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023 of 2011 - accept the bids for purchase of materials and construction work and to authorize execution of a cons R 11-1 Q 10-4 RESOLUTION NO. 23 of 2011 A Resolution Conditionally Accepting Bids for Purchasing of Materials and Construction Work and, Subject to Approval of the City Engineer, Authorizing Execution of a Construction Contract with the Apparent Low Bidder for Construction of Improvements within the Salt Lake City, Utah North Temple Boulevard Assessment Area No. LC-109017 and No. M-109018 (the "North Temple Boulevard Assessment Area"); Providing for the construction of capital lighting improvements in conjunction with the Utah Transit Authority and City downtown to Airport light rail line project, together with all other miscellaneous work necessary to complete said improvements in a proper and workmanlike manner (collectively, the "Improvements") as described in the Notice of Intention and Related Matters. BE IT RESOLVED by the City Council of Salt Lake City, Utah, that the bid of $790,000 by Hidden Peak Electric Company, a bidder who submitted the apparent lowest responsive, responsible, and best bid for the construction of the improvements in the Assessment Area, is hereby conditionally accepted. This award of the construction contract is expressly subject to verification by the City Engineer of the accuracy of the bid amounts, the qualification of the lowest bidder to do business in Utah, a determination that the lowest bidder is a licensed contractor, and consideration of any other factors the City Engineer may deem to be appropriate in evaluating the lowest bid and bidder. The exact amount to be paid under a construction contract (the "Contract") shall be determined by computation of the work done based upon the unit prices as set forth in the winning bid. If the City Engineer approves the lowest responsive and responsible bid and bidder for the Contract, the Mayor, or the City Engineer, on behalf of the City, is hereby authorized to execute the Contract between Salt Lake City and the successful bidder, and to assign the Contract to Utah Transit Authority as the general contractor for all the Improvements within the Assessment Area. If the City Engineer does not approve the lowest bid and bidder, the bid shall again he referred to the City Council for further consideration at a subsequent meeting. Payment of progress draws under the Contract may be financed internally by the City or by the issuance of interim warrants. The issuance of interim warrants is hereby authorized. When the City Engineer has certified that the construction of the Improvements has been completed, the final interim warrant, if issued, shall be for 100% of the unpaid balance then due under the Contract. Prior to the completion of construction, the aggregate amount of the interim warrants, if issued, shall not exceed 90% of the value of completed work. Interest charges on the interim warrants shall be equal to the average yield earned by the City on its pooled money balance investments as calculated by the City Treasurer's Office. Interest costs accrued by the City, either through its internal financing or by the issuance of interim warrants, if issued, shall be added as an assessable cost to other construction costs of the Assessment Area. DMWEST#8150157 v2 3 The resolution was seconded by Councilmember Penfold and was adopted by vote of the City Council as follows: AYE: Unanimous NAY: None Thereupon the Resolution was approved by the City Council and made a matter of record by the City Recorder. DMWEST#8150157 v2 4 ADOPTED AND APPROVED this July 12, 2011. (SEAL) r By: I� Chair ATTEST: City ecor er CITY, DMWEST#8150157 Q 5 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval this July 12011, By: Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this July_a-, 2011. By: 4A Mayor DMWEST#8150157 v2 6 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I, Chris Meeker, the duly appointed, qualified, and acting City Recorder of Salt Lake City, Utah, do hereby certify that the foregoing is a full, true and correct copy of the minutes of a regular meeting of the City Council of Salt Lake City held in the City Council Chambers in Salt Lake City on Tuesday, July 12, 2011, at the hour of 7:00 p.m., as recorded in the regular official book of minutes as kept in my official office, that said proceedings were duly had and taken as therein shown, and that all the members were given due, legal, and timely notice of said meeting as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this July 12, 2011. ti CITY City R cord Fr•,P I�u AI DMWEST#8150157 v2 7 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Chris Meeker, the undersigned City Recorder of Salt Lake City, Utah (the "Issuer"), do hereby certify, according to the records of the City Council of Salt Lake City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the July 12,2011, public meeting held by the City Council as follows: (a) By causing a Notice, in the form attached hereto as Schedule 1, to be posted at the principal offices at the City and County Building, Salt Lake City, Utah, on July 8, 2011, at least twenty-four(24)hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be delivered to the Deseret News on July 8, 2011, at least twenty- four(24)hours prior to the convening of the meeting. (c) By causing a copy of such Notice,to be posted on the Utah Public Notice Website (http://pnm.utah.g_ov) at least twenty-four(24)hours prior to the convening of the meeting. In addition, the Notice of 2011 Annual Meeting Schedule for the City Council (attached hereto as Schedule 2) was given specifying the date, time, and place of the regular meetings of the City Council to be held during the year, by causing said Notice to be (a) posted on , at the principal office of the City Council, (b) provided to at least one newspaper of general circulation within the Issuer on , and (c) published on the Utah Public Notice Website (http://pmn.utah.goy) during the current calendar year. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this July 12,2011. (SE 6 alf__C I O�ADRA'•i`tis�'4. DMWEST#8150157 v2 8 SCHEDULEI NOTICE OF MEETING DMWEST#8150157 v2 9 SCHEDULE 2 2011 ANNUAL MEETING SCHEDULE DMWEST#8150157 Q 10 EXHIBIT A TABULATION OF BIDS Name of Bidder Amount of Bid [A list naming the bidders and showing the bids which were submitted is available for inspection in the office of the Salt Lake City Engineer.] DMVVEST#8150157 v2 C-1 Creation Resolution Salt Lake City, Utah July 12, 2011 A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, July 12, 2011, at the hour of 7:00 p.m., at the offices of the City Council at 451 South State Street, Salt Lake City, Utah, at which meeting there were present and answering roll call the following members who constituted a quorum: Stan Penfold Vice Chair JT Martin Councilmember Van Blair Turner Councilmember Luke Garrott Councilmember Carlton Christensen Councilmember Also present: David Everitt Mayor's Chief of Staff Edwin P. Rutan, H City Attorney Chris Meeker City Recorder Absent: Jill Remington-Love Chair Soren Dahl Simonsen Councilmember Ralph Becker Mayor Thereupon the following proceedings, among others, were duly had and taken. A Notice to Contractors calling for bids for construction of improvements contemplated to be made in the North Temple Boulevard Assessment Area was published in the Deseret News, a newspaper having general circulation in the City, at least one time at least fifteen (15) days prior to the date specified in such notice for the receipt of bids. An affidavit of publication is on file or will be obtained by the City Recorder. At a public meeting conducted in Room 315 of the City and County Building, 451 South State Street, Salt Lake City, Utah, by staff members of the City Recorder's and City Engineer's Offices on March 23, 2011, at 2:00 p.m., bids were opened for the construction of improvements contemplated to be made in the Salt Lake City, Utah North Temple Boulevard Assessment Area No. LC-109017 and No. M-109018 (the "North Temple Boulevard Assessment Area"). The City Engineer's Office has tabulated the bid results for consideration by the City Council. Upon the reopening of the bids in open session of this council meeting, the City Council examined and declared the bids to be as tabulated as set out in Exhibit A which is attached to these proceedings. The City Council determined that Hidden Peak Electric DMWEST#8150157 v2 1 Company was the apparent low bidder for the construction of improvements as specified in the engineering plans for the improvements set out in the Notice of Intention. Thereupon, the following resolution was introduced in writing and Councilmember Christensen moved to adopt the resolution: DMWEST#8150157 v2 2