HomeMy WebLinkAbout11226Docusign Envelope ID: 0B0417E8-400A-82A6-81 B9-F4F22B7DBBB7
ORDINANCE NO. 11226
AN ORDINANCE TRANSFERRING FUNDS IN THE AMOUNT OF
$60,000 FROM PROJECT ACCOUNT C12503, MUNI COURT
SMALL SUV TO C12443, ADMIN OFFICES RELOCATION
PROJECT, TRANSFERRING FUNDS IN THE AMOUNT OF
$31,000 FROM THE UNAPPROPRIATED FUND BALANCE OF
THE HEALTH SELF INSURANCE FUND, BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $31,000 TO
PROJECT ACCOUNT C12613, EMPLOYEE CLINIC
RENOVATIONS, APPROVING CONTRACT AMENDMENT NO. 1
IN THE AMOUNT OF $182,175 TO H.W. HOUSTON
CONSTRUCTION, LLC, FOR PROJECT NO. 26-001, BUILDING
REMODEL - 650 DITTMER AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
WHEREAS, a Construction Contract was awarded to H.W. Houston Construction, LLC,
under Contract Number 26-001; and
WHEREAS, a contract amendment is requested for the purpose of completing
replacement of eight heat pumps and associated work to complete the project; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Funds in the amount of $60,000.00 are hereby transferred from Account Project C12503,
Muni Court Small SUV to Account Project C12443 - Admin Offices Relocation Project
SECTION 2.
Funds in the amount of $31,000.00 are hereby transferred from the unappropriated fund
balance of the Health Self Insurance Fund and budgeted and appropriated into Account Project
C12613 - Employee Clinic Renovation Project
SECTION 3.
Contract Amendment No. 1 to the Construction Contract for Building Remodel - 650
Dittmer with H.W. Houston Construction, LLC, Project No. 26-001, in the amount of
$182,175.00, 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 4.
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.
Docusign Envelope ID: 0B0417E8-400A-82A6-81 B9-F4F22B7DBBB7
SECTION 5.
Funds in the amount of $112,175.00 shall be paid from Project Account C12443, Admin
Offices Relocation Project
SECTION 6.
Funds in the amount of $70,000.00 shall be paid from Project Account C12613,
Employee Clinic Renovation Project
SEr..TION 7
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
consistent with the Amendment, including any payments authorized under the contract, are
hereby ratified.
SEr..TICTN R
This Resolution shall become effective immediately upon passage and approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 22, 2026.
Final adoption of Ordinance by City Council on July 13, 2026. DocuSignedby:
President of City Council
Action by the Mayor:
® Approved on
❑ Disapproved on
07/15/2026
based on the following objections:
Mayor
Docusign Envelope ID: 0B0417E8-400A-82A6-81 B9-F4F22B7DBBB7
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST
Signed by:
Deputy City Cler
Docusign Envelope ID: 0B0417E8-400A-82A6-81 B9-F4F22B7DBBB7
City Clerk's Office Item # S16
Ciify of
PUEBLO
m;µ
...w
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 13, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE TRANSFERRING FUNDS IN THE AMOUNT OF
$60,000 FROM PROJECT ACCOUNT C12503, MUNI COURT SMALL
SUV TO C12443, ADMIN OFFICES RELOCATION PROJECT,
TRANSFERRING FUNDS IN THE AMOUNT OF $31,000 FROM THE
UNAPPROPRIATED FUND BALANCE OF THE HEALTH SELF
INSURANCE FUND, BUDGETING AND APPROPRIATING FUNDS IN
THE AMOUNT OF $31,000 TO PROJECT ACCOUNT C12613,
EMPLOYEE CLINIC RENOVATIONS, APPROVING CONTRACT
AMENDMENT NO. 1 IN THE AMOUNT OF $182,175 TO H.W.
HOUSTON CONSTRUCTION, LLC, FOR PROJECT NO. 26-001,
BUILDING REMODEL - 650 DITTMER AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Ordinance transfers $60,000.00 from C12503, Muni Court Small SUV to C12443,
$31,000.00 from the unappropriated fund balance of the Health Self Insurance Fund,
budgets and appropriates the funds transferred from the Health Self Insurance Fund to
account C12613, and approves Contract Amendment No. 1 in the amount of
$182,175.00 to H.W. Houston, Construction LLC, for Project No. 26-001, Building
Remodel - 650 Dittmer.
PREVIOUS COUNCIL ACTION:
Resolution 16249, dated February 9, 2026, awarded a construction contract to H.W.
