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ORDINANCE NO. 9988
AN ORDINANCE APPROVING AN AMENDMENT TO THE
CONSTRUCTION CONTRACT PROJECT NO. 21-037 –
SRDA SANITARY SEWER REPLACEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
AGUILARS CONSTRUCTION COMPANY, A COLORADO
CORPORATION, ACCEPTING FUNDS FROM SENIOR
RESOURCE DEVELOPMENT AGENCY (SRDA), INC, IN
THE AMOUNT OF $70,587.37, TRANSFERRING FUNDS
FROM PROJECT CIAN20 IN THE AMOUNT OF
$113,404.06, ESTABLISHING PROJECT CI2117 SRDA
SANITARY SEWER REPLACEMENT, BUDGETING AND
APPROPRIATING TOTAL FUNDS OF $183,991.43 IN
PROJECT CI2117, SETTING FORTH SAID FUNDS FOR
WORK ON PROJECT NO. 21-037, AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
WHEREAS, Project No. 21-037 SRDA Sanitary Sewer Replacement was awarded
to Aguilars Construction on May 10, 2021; and,
WHEREAS, SRDA requested and funded restroom upgrades; and,
WHEREAS, it is in the best interest of the City to proceed with such upgrades in
the manner herein provided, while sewer work is already being done; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment dated August 23, 2021, by and between the City of Pueblo, a
Municipal Corporation, and Aguilars Construction Company, Inc., a Colorado
Corporation, 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 $70,587.37.
SECTION 2.
Project CI2117 – SRDA Sanitary Sewer Replacement is hereby established.
SECTION 3.
SRDA accepted funds in the amount of $70,587.37 shall be budgeted, and
appropriated to Project CI2117
SECTION 4.
Funds in the amount of $113,404.06 shall be transferred, budgeted, and
appropriated from Project CIAN20 to Project CI2117.
SECTION 5.
Funds for Project No. 21-037 SRDA Sanitary Sewer Replacement including the
Amendment shall be paid from the account established herein as Project CI2117.
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 to perform any and all acts
consistent with this Ordinance to implement the policies and procedures described herein.
SECTION 8.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 9, 2021 .
Final adoption of Ordinance by City Council on August 23, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on August 24, 2021 .
□ 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 # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 9, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Andrew E. Hayes, P.E., Director of Public Works
SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE CONSTRUCTION
CONTRACT PROJECT NO. 21-037 – SRDA SANITARY SEWER
REPLACEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND AGUILARS CONSTRUCTION COMPANY, A COLORADO
CORPORATION, ACCEPTING FUNDS FROM SENIOR RESOURCE
DEVELOPMENT AGENCY (SRDA), INC, IN THE AMOUNT OF $70,587.37,
TRANSFERRING FUNDS FROM PROJECT CIAN20 IN THE AMOUNT OF
$113,404.06, ESTABLISHING PROJECT CI2117 SRDA SANITARY SEWER
REPLACEMENT, BUDGETING AND APPROPRIATING TOTAL FUNDS OF
$183,991.43 IN PROJECT CI2117, SETTING FORTH SAID FUNDS FOR WORK
ON PROJECT NO. 21-037, AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE SAME
SUMMARY:
This Ordinance approves an amendment to an existing construction contract that was awarded
to Aguilars Construction Company to replace the sanitary sewer at the SRDA building. The
amendment will award the bid alternates and an additional proposal to upgrade the restrooms at
the building. It also accepts funds in the amount of $70,587.37 from the SRDA, which will pay for
the bid alternates and extra proposed work. City funds in the amount of $113,404.06 will be
transferred from project CIAN20 (City Building Repairs) to cover the City’s share of the project. If
accepted, it establishes Project CI2117 and budgets and appropriates total funds in the project of
$183,994.13 and encumbers the funds for project (Bid No.) 21-037.
PREVIOUS COUNCIL ACTION:
Resolution 1463 (May 10, 2021) was approved, which awarded a construction contract to Aguilars
Construction Company for project 21-037, SRDA Sanitary Sewer Replacement.
BACKGROUND:
The City had no intention to pay for restroom upgrades at the Joseph H. Edwards Active Adult
(aka SRDA) building. However, at SRDA’s request, the City obtained prices for restroom
upgrades, which were bid as alternates. (See attached Bid Summary). At the time of award, the
had not yet received funding from the SRDA, so the City awarded the base bid only. Additionally,
SRDA obtained another proposal for extra work. (See attached Proposal).
Since award, the City has requested and received funds from SRDA in the amount of $70,587.37
to cover the cost of all the bid alternates plus an additional proposal. (See attached Request for
Funding and attached copy of check.)
FINANCIAL IMPLICATIONS:
Funds exist in Project CIAN20 for the City’s share of the replacement project $113,404.06.
Additional funds from SRDA in the amount of $70,587.37 are being accepted. Total funds in the
amount of $183,994.13 will be budgeted and appropriated in Project CI2117.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
The SRDA requested the restroom upgrades and their Board of Directors approved and funded
the bid alternates and other extra work.
ALTERNATIVES:
If this Ordinance is not approved, the City will not accept funds from the SRDA, Aguilars
Construction contract will not be amended, and the SRDA restrooms will not be upgraded.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance
Bid Summary
Contract Amendment
Proposal for Extra Work and Request Letter