HomeMy WebLinkAbout16268Docusign Envelope ID: 108AE49D-CFA2-4D4A-A28D-F7AA1930D42F
City Clerk's Office Item # M8
COUNCIL MEETING DATE: March 9, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Vince Petkosek, Deputy City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: A RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF
$17,995.75 FROM PROJECT ACCOUNT HUAN01, STREET
RESURFACING TO HU2507, CONCRETE IMP - ST CLAIR PH 1,
APPROVING CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF
$17,995.75 TO DOUG VAUGHN, LLC, FOR PROJECT NO. 25-075,
CONCRETE IMPROVEMENTS - ST. CLAIR AVENUE PHASE 1
(PUEBLO BLVD TO ALPINE AVE) AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Resolution transfers $17,995.75 from HUAN01 to HU2507, and approves Contract
Amendment No. 1 in the amount of $17,995.75 to Doug Vaughn, LLC, for Project No.
25-075, Concrete Improvements — St. Clair Avenue Phase 1 (Pueblo Blvd to Alpine Ave).
PREVIOUS COUNCIL ACTION:
Resolution 16106, dated September 8, 2025, transferred funds in the amount of
$151,127.65 from HUAN01 to HU2507, awarded a Construction Contract, in the amount
of $131,127.65, to Doug Vaughn, LLC, and set forth $20,000.00 for contingencies and
additional work, for Project No. 25-075, Concrete Improvements — St. Clair Avenue
Phase 1 (Pueblo Blvd to Alpine Ave).
BACKGROUND:
The original project, awarded to Doug Vaughn, LLC, consisted of removal and
replacement of concrete sidewalk, curb and gutter, ADA curb ramps on St. Clair Ave.
between Pueblo Blvd. and Alpine Ave. Contract Amendment No. 1 reflects the cost to
provide additional sidewalk and curb head. 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.
Docusign Envelope ID: 108AE49D-CFA2-4D4A-A28D-F7AA1930D42F
This Resolution approves an amendment to increase the contract award amount
previously awarded to Doug Vaughn, LLC.
FINANCIAL IMPLICATIONS:
Funding in the amount of $17,995.75 will be transferred from Account Project HUAN01,
Street Resurfacing into Account Project HU2507, Concrete Imp - St. Clair Ph 1.
Funding in the amount of $17,995.75, will be paid from Project Account HU2507,
Concrete Imp - St. Clair Ph 1.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this Resolution would cancel the additional work necessary to complete the
project.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 25-075 Concrete Improvements -St. Claire Ave Phase 1 -Amendment No 1
Docusign Envelope ID: 108AE49D-CFA2-4D4A-A28D-F7AA1930D42F
RESOLUTION NO. 16268
A RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF
$17,995.75 FROM PROJECT ACCOUNT HUAN01, STREET
RESURFACING TO HU2507, CONCRETE IMP - ST CLAIR PH 1,
APPROVING CONTRACT AMENDMENT NO. 1 IN THE AMOUNT
OF $17,995.75 TO DOUG VAUGHN, LLC, FOR PROJECT NO. 25-
075, CONCRETE IMPROVEMENTS - ST. CLAIR AVENUE
PHASE 1 (PUEBLO BLVD TO ALPINE AVE) AND AUTHORIZING
THE PURCHASING AGENT TO EXECUTE SAME
WHEREAS, a Construction Contract was awarded to Doug Vaughn, LLC, under Contract
Number 25-075; and
WHEREAS, a contract amendment is requested for the purpose of completing additional
sidewalk and curb head to complete the project; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1
Funds in the amount of $17,995.75 are hereby transferred from Account Project HUAN01
Street Resurfacing to Account Project HU2507 Concrete Imp - St. Clair Ph 1.
SECTION 2.
Contract Amendment No. 1 to the Construction Contract for Concrete Improvements — St.
Clair Avenue Phase 1 (Pueblo Blvd to Alpine Ave) with Doug Vaughn, LLC, Project No. 25-075,
in the amount of $17,995.75, 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 3.
