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Home My WebLink About08584As Amended: May 8, 2013 ORDINANCE NO. 8584 AN ORDINANCE ACCEPTING THE REMAINING $1,644,000 OF THE $2,580,000 GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION TH (FHWA) FOR THE WEST 11 STREET BRIDGE REPLACEMENT (PUE11TH- 0.2-ADE), TRANSFERRING $411,000 (20% LOCAL AGENCY MATCH) FROM HU1205, AND BUDGETING, APPROPRIATING, AND TRANSFERRING SAID AMOUNTS INTO CAPITAL PROJECT NO. CP1004 WHEREAS, the City has previously received partial funding in the amount of $936,000, th of a $2,580,000 Federal Highway Administration (FHWA) grant to replace the West 11 Street Bridge, and; WHEREAS, the remainder of the funds in said grant have now been released in the amount of $1,644,000 with a 20% local agency required match of $411,000, up to a maximum combined total amount of $2,055,000, and; WHEREAS, the City and CDOT must amend the intergovernmental agreement (Contract Amendment), a copy of which is attached and has been approved as to form by the City Attorney; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The remaining funds from the FHWA grant in the amount of $1,644,000 are hereby th accepted, and said funds are budgeted and appropriated in existing project CP1004 W. 11 Street Bridge Replacement. SECTION 2. Faster Bill funds in the amount of $411,000 shall be transferred from account (HU1205) and deposited in Project No. CP1004 for the 20% local agency match. SECTION 3. The President of the City Council is hereby authorized to execute the Contract Amendment with the Colorado Department of Transportation on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED: April 22, 2013 BY: Ami Nawrocki PASSED AND APPROVED: May 13, 2013 As Amended: May 8, 2013 Background Paper for Proposed ORDINANCE DATE: APRIL 22, 2013 AGENDA ITEM # R-1 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE AN ORDINANCE ACCEPTING THE REMAINING $1,644,000 OF THE $2,580,000 GRANT TH FROM THE FEDERAL HIGHWAY ADMINISTRATION (FHWA) FOR THE WEST 11 STREET BRIDGE REPLACEMENT (PUE11TH-0.2-ADE), TRANSFERRING $411,000 (20% LOCAL AGENCY MATCH) FROM HU1205, AND BUDGETING, APPROPRIATING, AND TRANSFERRING SAID AMOUNTS INTO CAPITAL PROJECT NO. CP1004 ISSUE Should City Council accept the remaining portion of a $2,580,000 grant in the amount of $1,644,000 from the Federal Highway Administration for costs associated with the replacement th of the West 11 Street Bridge? RECOMMENDATION Approval of this Ordinance. BACKGROUND th The City of Pueblo was awarded a grant from the FHWA to replace the West 11 Street Bridge that is functionally obsolete. Originally, only funding for the engineering design, NEPA environmental studies, and right-of-way indirect acquisition costs had been released and a previous Ordinance was approved to accept that portion of the grant. This Ordinance accepts the remaining portion of the grant and also requires a 20% local agency match of $411,000. The combined total of this grant, including the local agency match, is now $3,225,000. FINANCIAL IMPACT The $411,000 local agency required match will come from the FASTER Bill portion of the City’s Highway Users Tax Fund as approved for the 2013 Budget. CONTRACT AMENDMENT Date: Amendment #1 Original Contract CMS # 10 HA2 12185 Amendment CMS # 13 HA2 54602 03/26/2013 Project # BRO M086 -055 (17055) PO 271001143 1) PARTIES This Amendment to the above - referenced Original Contract ( "Contract ") is entered into by and between the City of Pueblo ( "Local Agency" or "Contractor "), and the STATE OF COLORADO ( "State ") acting by and through the Department of Transportation, ( "CDOT "). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee ( "Effective Date "). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Agreement to design and construct a bridge replacement on 1 1 th Street approximately 1.1 miles east of SH 45 in Pueblo, Colorado. 4) The Parties now desire to do the following: a) increase total project funding by $2,128,500.00 to a new total of $4,444,500.00; b) encumber additional Design Phase funds of $100,000.00; c) replace Exhibit C with Exhibit C -1; d) replace Section 7, Option Letter Modification, with updated language; and e) replace the Bilateral Sample Option Letter with a Unilateral Sample Option Letter by replacing Exhibit D with Exhibit D -1 in order to expedite encumbrance procedures on future phases of the Project. