The URL can be used to link to this page

Home My WebLink About14458 RESOLUTION NO. 14458 A RESOLUTION APPROVING A SUPPLEMENTAL CONSTRUCTION CONTRACT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND MARTIN MARIETTA MATERIALS, INC., A NORTH CAROLINA CORPORATION, SETTING FORTH ADDITIONAL WORK FOR PROJECT NO. 20-035 STREET REHABILITATION PROJECT BY THE ADDITION OF REHABILITATION WORK ON PAUL TH HARVEY BOULEVARD, 15 STREET AND MINNEQUA AVENUE AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Supplemental Contract for Project No. 20-035 Street Rehabilitation Project, dated August 7 2020, a copy of which is attached hereto and incorporated by reference, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Purchasing Agent is hereby authorized and directed to execute said Supplemental Contract on behalf of the City and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Resolution and the attached Supplemental Contract, to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED August 24, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 24, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, P.E., Director of Public Works SUBJECT: A RESOLUTION APPROVING A SUPPLEMENTAL CONSTRUCTION CONTRACT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND MARTIN MARIETTA MATERIALS, INC., A NORTH CAROLINA CORPORATION, SETTING FORTH ADDITIONAL WORK FOR PROJECT NO. 20-035 STREET REHABILITATION PROJECT BY THE ADDITION OF REHABILITATION WORK ON PAUL HARVEY BOULEVARD, TH 15 STREET AND MINNEQUA AVENUE AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME SUMMARY: This Resolution approves and authorizes the Purchasing Agent to sign a Supplemental Construction Contract with Martin Marietta Materials, Inc. PREVIOUS COUNCI L ACTION: On July 27, 2020, City Council, by Resolution No. 14447, awarded a construction contract to Martin Marietta Materials Inc., for street rehabilitation along Fortino Boulevard, Outlook Boulevard, Greenwood Street and Eagleridge Boulevard. BACKGROUND: th This Resolution authorizes the rehabilitation of Paul Harvey Boulevard, 15 Street and Minnequa Avenue. These streets were selected from the Pueblo Arterial Roadway Pavement Management Plan. FINANCIAL I MPLICATIONS: The estimated costs of rehabilitation are as follows: Paul Harvey Boulevard $208,524.00 th 15 Street 49,972.45 Minnequa Avenue 186,843.75 Total $445,340.40 Sufficient funds currently exist in Project No. 20-035 to pay such costs. No additional budgeting and appropriation are necessary. BOARD/COMMI SSION RECOMMENDATI ON: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: th City Council could decide not to authorize the rehabilitation of Paul Harvey Boulevard, 15 Street and Minnequa Avenue. RECOMMENDATION: Approval of the Resolution. Attachments: Proposed Resolution Proposed Supplemental Contract 613 Santa Fe Drive Martin Pueblo, CO 81006 44000116x rietta Phone (719) 543-3823 N/ Fax (719) 545-3640 To: PUEBLO CITY OF Contact: TONY ACRI Address: PO BOX 1427 Phone: (719)553-2311 PUEBLO,CO 81002-0000 US Fax: (719)553-2309 Project Name: Street Rehab-20-035(Supplemental Contract) Project Number: Estimate Number: 22698 Project Location: Outlook Blvd.,Pueblo,CO Bid Date: 8/7/2020 (item 4 Item Description Estimated Quantity Unit Unit Price Total Price I A-PAUL HARVEY 1 Cold Mill Planing 2"Depth 14,000.00 SY $1.55 $21,700.00 2 Asphait/Base/Subgrade Removal/Haul/Stockpile At 778.00 CY $18.90 $14,704.20 Monument Compound 3 Install HMA PG SX 64-22 Asphalt 1,575.00 TON $62.60 $98,595.00 4 Adjust Water Valves To Finished Grade 2.00 EACH $150.00 $300.00 5 Reinstall Existing Pavement Markings Per Plan(Inlaid) 1.00 LS $49,925.00 $49,925.00 6 Traffic Control 1.00 LS $14,100.00 $14,100.00 7 Mobilization 1.00 LS $9,200.00 $9,200.00 Total Price for above A-PAUL HARVEY Items: $208,524.20 8-15TH STREET 8 Cold Mill Planing 2"Depth 3,383.00 SY $1.55 $5,243.65 9 Asphalt/Base/Subgrade Removal/Haul/Stockpile At 188.00 CY $18.90 $3,553.20 Monument Compound 10 Install HMA PG