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RES 19-20-061A DAW SIGNED LAS CRUCES UTILITIES BOARD RESOLUTION NO. 19-20-061A A RESOLUTION APPROVING AMENDMENT NO. 1 REQUESTING ADDITIONAL FUNDS FOR THE GAS METER CONVERSION PROJECT UNDER INVITATION TO BID 19-20-061, FOR A NEW PROJECT AMOUNT OF $1,358,244.06, INCLUDING NEW MEXICO GROSS RECEIPTS TAX. The Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces, is informed that: WHEREAS, On March 12, 2020, the Las Cruces Utilities ("LCU") Board of Commissioners ("Board") awarded three (3) Service Agreements to: Hydra Plumbing and Mechanical of Las Cruces, New Mexico; RJR Enterprises, LLC, Doing Business As ("D/B/A") Lucero and Sons Plumbing, Heating & Cooling of Mesilla, New Mexico; and Maddox Plumbing, Inc., of Las Cruces, New Mexico under Resolution No 19-20-061, in the amount of $1,187,734.38, including New Mexico Gross Receipts Tax ("NMGRT"); and WHEREAS, LCU staff recommends to the LCU Board that the Service Agreements for the Gas Meter Conversion Project 19-20-061 be amended to cover the cost associated with the COVID-19 Pandemic; and WHEREAS, LCU and City Purchasing staff are recommending the contracts be amended pursuant to Sections 7 through 10 of the original Service Agreements. Section 4 is amended and Exhibit A to the original Service Agreement amendments are: to cover associated cost including sanitizer, disposable gloves, foot coverings, face masks/shields, and .5 hours of pre-work and post-work sanitation procedures for each meter conversion. Additionally, the City of Las Cruces ("City") has been unable to obtain an adequate number of meters. The original three (3) Service Agreements 19-20-061 were awarded pre-COVID-19, while services were executed during the COVID-19 Pandemic; and LCU FY20 01/20 Rev. 3 LCU Board Resolution No. 19-20-061A Page 2 of 4 NOW, THEREFORE, Be it Resolved by the Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces: (I) THAT Hydra Plumbing and Mechanical of Las Cruces, New Mexico, rate will be increased with an additional award of $40.00 per meter for a total of $178.50 per meter, for a total of 1,500 meters. The total contract price is amended from $277,000.00 plus $23,025.63 NMGRT to $337,000.00 plus $28,013.13 NMGRT, for a new total contract amount not to exceed $365,013.13 including NMGRT. (II) THAT RJR Enterprises, LLC, D/B/A Lucero and Sons Plumbing, Heating & Cooling of Mesilla, New Mexico, rate will be increased with an additional award of $40.00 per meter for a total of $205.00 per meter, for a total of 1,500 meters. The total contract price is amended from $330,000.00 plus $26,977.50 NMGRT to $390,000.00 plus $31,882.59 NMGRT, for a new total contract amount not to exceed $421,882.40 including NMGRT. (III) THAT Maddox Plumbing, Inc., of Las Cruces, New Mexico, rate will be increased with an additional award of $25.00 per meter for a new total of $270.00 per meter, for a total of 1,500 meters. The total contract price is amended from $490.000.00 plus $40,731.25 NMGRT to $527,500.00 plus $43,848.44 NMGRT, for a new total contract amount not to exceed $571,348.44 including NMGRT. (IV) THAT Amendment No.l consists of an additional cost of $157,500.00 plus $13,092.19 NMGRT for a total of $170,592.19 for the three (3) contractors for a new LCU FY20 01/20 Rev. 3 LCU Board Resolution No. 19-20-061A Page 3 of 4 total project contract amount not to exceed $1,358,244.06 including NMGRT between the three (3) vendors, for a one (1) year term, effective March 20, 2020, - March 19, 2021, with the option for a one (1) year renewable option to be exercised at the discretion of the City subject to approved budget appropriation and annual