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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