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015 of 1988 - McNeil Construction for Utah Curb & Gutter 38-757 BD1239 ' Salt City, Utah February 9, 1988 A regular meeting of City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday, the 9th day of February, 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 Horroks Councilmember Florence B. Bittner Councilmember W.M. "Willie" Stoler Councilmember Allan Hardman Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney S. R. Kivett Deputy City Recorder Absent: Sydney Reed Fonnesbeck Councilmember Kathryn Marshall City Recorder 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 District 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 Deputy City Recorder. At a public meeting 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 February 9, 1988 at 2 :00 p.m. , bids were opened for the construction of improvements contemplated to be made in Salt Lake City, Utah Curb and Gutter Extension No. 38-757 (the "District") . The City Engineer's Office has tabulated the bid results for consideration by the City Council. Upon the opening of the bids in open session of this council- meeting, the City Council examined and declared the bids to be as tabulated on Exhibit "A" which is attached to these proceedings. The City Council determined that McNeil Construction Inc. 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 as amended. It was also noted that the accuracy of the apparent low bid and the qualifications of the apparent low bidder should be checked. BD1239 2 021288 Thereupon, Councilmember Horroks introduced the following resolution in writing and moved its adoption: RESOLUTION NO. 15 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 MCNEIL CONSTRUCTION INC. FOR CONSTRUCTION OF IMPROVEMENTS OF SALT LAKE CITY, UTAH CURB AND GUTTER EXTENSION NO. 38-757 PROVIDING FOR CONSTRUCTION OF CURB AND GUTTER, SIDE WALKS, DRIVEWAY APPROACHES, STORM DRAINAGE, UTILITY RELOCATIONS, TRAFFIC LANES, STREET TREES, SOD AND TOPSOIL AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS, 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, the bid of McNeil Construction Inc . , 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 BD1239 3 021288 r "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 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 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. Construction of the improvements within the District will be initiated during fiscal year 1987/88 and completed during fiscal year 1988/89 . That part of the City' s portion of construction expense which will be paid in fiscal year 1987/88 has been be included in the Schedule I Construction BD1239 4 021288 Contract the execution of which is authorized on behalf of the City. The part of construction costs represented by the City' s portion of expenditures anticipated to be made in fiscal year 1988/89 cannot be the subject of a contract until and unless that portion is included in the budget for fiscal year 1988/89. The acceptance of the winning bidder and execution of the Schedule I Contract shall be consummated as soon as possible. The Schedule II Contract may be signed on behalf of the City only after the City' s portion of construction expenses to be paid in fiscal year 1988/89 has been included in the budget for that year and the budget has been approved and adopted by the City Council. The resolution was seconded by Councilmember Kirk and was adopted by vote of the City Council as follows: AYE: Thomas M. Godfrey Roselyn N. Kirk L. Wayne Horroks Florence B. Bittner W.M. "Willie" Stoler Allan Hardman NAY: None Thereupon the motion was approved by the City Council and made a matter of record by the Deputy City Recorder. BD1239 5 021288 ADOPTED AND APPROVED this 9th day of February, 1988. Chairperson 14-1 ATTES . M D y City Recorder ( S E A L ) 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: D y City Recorder ( S E A L ) BD1239 6 021288 STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) I , S. R. Kivett, the duly appointed, qualified and acting Deputy 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 9th day of February, 1988, insofar as the same relates to the awarding of the construction contract for Salt Lake City, Utah Curb and Gutter Extension No. 38-757 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 9th day of February, 1988. uty City Recorder ( S E A L - ) BD1239 7 021288 STATE OF UTAH ) ss. CERTIFICATE OF COMPLIANCE COUNTY OF SALT LAKE ) WITH OPEN MEETING LAW I , Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify: (a) that in accordance with the requirements of Section 52-4-6(1) , Utah Code Annotated 1953 , as amended, public notice of the 1988 Annual Meeting Schedule of the City Council of Salt Lake City (the "Council" ) was given, specifying the date, time and place of the regular meetings of the Council scheduled to be held during the year, by causing a Notice of Annual Meeting Schedule for the Council to be posted on January 1, 1988, and as amended, on January 12, 1988 at the temporary office of the Council at 324 South State Street, Salt Lake City, Utah; said Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during regular office hours at 324 South State Street until the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be provided on January 1, 1988, and as amended, on January 12, 1988 to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City or to a local media correspondent; (b) that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953, as amended, BD1239 8 021288 public notice of the regular meeting of the Council on February 9, 1988 was given by specifying in a Notice of Regular Meeting the agenda, date, time and place of the February 9, 1988 Council Meeting and by causing a copy of the Notice of Regular Meeting to be posted at the temporary office of the Council at the 324 South State Street in Salt Lake City, Utah on the Sth day of February, 1988, a date not less than 24 hours prior to the date and time of the February 9, 1988, regular meeting; said Notice of Regular Meeting having continuously remained so posted and available for public inspection during the regular office hours at 324 South State Street until the date and time of the February 9, 1988, regular Council meeting; and causing a copy of the Notice of Regular Meeting to be provided on February 5, 1988, to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City or to a local media correspondent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, this 9th day of February, 1988. y Recorder S E A L ) BD1239 9 021288 N Exhibit "A" Tabulation of Bids Bidder Proiect Bid McNeil Construction Inc. $2, 505,942 . 52 Geneva Rock Products Inc. 2, 536,803 . 15 Gibbons & Reed Company Inc. 2, 943, 661. 65 BD1239 10 021288