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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