renewal. (V) THAT funding for this project is budgeted in the Capital Improvement Gas Bond Projects 2015A account number: 51034003-804100. (VI) THAT City staff is hereby authorized to do all deeds necessary in the accomplishment of the herein above. DONE AND APPROVED this 12' day of November 2020. APPROVED: By Board Chair ATTEST: Secretary VOTE: Chair Little: Moved by Vice-Chair Archuleta: Commissioner Bencomo: Seconded by Commissioner Carmichael: Commissioner Hardee: Commissioner Johnson: Commissioner Sorg: LCU FY20 01/20 Rev. 3 LCU Board Resolution No. 19-20-061A Page 4 of 4 APPROVED AS TO FORM: Sr. Assistant City Attorney LCU FY20 01/20 Rev. 3 - City of Las Cruces" EXHIBIT "A" AMENDMENT NO. 1 19-20-061 GAS METER CONVERSION This amendment, made this day of November, 2020 by and between the CITY OF LAS CRUCES and HYDRA PLUMBING AND MECHANICAL of PO Box 1364 Las Cruces, NM 88004. WITNESSETH WHEREAS, the parties desire to modify the terms and conditions of their original contract dated March 30, 2020, the parties hereby agree as set forth below: The following provisions are hereby amended to include the following: 1. Contract is amended pursuant to Sections 7 to 10 of the original Service Agreement, executed March 30, 2020. Contractor agreed to install 1500 meters at a rate of 20 per day. City has been unable to obtain an adequate number of meters due to the COVID-19 Pandemic. When Contractor obtains meters from City, Contractor's original obligation of the installation of the remainder of the 1500 meters not installed, to be installed at a rate of 20 meters per day, will continue to apply. 2. Section 4 and Exhibit A to the original Service Agreement are hereby amended. Contractors rate will be increased with an additional award of $40.00 per meter, for a total of$178.50 per meter, for a total number of 1500 meters. 3. Section 4 is hereby amended. The total contract price is amended from $277,000 plus applicable taxes to $337,000.00 plus applicable taxes. Subject to the modifications set forth in this amendment, the above referenced original agreement dated March 30, 2020 between the parties is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties, through their authorized representatives, have affixed the signatures below. HYDRA PLUMBING AND MECHANICAL CITY OF LAS CRUCES BY: BY: Daniel Baker Chenyu "Alex" Liu Owner Purchasing Manager Date Date APPROVED AS TO FORM City orney I Revised:June 2019 EXHIBIT "B" City of las Cruce!� AMENDMENT NO. 1 19-20-061 GAS METER CONVERSION This amendment, made this day of November, 2020 by and between the CITY OF LAS CRUCES and RJR ENTERPRISES D/B/A LUCERO AND SONS PLUBMING, HEATING & COOLING of PO Box 888 Mesilla, NM 88046. WITNESSETH WHEREAS, the parties desire to modify the terms and conditions of their original contract dated March 31, 2020, the parties hereby agree as set forth below: The following provisions are hereby amended to include the following: 1. Contract is amended pursuant to Sections 7 to 10 of the original Service Agreement, executed March 31, 2020. Contractor agreed to install 1500 meters at a rate of 20 per day. City has been unable to obtain an adequate number of meters due to the COVID-19 Pandemic. When Contractor obtains meters from City, Contractor's original obligation of the installation of the remainder of the 1500 meters not installed, to be installed at a rate of 20 meters per day, will continue to apply. 2. Section 4 and Exhibit A to the original Service Agreement are hereby amended. Contractors rate will be increased with an additional award of $40.00 per meter, for a total of$205.00 per meter, for a total number of 1500 meters. 