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS The Contract and all prior options, amendments, etc. thereto, if any, are modified as follows: a. Exhibit C -1 Additional project funds of $2,128,500.00 are now added, increasing the total project funds to $4,444,500.00; ii Additional Design funds in the amount of $100,000.00 are now encumbered, increasing the Design funds encumbrance to $745,000.00; and The Funding Provisions (Exhibit C) have been revised to reflect the encumbrance. Exhibit C is deleted in its entirety and replaced with Exhibit C -1 attached hereto and incorporated herein by this reference. Any reference to Exhibit C shall hereafter refer to Exhibit C -1. b. Option Letter Modification Section 7 is deleted in its entirety and replaced with the following language: An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the encumberance amount as shown on Exhibit C, and /or tranfer funds from one phase to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. A. Option to add a phase and/or increase or decrease the total encumbrance amount The State may require the Local Agency to begin a phase that may include Design, Construction, Environmental, Utilities; ,ROW Incidentals or Miscellaneous (this does not apply to , Acquisition /Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with the total budgeted funds remaining the same. The State may simultaneously increase and /or decrease the total encumbrance amount by replacing the original funding exhibit (Exhibit C) in the original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc). The State may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State exercises this option, the Agreement will be considered to include this option provision. B. Option to transfer funds from one phase to another phase. The State may require or permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state, federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C -1 (subsequent exhibits to Exhibit C -1 shall be Tabled C -2, C -3, etc.) and attached 10 the option letter. The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. Any transfer offunds from one phase to another is limited to an aggregate maximum of 24.99% of the original dollar amount of either phase affected by a transfer. A bilateral amendment is required for any transfer exceeding 24.99% of the original dollar amount of the phase affected by the increase or decrease. C. Option to do both Options A and B. The State may require the Local Agency to add a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C -1 (subsequent exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc.) and attached to the option letter. The addition of a phase and encumbrance and transfer offunds are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. c. Exhibit D -1 The Bilateral Sample IGA Option Letter, Exhibit D is deleted in its entirety and replaced with Exhibit D -1, a Unilateral Sample IGA Option Letter which is attached hereto and incorporated herein by this reference. 7) START DATE This Amendment shall take effect upon the date of the State Controller's Signature. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. 2 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY STATE OF COLORADO CITY OF PUEBLO John W. Hickenlooper, GOVERNOR S'v'F -? Nc.. 4 . 1.1 p .c GKZ Colorado Department of Transportation Print Name of Authorized Individual 0.E.S.zD lr of. CCT c b4acri. � P rint Ti of • .t; d Individu By; Tim . Har F 4,,i . Chief Engineer t ,....,_ For: Donald E. Hunt, Executive Director � `� *Signature / /d //! Date: Date: d l 3 '41") 4 3 2nd Local Agency Signature (if needed) LEGAL REVIEW John W. Suthers, Attorney General CI x g P. . •-■Z c- HE it Print Name: C.'s'T `t C.L 1C- iZK By: N l�- Signature - A sistant Attorney General Print Title: \-- Date: *Signature Date: .5 -- e '5 - 2 o i 3 ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Davi J. t, McD' • CPA By: ' , Colorado D- •artment of Transportation Date: `7/.r/ 3 EXHIBIT C -1 — FUNDING PROVISIONS Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $4,444,500.00, which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds $3,555,600.00 (80% of Participating Costs) b. Local Agency Matching Funds (20% of Participating Costs) $888,900.00 c. Local Agency Overmatch (Including Non - Participating Indirects) $0.00 TOTAL BUDGETED FUNDS $4,444,500.00 2 ESTIMATED CDOT- INCURRED COSTS a. Federal Share $0.00 (80% of Participating Costs) b. Local Share Local Agency Share of Participating Costs $0.00 Non - Participating Costs (Including Non - Participating lndirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT - INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a, Federal Funds Budgeted (la) $3,555,600,00 b. Less Estimated Federal Share of CDOT- Incurred Costs (2a) $0:00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $3,555,600,00 4 FOR CDOT ENCUMBRANCE PURPOSES Federal Funds (1a) $3,555,600.00 Local Agency Matching Funds (1b) $888,900.00 Total Encumbrance Amount *Construction funds are currently not available. Construction funds will be added when they become available by a formal amendment or $4,444,500.00 Option Letter* Less ROW Acquisition 3111 and /or ROW Relocation 3109 (Federal Share of $340,000.00 and Local Agency Share of $85,000.00) ($425,000.00) Net to be encumbered as follows: $4,019,500.00 WBS Element 17055.10.30 Design 3020 $745,000.00 WBS Element 17055.10.10 ROW 3114 $100,000.00 WBS Element 17055.20.10 Const 3301 $0.00 Exhibit C -I - Page 1 of 2 Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal -aid funds (CFDA #20 2050) to 20% Local Agency funds, it being understood that such ratio applies only to the $4,444,500.00 ($3,555,600.00 Federal Funds and $888,900.00 Local Agency Funds) that is eligible for federal participation, it being further understood that all non - participating costs are borne by the Local Agency at 100 %. If the total participating cost of performance of the Work exceeds $4,444,500.