HomeMy WebLinkAbout16311RESOLUTION NO. 16311
A RESOLUTION APPROVING CONTRACT AMENDMENT NO. 1
IN THE AMOUNT OF $47,701.32 TO BAHA CONSTRUCTION,
INC., FOR PROJECT NO. 25-103, SOLAR LIGHTING
INSTALLATION -ARKANSAS RIVER TRAIL, AND AUTHORIZING
THE PURCHASING AGENT TO EXECUTE SAME
WHEREAS, a Construction Contract was awarded to Baha Construction, Inc., under
Project No. 25-103; and
WHEREAS, additional work is requested for the purpose of complying with light pole
manufacturers mandatory installation instructions; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
Contract Amendment No. 1 to the Construction Contract for Solar Lighting Installation -
Arkansas River Trail with Baha Construction, Inc., Project No. 25-103, in the amount of
$47,701.32, 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 for Project No. 25-103 shall be from Project Account CD2445, Better LED and Solar
Spaces Project.
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 transactions 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 27, 2026
MEMBER, CITY COUNCIL
71 APPROVED:
VICE PRESIDE OF CI 1Y COUNCIL
ATTESTED BY:
ITY CLERK
City Clerk's Office Item # M5
City ofr
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ID
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: April 27, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: A RESOLUTION APPROVING CONTRACT AMENDMENT NO. 1 IN THE
AMOUNT OF $47,701.32 TO BAHA CONSTRUCTION, INC., FOR
PROJECT NO. 25-103, SOLAR LIGHTING INSTALLATION - ARKANSAS
RIVER TRAIL, AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE SAME
SUMMARY:
This Resolution approves Contract Amendment No. I in the amount of $47,701.32 to
Baha Construction, Inc., for Project No. 25-103 Solar Lighting Installation - Arkansas
River Trail.
PREVIOUS COUNCIL ACTION:
Ordinance 10758 dated August 26, 2024, approved and accepted the Better LED and
Solar Spaces Grant awarded by the State of Colorado Department of Public Safety,
Division of Criminal Justice, to deter areas of crime via environmental design with
upgrades and additions of LED and solar lighting at the Arkansas River Whitewater Park
and Pedestrian Bridge, and found different parks within the City of Pueblo, established
Project Account C12445 - Better LED and Solar Spaces, and budgeted and appropriated
funds in the amount of $853,413.00 to the account.
Resolution 16219, dated January
amount of $64,888.00, to Baha
contingencies and additional work,
Arkansas River Trail.
BACKGROUND:
12, 2026, awarded a Construction Contract, in the
Construction, Inc., and set forth $13,000.00 for
for Project No. 25-103 Solar Lighting Installation -
The original project, awarded to Baha Construction, Inc., consisted of the installation of
solar lights along both sides of the Arkansas River Trail from Wildhorse Creek to Runyon
Lake and other incidental items related to the construction. Contract Amendment No. 1
consists of the mandatory use of expanding foam to lock the pole into the ground. Per
FonRoche Lighting America (the light pole manufacturer) installation instructions require
expending foam for direct burial poles. This information was unavailable at the time of
bid; therefore, the change order will cover the costs of labor and material for the structural
foam, and labor and equipment to spread the excess dirt on site (for poles on north side
of river) and haul to Parks Department area near Dutch Clark Stadium (for poles on south
side of river). 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. Poles were purchased for $381,552.00 in October 2025,
and are considered government furnished items to the installation contract with Baha
Construction, Inc.
This Resolution approves an amendment to increase the contract award amount
previously awarded to Baha Construction, Inc.
FINANCIAL IMPLICATIONS:
Funding in the amount of $47,701.32 will be paid from Project Account C12445, Better
LED and Solar Spaces.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this Resolution would cancel the installation of the poles, as they would not be
installed per manufacturer requirements.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 25-103 BAHA Amend 1 for Solar Lighting Installation Arkansas River Trail
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-817D-B49657618A1 C
Amendment No.1 for #25-103
Title: Solar Lighting Installation - Arkansas River Trail
B I EE l'CITY f L Iw NI ..
This Amendment No. 1 to a construction contract ("Amendment") is executed to be effective as of the
18th day of May , 2026, by and between the City of Pueblo, a Colorado
Municipal Corporation ("City") and Baha Construction, Inc., a Colorado Corporation ("Contractor").
WHEREAS, City and Contractor entered into that certain construction contract dated January 23, 2026,
for Project 25-103 (C12415) Solar Lighting Installation - Arkansas River Trail, 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 conditions.
. AG RE E VU
A. 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 $112,589.32, which amount
includes the original contract amount of $64,888.00, and the additional contract amount of
$47,701.32 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 not be increased.
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.
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-817D-B49657618A1 C
Amendment No.1 for #25-103
Title: Solar Lighting Installation Arkansas River i rail
C. 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: (1) an original, and all of which taken together shall constitute one and the
same agreement, (2) a valid and binding agreement and fully admissible under state and federal
law, and (3) 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.