3. Section 4 is hereby amended. The total contract price is amended from $330,000 plus applicable taxes to $390,000 plus applicable taxes. Subject to the modifications set forth in this amendment, the above referenced original agreement dated March 31, 2020 between the parties is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties, through their authorized representatives, have affixed the signatures below. RJR ENTERPRISES D/B/A LUCERO CITY OF LAS CRUCES AND SONS PLUBMING, HEATING & COOLING BY: BY: Ralph Lucero Chenyu "Alex" Liu Owner Purchasing Manager Date Date APPROVED AS TO FORMA W��)D Ci Attorney Revised:June 2019 VCity of las Cruces, EXHIBIT 1111 AMENDMENT NO. 1 19-20-061 GAS METER CONVERSION This amendment, made this day of November, 2020 by and between the CITY OF LAS CRUCES and MADDOX PLUMBING, INC. of PO Box 16524 Las Cruces, NM 88004. WITNESSETH WHEREAS, the parties desire to modify the terms and conditions of their original contract dated March 24, 2020, the parties hereby agree as set forth below: The following provisions are hereby amended to include the following: 1. Contract is amended pursuant to Sections 7 to 10 of the original Service Agreement, executed March 24, 2020. Contractor agreed to install 1500 meters at a rate of 20 per day. City has been unable to obtain an adequate number of meters due to the COVID-19 Pandemic. When Contractor obtains meters from City, Contractor's original obligation of the installation of the remainder of the 1500 meters not installed, to be installed at a rate of 20 meters per day, will continue to apply. 2. Section 4 and Exhibit A to the original Service Agreement are hereby amended. Contractors rate will be increased with an additional award of $25.00 per meter, for a total of$270.00 per meter, for a total number of 1500 meters. 3. Section 4 is hereby amended. The total contract price is amended from $490,000 plus applicable taxes to $527,500 plus applicable taxes. Subject to the modifications set forth in this amendment, the above referenced original agreement dated March 24, 2020 between the parties is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties, through their authorized representatives, have affixed the signatures below. MADDOX PLUMBING, INC. CITY OF LAS CRUCES BY: BY: Kevin Maddox Chenyu "Alex" Liu President Purchasing Manager Date Date APPROVED AS TO FORM C'ty or'ey I Revised;June 2019 City of Las Cruces, NMcity of Las Cruces© MOUNTAIN S OF OPPORTUNITY G/L ACCOUNT - MASTER INQUIRY Org code: 51034003 TECHNICAL SUPPORT Type: E Object code: 804100 INFRASTRUCTURE-REHAB Status: A Project code: Budgetary: Y Fund 5250 GAS CAPITAL IMPROVEMENTS DIVSION 30 CITY MANAGER OFFICE DEPARTMENT 340 UTILITIES SECTION 1034 UT SUPPORT & PROJECT MANAGEMEN SUBSECTION 1034A TECHNICAL SUPPORT MISC 0000 NONGRANT OPEN 00 undefined FUNCTION 00 NONFUNCTION Full description: INFRASTRUCTURE-REHAB Short desc: INFRAREHAB Reference Acct: Auto-encumber? (Y/N) N --------- CURRENT YEAR MONTHLY AMOUNTS ---------- PER ACTUAL ENCUMBRANCE BUD TRANSFER BUDGET 00 .00 1,207,723.95 .00 .00 01 113,934.99 -113,927.99 .00 2,765,800.00 02 166,812.62 -240,795.76 .00 .00 03 124,130.86 -83,431.15 .00 .00 04 25,281.33 231,084.56 .00 .00 05 .00 .00 .00 .00 06 .00 .00 .00 .00 07 .00 .00 .00 .00 08 .00 .00 .00 .00 09 .00 .00 .00 .00 10 .00 .00 .00 .00 11 .00 .00 .00 .00 12 .00 .00 .00 .00 13 .00 .00 .00 .00 Tot: 430,159.80 1,000,653.61 .00 2,765,800.00 ---------- CURRENT YEAR TOTAL AMOUNTS ----------- Actual (Memo) 430,159.80 Original Budget 2,765,800.00 Encumbrances 1,000,653.61 Budget Tranfr In .00 Requisitions 6,100.00 Budget Tranfr out -1,207,723.95 Total 1,436,913.41 Carry Fwd Budget 1,207,723.95 Available Budget 1,328,886. 59 Carry Fwd Bud Tfr .00 Percent Used 51.95 Revised Budget 2,765,800.00 Inceptn to SOY .00 Inceptn Orig Bud .00 Inceptn Revsd Bud .00 Encumb-Last Yr .00 DEPT .00 Actual-Last Yr .00 DIRECTOR 2,765,800.00 EStim-Actual 3,973, 523.95 BGT OFFICE 2,765,800.00 .00 CITY MGR 2,765,800.00 COUNCIL 2,765,800.00 Report generated: 10/28/2020 10:40 Page 1 user: drodriguez Program ID: glactinq vCity of Las Cruces MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD OF COMMISSIONERS ACTION FORM For Meeting of November 12, 2020 (Adoption Date) TITLE: A RESOLUTION APPROVING AMENDMENT NO. 1 REQUESTING ADDITIONAL FUNDS FOR THE GAS METER CONVERSION PROJECT UNDER INVITATION TO BID 19-20- 061, FOR A NEW PROJECT AMOUNT OF $1,358,244.06, INCLUDING NEW MEXICO GROSS RECEIPTS TAX. BACKGROUND: On March 12, 2020, the Las Cruces Utilities (' LCU") Board of Commissioners ("Board") awarded three (3) Service Agreements to: Hydra Plumbing and Mechanical of Las Cruces, New Mexico; RJR Enterprises, LLC, Doing Business As ("D/B/A") Lucero and Sons Plumbing, Heating & Cooling of Mesilla, New Mexico; and Maddox Plumbing, Inc., of Las Cruces, New Mexico, under Resolution No 19-20-061, in the amount of $1,187,734.38, including New Mexico Gross Receipts Tax ("NMGRT"). LCU staff recommends to the LCU Board that the Service Agreements for the Gas Meter Conversion Project 19-20-061 be amended to cover the cost associated with the COVID-19 Pandemic. Associated cost includes sanitizer, disposable gloves, foot coverings, face masks/shields, and .5 hours of pre-work and post-work sanitation procedures for each meter conversion. Additionally, the City of Las Cruces ("City") has been unable to obtain an adequate number of meters. The original three (3) Service Agreements 19-20-061 were awarded pre-COVID-19, while services were executed during the COVID-19 Pandemic. LCU and City Purchasing staff are recommending the contracts be amended pursuant to Sections 7 through 10 of the original Service Agreements. Section 4 is amended and Exhibit A to the original Service Agreement amendments are: Continue on additional sheets as required Name of Drafter: Department: Phone: Lucio M. Garcia [D'A tilities 575-528-3521 Account Number: Amount of Expenditure: Budget Amount: 51034003-804100 $170 592.19 $1 328 886.59 Strategic Plan Goal / Objective / Strategy Addressed: Performance Bud et Goal / Objective Addressed: Department Si nature - Phone Department Signature / Phone Utilities _528-3512 Budget '�/' C'.� (, �/U 541-2300 Assistant Legal c /..�� 541-2128 City Manager -. � 541-2271 City Manager 541-2076 LCU 5/18 Rev.4 LCU Board Action Form Page 3 Hydra Plumbing and Mechanical of Las Cruces, New Mexico, rate will be increased with an additional award of $40.00 per meter for a total of $178.50 per meter, for a total of 1,500 meters. The total contract price is amended from $277,000.00 plus $23,025.63 NMGRT to $337,000.00 plus $28,013.13 NMGRT, for a new total contract amount not to exceed $365,013.13 including NMGRT. RJR Enterprises, LLC, D/B/A Lucero and Sons Plumbing, Heating & Cooling of Mesilla, New Mexico, rate will be increased with an additional award of $40.00 per meter for a total of $205.00 per meter, for a total of 1,500 meters. The total contract price is amended from $330,000.00 plus $26,977.50 NMGRT to $390,000.00 plus $31,882.59 NMGRT, for a new total contract amount not to exceed $421,882.40 including NMGRT. Maddox Plumbing, Inc., of Las Cruces, New Mexico, rate will be increased with an additional award of$25.00 per meter for a new total of$270.00 per meter, for a total of 1,500 meters. The total contract price is amended from $490.000.00 plus $40,731.25 NMGRT to $527,500.00 