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HomeMy WebLinkAbout09807ORDINANCE NO. 9807 AN EMERGENCY ORDINANCE APPROVING AN AMENDMENT TO A CONSTRUCTION CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND DOUG VAUGHN, LLC, PROVIDING FOR ADDITIONAL CURB RAMP AND SIDEWALK REPAIRS RELATING TO PROJECT NO. 20-030 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME, ESTABLISHING PROJECT HU2002 CURB & GUTTER PROJECT, TRANSFERRING FUNDS FROM PROJECT HU2001 IN THE AMOUNT OF $1,198,000 TO PROJECT HU2002 AND BUDGETING AND APPROPRIATING SAID FUNDS IN PROJECT HU2002 WHEREAS, Project No. 20-030 Greenwood Street Curb Ramps and Sidewalks Project was awarded to Doug Vaughn, LLC, on June 22, 2020; WHEREAS, due to circumstances beyond the control of City, the additional curb ramp repairs contemplated by the Amendment must be completed on or before March of 2021; and WHEREAS, given the limited time permitted for completion of the improvements, it is in the best interests of the City to proceed with and complete such improvements in the manner herein provided; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment dated October 26, 2020 by and between the Pueblo, a Municipal Corporation, and Doug Vaughn, LLC, a Colorado Limited Liability Company, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved, and City Council authorizes the additional work contemplated by the Amendment to be performed in the amount of $1,138,800. SECTION 2. In addition to the amount of Amendment, as aforementioned, an additional amount of $60,000 is hereby authorized for contingencies and additional work. SECTION 3. Project HU2002 Curb & Gutter project is hereby established. SECTION 4. Funds in the amount of $1,198,000 are hereby transferred from project HU2001 to HU2002 for the additional work contemplated by the Amendment. SECTION 5. $1,198,000 will be budgeted and appropriated in project HU2002 for the additional work contemplated by the Amendment. SECTION 6. The Purchasing Agent is hereby authorized to execute the Amendment on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 7. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance and the Amendment, to implement the policies and procedures described therein. SECTION 8. Adoption of this Ordinance is necessary on an emergency basis, pursuant to Section 3-20 of the City Charter, in order for the curb ramp repairs contemplated by the Amendment to be completed on or before March of 2021. This Ordinance shall become effective on the date of final action by the Mayor and City Council. REST OF THIS PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 26, 2020. Final adoption of Ordinance by City Council on October 26, 2020 . President of City Council Action by the Mayor: ☒ Approved on October 30, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # S-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 26, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Steven Meier, Acting Director of Public Works SUBJECT: AN EMERGENCY ORDINANCE APPROVING AN AMENDMENT TO A CONSTRUCTION CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND DOUG VAUGHN, LLC, PROVIDING FOR ADDITIONAL CURB RAMP AND SIDEWALK REPAIRS RELATING TO PROJECT NO. 20- 030 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME, ESTABLISHING PROJECT HU2002 CURB & GUTTER PROJECT, TRANSFERRING FUNDS FROM PROJECT HU2001 IN THE AMOUNT OF $1,198,000 TO PROJECT HU2002 AND BUDGETING AND APPROPRIATING SAID FUNDS IN PROJECT HU2002 SUMMARY: This Ordinance increases the Construction Contract to Doug Vaughn, LLC, for Project No. 20- 030 Greenwood Street Curb Ramps and Sidewalks Project. PREVIOUS COUNCIL ACTION: Resolution 14424 passed and approved for original project. BACKGROUND: In general, this Amendment will provide for constructing of 153 A.D.A. curb ramps and sidewalks at the intersections of the streets proposed for rehabilitation in 2021 (“Curb Ramp Rehabilitation”). These streets include Northern Ave. (east only), Minnequa Ave., Grand Ave., High Street, 24th Street, and Hudson Ave. Martin Marietta was recently contracted to perform the mill & overlay work for the 2021 roads, and the curb ramps are required to be installed prior to the commencement of Martin Marietta’s work. Martin Marietta’s work is scheduled to begin in March of 2021. This timeline requires that the Curb Ramp Rehabilitation must begin around the first of November. Doug Vaughn is currently finishing the curb ramp repairs under his original contract, and his crews are available to begin the additional work within this time frame and meet the 120-day schedule so that the Curb Ramp Rehabilitation is timely completed prior to the commencement of Martin Marietta’s work. FINANCIAL IMPLICATIONS: Project HU2001 will transfer funds in the amount of $1,198,000 to project HU2002 Curb & Gutter Project. Funds from project HU2001 are available for this use and come from money collected by the Highway Users Tax Fund. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance Attachments: Amendment to Construction Contract, Amended Request for Quotations AMENDMENT TO CONSTRUCTION CONTRACT This Amendment to a construction contract("Amendment") is executed to be effective as of October 26, 2020 by and between the City of Pueblo, a municipal corporation ("City") and Doug Vaughn, LLC, a Colorado limited liability company ("Contractor"). WHEREAS,City and Contractor entered into that certain construction contract dated June 22,2020 for Bid Number 20-030 (SR 2002)(the"Construction Agreement"); and WHEREAS, City and Contractor desire to amend the Construction Agreement subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and the mutual promises set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Contractor hereby agree to the following: 1. The Amended Request for Quotation attached hereto, and labelled Exhibit 1, is hereby accepted and approved. The Construction Agreement and the Request for Quotation set forth at Article 1.B of the Construction Agreement are amended to incorporate all additional work to be performed as contemplated by and at the prices set forth in the Amended Request for Quotation. Contractor shall perform all such work subject to and consistent with all requirements and provisions of the Construction Agreement. Contractor shall perform all acts necessary or required as a result of this Amendment including but not limited to furnishing a payment and performance bond on or before November 10, 2020 in compliance with Section 3.124 of the Construction Agreement. The payment and performance bonds shall be in the total amount of$1,430,159 which amount includes the original contract amount of$291,359 and the additional contract amount of $1,138,800 to be covered under this agreement contemplated by the additional work to be performed under this Amendment. The time for completion of all work under the Construction Agreement including the additional work to be performed under this Amendment shall be July 3, 2021. 2. The Construction Agreement as amended by this Amendment shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. City of Pueblo,a municipal corporation, Balance of Appropriations Exist for this Amendment and Funds ar Available: By: 411/ t - - -' ,, /I.�+ ,�411/4? /� Name: Naomi Hedden �'� r y � rr,� Director o F'fnance Title: Director of Purchasing 1 ���� 1 �, Attested by: �ry, Approved as to Form: \' � J �_ rl i, City Clerk I , 1ity Attorney Dough Vaughn, LLC,a Colorado limited liai!tyl'com lpany By. Name: Dou augh Title: Pre dent 1 of 1 EXHIBIT 1 AMENDED REQUEST FOR QUOTATIONS BID NO.20-030(SR2002) The undersigned hereby proposes to furnish all labor, materials,tools,equipment, and all utility/transportation services necessary to perform and complete, in an industry acceptable and professional manner, construction 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 schedule (this schedule reflects the same Unit Price for every bid item as indicated in the original bid -This is a continuation of the original contract): Job Location Number of Corners Price Per Corner Total Minnequa Avenue 3 dp 3"f 24th Street 6 7 goo all" y3 .ad c'e Northern Avenue 341-p QQ OAP 3'ao Grand Avenue J3dO �� $7(7 S uo kbe High Street Hudson Street yd , 3a v v-= p,z p doe 90 Grand Total / /j b'gao ` — ( /, _ >! ,. . .. 'ollars) The undersigned has examined the quantities shown against the plans and specifications and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the work to be completed. The City is not responsible for bidding errors resulting from Contractor's failure to follow this requirement. DOUG VAUGHN, LLC,a Colorado limited liability company By: Name: Doug V igh Title: President