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RESOLUTION NO. 13623
A RESOLUTION AWARDING A CONSTRUCTION
CONTRACT IN THE AMOUNT OF $238,200 TO KIEWIT
INFRASTRUCTURE CO. AND SETTING FORTH
$40,054.51 FOR CONTINGENCIES, FOR PROJECT NO.
SW1702 THE FOUNTAIN CREEK LEVEE STORM SEWER
REPLACEMENT AND AUTHORIZING THE PURCHASING
AGENT TO EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
This contract is for replacement of approximately 113 lineal feet of corroded pipe
through the Fountain Creek Levee, along with surface improvements. Contract
Agreement for The Fountain Creek Levee Storm Sewer Replacement with Kiewit
Infrastructure Co., Project No. SW1702 is hereby awarded to said bidder in the amount
of $238,200.
SECTION 2.
Funds for Project SW1702 shall be from the Stormwater Utility User Funds.
SECTION 3.
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 4.
In addition to the amount of the bid set forth, as aforementioned, an additional
amount as stipulated in this section is hereby established for contingencies and
additional work.
Contingencies and Additional Work………$40,054.51
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the contract to effectuate the
transactions described therein.
SECTION 6.
This Resolution shall become effective immediately upon final passage and approval
and upon final passage and approval of February 27, 2017 Agenda Item R-3.
INTRODUCED February 27, 2017
BY: Ed Brown
City Clerk’s Office Item # M-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: February 27, 2017
TO:
President Stephen G. Nawrocki and Members of City Council
CC:
Sam Azad, City Manager
VIA:
Gina Dutcher, City Clerk
FROM:
Earl Wilkinson, Public Works Director
SUBJECT:
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE
AMOUNT OF $238,200 TO KIEWIT INFRASTRUCTURE CO. AND
SETTING FORTH $40,054.51 FOR CONTINGENCIES, FOR PROJECT
NO. SW1702 THE FOUNTAIN CREEK LEVEE STORM SEWER
REPLACEMENT AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE THE SAME
SUMMARY:
This Resolution awards a construction contract to Kiewit Infrastructure Co. for Project
No. SW1702 The Fountain Creek Levee Storm Sewer Replacement. The project will
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replace a corroded storm sewer pipe through the levee, located at 4 Street and Erie
Avenue.
PREVIOUS COUNCIL ACTION
:
None
BACKGROUND
:
The City of Pueblo is currently working to have the Fountain Creek Levee recertified to
maintain the United States Army Corps of Engineers and FEMA requirements
necessary to provide flood protection to portions of the City. Part of the requirements
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for the recertification is to replace the corroded pipe through the levee at 4 Street and
Erie Avenue. If the corroded pipe is not replaced, damage to the levee will occur and
the levee will not be recertified.
Currently, the Colorado Department of Transportation (CDOT) has a project, STM 0961-
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013, under construction providing improvements along 4 Street from Midtown Circle
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Drive to just north of E. 13 Street. The City has an opportunity to save costs by
utilizing CDOT’s contractor to help replace the corroded pipe and CDOT will participate
with a portion of the installation cost. CDOT will increase their contractor’s contract to
include replacing the storm sewer pipe and pay $130,000 towards the cost. Utilizing
their contractor will also save the City approximately $100,000 in mobilization, bonding,
traffic control, street repair, C&G repair, etc. The total savings on this project for the
City is approximately $230,000 with the participation of CDOT.
FINANCIAL IMPLICATIONS
:
The cost of the construction project was bid at $238,200 with contingencies of
$40,054.51. Funds are available from the Storm Utility User Funds and have been
budgeted and appropriated to Project No. SW1702.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
None
ALTERNATIVES
:
Alternative No. 1 – No Action
Under this alternative, the storm sewer pipe will not be replaced and will continue to
cause damage to the levee. The levee cannot be recertified and CDOT will not
participate with covering some of the replacement cost.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
: Contract
ARTICLE 1
C. CONTRACT AGREEMENT
THIS AGREEMENT made and entered into this 27th day of February, 2017, by and between the
City of Pueblo, a Municipal Corporation, hereinafter referred to in the Contract Documents as the
"City", and Kiewit Infrastructure Co., a Delaware Corporation, hereinafter referred to in the Contract
Documents as "Contractor".
WITNESSETH, in consideration 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;
Project No: SW 1702
Project Name: The Fountain Creek Levee Storm Sewer Replacement
At the prices bid on the Request for Quotations 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 Public Works of Pueblo, all to the satisfaction of the Director
of Public Works for the City of Pueblo.
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
Proposal Form of this Contract. 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.