plus $43,848.44 NMGRT, for a new total contract amount not to exceed $571,348.44 including NMGRT. Amendment No.1 consists of an additional cost of $157,500.00 plus $13,092.19 NMGRT for a total of $170,592.19 for the three (3) contractors for a new total project contract amount not to exceed $1,358,244.06 including NMGRT between the three (3) vendors, for a one (1) year term, effective March 20, 2020, - March 19, 2021, with the option for a one (1) year renewable option to be exercised at the discretion of the City subject to approved budget appropriation and annual renewal. Funding for this is budgeted in the Capital Improvement Project Gas Bond Projects 2015A account number: 51034003-804100. SUPPORT INFORMATION: 1. LCU Resolution No. 19-20-061A. 2. Exhibit "A" - Service Agreement Amendment No. 1 between the City and Hydra Plumbing and Mechanical, of Las Cruces, New Mexico. 3. Exhibit"B" - Service Agreement Amendment No. 1 between the City and RJR Enterprises, LLC, D/B/A Lucero and Sons Plumbing, Heating & Cooling of Mesilla, New Mexico. 4. Exhibit "C" - Service Agreement Amendment No. 1 between the City and Maddox Plumbing, Inc., of Las Cruces, New Mexico. BOARD OPTIONS: 1. VOTE "'YES" - Will Approve Resolution 19-20-061A and award Amendment No. 1 Service Agreements, for the Gas Meter Conversion Project to Hydra Plumbing and Mechanical of Las Cruces, New Mexico, in an amount not to exceed $365,013.13 including NMGRT; RJR Enterprises, LLC, D/B/A Lucero and Sons Plumbing, Heating & Cooling of Mesilla, New Mexico, in the amount $421,882.40 including NMGRT; and Maddox Plumbing, Inc. of Las Cruces, New Mexico, in the amount of $571,348.44 including NMGRT; for a new total contract amount not to exceed $1,358,244.06 including NMGRT between the three (3) vendors, for a one (1) year term, effective March 20, 2020, - March 19, 2021, with the option for a one (1) year renewable option to be exercised at the discretion of the City subject to approved budget appropriation and annual renewal. (Continue on additional sheets as required) LCU Board Action Form Page 3 2. VOTE "NO" - Will not approve Resolution 19-20-061A and not award Amendment No. 1 Service Agreements, for the Gas Meter Conversion Project to any of the plumbing vendors. At which time, staff will require strategic guidance. (Continue on additional sheets as required) City of los Cruces° MOUNTAINS UYj G POPoU 1UNITY LAS CRUCES UTILITIES BOARD ACTION FORM AND RESOLUTION ROUTING SLIP The purpose of this Routing Slip will help ensure the highest quality of work is presented to the LCU Board of Commissioners for action on the Resolution. As the drafter of a Las Cruces Utilities (LCU) Board Action Form (BAF) and Resolution (RES) you are responsible to ensure all documents submitted for the Utilities Director's approval are without errors. Please identify a Utility associate to review the entire BAF/RES packet, including any Exhibits and/or Attachments; followed by your Deputy Director. The FINAL COMPLETE BAF/RES packet is required no later than 8:00am 15- working days before the Board Meeting. The additional time is required to obtain all final signatures from City Hall and create the agenda packet in order to distribute to the Board Members. For Meeting of: November 12, 2020 Resolution: NO. 19-20-061A (Date) UTILITY STAFF REVIEWERS PRINT NAME INITIALS DATE 1. Drafter Lucio M. Garcia & Xjj 2. Selected by Drafter Deborah Hurst �a , 3. Deputy Director Robin Lawrence 4. Budget Verification by Rate & Economic Analysis Domoni ue Rodriguez 10 — Z — zv 5. Senior Office Manager Alma Ruiz tttit s Directore i a A. WalsF— — -- CO.R chya lascruces' LCU BAF/RES ROUTING SLIP FY21 9/2020 Rev.1