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Home My WebLink About15001RESOLUTION NO. 15001 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,032,873.79 TO MARTIN MARIETTA MATERIALS, INC., AND SETTING FORTH $103,287.38 FOR CONTINGENCIES, FOR PROJECT NO. 22-079 ASPHALT PAVING – PHASE 4 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, competitive bids for the Project No. 22-079 Asphalt Paving – Phase 4 have been received and examined; and WHEREAS, the proposal of Martin Marietta Materials, Inc., was the only bid determined to be responsive, and the Committee of Awards recommends to the City Council that it authorize Project No. 22-079 to be performed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. City Council authorizes Project No. 22-079 Asphalt Paving – Phase 4 to be performed, and the contract for said project is hereby awarded to Martin Marietta Materials, Inc., in the amount of $1,032,873.79. SECTION 2. Funds for Project 22-079 shall be from Project No. CI2204 Street Rehabilitation Project. SECTION 3. The Purchasing Agent is hereby authorized to execute said contract on behalf of the City 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………$103,287.38 SECTION 5. The officers and staff of the City of Pueblo are authorized to perform any and all acts consistent with the intent of this Resolution and the contract to implement the transactions described therein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED September 12, 2022 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # Q-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 12, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew E. Hayes, P.E., Director of Public Works SUBJECT: A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,032,873.79 TO MARTIN MARIETTA MATERIALS, INC., AND SETTING FORTH $103,287.38 FOR CONTINGENCIES, FOR PROJECT NO. 22-079 ASPHALT PAVING – PHASE 4 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: Attached is a resolution awarding a construction contract to Martin Marietta Materials, Inc., for Project No. 22-079 Asphalt Paving – Phase 4. PREVIOUS COUNCIL ACTION: None. BACKGROUND: In general, this project will consist of milling and asphalt overlaying of the streets and associated construction on Ridge Drive between Eagleridge Boulevard and just north of Highway 50 and Alan Hamel Avenue from Santa Fe Avenue west approximately 400 feet. FINANCIAL IMPLICATIONS: Funding (including contingencies) in the amount of $1,136,161.17 will be paid from account CI2204 Street Rehabilitation Project. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this resolution will cancel the project. RECOMMENDATION: Approval of the Resolution. Attachments: Bid Summary Sheet ARTICLE I E. CONTRACT AGREEMENT THIS AGREEMENT made and entered into this 26'h day of September, 2022, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to in the Contract Documents as the"City", and Martin Marietta Materials, Inc., a North Carolina Company Authorized to do business in the State of Colorado, 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; Bid No: 22-079(CI2204) Bid Name: Asphalt Paving-Phase 4 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: I. 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: Addendum No. 1 Mandatory Submittals Article 1 A. Advertisement for Bids B. Request for Quotations C. Bid Bond D. Notice of Award E. Contract(This Instrument) F. Performance Bond G. Payment Bond H. Notice to Proceed Article 2 Special Provisions Article 2A-1 Labor Provisions Article 3 General Provisions Contract Drawings Sheets 1-15 The Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, adopted April 11, 2022, are hereby included by reference and all provisions thereof shall be applicable. (Contract Agreement—Page 2) 5. Title XI[,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. This Contract may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format,or by copy transmitted via email,or by other electronic means and in one or more counterparts,each of which shall be:(i)an original,and all of which taken together shall constitute one and the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law,and(iii)enforceable in accordance with its terms. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. MARTIN MARIETTA MATERIALS,INC. Ted Low' r -- Title General Manager44 C o _ �5 /0 6. BLO,A MUNICIPAL CORPORATION • y .l �. b 6405 1 irt..t.- , e - k ''.. ✓ " '"^� I Naomi Redden, 'irector of R • asing -'9 -:._. .••• • J �,.... _4 r t .,..4 i �, ST: Golo z :,--1-7.0-1 gi' —..,,",,77d '� - 'sa Stoller,City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: ura S ,C ief of Staff APPROVED AS TO FORM: 4 ..,..._ ..... ..,,,,ci,-, , _,-.... ..4<-, ,.,,,,„,,,. . . Dan Kogovsek,City Attorney i ARTICLE 1 E. CONTRACT AGREEMENT THIS AGREEMENT made and entered into this 26th day of September, 2022, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to in the Contract Documents as the "City", and Martin Marietta Materials, Inc., a North Carolina Company Authorized to do business in the State of Colorado, 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; Bid No: 22-079(CI2204) Bid Name: Asphalt Paving-Phase 4 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: I. 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 ally 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: Addendum No. 1 Mandatory Submittals Article I A. Advertisement for Bids B. Request for Quotations C. Bid Bond D. Notice of Award E. Contract(This Instrument) F. Performance Bond G. Payment Bond H. Notice to Proceed Article 2 Special Provisions Article 2A-1 Labor Provisions Article 3 General Provisions Contract Drawings Sheets 1-15 The Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, adopted April 11, 2022, are hereby included by reference and all provisions thereof shall be applicable. (Contract Agreement-Page 2) 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 1, 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. This Contract may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format,or by copy transmitted via email,or by other electronic means and in one or more counterparts,each of which shall be: (i)an original,and all of which taken together shall constitute one and the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law,and(iii)enforceable in accordance with its terms. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. MARTIN MARIETTA MATERIALS,INC. : ---.07,.., _..-,...4‘; Ted Low. r -- Title General Manager ��. 4 , s: �°4►. BLO,A MUNICIPAL CORPORATION /, ros ). • ‘4,/.% ' "\ to , r0. . et Le it 1 /1 16 '-' ",�:, z,3,-)..A I Naomi Hedden, a irector of Fr • asing ir+r.� • ,.s.. .::,-- "'-'--3s...---- • / IIII -._________„ t'sa Stoller,City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: lio �j9/ aura Solano,Chief of Staff APPROVED AS TO FORM: /4-I Dan Kogovsek,City Attorney /