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ORDINANCE NO. 9977
AN ORDINANCE APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT, TAP M086-082
(22971) BETWEEN PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND THE STATE OF COLORADO, THE
COLORADO DEPARTMENT OF TRANSPORTATION AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment to the Intergovernmental Agreement, TAP M086-082 (22971)
between Pueblo, a Colorado municipal corporation, and State of Colorado for the use and
benefit of Department of Transportation, a copy of which is attached hereto
(“Amendment”), having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The Mayor is authorized to execute and deliver the Amendment 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 authorized to perform any and all acts
consistent with the intent of the Ordinance and Amendment to implement the policies and
procedures described therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 26, 2021 .
Final adoption of Ordinance by City Council on August 9, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on August 12, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
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
City Clerk
City Clerk’s Office Item # R-2
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: July 26, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Director of Public Works
SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT, TAP M086-082 (22971)
BETWEEN PUEBLO, A COLORADO MUNICIPAL CORPORATION AND
THE STATE OF COLORADO, THE COLORADO DEPARTMENT OF
TRANSPORTATION AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
SUMMARY:
This Ordinance approves an Amendment to the Intergovernmental Agreement (“IGA”),
TAP M086-082 between Pueblo, a Colorado Municipal Corporation (“City”) and the State
of Colorado, Colorado Department of Transportation (“CDOT”) relating to the Northern
Avenue Streetscape / Trail Phase III Project.
PREVIOUS COUNCIL ACTION:
Ordinance 9600 dated November 25, 2019 transferred funds in the amount of $125,000
from the 2019 Highway User Tax Fund (“HUTF”) balance to Project HU1601 and
budgeted and appropriated $125,000 for the Traffic Signal Northern and Prairie Project.
Ordinance 9666, dated February 24, 2020 established project PL2003, approved an IGA
between City of Pueblo and CDOT, transferred $125,000 from project HU1601 to project
PL2003, and budgeted and appropriated funds in the amount of $625,000 for the Northern
Avenue Streetscape / Trail Phase III Project.
Resolution 14465 dated August 24, 2020 approved an agreement for professional
engineering services between the City of Pueblo and Short Elliott Hendrickson, Inc in the
amount of $63,037.19 related to the Northern Avenue Streetscape / Trail Phase III
Project.
BACKGROUND:
The Northern Avenue Streetscape / Trail, Phase III Project will continue the trail/shared
use path along the north side of Northern Avenue between Cambridge Avenue and Prairie
Avenue and upgrade the signal at Northern and Prairie Avenue. Over the last eight years
the City has redeveloped the trail system and constructed the landscaped center medians
along Northern Avenue between Pueblo Boulevard (State Highway 45) east to Cambridge
Avenue.
The purpose of the Amendment to the Intergovernmental Agreement (IGA) is to revise
the Scope of Work to include the acquisition of temporary easements and permanent
easements/property acquisition and to extend the FHWA design phase performance
period end date to December 31, 2021. During the initial design of the traffic signal
replacement at the southwest corner of S. Prairie Avenue and W. Northern Avenue, it
was determined that a permanent easement and/or property acquisition is necessary for
the appropriate placement of the traffic signal pole. Due to this change, and some other
project modifications, it was necessary to extend the design deadline from May 15, 2021
to December 31, 2021.
FINANCIAL IMPLICATIONS:
This amendment does not propose any changes in funding. A separate City Council
action to amend the budget for design services through a contract amendment is being
proposed.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Currently, there are no alternatives for completing the improvements without the funding
from the State of Colorado CDOT TAP grant.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
City-State of Colorado IGA Amendment for the Northern Avenue Streetscape / Trail,
Phase III Project
OLA #:331002082
Routing #:20-HA2-XC-03013-M0005
Additional PO Reference:400001370
STATE OF COLORADO AMENDMENT
Amendment #: 1Project #: TAP M086-082 (22971)
SIGNATURE AND COVER PAGE
State AgencyAmendment Routing Number
Department of Transportation20-HA2-XC-03013-M0005
Local AgencyOriginal Agreement Routing Number
CITY OF PUEBLO20-HA2-XC-03013
$625,000.00
Agreement Maximum AmountAgreement Performance Beginning Date
The later of the effective date or March 13,
2020
Initial Agreement expiration date
March 12, 2030
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendmentrepresents and warrants that he or she is duly authorized to execute this
Amendmentand to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Stephen Harelson, P.E.,Chief Engineer
Date: _________________________
LOCAL AGENCYATTESTED BY:
CITY OF PUEBLO
______________________________________________________________________________________
SignatureSignature
______________________________________________________________________________________
By: Marisa Stoller, City Clerk
By: Nicholas A. Gradisar, Mayor
Date: _________________________Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendmentis not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Effective Date:_____________________
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OLA #: 331002082
Routing #:20-HA2-XC-03013-M0005
Additional PO Reference:400001370
PARTIES
ThisAmendment(the“Amendment”) to the OriginalAgreementshown onthe Signatureand Cover Page forthis
Amendment(the “Agreement”) is entered into by andbetween theLocal Agencyand the State.
TERMINOLOGY
Except as specificallymodified by thisAmendment, all terms used in thisAmendment that are defined in the
Agreementshall be construedand interpreted in accordance with theAgreement.
EFFECTIVE DATE AND ENFORCEABILITY
Amendment Effective Date
This Amendment shallnot bevalid or enforceableuntil the AmendmentEffective Dateshown on theSignature
and Cover Page for thisAmendment. The State shallnot be bound by any provision of this Amendment before
thatAmendment Effective Date, and shallhave no obligation to paythe Local Agencyfor anyWork performed
or expense incurred under this Amendment eitherbefore orafter theAmendment termshown in§3.Bof this
Amendment
AmendmentTerm
The Parties’ respective performances under thisAmendment andthe changes to theAgreement contained herein
shall commence on theAmendment Effective Date shown on theSignature and Cover Page for thisAmendment
andshall terminate on the termination of theAgreement.
