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Home My WebLink About11723RESOLUTION NO. 11723 A RESOLUTION AWARDING A CONTRACT IN AN AMOUNT NOT TO EXCEED $37,175.00 TO WESTERN STEEL AND BOILER COMPANY FOR EMERGENCY REPAIRS TO A HEATING BOILER AT THE WATER RECLAMATION FACILITY AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME WHEREAS, informal bids for the emergency repair have been received and examined, and; WHEREAS the proposal of Western Steel and Boiler Company of Denver, Colorado was determined to be most responsive; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A contract to perform emergency heating boiler repair at the James R. Dilorio Water Reclamation Facility be, and the same is hereby awarded to said bidder in an amount not to exceed $37,175.00. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, A Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funds for said project shall be from the Sewer User Fund. A77TSTDD SY: CITY CLERK INTRODUCED: October 26. 2009 BY: Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # N -4 DATE: October 26, 2009 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION AWARDING A CONTRACT IN AN AMOUNT NOT TO EXCEED $37,175.00 TO WESTERN STEEL AND BOILER COMPANY FOR EMERGENCY REPAIRS TO A HEATING BOILER AT THE WATER RECLAMATION FACILITY AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME ISSUE Should the City Council award a contract in an amount not to exceed $37,175.00 to Western Steel And Boiler Company for emergency repairs to a heating boiler at the Water Reclamation Facility? RECOMMENDATION Approve this Resolution. BACKGROUND Under the provision of § 1 -10 -5 of the Municipal Code, on October 7, 2009, the Wastewater Department requested and received permission to award a contract to Western Steel And Boiler Company for emergency repairs to heating boiler # 14613 at the Water Reclamation Facility. This boiler provides heat to the buildings at the Water Reclamation Facility. Most pumps at the Water Reclamation Facility use water seals. If the seal water freezes, the pumps would be damaged and the Water Reclamation Facility would be unable to operate. The boiler is more than 20 years old, and the tubes and tube sheets inside the boiler have begun leaking due to corrosion caused by the acidic environment. In its current condition the boiler appears unlikely to be able to operate throughout the 2009 -2010 winter season. There is no backup for this boiler. Due to the lateness of the season, time is critical. The work is already under way as an emergency. The Wastewater Department solicited bids from six vendors to perform the needed repairs. There are no qualified firms closer than Denver due to the requirement for boiler repairs of this nature to be performed by certified inspectors holding a Class "R" certification under the National Board Inspection Code. Three of the vendors were qualified but unable to respond immediately because of pre- existing commitments. Western Steel and Boiler Company is familiar with the Water Reclamation Facility and with this boiler as a result of having performed repair work in 2008. Because of the time - critical nature of the problem, the fact that Western Steel and Boiler Company can perform more quickly because of their past experience, and the fact that all vendor quotes were similar, a sole- source emergency repair contract was awarded to Western Steel and Boiler Company. FINANCIAL IMPACT Funding for this project will be taken from the Sewer User Fund. Funding is available and was appropriated in the 2009 budget. CONTRACT AGREEMENT For Emergency Boiler Repair THIS AGREEMENT made and entered into this �- day of October, 2009, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to in the Contract Documents as the "City and Western Steel & Boiler Company, referred to in the Contract Documents as " Contractor ". WITNESSETH: Inconsideration of the sum to be paid by the City to the Contractor at the time and in the manner hereinafter provided, the said Contractor has agreed, and does hereby agree, to furnish all labor, tools, equipment and material and to pay for all such items, and to construct complete in every detail, To -Wit: Emergency boiler repair: Replacement of tube sheets and tubes At the prices bid in Article I.B. Request for Quotation form, in accordance with the drawings and specifications, and all Contract Documents for this project which are on file and available for inspection in the office of the Director of Wastewater, all to the satisfaction of the Director of Public Works for the City of Pueblo, Colorado AND FOR SAID CONSIDERATION IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT AS FOLLOWS: 1. Construction and installation of the above enumerated work for the City shall be completed and ready for use in accordance with the time of completion described in the Notice to Proceed for the Sub - Project. This time shall be extended only for those periods set forth in the Contract Documents and in accordance with the requirements of same. 2. The work and material for the Project covered by the Contract Documents shall be completely installed and delivered to the City within the time above stated, clear and free from any and all liens, claims and demands of any kind. Wherever in the Contract Documents the term "Project" is used, it shall be taken to mean this Sub - project. 3. The full compensation to be paid to the Contractor by the City, pursuant to the terms of this Contract, shall be payable as provided in the Contract Documents. 4. This Contract consists of the following component parts and documents, all of which taken together constitute and are referred to as the Contract Documents, and the same are incorporated as part of the Contract as if set out herein verbatim, whether the same have been attached hereto or not: A. Request for Quotations B. This Contract Agreement C. General Conditions of the Contract — Article 3 D. Special Conditions E. The Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, (most current edition in effect on date of bid opening), are hereby included by reference and all provisions thereof shall be applicable. By submitting his bid, the Contractor acknowledges that he possesses a copy of said document. 5. Title XII, Chapter 2, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 3476, and amended by Ordinance No. 4476 and 5229, shall be considered a part of this contract. 6. Title I, Chapter 8, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 4479, shall be considered a part of the contract. 7. All of the covenants and agreements set forth in the Contract Documents shall inure to the benefit of and be binding upon City and Contractor and their respective heirs, legal successors and assigns and shall be governed by the laws of the State of Colorado. 8. Payment and Performance Bonds will not be required for this project if the bid amount is less than $50,000.00 (per §38 -26 -106, C.R.S.). Progress payments will not be made, and a single payment all work will be made upon completion of the entire Project and verification is made that it has been inspected and approved by authorized Wastewater personnel. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in four(4) original counterparts as of the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION By urchasing Agent ATTEST: City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT N FUNDS ARE AVAILABLE: DIfector of Finance APPROVED AS TO FO ,7;L S a f er( ; , Cit ttorney Title a��