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