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non - participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $4,444,500.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $3,215,600.00 (Total Federal Funds of $3,555,600.00 minus Federal share of ROW Acquisition 3111 and /or ROW Relocation 3109 of $340,000.00) (For CDOT accounting purposes, the federal funds of $3,215,600.00 and the Local Agency matching funds of $803;900.00 (Local Agency Matching Funds of $888,900.00 minus Local Agency share of ROW Acquisition 3111 and /or ROW Relocation 3109 of $85,000.00) will be encumbered for a total encumbrance of $4,019,500.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. *Construction funds are currently not available. Construction funds will be added when they become available by a formal amendment or Option Letter *. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. Single Audit Act Amendment All state and local government and non - profit organization Sub -The Local Agencys receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A -133 (Audits of States, Local Governments and Non -Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub -The Local Agencys receiving federal funds are as follows: i. Expenditure less than $500,000 If the Sub -The Local Agency expends less than $500,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding than $500,000- Highway Funds Only If the Sub -The Local Agency expends more than $500,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure exceeding than $500,000 - Multiple Funding Sources If the Sub -The Local Agency expends more than $500,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization /entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. 2 32. EXHIBIT D -1 — OPTION LETTER SAMPLE IGA OPTION LETTER NOTE: This option is limited w the specific contract scenarios listed below. Date: State Fiscal Year: Option Letter No. Option Letter CMS Routing # Option Letter SAP # Original Contract CMS # Original Contract SAP # Vendor name: SUBJECT: A. Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition /Relocation or Railroads) and to update encumbrance amounts(a new Exhibit C must be attached with the option letter and shall be labeled C - future changes for this option shall be labeled as follows: C -2, C -3, C -4, etc.). B. Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C -1, future changes for this option shall be labeled as follows: C -2, C -3, C -4, etc.). C. Option to unilaterally do both 1 and 2 (a new Exhibit C must be attached with the option letter and shall be labeled C -1, future changes for this option shall be labeled as follows: C -2, C -3, C -4, etc.). REQUIRED PROVISIONS. All option letters shall contain the appropriate provisions as follows: Option A (Insert the following language for use with the Option A): In accordance with the terms of the original Agreement (insert CMS routing # of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to add a phase that will include (describe which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber funds for the phase based changes in funding availability and authorization. The total encumbrance is now (select one: increased and /or decreased) by (insert dollars here). A new Exhibit C -1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be labeled as follows: C -2, C -3, C -4, etc.). Option B (Insert the following language for use with Option B): In accordance with the terms of the original Agreement (insert CMS # of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C -1 is made part of the original Agreement and replaces Exhibit C. (The Exhibit D -1 — Page 1 of 2 � r r , following are NOTES only so please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C -2, C -3, C -4, etc., and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be made using a formal amendment). Option C (Insert the following language for use with Option C): In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to 1) add a phase that will include (describe which phase will be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based on changes from federal, state, and /or local match; and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C -1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C -2, C -3, C -4, etc.). (The following language must be included on ALL options): The total encumbrance as a result of this option and all previous options and /or amendments is now (insert total encumbrance amount), as referenced in Exhibit (C -1, C -2, etc., as appropriate). The total budgeted funds to satisfy services /goods ordered under the Agreement remains the same: (indicate total budgeted funds) as referenced in Exhibit (C -1, C -2, etc., as appropriate) of the original Agreement. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: John W. Hickenlooper, Governor By: Date: Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and /or services provided hereunder. State Controller David J. McDermott, CPA By: Date: Exhibit D -1 — Page 2 of 2