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 components, 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:
Mandatory Submittal Sheet
Article 1 A. Advertisement for Bids (NIC)
B. Request for Quotations
C. Contract (This Instrument)
D. Performance Bond
E. Payment Bond
F. Notice to Proceed
Article 2 Special Provisions
Article 2A-1 Labor Provisions (NIC)
Article 3 General Provisions
Page 3 of 9
C-ART1-B;1-13-2003
(Contract Agreement— Page 2)
The Standard Construction Specifications and Standard Details for City of Pueblo,
Colorado, adopted March 28, 2005; Colorado Department of Transportation
Standard Plans (M&S Standards), latest edition; and Colorado Department of
Transportation Standard Specifications for Road And Bridge Construction, latest
edition are hereby included by reference and all provisions thereof shall be applicable.
By submitting his bid, the Contractor acknowledges that he/she possesses a copy of said
documents.
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 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 for all work will be made upon completion of the entire Project and
verification is made that it has been inspected and approved by authorized Stormwater
personnel.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
KIEWIT INFRASTRUCTURE CO.
By(zZ t '"
het apto i all
Title Project Manager
PUEBLO, A MUNICIPAL CORPORATION
By
Director of Purchasing
ATTEST:
•
City Clerk
BALANCE OF APPROPRIATION EXISTS FOR
THIS CE,ACT AND FUNDS ARE AVAILABLE:
Director of Finance
APPROVED AS TO FORM:
VI
City Attorney
Page 4 of 9
C-ARTI-B;1-13-2003
ARTICLE 1
B. REQUEST FOR QUOTATIONS
Project No: SW 1702
Project Name: The Fountain Creek Levee Storm Sewer Replacement
All proposals are to be prepared on this form. All blank spaces must be correctly filled in where
indicated for each and every item for which a quantity is given, and the bidder must state the prices
(written in ink or typewritten)for which he proposes to do each item of the work contemplated or furnish
each item of the materials required.
The undersigned, having become familiar with the local conditions affecting the cost of the work, and
with the contract documents, including advertisement for bids, the form of proposal, the form of contract,
form of bond, special provisions of the contract, general provisions of the contract, etc., plans, drawings
and specifications, issued and attached to the contract documents on file in the office of the Purchasing
Agent, hereby proposes to furnish all of the labor, materials, necessary tools and equipment and all utility
and transportation service necessary to perform and complete in a workmanlike manner all of the work
required in connection with the construction of The Fountain Creek Levee Storm Sewer Replacement in
accordance with the plans and specifications as prepared by or for the City of Pueblo, Colorado, for the
sums set forth in the following bidding schedule:
BID UNIT OF
ITEM DESCRIPTION MEASURE UNIT PRICE TOTAL
1 48 inch HOBAS Hand Tunnel 113 LF $1,400.00 $158,200.00
2 Outlet Works and Trail Crossing 1 LS $80,000.00 $80,000.00
GRAND TOTAL BID $238,200.00
The Grand Total Bid shall be the basis for establishing the amount of the performance bond for this
contract. The total bid is based on quantities shown on the proposal form and on the dimensions shown
on the plans, and is subject to additions or reductions according to the actual construction quantities as
determined by the Engineer upon completion of the construction.
The City reserves the right to adjust the required quantities and the contractor shall furnish said
quantities at the unit price quoted above. The time allowed for construction shall be adjusted in direct
proportion of the adjusted quantities to the estimated quantities.
The undersigned has carefully checked the above quantities against the plans and specifications
before preparing this proposal and accepts the said quantities as substantially correct, both as to
classification and amount, and as correctly listing the work to be done in accordance with the plans and
specifications.
The bidder must sign his proposal correctly and in ink; if the proposal is offered by an individual, his
name, office and post office address must be shown. If made by a firm or partnership, the name, office
and post office address of each member of the firm or partnership must be given; if offered by a
corporation, the person signing the proposal must give the name of the state under the laws of which the
corporation was chartered, and the name, title and business address of the President, Secretary and the
Treasurer. Anyone signing a proposal as agent must file legal evidence of his authority to do so, and that
the signature is binding upon the firm or corporation.
The undersigned, if awarded the contract, agrees to complete and file the complete contract and
performance bond in quadruplicate within twenty-four(24) hours of the date of Notice of Award, and
further agrees to complete the work within sixty(60) calendar days of Notice to Proceed.
Page 1 of 9
C-ART1-B;1-13-2003
Liquidated damages will be assessed in accordance with Section 3.54 of ARTICLE 3 - GENERAL
PROVISIONS, for every calendar day thereafter until the work is complete and accepted by the City of
Pueblo.
NOTE: Bidders should not add any conditions or qualifying statements to this bid as otherwise the
bid may be declared irregular as being not responsive to the advertisement for bids.
The contractor shall be subject to all applicable City, County, State and Federal Taxes in the
performance of this contract.
Firm Name: KIEWIT INFRASTRUCTURE CO.
Business Address: 160 Inverness Drive West, Suite 110 Englewood, CO 80112
By: d,iii ../17.-(0)1e6V(P
Printed Name and Title: Chet Haptonstall, Project Manager
Date: )—I2-4I. t1 Tele. No. : 303-979-9330
Fax No. : 303-325-0304
Contractor's Federal I.D. Number: 47-0640263
Page 2 of 9
C-ART1-B;1-13-2003