SX 64-22 Asphalt 381.00 TON $62.60 $23,850.60 11 Adjust Manholes To Finished Grade 2.00 EACH $525.00 $1,050.00 12 Adjust Water Valves To Finished Grade 2.00 EACH $150.00 $300.00 13 Adjust Survey Boxes To Finished Grade 2.00 EACH $350.00 $700.00 14 Vehicle Towing Allowance 5.00 EACH $90.00 $450.00 15 Install Pavement Markings Per City Plan(Inlaid) 1.00 LS $4,500.00 $4,500.00 16 Traffic Control 1.00 LS $4,350.00 $4,350.00 17 Mobilization 1.00 LS $5,975.00 $5,975.00 Total Price for above B-15TH STREET Items: $49,972.45 C-MINNEQUA 18 Cold Mill Planing 2"Depth 12,133.00 SY $1.55 $18,806.15 19 Asphalt/Base/Subgrade Removal/Haul/Stockpile At 674.00 CY $18.90 $12,738.60 Monument Compound 20 Install HMA PG SX 64-22 Asphalt 1,365.00 TON $62.60 $85,449.00 21 Adjust Manholes To Finished Grade 7.00 EACH $525.00 $3,675.00 22 Adjust Water Valves To Finished Grade 4.00 EACH $150.00 $600.00 23 Adjust Water Manholes To Finished Grade 6.00 EACH $525.00 $3,150.00 24 Adjust Survey Boxes To Finished Grade 4.00 EACH $350.00 $1,400.00 25 Vehicle Towing Allowance 5.00 EACH $90.00 $450.00 26 Install Pavement Markings Per City Plan(Inlaid) 1.00 LS $19,500.00 $19,500.00 27 Traffic Control 1.00 LS $14,100.00 $14,100.00 28 Mobilization 1.00 LS $8,975.00 $8,975.00 29 Cum Ramp Repairs 4.00 EACH $4,500.00 $18,000.00 8/7/2020 5:18:52 PM Page 1 of 3 615 Santa Fe Drive Martin Pueblo, CO 81006 Phone (719) 543-3823 440110166 N/ c:riettci Fax (719) 545-3640 To: PUEBLO CITY OF Contact: TONY ACRI Address: PO BOX 1427 Phone: (719)553-2311 PUEBLO,CO 81002-0000 US Fax: (719)553-2309 Project Name: Street Rehab-20-035(Supplemental Contract) Project Number: Estimate Number: 22698 Project Location: Outlook Blvd.,Pueblo,CO Bid Date: 8/7/2020 Total Price for above C-MINNEQUA Items: $186,843.75 Total Alternate Price: $445,340.40 Notes: •The following Proposal, . - •• ••• ••• •- - • -• • - - shall constitute a contract between the parties to this Proposal.This Proposal shall be valid for a period of Thirty(30)days from the date of Proposal unless otherwise specifically stated in the Proposal. •This contract is expressly conditioned upon approval of Customer's credit by Martin Marietta Materials Inc.'s credit department,and Martin Marietta Materials Inc.shall have no obligation to perform its obligations hereunder until such approval has been obtained. Project scheduling is subject to receipt of accepted Proposal.Please sign in spaces provided to indicate acceptance and return original. Note terms and conditions of sale as listed on Proposal document. •The original Construction Contract dated 3uly 2B,2020("Original Contract")Is hereby ratified and shall remain in full force and effect.In the event of a conflict between the terms and conditions of the Original Contract and this Supplemental Contract,the Original Contract shall control. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory and Martin Marie, terials • c.(Pueblo) hereby accepted. Buyer: PUEBLO CITY OF �� ' I-mes.W nsca D • • 44Y-• Signature: Date of Acceptance: el* Q 7194914532 �! iames.wallace@martinmarietta.com 8/7/2020 5:18:52 PM Page 2 of 3 MARTIN MARIETTA MATERIALS INC.AGREES TO FURNISH LABOR AND MATERIALS TO CUSTOMER AS SET FORTH ON THE ATTACHED PROPOSAL HEROF,SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1)RRESPONSIBILITIES OF CUSTOMER AND MARTIN MARIETTA MATERIALS INC.:Customer shall reimburse Martin Marietta Materials Inc.for all expenditures for any required permits or inspection fees assessed by any govemment entity and paid by Martin Marietta Materials Inc.unless stated otherwise on the reverse hereof Customer shall ensure that all manholes and other utility structures are on proper grade,in proper alignment,and are properly flagged. Martin Marietta Materials Inc.shall not be liable for any damage to underground facilities caused by equipment used in the performance of this contract. 