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HomeMy WebLinkAbout13623 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 th 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 th 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- th 013, under construction providing improvements along 4 Street from Midtown Circle th 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