Agenda Date: 05/06/2025
Subject:
Title
Resolution 18-2025: Approving the first amendment to a construction agreement with E&M Concrete, LLC for the 2024 Miscellaneous Concrete Project, City Project No. 24-05
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Brent Soderlin, Director of Public Works & Utilities |
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Brent Thompson, City Engineer |
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Kimberly Dall, Assistant City Engineer |
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Matthew Matuszewski, CIP Manager |
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Presentations: |
N/A |
PURPOSE:
Does city council support Approving a Construction Contract Amendment with E&M Concrete, LLC for the 2024 Miscellaneous Concrete Project, City Project No. 24-05 to retroactively align the work completed with the expenditure amount authorized in the contract?
LONG-TERM OUTCOME(S) SERVED:
Safe Community; High-Quality Governance
DISCUSSION:
The City of Littleton’s Public Works Department has a pavement management program that includes performing concrete repairs before surface sealing or resurfacing projects. By replacing concrete ahead of these preservation efforts, we enhance drainage, create a stable edge for sealing or paving, and ultimately increase the value of our preservation projects.
On June 5, 2024, the city advertised the 2024 Miscellaneous Concrete Project. Bids were opened on June 21, 2024. After reviewing the submissions, staff determined that E&M Concrete, LLC was the lowest and most qualified bidder. Work on the project began in early September and concluded in mid-December 2024.
However, during the project, a mistake occurred when staff conducted work outside the initial project scope due to a calculation error in project quantities. Once this was discovered, work was halted to avoid further cost overruns. Although this work was outside the contractor’s original scope, it was necessary to repair unsafe conditions and would have needed to be addressed in a future project.
Staff acknowledges that performing work without an amended contract conflicts with the City’s procurement policy. While the policy allows for the City Manager to approve contingency amendments in amounts up to 10% of the value of the contract, it does not provide for City Manager to approve amendments to contracts approved by the City Council. Therefore, since the subject agreement was originally approved by the Council, it is most appropriate at this point to seek the Council’s amendment to the agreement so that the contract is aligned with the extra work that City staff inadvertently directed, and so the vendor may be paid for the extra work. At this point, the City has paid only the amount authorized in the original contract.
The purpose of the City’s procurement policy is to govern staff’s work in a manner consistent with law, budget, industry practices, and in alignment with the City Council’s authority preferences for agreements. Occasionally, work occurs inconsistently with the policies. When this happens, it is incumbent on management to recognize the occurrence, provide appropriate follow-up coaching or other action with employees involved This agenda item is reflective of best practices for recognizing the mistake and transparently ratifying work completed. The current policy facilitates Council understanding and action, whereas the City’s previous policies required City Manager approval without Council action.
BACKGROUND:
The City of Littleton has approximately 360 lane miles of streets within the community’s transportation network. Littleton’s Public Works Department is responsible for the preservation and maintenance of the streets throughout the community, including the concrete curbs and gutters adjacent to the streets. Maintaining the adjacent concrete to the pavement is a best practice for preserving the asphalt surfaces, as well as protecting the financial investment of the preservation treatments.
The 2024 Miscellaneous Concrete Program planned to repair concrete in advance of 2025 pavement preservation projects. Work began in September 2024 to remove and replace damaged concrete. As the project proceeded, additional damaged sections of concrete outside of the project area were identified as critical to replace. These included:
1) Removal and replacement of damaged concrete sidewalk, curb, and gutter at the bus stop at S. Broadway and S. Grant Way.
2) Installation of additional detectable warning plates on curb ramps in the Southpark neighborhood.
3) Removal and replacement of severely damaged concrete sidewalk, curb, and gutter reported through See Click Fix, such as those in the photo below.
Prior Actions or Discussions
The original contract with E&M Concrete, LLC was approved by City Council on August 6, 2024 under Resolution 82-2024.
This resolution was removed from the agenda at the April 15, 2025 City Council meeting, with direction to staff to bring it back at a later date.
FISCAL IMPACTS:
The proposed amendment to the construction contract with E&M Concrete, LLC for the 2024 Miscellaneous Concrete Project, City Project No. 24-05 is $121,666.13. This project will be funded from the Capital Projects Fund.
STAFF RECOMMENDATION:
Staff recommends approval of the amendment to the construction agreement.
ALTERNATIVES:
If the contract amendment is not approved, the city will be unable to pay E&M Concrete, LLC for work performed on this project.
PROPOSED MOTION:
Proposed Motion
I move to approve Resolution 18-2025 approving the first amendment to a construction agreement with E&M Concrete, LLC for the 2024 Miscellaneous Concrete Project, City Project No. 24-05.