for the season.
The presenter told the board the city could proceed as a "plan B," construct the work, then draw on the developer’s performance bond to recover costs if the developer fails to perform. The presenter said the bond amount exceeds $1,000,000. The board approved the resolution; Alderman Yusuf Hassan made the motion and Clark Johnson seconded it.
Staff said the temporary approach is intended to be used only if negotiations with the developer do not resolve the deficiencies, and that the work will be inspected by city staff if the city hires contractors directly. No immediate city expenditure was recorded at the meeting; the action authorized the city to proceed if necessary.