PURPOSE
The Parties enteredinto theAgreementfor the design and construction of a trail, trafficsignalimprovementsand
landscapingin the City ofPueblo, CO. TheParties nowdesire to revise the Statementof Work and toextendthe
FHWA design phase performance period end date.
MODIFICATIONS
The Agreement andall prioramendmentsthereto, if any, aremodified asfollows:
shall be replaced by. Any reference in theAgreement, as previouslymodified, to
shall be a referenceto; and
shall be replaced by.Any reference in theAgreement, as previouslymodified,
to or shall be a reference to.
LIMITS OF EFFECT
ThisAmendment is incorporated by reference into theAgreement, andtheAgreementand all prior amendments
or other modifications to theAgreement, if any, remain in fullforce and effect except as specificallymodifiedin
thisAmendment. Except forthe Special Provisions containedin theAgreement, in the event ofany conflict,
inconsistency,variance, or contradiction between the provisions of thisAmendment and any of the provisionsof
theAgreementor any prior modification to theAgreement, the provisions of thisAmendmentshall inall
respectssupersede, govern, and control.The provisions of thisAmendment shall only supersede, govern, and
control over the Special Provisionscontained in theAgreementtothe extent that thisAmendment specifically
modifies thoseSpecial Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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EXHIBIT A
STATEMENT OF WORK
Northern Avenue Streetscape PH III
TAP M086-082
22971
General Description
The ocal gency shall be responsible for design and construction of a trail, traffic
signal improvements and landscaping in the City of Pueblo, Project M086-082,
(22971). The design of the project will include acquisition of temporary easements
and permanent easements/property acquisition. The project will construct adetached
10’ wide concrete trail between Cambridge Avenue and Prairie Avenue.Additional
sidewalk and curb ramp improvements will be made on Prairie Avenuefrom Northern
Avenue to the Colorado State Fair Grounds entrance. The project willprovide a
pedestrian and bicycle counter and bicycle wayfinding signage.
STIP# (SR25079.078)
Definitions
Personnel
3.1. Responsible Administrator.
The Local Agency's performance hereunder shall be under the direct
supervision of the project manager identified in §1 of the Agreement.
3.2. Replacement
The Local Agency shall immediately notify the State if any key personnel cease
to serve and seek its approval. Such notice shall specify why the change is
necessary, who the proposed replacement is, what their qualifications are, and
when the change would take effect. Anytime key personnel cease to serve, the
State, in its sole discretion, may direct the Local Agency to suspend
performance on the Work until such time as their replacements are approved. All
notices sent under this subsection shall be sent in accordance with §1 of the
Agreement.
4.Administrative Requirements
At all times from the effective date of this Agreement until completion of the Work,
the Local Agency shall maintain properly segregated books of State Agreement
funds, matching funds, and other funds associated with the Work. All receipts and
expenditures associated with said Work shall be documented in a detailed and
specific manner, and shall accord with the Work Budget set forth herein.
Exhibit A - Page 1 of 2
5.Monitoring
shall monitor this Work on an as-needed basis. may choose toaudit
the business activities performed under this Agreement. The Local Agencyshall
maintain a complete file of all records, documents, communications, notes andother
written materials or electronic media, files or communications, which pertain inany
m
anner to the operation of activities undertaken pursuant to an executedAgreement.
Such books and records shall contain documentation of the participant’spertinent
activity under this Agreement in a form consistent with good accountingpractice.
Exhibit A - Page 2 of 2
EXHIBIT C-2
FUNDING PROVISIONS
EXHIBIT C-2 – FUNDING PROVISIONS TAP M086-082(22971)
A.Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $625,000.00, which is to be funded as follows:
1.BUDGETED FUNDS
a.Federal Funds$500,000.00
(80.00% of Participating Costs)
b.Local Agency Matching Funds$125,000.00
(20.00% of Participating Costs)
$625,000.00
TOTAL BUDGETED FUNDS
2.OMB UNIFORM GUIDANCE
a.Federal Award Identification Number (FAIN):TBD
b.Federal Award Date (also Phase Performance Start Date):See Below
c.Amount of Federal Funds Obligated:$50,430.00
d.Total Amount of Federal Award:$500,000.00
e.Name of Federal Awarding Agency:FHWA
f.CFDA # Highway Planning and ConstructionCFDA 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$500,000.00
b.Less Estimated Federal Share of CDOT-Incurred Costs$0.00
$500,000.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY
4.FOR CDOT ENCUMBRANCE PURPOSES
a.Total Encumbrance Amount$625,000.00
b.Less ROW Acquisition 3111 and/or ROW Relocation 3109$0.00
Net to be encumbered as follows: $625,000.00
Note: funds are currently available. funds will become available after
execution of an Option letter (Exhibit B) or formal Amendment.
WBS Element 22971.10.30 Performance Period Start*/End Date Design 3020 $63,038.00
11/16/2020 / 12/31/2021
WBS Element 22971.20.10 Performance Period Start*/End Date Const.3301 $0.00
TBD / TBD
*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.
Exhibit C - Page 1 of 2
Exhibit D - Page 1 of 3
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 $625,000.00 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 $625,000.00, 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 $625,000.00, 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 $500,000.00 (for CDOT
accounting purposes, the federal funds of $500,000.00 and the Local Agency matching funds of
$125,000.00 will be encumbered for a total encumbrance of $625,000.00), 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. E. of this contract.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more 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