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HomeMy WebLinkAboutCORRESPONDENCE - BID - 7536 DIAGONAL WALK & STAGE IMPROVEMENTS FOR POUDRE RIVER PUBLIC LIBRARY DISTRICT (4)Poudre River Public Library District Reso. No. 2013- Page 1 of2 -7�3b POUDRE RIVER PUBLIC LIBRARY DISTRICT RESO. NO.2013- RESOLUTION APPROVING CHANGE ORDER AND EXEMPTION TO LIBRARY WALK DIAGONAL AND STAGE IMPROVEMENTS PROJECT FROM COFC MUNICIPAL CODE SEC. 8-161(c) WHEREAS, the District entered into a contract with Hoff Construction, Inc. dated September 16, 2013 for construction of the Library Walk Diagonal and Stage Improvements ("Project"); and; WHEREAS, as initially bid, the Project included "Alternate #1—Library Diagonal Walk Improvements," which provided for construction of an outdoor stage and associated improvements ("Alternative 41"); and, WHEREAS, due to funding limitations, the District did not include Alternative #1 in the contract award with the understanding that if funds later became available the District would consider the stage construction and associated improvements at a later date; and, WHEREAS, subsequent fundraising efforts as well as the unanticipated availability of Innovation and Utilities funds from the City of Fort Collins ("COFC") have resulted in additional - Project funding; and, WHEREAS, the District would like to amend the Project and use the additional funds to reinstate Alternative #1, include adjacent stage lighting, and complete improvements to the rain garden ("Additional Improvements"); and, WHEREAS, pursuant to an Intergovernmental Agreement dated December 17, 2007, the District abides by the procurement procedures set forth in the COFC Municipal Code; and, WHEREAS, COFC Municipal Code Sec. 8-161(c) requires that change orders for amounts exceeding 15% of the original contract amount be competitively bid, subject to certain exclusions and exceptions; and, WHEREAS, one such exception permits a contract award without competition upon the following determination: Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injury the City's financial interests or will substantially impede the City's administrative functions or the delivery of services to the public. COFC Municipal Code Sec. 8-161(d)(1)(b); and, (00081065) A Poudre River Public Library District Reso. No. 2013- Page 2 of 2 WHEREAS, the District would like to complete the Additional Improvements as part of the Project and authorize a change order to its contract with Hoff Construction dated September 16, 2013; and WHEREAS, issuance of the change order suggests that the authorization of an exemption to COFC Municipal Code Sec. 8-161(c) would be appropriate, even if not required, because the total amount of the change order exceeds 15% of the original contract amount. NOW THEREFORE, The Board of Trustees of the District finds and resolves that: 1. The Project and Alternative #1 were both competitively bid. Re -bidding under a new contract would result in substantially higher costs to the District because of additional bid costs and mobilization. 2. If the Project had been fully funded at the time the initial contract was awarded, the adjacent lighting and rain garden enhancements would not be subject to COFC Municipal Code Sec. 8=161(c) because the change order total would have only exceeded the contracted amount by 5.2%. 3. The District will realize cost savings by granting this exemption. 4. An exemption to COFC Municipal Code Sec. 8-161(c) is warranted and authorized. 5. A change order authorizing Hoff Construction, Inc. to complete Alternative #l, stage lighting improvements, and rain garden enhancements, as part of the Library Walk Diagonal and Stage Improvements Project is hereby authorized for an amount not to exceed 76,309.80. ADOPTED THIS 11'" DAY OF NOVEMBER, 2013. ATTEST: 4c-" , By:a Secretary POUD VER PU LIC LIBRARY DISTRICT By: Pre ident (00081065)