The URL can be used to link to this page

Home My WebLink About09070 ORDINANCE NO. 9070 AN ORDINANCE APPROVING AN AGREEMENT, STE- M086-053 (16810) BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, THE COLORADO DEPARTMENT OF ST TRANSPORTATION RELATING TO THE 1 STREET AND SANTA FE AVENUE STREETSCAPE PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the State of Colorado, Department of Transportation has offered funds through an original Agreement STE-M086-053 (16810) dated, October 10, 2008; and, WHEREAS, the original Agreement STE-M086-053 (16810) was amended on December 16, 2011; and, WHERE AS, upon execution of the new Agreement STE-M086-053 (16810) by both parties, the original Agreement is hereby terminated, and of no further force or effect; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, a Municipal Corporation, and the State of Colorado, for the use and benefit of the Department of Transportation STE- M086-053 (16810) (hereinafter referred to as the “Agreement”), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance and Contract to effectuate the policies and procedures described therein. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: November 14, 2016 BY: Ed Brown PASSED AND APPROVED: November 28, 2016 City Clerk’s Office Item # R-11 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 14, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT:AN ORDINANCE APPROVING AN AGREEMENT, STE-M086-053 (16810) BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, THE COLORADO ST DEPARTMENT OF TRANSPORTATION RELATING TO THE 1 STREET AND SANTA FE AVENUE STREETSCAPE PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: The City of Pueblo has requested additional funds be encumbered to complete the Right of Way and Design phases of the Project. Funds in the amount of $408,750 have already been budgeted and appropriated. During this request process CDOT has required the original Agreement, dated October 10, 2008 and the Amendment, dated December 16, 2011 both be updated and replaced with a new Agreement. Upon execution of the new Agreement, the original Agreement will be terminated. The new Agreement will allow for the utilization of a Unilateral Option Letter to conduct any future amendment requests. PREVIOUS COUNCIL ACTION: City Council approved the original Agreement with CDOT by Ordinance #7870 dated August 11, 2008. City Council approved Amendment No. 1 on December 16, 2011. BACKGROUND: The City of Pueblo received CDOT funds in October of 2008 to design and construct a nd streetscape project on Santa Fe Avenue from 2 Street to Hector Garcia Avenue. The Project will have new improvements to the intersection which include larger curb and gutter radius, new handicap ramps, crosswalks at the corners and new streetscape nd improvements between 2 Street and Hector Garcia Avenue. A possible acquisition of a portion of the southeast corner property and an easement from Pueblo County on the northeast corner will be required to provide sidewalk and ADA compliance at the corners. New traffic signals will be provided by the City as part of the project. Due to the complexity of the right of way issues including possible acquisitions and the construction of the Ilex/I-25 Bridge Project, the schedule for the project was delayed. The Colorado Department of Transportation requested the original Agreement be updated. In the process, existing budgeted and appropriated project funds are required for Right of Way in the amount of $21,510 and additional design services in the amount of $57,960 to complete the design phase of the Project. The new Agreement also requires the utilization of a Unilateral Option Letter in limited circumstances such as the addition of a phase without increasing total budgeted funds, increasing or decreasing the encumbrance amount, and/or transfer funds from one phase to another. No such change will change the City’s share of Participating or Non-Participating Costs without the written approval of the City. FINANCIAL IMPLICATIONS: Once the Project is constructed, the City will be responsible for the cost of maintaining the improvements. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: The original Agreement was approved by City Council in 2008. ALTERNATIVES: The Project will not go forward if it is not approved. RECOMMENDATION: Approve the Ordinance. Attachments: Agreement PO#/OLA#:471001520/471001030/271001602 Routing#:20-HA2-ZH-03066 IGA OPTION LETTER Date State Fiscal Year Option Letter No. 10/22/2019 2020 1 Project Code Original Contract# STE M086-053(16810) 17-HA2-ZH-00103 Vendor Name: CITY OF PUEBLO SUBJECT Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s). REQUIRED PROVISIONS In accordance with the terms of the original Agreement 17-HA2-ZH-00103 between the State of Colorado, Department of Transportation and the CITY OF PUEBLO,the State hereby exercises the option to add a phase that will include construction and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is now increased by $299,280.00. A new Exhibit C-2 is made part of the original Agreement and replaces Exhibit C-1. The total encumbrance as a result of this option and all previous options and/or amendments is now$357,285.06,as referenced in Exhibit C-2.The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: $408,750.00 as referenced in Exhibit C-2. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS State of Colora.o: Jaren Polis i ova or 4 A ,Wcor A _ Date: SO CC By: St i hen Harelson,P.E.,Chief Engineer For: Shoshana M.Lew,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 Contract 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 Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. State Controller Robert ii s . •1 BA,JD OF By: •00 - Date: ///57/49 Document Builder Generated Page 1 of 1 Rev. 12/09/2016 EXHIBIT C-2, FUNDING PROVISIONS EXHIBIT C-2—FUNDING PROVISIONS STE M086-053(16810) A.Cost of Work Estimate The Local Agency has estimated the total cost the Work to be$408,750.00,which is to be funded as follows: 1. BUDGETED FUNDS a. Federal Funds • $327,000.00 (80.00%of Participating Costs) b. Local Agency Matching Funds $81,750.00 (20.00%of Participating Costs) TOTAL BUDGETED FUNDS $408,750.00 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number(FAIN): TBD b. Federal Award Date: See Below c. Amount of Federal Funds Obligated: $285,828.05 d. Total Amount of Federal Award: $327,000.00 e. Name of Federal Awarding Agency: FHWA f. CFDA Number CFDA 20.205 g. Is the Award for R&D? No h. Indirect Cost Rate(if applicable) N/A 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $327,000.00 b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $327,000.00 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $408,750.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $408,750.00 WBS Element 16810.10.10 Performance Period Start*/End Date 06/08/2011 / 12/31/2017 ROW 3114 $8,215.20 WBS Element 16810.10.30 Performance Period Start*/End Date 06/08/2011/ 12/31/2017 Design 3020 $49,789.86 WBS Element 16810.20.10 Performance Period Start*/End Date 09/26/2019/06/30/2020 Const. 3301 $299,280.00 Exhibit C-2-Page 1 of 2 *The Local Agency should not begin work until all three of the following are in place: 1)Phase Performance Period Start Date;2)the execution of the document encumbering funds for the respective phase;and 3) Local Agency receipt of the official Notice to Proceed.Any work performed before these three milestones are achieved will not be reimbursable. B.Matching Funds The matching ratio for the federal participating funds for this Work is 80.00%federal-aid funds to 20.00%Local Agency funds, it being understood that such ratio applies only to the$408,750.00 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$408,750.00,and additional federal funds are made available for the Work,the Local Agency shall pay 20.00%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$408,750.00,then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein.The performance of the Work shall be at no cost to the State. C.Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be$327,000.00(For CDOT accounting purposes,the federal funds of$327,000.00 and the Local Agency matching funds of$81,750.00 will be encumbered for a total encumbrance of$408,750.00),unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. 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. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency's awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7.A.of this contract. D.Single Audit Act Amendment All state and local government and non-profit organizations receiving more than$750,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F(Audit Requirements)see also,49 C.F.R. 18.20 through 18.26.The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i.Expenditure less than$750,000 If the Local Agency expends less than$750,000 in Federal funds(all federal sources,not just Highway funds)in its fiscal year then this requirement does not apply. ii.Expenditure of$750,000 or more-Highway Funds Only If the Local Agency expends$750,000 or more, 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 of$750,000 or more-Multiple Funding Sources If the Local Agency expends$750,000 or more 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. Exhibit C-2-Page 2 of 2