2)SUBBASE,AND/OR BASE COURSES: If the subbase and/or base course has not been placed by Martin Marietta Materials Inc.,then Martin Marietta Matenals Inc.shall not be liable for any defects in the finished pavement developing as a result of any subbase,and/or base course failure. If,after being advised of existing inadequate or defective subbase and/or base course conditions,Customer directs Martin Marietta Materials Inc.to proceed with the work without first correcting those conditions,then Martin Marietta Materials Inc.shall not be liable for any subsequently occurring paving defects or failures. 3)PAYMENT: Martin Marietta Materials Inc.will,from time to time,submit invoices to Customer for work performed and materials and equipment provided by Martin Marietta Materials Inc.. Payment shall be due 30 days from the date of Martin Marietta Materials Inc.'s invoice. Interest at the rate of 18%per annum shall accrue on all invoice amounts not paid when due. In addition, Customer shall be liable for all costs and reasonable attomey's fees incurred by Martin Marietta Materials Inc.in the collection of any unpaid balance. The Customer shall not withhold retention. 4)TAXES: The quotation on the reverse side hereof includes sales or use taxes as applicable on job related materials. 5)SHEDULING OF WORK: Martin Marietta Materials Inc.reserves the right to delay its work until,in its sole judgment,a sufficient area of the job is ready to be paved. If additional mobilizations are requested,they will be billed on a unit price basis. Customer recognizes that Martin Marietta Materials Inc.'s ability to perform paving work is dependent upon site,weather,and temperature conditions and Customer agrees that any projected starting or completion date and any work schedule will remain subject to site,weather,and temperature conditions. Martin Marietta Materials Inc.will use its best reasonable efforts to begin and complete all work promptly. However,Martin Marietta Materials Inc.does not promise or warrant completion by any specific date. 6)ADDITIONAL WORK: Unless otherwise agreed to in this contract,quantity increases will be billed either on a unit price basis,or at time and material rates as agreed to by Martin Manetta Materials Inc.and Customer,so long as the extra work can be performed while Martin Marietta Materials Inc.is at work at the job site performing the original work. Otherwise unit paces for any additional extra work will be negotiated by the parties prior to commencement of such additional work. 7)TERMINATION: Martin Marietta Materials Inc.shall have the right to terminate the contract and shall have no further obligation to perform the contract in the event of any one of the following occurrences. • Martin Marietta Materials Inc.is put on allocation for liquid asphalt,fuel,or other petroleum products,or its performance is otherwise restricted by govemmental order or regulation. • Customer fails to make payments when due. • Circumstances or events beyond Martin Marietta Materials Inc.'s control prevent completion of the work. • If Martin Marietta Materials Inc.becomes aware of any hazardous substance in,on,or under the property,Martin Manetta Materials Inc.has the right to discontinue work until the hazardous substance is removed or dealt with in accordance with applicable law. Hazardous substance shall mean any substance defined as hazardous in any federal,state,or other applicable law or regulation. Martin Marietta Materials Inc.shall not be responsible for removing or otherwise dealing in any manner with any hazardous substance on the property being improved. The Owner of the property shall indemnify Martin Marietta Materials Inc.and hold it harmless against any loss,damage,or expense that may be incurred by Martin Marietta Materials Inc.which is caused by or attributable to the presence of any hazardous substance in,on,or under the property. • If national or regional shortages of crude oil and/or other raw materials used for construction supplies occur,the parties agree that the contract pace stated herein may be increased