HomeMy WebLinkAbout13441RESOLUTION NO. 13441
A RESOLUTION RESCINDING RESOLUTION NO. 13024
AND TERMINATING A SUBSEQUENT CONSTRUCTION
CONTRACT BETWEEN PUEBLO, A MUNICIPAL
CORPORATION AND FEDCO, INC., A COLORADO
CORPORATION, RELATING TO CITY PROJECT NO. 14-
006, TRANSIT CENTER PASSENGER SHELTER
INSTALLATION
WHEREAS, Resolution No. 13024, passed and approved on August 11, 2014
awarded a Construction Contract to Fedco, Inc. for City Project No. 14-006; and
WHEREAS, Fedco, Inc. has materially breached its Construction Contract with the
City; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Resolution No. 13024 shall be and hereby is rescinded. The subsequent
Construction Contract with Fedco, Inc. shall be and hereby is terminated.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution to effectuate the transactions
described therein.
SECTION 3.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: May 23, 2016
BY: Ed Brown
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 23, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: A RESOLUTION RESCINDING RESOLUTION NO. 13024 AND TERMINATING
THE SUBSEQUENT CONSTRUCTION CONTRACT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND FEDCO, INC., A COLORADO
CORPORATION, RELATING TO CITY PROJECT NO. 14-006, TRANSIT
CENTER PASSENGER SHELTER INSTALLATION
SUMMARY:
Attached is a proposed Resolution rescinding Resolution No. 13024 and terminating the
subsequent Contract with Fedco, Inc. Fedco, Inc. failed to perform in accordance with the terms
of its Contract with the City.
PREVIOUS COUNCIL ACTION:
On August 11, 2014, City Council passed Resolution No. 13024 which awarded a construction
contract to Fedco, Inc. Fedco, Inc. breached the Construction Contract by failing to install a red
roof and a dark bronze aluminum frame.
BACKGROUND:
Paragraph 2.22 of the Construction Contract between the City and Fedco, Inc. specified that a
red roof and a dark bronze aluminum frame were to be installed at the Transit Center Shelter.
Fedco, Inc. failed to comply with the Contract’s specifications. A black roof was improperly
installed. To date, Fedco, Inc. has refused and failed to correct its error.
FINANCIAL IMPLICATIONS:
The City will hire another contractor to complete the work on the Transit Center Shelter.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
The City could give Fedco, Inc. more time to correct its error, however, Fedco, Inc. has been given
several weeks to comply with the Construction Contract.
RECOMMENDATION:
Approval of the Resolution. The prior Resolution No. 13024 must be rescinded and the Contract
with Fedco, Inc. must be terminated before a new contractor can be hired.
Attachments: