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Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: WǒƓĻ ЋЍͲ ЋЉЋЍ
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 AMENDING RESOLUTION NO. 15635, CHANGING
THE AWARD AMOUNT OF THE CONSTRUCTION CONTRACT TO
H.W. HOUSTON CONSTRUCTION, FOR PROJECT NO. 23-048A,
CONSTRUCTION OF BOATHOUSE AND CHANNEL EXTENSION FOR
HISTORIC ARKANSAS RIVERWALK OF PUEBLO PHASE IV (HARP
PHASE IV), FROM $14,244,873.00 TO $14,246,653.00.
SUMMARY:
Attached is a Resolution to amend Resolution No. 15635, which awarded a
construction contract to H.W. Houston Construction, LLC, in the amount of
$14,244,873.00, for Project No. 23-048A, Construction of Boathouse and Channel
Extension for Historic Arkansas Riverwalk of Pueblo Phase IV (HARP Phase IV) to
$14,246,653.00, a change of $1,780.00.
PREVIOUS COUNCIL ACTION:
City Council previously approved on March 18, 2019, an Intergovernmental Agreement
between the parties for the purpose of providing design and construction ready plans
for the HARP Channel Extension and Boathouse Project.
On April 8, 2024, by Resolution No. 15591, City Council authorized the transfer of
$3,311,597.29 from the 1992-2026 Sales and Use Tax Capital Improvement Projects
Fund to Project Account ED2402 - HARP Channel Extension and Boathouse Project.
On April 8, 2024, by Resolution No. 15594, City Council accepted $200,000 from the
Pueblo Urban Renewal Authority to assist in the construction of the HARP Channel
Extension and Boathouse Project.
On April 22, 2024, by Ordinance No. 10687, City Council approved an
Intergovernmental Agreement between the City and Pueblo County and the HARP
Authority, by which Pueblo County will pay to the City of Pueblo $9,000,000 in 1A funds
for the Construction of the HARP Channel Extension and Boathouse Project,
accepted the 1A funds from Pueblo County, established Project Account CI2432 and
budgeted and appropriated funds to Project Account CI2432.
On April 22, 2024, by Ordinance No. 10688, City Council approved and accepted a
grant in the amount of $1,000,000.00 from the Colorado Department of Local Affairs
("DOLA"), transferred $1,000,000.00 from the General Fund and budgeted and
appropriated funds in the amount of $2,000,000.00 to Project Account CI2432.
On April 22, 2024, by Ordinance No. 10689, City Council approved and authorized
the Mayor to execute a Cooperation Agreement between the City of Pueblo and the
HARP Authority relating to the construction of the HARP Channel and Riverwalk
Extension Project.
Resolution 15635, dated May 13, 2024, awarded a construction contract to H. W.
Houston Construction, LLC, in the amount of $14,244,873.00, for Project No. 23-
048A, Construction of Boathouse and Channel Extension for Historic Arkansas
Riverwalk of Pueblo Phase IV, and setting forth $452,225.00 in contingencies.
Ordinance No. 10716, dated May 28, 2024, rescinded Resolution 15594, accepted
funds in the amount of $200,000 from the Pueblo Urban Renewal Authority to fund, in
part, the construction of the HARP Channel Extension and Boathouse Project. The
Ordinance also budgeted and appropriated those funds into Project Account CI2432 -
Const. HARP Extension and Boathouse.
BACKGROUND:
In November 2016, County voters passed Ballot Question 1A, which allows the
County to collect, retain and spend all revenue from all sources notwithstanding the
limitations of Article X, Section 20 of the Colorado Constitution ("TABOR") or other
law and utilize revenues from expiring Tax Incentive Agreements ("TIA") in the
amount of approximately $66 million to fund an initial list of 20 specific community
improvement Projects, and a list of Projects as modified or supplemented from time
to time, now formally known as the Capital Improvement Program ("CIP"). The HARP
Channel Extension and Boathouse Project was identified as a Project.
Resolution No. 15635, approved by City Council on May 13, 2024, approved the
construction contract to H.W. Houston Construction LLC, in the amount of
$14,244,873.00; however, the actual contract amount should have
been
$14,246,653.00. This Resolution amends Resolution No. 15635 to award the correct
amount to H.W. Houston Construction, LLC.
FINANCIAL IMPLICATIONS:
The additional $1,780.00 that will be added to the contract for H.W. Houston
Construction shall be paid from Project Account CI2432 - Const. HARP Channel
Extension and Boathouse.
BOARD/COMMISSION RECOMMENDATION
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this resolution will cancel the additional amount of funding due to H.W.
Houston LLC.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 23-048A Bid Summary
RESOLUTION NO. 15666
A RESOLUTION AMENDING RESOLUTION NO. 15635,
CHANGING THE AWARD AMOUNT OF THE CONSTRUCTION
CONTRACT TO H.W. HOUSTON CONSTRUCTION, FOR
PROJECT NO. 23-048A, CONSTRUCTION OF BOATHOUSE
AND CHANNEL EXTENSION FOR HISTORIC ARKANSAS
RIVERWALK OF PUEBLO PHASE IV (HARP PHASE IV), FROM
$14,244,873.00 TO $14,246,653.00.
WHEREAS, City Council approved Resolution No, 15635 on May 13, 2024, approving
an award of a construction contract to H.W. Houston Construction LLC, in the incorrect amount
of $14,244,873.00; and,
WHEREAS, the bid of H.W. Houston Construction, LLC, was $14,246,653.00 and should
have been the amount awarded; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
Section 1 of Resolution 15635 is hereby deleted in its entirety and amended to read as
follows:
SECTION 1.
The City Council authorizes Project No. 23-048A, Construction of Boathouse and
Channel Extension for Historic Arkansas Riverwalk of Pueblo Phase IV (HARP Phase
IV) to be performed, and the contract for said project is hereby awarded to H.W.
Houston Construction, LLC in the amount of $14,246,653.00
SECTION 2.
Section 4 of Resolution 15635 is hereby deleted in its entirety and amended to read as
follows:
SECTION 4.
Funds in the amount of $10,001,780.00, shall be paid from Project Account CI2432,
Const. HARP Extension and Boathouse.
SECTION 3.
The officers of the City of Pueblo are authorized to perform any and all acts consistent
with this Resolution to implement the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: June 24, 2024
BY: Dennis Flores
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK