091 of 1988 - Acceptance of bid for construction work and contract with Lowell Construction • BD4071
Salt Lake City, Utah
August 2 , 1988
A regular meeting of the City Council of Salt Lake City
(the "Council" ) , Salt Lake County, Utah was held on Tuesday,
the 2nd day of August, 1988, at the hour of 6:00 p.m. , at
the regular meeting place of said City Council at which
meeting there were present and answering roll call the
following members who constituted a quorum:
Thomas M. Godfrey Chairperson
Roselyn N. Kirk Councilmember
L. Wayne Horrocks Councilmember
W.M. "Willie" Stoler Councilmember
Allan Hardman Councilmember
Sydney Reed Fonnesbeck Councilmember
Florence B. Bittner Councilmember
Also present:
Palmer A. DePaulis Mayor
Roger Cutler City Attorney
Kathryn Marshall City Recorder
Absent: None
RECITALS
Thereupon the following proceedings, among others, were
duly had and taken:
On June 14, 1988, after a Notice to Contractors
inviting bids for construction of improvements for Salt Lake
City, Utah Special Improvement District No. 38-830 (the
"District" ) had been published, the Council received a
single bid which significantly exceeded the preliminary cost
estimates of the City Engineer. The Council did not award
the contract, but referred the matter to the City Engineer
for review, recommendation and appropriate action.
The City Engineer made preliminary modifications in the
District and the specifications for proposed improvements.
A new Notice to Contractors inviting bids was then 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 the Notice for the receipt of
bids. An Affidavit of Publication is on file or will be
obtained by the City Recorder.
A second public bid opening was conducted in the
East-West Conference Room of the Temporary City Offices by
staff members of the City Recorder' s and City Engineer' s
Offices on August 2nd, 1988 at 2 :00 p.m. Bids were examined
and compared preliminarily with the revised District
improvements and modified specifications. The City
BD4071 2 071988
Engineer's Office has tabulated the new 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 summarized on Exhibit "A" which is attached to
these proceedings. The City Council determined that
Lowell Construction was the apparent low bidder for the
construction of improvements as specified in the revised
engineering plans for the improvements set out in the Notice
of Intention as tentatively modified for purposes of
bidding. It was also noted that the accuracy of the
apparent low bid and the qualifications of the apparent low
bidder should be checked.
Based upon the apparent feasibility of the modified
Project, the City Engineer recommends that the Council take
the following action:
(a) Based on the consent and waiver signed by the
property owner to be assessed, the property located at 126
West Pierpont Avenue should be added to the District. The
addition to the District is more completely described on the
attached Exhibit "B" . All other properties which are
affected by modified improvement rates are also set out on
Exhibit "B" .
(b) Improvement Rate No. 14 (the "Rate 14" ) should be
added to existing improvement rates as described ' in the
Notice of Intention, dated March 1, 1988 (the "Notice of
BD4071 3 071988
r
Intention" ) . Rate 14 is required to accommodate
improvements to be made to the property at 126 West Pierpont
Avenue. The improvements and estimated cost of Rate 14 are
set out in the attached Exhibit "C" .
(c) Rates 5 and 7, as previously described in the
Notice of Intention, should be amended and conformed to the
modified improvements and revised estimated costs set out in
the attached Exhibit "D" .
Thereupon, Councilmember Godfrey introduced the
following resolution in writing and moved its adoption:
RESOLUTION NO. 91 of 1988
A RESOLUTION CONDITIONALLY ACCEPTING A BID FOR
CONSTRUCTION WORK AND, SUBJECT TO APPROVAL OF THE CITY
ENGINEER, AUTHORIZING EXECUTION OF A CONSTRUCTION
CONTRACT WITH LOWELL CONSTRUCTION FOR CONSTRUCTION OF
IMPROVEMENTS OF SALT LAKE CITY, UTAH SPECIAL
IMPROVEMENT DISTRICT NO. 38-830, PROVIDING FOR THE
REMOVAL, REPLACEMENT OR RECONSTRUCTION OF CURB, GUTTER,
AND DEFECTIVE SIDEWALKS, DRIVEWAYS, DRIVEWAY APPROACHES
AND APPURTENANCES, UNDERGROUND VAULT WORK, INSTALLATION
OF LIGHTING FIXTURES, TREE GRATES, STREET LANDSCAPING,
UNDERGROUND SPRINKLING SYSTEMS, UTILITY RELOCATION,
UNDERGROUND WIRING, CONDUIT AND JUNCTION BOXES TO
EXISTING POLES WITH AND WITHOUT INCREASE IN STREET
LIGHTING POWER AND ALL OTHER MISCELLANEOUS WORK
NECESSARY TO COMPLETE THE IMPROVEMENTS; PROVIDING FOR
ALTERATION OF THE DISTRICT BY THE ADDITION OF RATE 14,
AND AMENDMENT OF RATES 5 AND 7 OF PROPOSED
IMPROVEMENTS; FURTHER PROVIDING FOR ISSUANCE OF INTERIM
WARRANTS AND FOR THE ADDITION OF THE INTEREST THEREON
TO ASSESSABLE COSTS.