Signed by:
By t,Vt,SA Lnu wS By � " f
Teresa May Burns, Director of Purchasing An' iiysident
DocuSigned by;
Attest
rfw shop,' City Clerk
[SEAL]
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Signed by:
unn Director of Finance
DocuSigned by;
Deputy City Attorney
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-81 7D -B4965761 8A1 C
Amendment No.1 for #25 10:',
Title: Solar Lighting Installation Arkansas River I
This information was unavailable at the time of bid, so this amendment will cover the costs of labor and
material for the structural foam, and labor and equipment to spread the excess dirt on site (for poles on
north side of river) and haul to Parks area near Dutch Clark Stadium (for poles on south side of river).
Pricing must include overhead and additional bonding costs.
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
The additional work for this project shall include:
• FonRoche Lighting America (the light pole
manufacturer) installation instructions state: "Direct
burial poles: mandatory to use expanding foam to lock
the pole in the ground. Mandatoryto fill the hole to
ground level to avoid leaning poles after years of
installation".
• Cost for Supply Polecrete Stabilizer Foam Materials:
$18,765.00
• Cost for Labor and Equipment for Hauling Soil (8 Cubic
Feet) $101.45 Each x 112 = $11,362.40
• Cost for Labor and Equipment for Install of Foam (7
Cubic Feet) $156.91 Each x 112 = $17,573.92
Grand Total for
Additional Work
Total $47,701.32
Forty -Seven Thousand Seven Hundred One Dollars and 32/100 ..............................................- ($47,701.32)
. r r ., r ., r ♦ r r ., r ., . r rr r
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DocuSigned by;
By: gMUO
21Ea3 one# ionEOlgun President
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-817D-B49657618A1 C
Arric nr: anent NoA. for #2 t03
-1 itle. Solar Lighting Installation - Arkansas River f rail
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-81 7D -B4965761 8A1 C
SURETY RIDER
TO BE ATTACHED TO AND FORM PART OF
Payment, Performance and Maintenance Bond
IN FAVOR OF City of Pueblo
(Obligee)
ON BEHALF OF BAHA Construction Inc.
(Principal)
EFFECTIVE DATE January 23, 2026
(Original Effective Date)
BOND NO. S058357
IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any
additional premium that may be properly chargeable as a result of this rider,
1. The Surety hereby gives its consent to:
® Increase
❑ Decrease
❑ Change Effective Date
❑ Other
(of) the attached bond
From:
To:
Effective
$112, 589.32
May 7, 2026
❑ Change Name of Principal
❑ Change Address of Principal
❑ Change Expiration Date
2. PROVIDED, however, that this attached bond shall be subject to all its agreements,
limitations, and considerations except as herein expressly modified, and that the liability of the
Surety under the attached bond and under the attached bond as changed by this rider shall not be
cumulative.
3. Signed and sealed this 7th day of May , 2026 .
ACCEPTED BY: Employers Mutual Casualty Company
BY:
Kristin �e?rill, Attorney -In -Fact
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INSURANCE P.O. Box 712 • Des Moines, Iowa 50306-0712
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
3. Union Insurance Company of Providence, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
Kristin Derrill
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s):
Surety Bond Principal:
Number BAHA Construction. Inc.
S058357
Obligee:
City of Pueblo
230 S Mechanic St
Pueblo CO 81003
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,
and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies
at the first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall
have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such
attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and
limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such
attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by
an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced
signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents be signed for each by their officers as shown, and the Corporate seals to be hereto
affixed this 17th day of September, 2025.
�• ,G-�' ��_�G'�%%'lam ._..
Seals ott R. Jean, e ident & CEO Todd Strother,Executive Vice President
, of Company 1; irman, President Chief Legal Officer & Secretary of
a o ,rs r & CEO of Companies 2, 3, 4, 5&6 Companies 1, 2, 3, 4, 5&6
SEAL 1IB63 7" 195a ' __
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L�F AMY DANIEL
Commission Number 866839
My Commission Expires
August 13, 2028
On this 17th day of September, 2025 before me a Notary Public in and for the State of Iowa,
personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say
that they are, and are known to me to be the CEO, Chairman, President, Executive Vice
President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies
above; that the seals affixed to this instrument are the seals of said corporations; that said
instrument was signed and sealed on behalf of each of the Companies by authority of their
respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such
officers, acknowledged the execution of said instrument to be their voluntary act and deed,
and the voluntary act and deed of each of the Companies.
My Commission Expires August 13, 2028.
Notary Public ' and for the State of Iowa
CERTIFICATE
I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Companies, and this Power of Attorney issued pursuant thereto on 17th day of September, 2025 are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 7th day of May , 2026 .
Vice President
7851 (9-25) S058357-28-000-00001 W6336 ACE "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548."
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-81 7D -B4965761 8A1 C
Bond Department
EMC
INSURANCE
f ! f f •', f f f f• f
to bonds.
••1S,.
Dated this to day of July, 2022.
1 . •iiif ,JJ
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717 Mulberry Street I Des Moines, IA 50309-3872 1 515.280.2511 I F 877.250.6538 I www.emcins.com
Employers Mutual Casualty Company Illinois EMCASCO Insurance Company Union Insurance Company of Providence EMC Underwriters, LLC
EMCASCO Insurance Company Dakota Fire Insurance Company Hamilton Mutual Insurance Company EMC National Life Company (affiliate)
EMC Reinsurance Company EMC Property & Casualty Company EMC Risk Services, LLC