Houston Construction, LLC for Project No. 26-001, Building Remodel - 650 Dittmer.
Ordinance 11144, dated April 13, 2026, established Project No. C12613, Employee
Clinic renovations, and transferred, budgeted and appropriated funds in the amount of
$60,000.00 to the project account.
Docusign Envelope ID: 0B0417E8-400A-82A6-81 B9-F4F22B7DBBB7
BACKGROUND:
The original project, awarded to H.W. Houston Construction, LLC, consisted of the
interior renovation of the 2nd floor of the 650 Dittmer Building, including:
• Selective demolition of existing walls, doors, casework, and MEP components.
• New construction included walls, doors, casework, and associated MEP
systems.
• New finishes included painting throughout and replacement of select flooring and
ceilings.
• Associated plumbing, electrical and mechanical work was included, including
flushing of the existing mechanical system (including heat pumps).
During flushing of the heat pumps (16 of them on all floors of the building), it was
discovered that approximately half of them could not be flushed as they were
completely clogged and rusted. The other eight are crawling along. With this contract
amendment, eight of the heat pumps will be replaced. All 16 will receive y -traps to act
as a filter, so the sludge in the old heat pumps will not clog the new heat pumps. In
addition, all units will be chemically flushed, and the existing units will receive new
connection hoses and parts. A portion of the work (5 heat pumps) are on the first floor
of the building and the work shall be done for the benefit of the employee health clinic.
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.
FINANCIAL IMPLICATIONS:
Funding in the amount of $60,000.00 will be transferred from Account Project C12503,
Muni Court Small SUV into Account Project C12443, Admin Offices Relocation Project.
Funding in the amount of $31,000.00 will be transferred, budgeted and appropriated
from the unappropriated fund balance of the Health Self Insurance Fund into Account
Project C12613, Employee Clinic Renovations Project.
Funding in the amount of $112,175.00, will be paid from Project Account C12443,
Admin Offices Relocation Project.
Funding in the amount of $70,000, will be paid from Project Account C12613, Employee
Clinic Renovations Project.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
Docusign Envelope ID: 0B0417E8-400A-82A6-81 B9-F4F22B7DBBB7
ALTERNATIVES:
Denial of this Resolution would cancel the additional work necessary to complete the
project.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
26-001 Amendment Not - Building Remodel 650 Dittmer
Docusign Envelope ID: DFDEEOD9-CBEF-8A65-83BE-01229B80C3A9
AMENDMENT NO. 1 TO
CONSTRUCTION CONTRACT
This Amendment No. 1 to a construction contract ("Amendment") is executed to be effective as
of July 14, 2026, by and between the City of Pueblo, a Colorado Municipal Corporation ("City") and H.W.
Houston Construction, LLC, a Colorado Limited Liability Company ("Contractor").
WHEREAS, City and Contractor entered into that certain construction contract dated February 24,
2026, for Project 26-001 Building Remodel — 650 Dittmer (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. 1. The proposed additional work items identified as "COP #7b Heat Pump Replacement (8
clogged Pumps)" on the proposal attached hereto, and labelled Exhibit 1, are 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 Exhibit 1,
and such additional work shall become a component part of and incorporated into all work
contemplated by the Construction Agreement. 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 $579,181.00, which includes the original contract amount of $370,162.00,
Change Order No. 1r1 in the amount of $24,121.00, Change Order No. 2r1 in the amount of
$3,701.00, Change Order No. 3 in the amount of ($978.00), and the additional contract
amount of $182,175.00 contemplated by the additional work performed under this
Amendment. The time for completion of all work under the Construction Agreement
including the additional work to be performed under this Amendment is increased by thirty
(30) days.
2. Except as expressly modified by this Amendment, the Construction Agreement shall remain
in full force and effect. Except as modified by this Amendment, any obligations to be
performed under the Construction Agreement by either party are not waived nor excused in
any manner but shall be performed in accordance with the terms and conditions of the
Construction Agreement as it existed prior to this Amendment.