BE IT RESOLVED by the City Council of Salt Lake City,
Salt Lake County, Utah:
BD4071 4 071988
Section 1 . The bid of Lowell Construction, a bidder
who submitted the apparent lowest and best bid for the
construction of the improvements in the District 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 memorializing the bid, acceptance,
plans and specifications for the improvements, (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 bid and
bidder, the Mayor is hereby authorized to execute the
Contract between Salt Lake City and the successful bidder,
which Contract may include authorized work in addition to
the improvements to be constructed within said District. If
the City Engineer does not approve the lowest bid and
bidder, the bids shall again be referred to this Council for
further consideration at a subsequent meeting.
Payment of progress draws under the Contract shall be
by interim warrants which the City intends to purchase. The
BD4071 5 071988
issuance of interim warrants is hereby authorized. 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 accrued on the interim warrants shall be added as
an assessable cost to other construction costs of the
District.
Section 2 . The property at 126 West Pierpont, more
fully described in Exhibit "B" , is added to the District
with the applicable rate to be Improvement Rate 14.
Section 3 . Improvement Rate 14, as described in
Exhibit "C" , is hereby created to accommodate proposed
improvements for the property at 126 West Pierpont.
Section 4. Modified Improvement Rates 5 and 7, as
initially described in the Notice of Intention, are hereby
amended to read as set out in Exhibit "D" .
The resolution was seconded by Councilmember
Kirk and was adopted by vote of the City Council as follows:
BD4071 6 071988
Y
AYE: Thomas M. Godfrey
Florence B. Bittner
Roselyn N. Kirk
L. Wayne Horrocks
W.M. "Willie" Stoler
Allan Hardman
Sydney Reed Fonnesbeck
NAY: None
Thereupon the motion was approved by the City Council
and made a matter of record by the City Recorder.
ADOPTED AND APPROVED this 2nd day of August, 1988.
Chairperson
AT
-IL
Ci v Recorder
( S E A L
BD4071 7 071988
Y
After the transaction of other business not pertinent
to the foregoing matter, the meeting was on motion duly
made, seconded and carried, adjourned.
Chairperson
ATTEST:
CA4 Recorder
{ S E A L )
BD4071 8 071988
•
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE )
I , Kathryn Marshall, the duly appointed, qualified and
acting City Recorder of Salt Lake City, Utah, do hereby
certify that the above and foregoing is a full, true and
correct copy of the record of proceedings had by the City
Council of Salt Lake City, Utah, at its meeting held on the
2nd day of August, 1988, insofar as the same relates to the
awarding of the construction contract for Salt Lake City,
Utah Special Improvement District No. 38-830 as the same
appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said City this 2nd day of
August, 1988.
C y Recorder
( S E A L )
BD4071 9 071988
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I , Kathryn Marshall, the undersigned City Recorder of
Salt Lake City, Salt Lake County, 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 52-4-6(2 ) , 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
August 2nd, 1988, public meeting held by the City Council as
follows:
(a) By causing a Notice, in the form attached
hereto as Schedule "A" , to be posted at the
temporary office of the Salt Lake City Council on
July 29, 1988, 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 "A" , to be delivered
to the Deseret News on July 29, 1988, at least
twenty-four (24) hours prior to the convening of
the meeting.