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 4.
Funds in the amount of $17,995.75 shall be from Project Account HU2507, Concrete Imp
- St. Clair Ph 1.
SECTION 5.
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 policies and procedures
described herein. Furthermore, all actions previously taken by officers and staff of the City
Docusign Envelope ID: 108AE49D-CFA2-4D4A-A28D-F7AA1930D42F
consistent with the Amendment, including any payments authorized under the contract, are
hereby ratified.
SECTION 6_
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: March 9, 2026
BY: Ted Hernandez
Signed by:
ATTESTED BY: _ ____
DEPU RK
MEMBER OF CI�YS9QINCIL
APPROVED: �t ((
PRESIDENT FCITY COUNCIL
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AMENDMENT NO. 1 TO
CONSTRUCTION CONTRACT
This Amendment No. 1 to a construction contract ("Amendment") is executed to be effective as
of March 10, 2026, by and between the City of Pueblo, a Colorado Municipal Corporation ("City") and
Doug Vaughn, LLC, a Colorado Limited Liability Company ("Contractor").
WHEREAS, City and Contractor entered into that certain construction contract dated September
22, 2025, for Project 25-075 (HUAN01) Concrete Improvements - St. Clair Avenue Phase 1 (Pueblo Blvd to
Alpine Ave), 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:
1. 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 $169,123.40, which amount includes the original contract amount of $131,127.65, Change Order No. 1
in the amount of $20,000.00, and the additional contract amount of $17,995.75 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.
2. 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.
3. 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: (i) an original, and all of which taken together shall constitute one and the same agreement, (ii) a valid
and binding agreement and fully admissible under state and federal law, and (iii) enforceable in
accordance with its terms.
Project 25-075 Amendment No. 1 Page 1 of 3
Docusign Envelope ID: DFFA1 256 -48B3 -499E-91 7B -3F781 1 B2D605
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
DOUG VAUGHN, LLC
By
LDag Va hn, Managing Member
CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION
Signed by:
B`t,V�,SA L n +r w1
&tTM IL erns, Director of Purchasing
(g)
ATTEST:
Signed by:
33QFOD30QE24F8_..
Vincent Petkosek, Deputy City Clerk
BALANCE OF APPROPRIATION EXISTS FOR
THIS CONTRACT AND FUNDS ARE AVAILABLE:
Signed by:
°1F'6bY fJP'N' nn, Director of Finance
APPROVED AS TO FORM DEPARTMENT OF LAW:
[—�DOGL!Slgned by:
8 � 9 9�agger, Deputy City Attorney
Project 25-075 Amendment No. 1 Page 2 of 3
Docusign Envelope ID: DFFA1 256 -48B3 -499E-91 7B -3F781 1 B2D605
EXHIBIT 1
REQUEST FOR QUOTATIONS
Project 25-075 (HUAN01) Concrete Improvements — St. Clair Avenue Phase 1 (Pueblo Blvd to Apline
Ave.)
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 _ Quantity Grand Total forAdditional Work
• Additional Sidewalk and Curb Head Lump Sum $17,995.75
(Seventeen Thousand Nine Hundred Ninety Five Dollars and 75/100 •----_------ - -----($17,995.75)
The undersigned has examined the quantities shown against the plans and specifications and accepts the
said quantities as substantially correct, both as to classification and amount, and as correctly listing the
work to be completed. The City is not responsible for bidding errors resulting from Contractor's failure to
follow this requirement.
