HomeMy WebLinkAbout14807RESOLUTION NO. 14807
A RESOLUTION APPROVING AN AMENDMENT TO A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION AND JARCCO
CONSTRUCTION, LLC, A COLORADO LIMITED LIABILITY
COMPANY, PROVIDING FOR ADDITIONAL REPAIR WORK
RELATED TO PROJECT NO. 21-025R MISCELLANEOUS CURB
RAMPS - REBID, TO BE PAID FROM PROJECT ACCOUNT
HUAN03 AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE SAME
WHEREAS, Project No. 21-025R Miscellaneous Curb Ramps - Rebid was awarded to
JARCCO Construction, LLC on June 14, 2021; and
WHEREAS, additional roof repair work contemplated by the Amendment were needed;
and
WHEREAS, 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 RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment dated February 15, 2022, by and between the City of Pueblo, A Municipal
Corporation, and JARCCO Construction, 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 $7,355.61.
SECTION 2.
The Purchasing Agent is hereby authorized to execute said contract amendment 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 3.
In addition to the amount of the bid set forth, as aforementioned, an additional amount of
$7,355.61 is hereby authorized for contingencies and additional work.
SECTION 4.
Funds for said Project shall be paid from account HUAN03.
SECTION 5.
The officers and staff of the City of Pueblo are authorized to perform any and all acts
consistent with this Resolution and Amendment to implement the policies and procedures
described herein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED February 14, 2022
BY: Larry Atencio
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-7
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: February 14, 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 APPROVING AN AMENDMENT TO A CONSTRUCTION
CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
AND JARCCO CONSTRUCTION, LLC, A COLORADO LIMITED LIABILITY
COMPANY, PROVIDING FOR ADDITIONAL REPAIR WORK RELATED TO
PROJECT NO. 21-025R MISCELLANEOUS CURB RAMPS - REBID, TO BE PAID
FROM PROJECT ACCOUNT HUAN03 AND AUTHORIZING THE PURCHASING
AGENT TO EXECUTE SAME
SUMMARY:
This resolution increases the total award amount for the construction contract awarded to
JARCCO Construction, LLC, to cover the cost of additional required repairs that were not
apparent until excavation work had started on the project.
PREVIOUS COUNCIL ACTION:
The original construction contract was approved for award under Resolution 14626 on June 14,
2021.
BACKGROUND:
While repairs were being made in accordance with the awarded scope of work, it was discovered
that unsuitable fill material was installed beneath the existing roadway and drain pans and the
cost of the additional materials, hauling, disposal, equipment rental, and other associated costs
exceeded the available contingency. In addition, an expanded area of asphalt patching is
required to properly complete the project. An additional amount of $7,355.61 is required to fund
the additional work to be performed.
FINANCIAL IMPLICATIONS:
Funding in the amount of $7,355.61 will be paid from account HUAN03.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this ordinance.
STAKEHOLDER PROCESS:
Not applicable to this ordinance
ALTERNATIVES:
Work on this project will not be able to proceed unless this resolution is approved.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Proposed Resolution
AMENDMENT TO
CONSTRUCTION CONTRACT
This Amendment to a construction contract (“Amendment”) is executed to be effective as of February 15, 2022, by and
between the City of Pueblo, a Municipal Corporation (“City”) and JARCCO Construction, LLC, a Colorado Limited Liability
Company (“Contractor”).
J.A.R
WHEREAS, City and Contractor entered into that certain construction contract dated June 1528, 2021 for Bid Number
21-025R (HUAN03) (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 Payment and Performance Bonds onor before February 21, 2022, in compliance with Section 3.124 of the Construction
Agreement. The Payment and Performance Bonds shall be in the total amount of $94,019.10 which amount includes the original
contract amount of $86,663.49 and the additional contract amount of $7,355.61 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 March 1, 2022.
2.Except as expressly modified by this Amendment, the Construction Agreement shall remain in full force and
effect. Except as modified by this Amendment, any obligations to be performed under the Construction Agreement by either party
are not waived nor excused in any manner but shall be performed in accordance with the terms and conditions of the Construction
Agreement as it existed prior to this Amendment.
3.This Amendment and all other documents contemplated hereunder 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.
City of Pueblo, a Municipal Corporation, Balance of Appropriations Exist for this Amendment and
Funds are Available:
By: _________________________________________ ________________________________
Name: Naomi Hedden Director of Finance
Title: Director of Purchasing
Attested by: Approved as to Form:
_____________________________________________ ________________________________
City Clerk City Attorney
JARCCO Construction, LLC, a Colorado Limited Liability Company
By: ___________________________________________
Name: Jairo A. Renteria
Title: Managing Member
EXHIBIT 1
AMENDED REQUEST FOR QUOTATIONS
BID NO. 21-025R (HUAN03)
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):
Additional Work ItemQuantityUnit PriceTotal
Additional excavation, 1 LS $7,355.61 $7,355.61
hauling, concrete, and
asphalt repair for concrete
crosspan
Grand Total $7,355.61
Seven thousand three hundred fifty-five and sixty-one hundreds
(_____________________________________________________________________________________ Dollars)
The undersigned has examined the quantities shows 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.
JARCCO Construction, LLC, a Colorado Limited Liability Company
By: ___________________________________________
Name: Jairo A. Renteria
Title: Managing Member