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Home My WebLink About14874RESOLUTION NO. 14874 A RESOLUTION APPROVING AN AMENDMENT TO A CONSTRUCTION CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND DOUG VAUGHN, LLC, PROVIDING FOR ADDITIONAL REPAIR WORK RELATED TO PROJECT NO. 22-014 ELMWOOD GOLF COURSE CART PATH, IN THE AMOUNT OF $12,000, TO BE PAID FROM PROJECT ACOUNT EW2101 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, Project No. 22-014 (EW2101), Elmwood Golf Course Cart Path Project was awarded to Doug Vaughn, LLC, on March 14, 2022; and WHEREAS, additional construction work contemplated by the Amendment was needed; and WHEREAS, it is in the best interests of the City to proceed with and complete such design in the manner herein provided; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment dated May 9, 2022, by and between the City of Pueblo, A Municipal Corporation, and Doug Vaughn, LLC, 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 $12,000. SECTION 2. The Purchasing Agent is hereby authorized to execute said Amendment on behalf of the City of Pueblo, A Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 3. Funds in the amount of $12,000.00 for said project shall be paid from the Cart Path Repair/Replace - Elmwood Project, No. EW2101. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Resolution and the attached Amendment to implement the policies and procedures described herein. SECTION 5. This resolution shall become effective immediately upon passage and approval. INTRODUCED: May 9, 2022 BY: Larry Atencio MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-4 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: May 9, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Director of Public Works SUBJECT: A RESOLUTION APPROVING AN AMENDMENT TO A CONSTRUCTION CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND DOUG VAUGHN, LLC, PROVIDING FOR ADDITIONAL REPAIR WORK RELATED TO PROJECT NO. 22-014 ELMWOOD GOLF COURSE CART PATH, IN THE AMOUNT OF $12,000, TO BE PAID FROM PROJECT ACOUNT EW2101 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: This Resolution approves an amendment to the construction contract awarded to Doug Vaughn, LLC, in the amount of $12,000 for the Elmwood Golf Course Cart Path, Project No. 22-014 (EW2101). PREVIOUS COUNCIL ACTION: Ordinance 9817, dated November 9, 2020, created Project EW2101, in the amount of $45,000. Ordinance 10050, dated November 22, 2021, approved the 2022 budget and budgeted an additional $50,000 to project EW2101. Resolution 14825, dated March 14, 2022, approved the award of a construction contract in the amount of $42,810 to Doug Vaughn, LLC and set forth $7,000 for contingencies. BACKGROUND: In general, this project consists of the removal of one (1) asphalt cart path and the construction of a new cart path near hole 5. The two new cart paths were intended to be six-foot-wide concrete at the Elmwood Golf Course. The contractor was directed to construct the new cart path at hole 5 at 8-foot-width. The City has taken a physical benefit from the increased cart path width and therefore owes a contract amendment for the additional scope of work. FINANCIAL IMPLICATIONS: This amendment authorizes the payment to the contractor, Doug Vaughn, LLC, for the increased scope of work from the existing project account EW2101 Cart Path Repair/Replace – Elmwood. BOARD/COMMISSION RECOMMENDATION: The Golf Course Enterprise Citizen’s Advisory Committed supports this project. STAKEHOLDER PROCESS: None. ALTERNATIVES: None. RECOMMENDATIONS: Approve the Resolution. Attachments: Proposed Resolution DocuSign Envelope ID:68CB9202-5AE0-445A-AB80-C4CC330BDA76 AMENDMENT NO. I TO CONSTRUCTION CONTRACT May 10 This Amendment No. 1 to a construction contract("Amendment")is executed to be effective as of 2022,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 March 28,2022, for Bid 22-014 Elmwood Golf Course Cart Path(EW2101)(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. The time for completion of all work under the Construction Agreement including the additional work to be performed under this Amendment shall be May 27, 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 WIIEREOF,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: 7—DocuSigned by: DocuSigned by: • C G B 714e.0nvi #6141Crt, (,auY'a S06AAtt — I><� O( P sto of staff y:"-003514DB28C0490... EBPCD470G40F... Naomi Redden,Purchasing Director Director of Finance Attested by: Approved as to Form: DocuSigned by: DocuSigned by:I L ll AA.4-i .. gllcr Pavia C. �D/�buuSt�c — call of PUd,itt ObiQ[IbVI —7 [E UFFt +�,a:r 245CEQE532484B9... City Clerk ;'; City Attorney ,1 + Y' Doug Vaughn,LLC,a Colorado Limited Liability SEAL Company , DocuSigned by: °ON.Rt{„V .� By. I-) 0,41?f '-4E48AEACBE50488... Doug Vaughn,Managing Member Bid 22-014 Amendment No. 1 Page 1 of 2 DocuSign Envelope ID:68CB9202-5AE0-445A-AB80-C4CC330BDA76 EXHIBIT 1 AMENDED REQUEST FOR QUOTATIONS BID 22-014 ELMWOOD GOLF COURSE CART PATH(EW2101) 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 Item Quantity Grand Total for Additional Work Base Bid and Bid Alternate No. 1 1 LS $12,000 Construct 4-inch-thick concrete path 6'wide shall be revised to Construct 4-inch-thick concrete path 8' wide. (Twelve Thousand and no/100 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. Doug Vaughn,LLC,a Colorado Limited Liability Company DocuSigned by: BL,M y: +,/ , ",i' aE BAEA BEo 8 Doug Vaughn,Managing Member Bid 22-014 Amendment No. I Page 2 of 2