3. This Amendment and all other documents contemplated hereunder may be executed using
electronic signatures with delivery via facsimile transmission, by scanning and transmission of
electronic files in Portable Document Format (PDF) or other readily available file format, or
by copy transmitted via email, or by other electronic means and in one or more counterparts,
Project 26-001 Amendment No. 1 Page 1 of 3
Docusign Envelope ID: DFDEE0D9-CBEF-8A65-83BE-01229B80C3A9
each of which shall be: (i) an original, and all of which taken together shall constitute one and
the same agreement, (ii) a valid and binding agreement and fully admissible under state and
federal law, and (iii) enforceable in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
H.W. HOUSTON CONS CTIO LC
By
Louis Nazario, President
CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION
Signed by:
By l' Yt$ L M4 f7tAflAS ty
w. 2 SEDE99C24 4
eresa ay Burns, Director of Purchasing
ATTEST:
�DocuSigned by:
�1�AF87
�171e Bishop, City Clerk
BALANCE OF APPROPRIATION EXISTS FOR
THIS CONTRACT AND FUNDS ARE AVAILABLE:
Signed by,
°"FB"S19anny Nunn, Director of Finance
APPROVED AS TO FORM DEPARTMENT OF LAW:
DocuSigoed by:
L!1u 9 v
502 °ober P. Jagger, Deputy City Attorney
Project 26-001 Amendment No. 1 Page 2 of 3
Docusign Envelope ID: DFDEEOD9-CBEF-8A65-83BE-01229B80C3A9
EXHIBIT 1
H.W. Houston Proposal (3 Pages)
Project 26-001 Amendment No. 1 Page 3 of 3
Docusign Envelope ID: DFDEE0D9-CBEF-8A65-83BE-01229B80C3A9
Dittmer Offices Remodel Houston
101 W Riverwalk ; gj�,w Construction
Pueblo, CO 81003 ft ,,,,
May 18, 2026 Lolorndo
COP #7a Heat Pump Replacement (Replacement of all 16 Heat Pumps)
Sys
Description of Work
Replace ALL existing heat pumps in
building.
Cost % of Cost
COP #7a Heat Pump Replacement (Replacement of all 16 Heat Pumps)
2100
Demo Ceilings
2,550
0.74%
8100
Provide Access Doors at two Pump Locations in Gyp. Ceilings
2,400
0.70%
9100
Repair Ceilings
20,000
5.84%
21000
Fire Sprinkler System Relocation
10,625
3.10%
26000
Olson Plumbing - See attached Scope
255,910
74.72%
Subtotal Direct Costs
291,485
85%
Indirect Costs
Plan Review and Permit
Builder's Risk Insurance
Performance and Payment Bond - Not Included
Contractor's Insurance
General Conditions
CM/GC Fee
Design Fee - Not Included
-
308
3,082
3,082
34,248
10,274
-
0.00%
0.09%
0.90%
0.90%
10.00%
3.00%
0.00%
Subtotal Direct, Indirect & Contingency Costs
50,995
:i
14.89%
ii iii
Time Increase
30
Days
COP #7b Heat Pump Replacement (8 clogged Pumps)
Sys
Description of Work
Replace 8 existing heat pumps in
building.
Cost % of Cost
COP #7b Heat Pump Replacement (8 clogged Pumps)
2100
Demo Ceilings
1,280
0.37%
8100
Provide Access Doors at two Pump Locations in Gyp. Ceilings
2,400
0.70%
9100
Repair Ceilings
10,000
2.92%
21000
Fire Sprinkler System Relocation
5,320
1.55%
26000
Olson Plumbing - See attached Scope
136,049
39.72%
Subtotal Direct Costs
155,049
45%
Indirect Costs
Plan Review and Permit
Builder's Risk Insurance
Performance and Payment Bond - Not Included
Contractor's Insurance
General Conditions
CM/GC Fee
Design Fee - Not Included
-
164
1,640
1,640
18,217
5,465
-
0.00%
0.05%
0.48%
0.48%
5.32%
1.60%
0.00%
Subtotal Direct, Indirect & Contingency Costs
27,126
7.92%
Time Increase
30
Days
Docusign Envelope ID: DFDEEOD9-CBEF-8A65-83BE-01229B80C3A9
4rndoTrnnL
PLUMBING & HEAlING CO.
5/13/2026
To: Mr. Louis Nazario
HW Houston
RE: Dittmer Building Heat Pump Replacements
Industrial Plumbing and Heating are pleased to offer the following proposal for your consideration based
on walkthrough and meeting.
o Provide and install the necessary labor and materials to replace 8 or 16 existing FHP
Heat Pumps with Trane Heat Pumps on a 2 -week quick ship.
■ Electrical
■ Sheetmetal
■ Regional Permit
■ Complete Flushing of the heat pump mains and add Y strainer to all heat pumps.