DOUG VAUGHN, LLC
By: ✓
Dou Vaughn, Managing Member
Project 25-075 Amendment No. 1 Page 3 of 3
Docusign Envelope ID: DFFA1 256 -48B3 -499E-91 7B -3F781 1 B2D605
me
RIDER
TO BE ATTACHED TO AND FORM PART OF
St Clair Avenue Phase 1 Project 25-075
In favor of City of Pueblo
on behalf of Doug Vaughn, LLC
United Fire & Casualty Company
United Fire & Indemnity Company
Financial Pacific Insurance Company
Bond No. 54267862
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 THE NAME OF THE PRINCIPAL
O CHANGE THE ADDRESS OF THE PRINCIPAL
❑ CHANGE THE EFFECTIVE DATE
❑ CHANGE THE EXPIRATION DATE
❑ CHANGE THE BOND NUMBER
❑ OTHER:
FROM: $131,127.65
TO: $169,123.40
EFFECTIVE DATE OF RIDER: March 10, 2026
2. PROVIDED, however, that the attached bond shall be subject to all its agreements,
limitations, and conditions 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 16th day of March , 2026
United Fire a uaitCompany
By:
Attorney -in -Fact
HOME OFFICE: 118 SECOND AVENUE SE I PO Box 73909 1 Cedar Rapids, Iowa 52407-3909 1 P: 319-399-5700 1 F: 319-286-2520
www.ufgins.com
BOND0001 042011
Docusign Envelope ID: DFFA1 256 -48B3 -499E-91 7B -3F781 1 B2D605
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
IIt'Jt UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401
tNSUf1ANE CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company — See Certification)
KNOW A]"J.., PERSONS BY THESE PRESENT'S„ That United Fite & Casualty Company, a corporation duly organized and existing under the laws.
of the State of Iowa; United Fire & indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and
Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called.
the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
GEORGE C. SHINEOVICH, JOHN T. LANE, BRETT KOSKI, JAMES HOWES, PAUL S. SINATRA, STEPHEN A. BLEVINS,
ALEXANDER E. PEREZ, EACH INDIVIDUALLY
their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $15 , 000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted shall expire the 1st day of July, 2027 un 1 ess sooner revoked by United Fire & Casualty
Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United
Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
"Article VI — Surety Bonds and Undertakings"
Sennett 2, Appointment of Attorney -in -fact. "The Pr'esident; or any Vice President, or any other officer of the Companies may, from time to time, appoint by written
certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.
The signature of any officer authorised hereby, and the Corporaie seal, may be affixed by facsimile to any power of attontaey or special power of attorney or certification of
either authorized hereby; suck signature and weal„ when so iLsed, being adopted by the C arnpanics as the original signature of such officer and the original seal of the
Contpaasies, to be valid and binding upon the Companies with the satire force and effect as though manually affixed. Such attonieys•in-fsct, subject to the limitations set of
forth in their respective coriifcates of authority shall have full power to bind the Companies' by their signature and execution of any such instnamenls and to attach the seal
the Cawrnpatrriew thereto. The President or any Vice President„ the Board of Directors or any other officer of she Companies may at any time revoke ell power and authority
previously given to any attorney -in -fact.
IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
r °'u� "( `°"r. " w �v4so * vicepresident and its corporate seal to be hereto affixed this
.55 a, 5 r r rp 1st day of July, 2025
cot eoaaAaE CCPGar'oaAfir s� aLY2 UNITED FIRE & CASUALTY COMPANY
z UNITED FIRE & INDEMNITY COMPANY
a srAa. � SEAL w rr 7986 sw*>''* FINANCIAL PACIFIC INSURANCE COMPANY
Aa sc%55"F�Yr.l4tiw55
rdnMaleiMN�w e�Ntldatll4akM%'� Nat auo oil' "p
By: ..
State of Iowa, County of Linn, ss: Vice President
On 1st day of July, 2025, before me personally came Kyanna M. Saylor
to me known, who bemg by me duly sworn, did depose and say; that, she resides m Cedar Rapids, State of Iowa; that she is a Vice President of United
Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her
name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.
Judith A. Jones
A. Iowa Notarial Seal
Commission number 173041 Notary Public
Q9�T My Commission Expires 04/23/2027 7
My commission expires: 04/2/202`
I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant
Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and
the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said
Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this 16th day of ,20 26
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