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HomeMy WebLinkAbout4118_CCv0001.pdf RESOLUTION NO. 4118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AWARDING CONTRACT FOR CON- STRUCTION OF WATER TREATMENT PLANT AND RELATED FACILITIES SUBJECT TO RECEIPT OF PROCEEDS FROM SALE OF CERTIFICATES OF PARTICIPATION WHEREAS, the City Council ( "this City Council" ) of the City of Redlands ( "the City" ) has adopted Resolution No. 4117 approving a Purchase Agreement, a Preliminary Official Statement and a Final Official Statement with respect to the sale of Certificates of Participation in an amount not to exceed $14,000,000 ( the "Certificates" ) , the proceeds of which are to be utilized as provided in the Installment Sale Agreement and the Trust Agreement, both dated as of November 1, 1985, and the other agreements which have been approved and authorized by Resolution No. 4116 adopted by this City Council for the construction of a water treatment plant and related facilities having a capacity of 12 million gallons per day, which project has been identified for the purpose of receiving bids for the construction thereof as the "Horace P. Hinckley Water Treatment Plant" ( the "Project" ) ; and WHEREAS, pursuant to duly published notice, the City received bids for the construction of the Project on October 14 , 1985, which bids were publicly opened and reviewed, all in accordance with applicable legal require- ments; and WHEREAS, this City Council has determined that the responsible bidder submitting the bid or proposal for said project which will result in the lowest cost to the City is Weardco Construction Corp. , and that it is in the best interest of the City that the contract for the construction of the Project be awarded to said firm; NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: 1. The contract for the construction of the Project is hereby awarded to Weardco Construction Corp. (the "Contractor" ) , subject to the receipt by Bank of America National Trust and Savings Association, as Trustee pursuant to the aforementioned Trust Agreement ( the "Trustee" ) , of the proceeds from the sale of the Certificates . 2 . The award of said contract is specifically made contingent upon the Trustee being able to deliver the Certificates on terms and conditions which are acceptable to the City and the receipt by the Trustee of the proceeds from the sale of the Certificates on or before December 30, 1985. Should the Trustee be unable to sell and deliver the Certificates on such terms and conditions and receive the proceeds thereof prior to said date, the award of said contract shall be nullified and of no further force or effect . Upon the receipt by the Trustee of the proceeds -2- from the sale of the Certificates, the Mayor and City Clerk shall execute and deliver on behalf of the City the contract for the construction of the Project . 3 . The City Clerk is hereby authorized and directed to return to all bidders who submitted bids for the construction of the Project, except the three lowest bidders therefor , the bid security which accompanied their bids . The City Clerk shall retain the bid security which accompanied the bid of the Contractor , and the bid security of the bidders who submitted the second and third lowest bids for the Project until such time as the Contractor executes and delivers, in satisfactory form pursuant to the plans and specifications for the Project, a written contract for the construction of the Project and the payment and performance bonds and insurance certificates and other documentation required by said plans and specifications. At such time as the Contractor so satisfies the terms and conditions of the plans and specifications, the City Clerk shall return to the said second and third low bidders the bid security which accompanied their bids. Adopted this 15th day of-October, 1985. Mayor of the City of Redla ds ATTEST: Cit lerk o e City of Redl nds -3- I, LORRIE FOYZER, City Clerk of the City of Redlands, California, do hereby certify that the foregoing Resolution No. 4118 was regularly introduced and adopted by the City Council of the City of Redlands, California, at a regular meeting thereof held on the 15th day of October, 1985, by the following vote of the City Council : AYES: Councilmembers DeMirjyn, Martinez , Larsen; Mayor Beswick NOES: Councilman Johnson ABSENT: None ABSTAINED: None and that said resolution has not been amended, superseded or repealed, and is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands, California, this 15th day of October , 1985. MitClerk o e City of Redl nds --4- I RTA45