or decreased by the amount necessary to reflect increases or decreases after the date of this quotation. Martin Marietta Materials Inc.shall give notice of any increase prior to commencing work,and Customer shall have the right to terminate this agreement within 24 hours after receipt of such notice of increase;provided,however,that the Owner or Customer shall pay Martin Marietta Materials Inc.its actual expenses incurred through the date of such notice. • In the event Martin Marietta Materials Inc.terminates the contract for any of the reasons set forth above,Martin Marietta Materials Inc.shall provide Customer with an invoice for all work completed prior to termination,and Customer shall promptly pay the full amount of said invoice. • Under no circumstances shall Martin Marietta Materials Inc.be liable for special,indirect,or consequential damages incurred as a result of termination of work. 8)WARRANTY:Martin Marietta Matenals Inc.warrants that its labor and services will be performed and its materials supplied in a good and workmanlike manner. All materials supplied by Martin Marietta Materials Inc.shall be of standard grade unless otherwise specified in writing.THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,WHICH ARE HERBY DISCLAIMED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. Martin Marietta Materials Inc.'s warranty shall continue for a period of one year from the date of substantial completion of its work hereunder. Any claim for defective workmanship or material or for breach of this warranty must be made in writing,delivered via certified mail,return receipt requested,to Martin Marietta Materials Inc.within 20 days from the date of delivery of the materials or performance of the work by Martin Marietta Materials Inc.. Failure to comply with the preceding clause shall constitute a full,complete,and unconditional acceptance of materials and work. Martin Marietta Materials Inc.'s liability hereunder,whether in contract,tort,under any warranty,in negligence or otherwise,shall be limited to the reasonable cost of any labor and/or materials shown to Martin Marietta Matenals Inc.'s satisfaction to have been defective. Under no circumstances shall Martin Marietta Materials Inc.be liable for special,indirect or consequential damages. The parties agree that,if soil sterilizer is required to be applied under the terms of this contract,a licensed contractor other than Martin Marietta Materials Inc.will perform such application. Martin Marietta Materials Inc.shall assign to Customer the manufacturer's warranty,if any, given in connection with such soil sterilizer. Martin Marietta Materials Inc.shall not be liable for any damage caused by such application of soil sterilizer. 9)ATTNORNEY'S FEES AND COSTS: In the event that Martin Marietta Materials Inc.either initiates or is named as a party in any legal action arising from or related to the furnishing of labor, services,and/or materials to Customer,including any litigation to enforce a mechanic's lien,Customer shall be liable for all costs and reasonable attorney's fees incurred by Martin Marietta Materials Inc.in such litigation. 10)INDEMNIFICATION: To the fullest extent permitted by law,Customer shall indemnify Martin Marietta Materials Inc.and hold it harmless from and against claims,damages,losses and expenses arising out of or resulting from performance of Martin Marietta Materials Inc.'s work under this contract,provided that any such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the work itself),but only to the extent caused by the negligent acts or omissions of Customer, Customer's subcontractors,anyone directly or indirectly employed by them or anyone for whose acts they may be liable. The parties acknowledge that this document contains the entire understanding and agreement conceming the work to be done by Martin Marietta Materials Inc.. There are no agreements,oral or otherwise,which are not set forth herein. 8/7/2020 5:18:52 PM Page 3 of 3