HomeMy WebLinkAbout08774ORDINANCE NO. 8774
AN ORDINANCE ACCEPTING ADDITIONAL FUNDING FROM
THE COLORADO DEPARTMENT OF TRANSPORTATION
(CDOT) IN THE AMOUNT OF $8,832,248 ALSO ACCEPTING
$3,600,000 FROM PUEBLO URBAN RENEWAL AUTHORITY,
BUDGETING AND APPROPRIATING A TOTAL AMOUNT OF
$12,432,248 AMENDING THE INTERGOVERNMENTAL
AGREEMENT WITH CDOT, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, The Design Phase for the project is nearly complete and all approvals from
CDOT and the Federal Highway Administration (FHWA) have been received, and;
WHEREAS, additional funding was made available from the original Federal Earmark
and added funds from FHWA / CDOT in the amount of $8,832,248, and;
WHEREAS, City Council previously approved a Cooperation Agreement with the Pueblo
Urban Renewal Authority that authorized the City to participate in a loan that will be used to
finance ($3,600,000) a portion of the construction of the Dillon Interchange project, and;
WHEREAS, the Funding Plan was approved and later amended by City Council in
previous actions (Resolution Nos. 12017 and 12779), and;
WHEREAS, the Construction Phase of this Project will construct the south half of a split
diamond interchange at the intersect of Dillon Drive and Interstate 25, and;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Additional funds from FHWA and CDOT in the amount of $8,832,248 are hereby
accepted.
SECTION 2.
Additional funds from the PURA loan in the amount of $3,600,000 are hereby accepted.
SECTION 3.
Those additional funds accepted under Sections 1 & 2 above totaling $12,432,248 are
hereby budgeted and appropriated, and said funds shall be deposited into Project No. DT0802
for the Dillon Interchange project – Construction Phase.
SECTION 4.
Any funds remaining in Project No. DT0802 at the conclusion of the Design Phase shall
be made available for the Construction Phase of the Dillon Interchange project.
SECTION 5.
The Intergovernmental Agreement (IGA) between CDOT and the City is hereby
amended in accordance with the terms and conditions stated in the attached Contract
Amendment No. Two (Exhibit A).
SECTION 6.
The President of the City Council is hereby authorized to execute the Amendment No.
Two to the Intergovernmental Agreement 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.
SECTION 7.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the contract to effectuate the transactions
described therein.
SECTION 8.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED: September 8, 2014
BY: Ami Nawrocki
COUNCILPERSON
PASSED AND APPROVED: September 22, 2014
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 8 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Earl Wilkinson, Director of Public Works
SUBJECT:AN ORDINANCE ACCEPTING ADDITIONAL FUNDING FROM THE
COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) IN THE
AMOUNT OF $8,832,248 ALSO ACCEPTING $3,600,000 FROM PUEBLO
URBAN RENEWAL AUTHORITY, BUDGETING AND APPROPRIATING A
TOTAL AMOUNT OF $12,432,248 AMENDING THE INTERGOVERNMENTAL
AGREEMENT WITH CDOT, AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
SUMMARY
This Ordinance accepts additional funds, budgets and appropriates those funds and approves
the Amendment to the IGA for the construction of the Dillon Drive / Interstate 25 Interchange.
PREVIOUS COUNCIL ACTION:
2006 Ordinance No. 7533 to create a North Pueblo Urban Renewal Area
2007 Ordinance No. 7646 establishing project CP0712 – FY2007 Dillon Drive/I-25 Overpass
1601 Study
2008 Ordinance No.7785 Accepting FHWA Grant/Approving IGA w/ CDOT/Creating Design
Phase Project (DT0802)
2008 Resolution No. 11288 to Award Engineering Design Services Contract to SEH
2009 Ordinance No. 8025 Accepting the Remainder of the FHWA Grant, Amending the IGA w/
CDOT and approving a CMO w/ SEH
2010 Resolution No. 12017 to Approve a Funding Plan
2011 Resolution No. 12224 to Approve a Final Design Services Contract with SEH
2012 Resolution No. 12292 to Amend the SEH Contract
2013 Resolution No. 12589 to Amend the SEH Contract
2013 Resolution No. 12779 to Amend the Funding Plan
2013 Ordinance No. 8660 to Approve a Cooperation Agreement w/ PURA
BACKGROUND
This project began in 2004 when the City was advised by the Federal Highway Administration
(FHWA) that they were the recipients of a $5.45 Million Federal Earmark. In 2008, a Contract
was executed with CDOT authorizing the design phase. The engineering consultant team, led
by Short, Elliot, Hendrickson, Inc. then began the lengthy engineering design, National
Environmental Policy Act (NEPA) and CDOT/FHWA approval process.
The Design Phase for the project is nearly completed and all approvals from CDOT and FHWA
have been received. Following approval of this Ordinance, the IGA will be signed and clearance
to advertise will be issued from CDOT.
It is currently estimated that the remaining funds in DT0802 (“Dillon Flyover Design Phase”) at
the conclusion of the design phase will be approximately $2.1 Million. Any remaining funds in
Project DT0802 will be used for the Dillon Interchange Construction Phase.
FINANCIAL IMPACT
In addition to the funds remaining from the original Federal Earmark (and matching funds), the
Contract Amendment to the IGA provides for an additional amount of federal funds in the
amount of $8,012,977 and additional state funds (CDOT) of $819,271. Additional local
matching funds required are $82,852 for a total amount of $8,915,100.
The local matching funds will come from the Pueblo Urban Renewal Authority loan. In
December 2013 PURA borrowed $4,000,000 from Sunflower Bank based on a $3,600,000.
estimated project shortfall. $400,000 was used for funding a loan reserve account and loan
issuance costs. This Ordinance budgets and appropriates those funds for the project.
The Funding Plan was submitted for approval by Council under Resolution No. 12017 in 2010,
and amended by Resolution No. 12779 in 2013. This Ordinance also revises that Funding Plan
for the Construction Phase as follows:
FHWA Earmark $ 5,450,915. (80/20 Federal/City)
Added Funds $ 8,832,248. (Federal/State)
PURA Loan $ 3,600,000. (see “FINANCIAL IMPACT” above) _____
TOTAL $17,883,163. (Total Project Cost – including Design, etc.)
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
The City of Pueblo has held three public meetings regarding the project.
ALTERNATIVES:
Denying this Ordinance would result in the City of Pueblo being unable to proceed with the
project and would require the City to reimburse FHWA/CDOT for funds spent to date.
Attachments: Exhibit A - Amendment No Two (CDOT Contract)