■ Previous cost to get 7 heat pump coils cleared as best as possible.
o Disposal of the existing heat pumps.
o Pricing is based on working normal working hours.
o 16 Heat pumps with quick ship $255,910.00
■ Please deduct $34,00.00 if quick ship is not needed.
o 8 Heat pumps with quick ship $136,049.00
■ Please deduct $17,00.00 if quick ship is not needed.
• Pricing breakouts for 8 HP's
o Labor for HP's - $43,494.00
o Materials - $3,200.00
o Equipment - $43,855.00
o Previous Cost - $12,500.00
o Two Week Quick Ship - $17,000.00
o Electrical Subcontractor - $16,000.00 (Allowance)
• Pricing breakouts for 16 HP's
o Labor for HP's - $78,914.00
o Materials - $6,400.00
o Equipment - $92,096.00
o Previous Cost - $12,500.00
o Two Week Quick Ship - $34,000.00
o Electrical Subcontractor - $32,000.00 (Allowance)
• Exclusions:
11 g
Docusign Envelope ID: DFDEEOD9-CBEF-8A65-83BE-01229B80C3A9
o Engineering
o Fire Protection
o Ceiling grid removal or replacement
o Premium time
o Controls
o Painting or patching of drywall.
Thank you very much for the opportunity to provide pricing for this project. Please do not hesitate to
contact me with any questions or concerns.
Sincerely,
John Hill
Vice President
21 P age
Docusign Envelope ID: DFDEEOD9-CBEF-8A65-83BE-01229B80C3A9
RIDER TO
CORPORATE SURETY BOND
Principal: H.W. Houston Construction, LLC
Obligee: City of Pueblo, Colorado
Bond Number: 108387960
Description: Performance Bond and Payment Bond — Dittmer Building Remodel
101 West Riverwalk, Pueblo, CO 81001 - Project No. 26-001
(C12443)
Surety: Travelers Casualty and Surety Company of America
Contract Date: February 24, 2026
Effective immediately, this bond is hereby amended as follows:
The bond amount is changed from:
Three Hundred Seventy Thousand One Hundred Sixty Two and 00/100
Dollars ($370,162.00)
to:
Five Hundred Seventy Nine Thousand One Hundred Eighty One and 00/100
Dollars ($579,181.00)
Per Contract Amendment No. 1.
All other conditions under this bond obligation remain unchanged.
Signed, sealed and delivered this 31st day of July, 2026.
H.W. Houston Construction, LLC
Digitally signed by Louis Nazario
DN C=US, E=lowsn@hwhouston com, O -"H. W.
Louis Nazario Houston Construction, LLC", s N 'H W Houston
Construction, LLC , CN=Louis Nazario
Date 2026.08.04 08:46:44-0600'
Travelers Casualty and Surety Company of
America
By. Q.,.m p. w.
Nicole L. McCollam, Attorney -in -Fact
170 9.7111 trc et, Suite 100
Denver. CO 80202
(::10) 53.4-4.567
Docusign Envelope ID: DFDEE0D9-CBEF-8A65-83BE-01229B80C3A9
Travelers Casualty and Surety Company of America
A Travelers Casualty and Surety Company
TRAVELERS w St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are
corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby make,
constitute and appoint Nicole L McCollam of DENVER , Colorado , their
true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings
obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 13th day of May,
2026.
State of Connecticut
City of Hartford ss.
By:
Bryce Grissom, Senior Vice President
On this the 13th day of May, 2026, before me personally appeared Bryce Grissom, who acknowledged himself to be the Senior Vice President, Surety,
Bond & Specialty Insurance, of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes
therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal
My Commission expires the 31st day of March, 2031
Marie E. Sorensen, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,
which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of
a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and
revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one
or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any
Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified
by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to
which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
_ SUaEt y. �tY ANO .G Datedthis 31st dayof Jul 2026I:D
AL E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
Docusign Envelope ID: DFDEEOD9-CBEF-8A65-83BE-01229B80C3A9
TRAVELERS
SURETY BOND SEAL ADDENDUM
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Travelers Casualty and Surety Company of America ("Travelers") has authorized its Attorneys -in -Fact to
attach this Addendum to any bond executed on behalf of Travelers by any such Attorney -in -Fact.
Travelers hereby agrees that the seal below shall be deemed affixed to the attached bond to the same
extent as if Travelers' raised corporate seal was physically affixed to the face of the bond.
Dated this 1st day of April, 2024.
Travelers Casualty and Surety Company of America
SEAL
By:
ryce rissom, Senior Vice President