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HomeMy WebLinkAbout09977 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:_____________________ Document Builder GeneratedPage 1of 2 Rev. 12/09/2016 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 Document Builder GeneratedPage 2 of 2 Rev. 12/09/2016 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