BD4071 10 071988
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature this 2nd day of August, 1988.
ity ecorder
( S E A L
BD4071 11 071988
SCHEDULE "A"
NOTICE OF MEETING
BD4071 12 071988
a
EXHIBIT "A"
Tabulation of Bids
Bidder Project Bid
Lowell Construction $391,481.00
Solid Constructors $434, 737.00
Workman Construction $438,260. 75
BD4071 13 071988
EXHIBIT "B"
Properties Affected by New or Modified Improvement Rates
Applicable
Rate Property Information
14 Property Address: 126 West Pierpont Avenue
Property Owner: John Williams
Sidwell Number 1501276017
Beg 153.1 Ft. W Fr NE Cor of Lot 7, Blk 59, Plat A, SLC Sur; S 89-58'29"
W 170.03 Ft; S 0-04'01" E 129.73 Ft; S 89-57L53" W 0.36 Ft; S 0-02107" E
2.32 Ft; N 89-58137" E 170.156 Ft; N 132 Ft to Beg.
5 Property Address: 160 West Pierpont Avenue
Property Owner: Preston Property Management Company
Sidwell Number 1501276015
Beg 2 Rds N Fr SW Cor of Lot 4, Blk 590 Plat A, SLC Sur; E 257 Ft; N 90-
3/4 Ft; W 257 Ft; S 90-3/4 Ft to Beg.
7 Property Address: 165 West Pierpont Avenue
Property Owner: The Dooly Corporation
Sidwell Number 1501277001
Com 70 Ft N of SW Cor Lot 3 Blk 59 Plat A SLC Sur N 62 Ft
E 167 Ft S 8 Rd W 4 2 Ft N 7 0 Ft W 12 5 Ft to Beg.
7 Property Address: 145 West Pierpont Avenue
Property Owner: Lom C. Durrant
Sidwell Number 1501277008
Beg 25 Ft W & 10 Ft N Fr SE Cor Lat 3 Blk 59 Plat A SLC
Sur W 43.15 Ft N 122 Ft E 43.15 Ft S 122 Ft to Beg.
7 Property Address: 145-155 West Pierpont Avenue
Property Owner: John Williams
Sidwell Number 1501277007
Com 2 Rds S & 68.15 Ft W Fr NE Cor Lot 3, Blk 59, Plat A,
SLC Sur; W 62.18 Ft; S 122 Ft; E 62.18 Ft; N 122 Ft to Beg.
7 Property Address: 125 West Pierpont Avenue
Property Owner: CBD Associates, a Utah limited partnership
Sidwell Number 151277019
Com at NE cor Lot 1 Blk 59 Plat A, SLC Sur; W 100 Ft; N 132 Ft; W 170 Ft;
S 297 Ft; E 105 Ft; N 115.5 Ft; E 165 Ft; N 49.5 Ft to Beg.
BD4071 14 071988
Applicable
Rate Property Information
7 Property Address: 141 + 143 West Pierpont Avenue
Property Owner: Eugene 0. Sloan
SID # 1501277010
SID # 1501277004
5 Property Address: 206 West Temple
(area: 150 feet North of NW corner of West Temple and
Pierpont Avenue)
Property Owner: Mark Hemstreet
SID # 1501276008
BD4071 15 071988
EXHIBIT "C"
Improvement Rate 14
Remove existing curb and gutter and bituminous surface
course. Install 8 feet wide sidewalk with brick pavers for
210 feet of frontage adjacent to existing brick pavers, also
install new curb and gutter , trees, grates, sprinkling
system and drainage for new bulb out at an estimated cost of
$259.00 per lineal foot , paiO entirely by the property
owner .
BD4O71 16 071988
EXHIBIT "D"
Modified Improvement Rates 5 and 7
Rate 5 as follows:
Sawcut existing sidewalk, install brick pavers for entire width of
sidewalk, add tree, grates, landscaping strip adjacent to building wall,
sprinkler system, driveway approaches, utility relocation. Install new
light fixtures, underground wiring conduit and poles. Modify estimated
abutters cost to read $149.00 per lineal foot.
Rate 7 as follows:
100% brick pavers for entire width of sidewalk instead of "add one row of
brick pavers to back of curb side of the sidewalk" . Modify estimated
abutters cost to read $160.00 per lineal foot.
BD4071 17 071988