HomeMy WebLinkAbout15969RESOLUTION NO. 15969
A RESOLUTION APPROVING CONTRACT AMENDMENT NO. 1
IN THE AMOUNT OF $52,299.50 TO NUNEZ CONSTRUCTION,
INC., FOR PROJECT NO. 24-068, CONCRETE IMPROVEMENTS
WEST 29TH STREET PHASE 2 (HIGH ST. TO WILLS BLVD.),
AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE
SAME
WHEREAS, a Construction Contract was awarded to Nunez Construction, Inc., under
Contract Number 24-068; and
WHEREAS, a contract amendment is requested for the purpose of completing additional
sidewalk and curb and gutter to complete the project; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
Contract Amendment No. 1 to the Construction Contract for Concrete Improvements
West 29th Street Phase 2 (High St. to Wills Blvd.) with Nunez Construction, Inc., Project No. 24-
068, in the amount of $52,299.50, 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.
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 $52,299.50 shall be from Project Account HUAN01, Street
Resurfacing.
SECTION 4.
The officers and staff of the City of Pueblo are authorized to perform any and all acts
consistent with this Resolution and the Amendment to implement the policies and procedures
described herein. Furthermore, all actions previously taken by officers and staff of the City
consistent with the Amendment, including any payments authorized under the contract, are
hereby ratified.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: April 28, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: April 28, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: A RESOLUTION APPROVING CONTRACT AMENDMENT NO. 1 IN THE
AMOUNT OF $52,299.50 TO NUNEZ CONSTRUCTION, INC., FOR
PROJECT NO. 24-068, CONCRETE IMPROVEMENTS WEST 29TH
STREET PHASE 2 (HIGH ST. TO WILLS BLVD.), AND AUTHORIZING
THE PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Resolution approves Contract Amendment No. 1 in the amount of $52,299.50 to
Nunez Construction, Inc., for Project 24-068, Concrete Improvements West 29th Street
Phase 2 (High St. to Wills Blvd.).
PREVIOUS COUNCIL ACTION:
Resolution 15689, dated July 22, 2024, awarded a Construction Contract, in the amount
of $376,593.75, to Nunez Construction, Inc., and set forth $78,406.25 for contingencies
and additional work, for Project No. 24-068, Concrete Improvements West 29th Street
Phase 2 (High St. to Wills Blvd.).
BACKGROUND:
The original project, awarded to Nunez Construction, Inc., consisted of ADA curb ramp
and sidewalk improvements to West 29th Street, from High Street to Wills Boulevard.
Contract Amendment No. 1 reflects the cost to provide additional sidewalk and curb and
gutter. The cost of the additional work exceeds the threshold for administrative approval
of a change order and a contract amendment will be required to award and complete the
additional work.
This Resolution approves an amendment to increase the contract award amount
previously awarded to Nunez Construction, Inc.
FINANCIAL IMPLICATIONS:
Funding in the amount of $52,299.50, will be paid from Project Account HUAN01, Street
Resurfacing
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this Resolution would cancel the additional work necessary to complete the
project.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 24-068 Concrete Improvements - West 29th Street Phase 2 (High St. to Wills
Blvd.)
AMENDMENT NO. 1 TO
CONSTRUCTION CONTRACT
This Amendment No. 1 to a construction contract (“Amendment”) is executed to be effective as
of April 29, 2025, by and between the City of Pueblo, a Colorado Municipal Corporation (“City”) and Nunez
Construction, Inc., a Colorado Corporation (“Contractor”).
WHEREAS, City and Contractor entered into that certain construction contract dated August 6,
th
2024, for Project 24-068 (CI2415) Concrete Improvements – West 29Street Phase 2 (High St to Wills
Blvd.), 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 Request for Quotation for additional work attached hereto, and labelled Exhibit 1, is
hereby accepted and approved. The Construction Agreement is amended to incorporate all additional
work to be performed as contemplated by and at the prices set forth in the 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 Performance and Payment Bonds in compliance with
Section 5.20 of the Invitation for Bid. The Performance and Payment Bonds shall be in the total amount
of $507,299.50, which amount includes the original contract amount of $376,593.75, Change Order No. 1
in the amount of $78,406.25, and the additional contract amount of $52,299.50 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
increased by three (3) days.
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.
Project 24-068 Amendment No. 1 Page 1 of 3
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
NUNEZ CONSTRUCTION, INC.
By ____________________________________
Duane Nunez, President
CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION
By ______
Naomi Hedden, Director of Purchasing
ATTEST:
_______________________________________
City Clerk
BALANCE OF APPROPRIATION EXISTS FOR
THIS CONTRACT AND FUNDS ARE AVAILABLE:
_____________________________________
Danny Nunn, Director of Finance
APPROVED AS TO FORM DEPARTMENT OF LAW:
______________________________________
Robert P. Jagger, Deputy City Attorney
Project 24-068 Amendment No. 1 Page 2 of 3
EXHIBIT 1
REQUEST FOR QUOTATIONS
th
Project 24-068 (CI2415) Concrete Improvements – West 29
Street Phase 2 (High St to Wills Blvd.)
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:
Additional Work Items QuantityGrand Total for Additional Work
Additional sidewalk and curb and
Lump Sum $52,299.50
gutter
(Fifty Two Thousand Two Hundred Ninety Nine Dollars and 50/100---------------------------------($52,299.50)
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.
NUNEZ CONSTRUCTION, INC.
By: __________________________________________
Duane Nunez, President
Project 24-068 Amendment No. 1 Page 3 of 3