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HomeMy WebLinkAbout10054ORDINANCE NO. 10054 AN ORDINANCE ACCEPTING, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SUPPLEMENTAL GRANT AWARD, EIAF #8974 BETWEEN THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION; ACCEPTING, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT OF MARCH 12, 2020 BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CONSERVANCY DISTRICT WITH RESPECT TO THE ARKANSAS RIVER LEVEE TRAIL PROJECT INCLUDING RELATED SALES AND USE TAX WAIVER; AUTHORIZING THE TRANSFER OF $318,000 FROM PROJECT LT1504 AND $120,000 FROM PROJECT LT2002; AND BUDGETING AND APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $638,000 INTO PL1703 - TRAIL CONSTRUCTION ARKANSAS RIVER LEVEE PROJECT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Supplemental Grant Award (“Supplemental Award”) between the City of Pueblo, a Colorado Municipal Corporation, and the State of Colorado for the use and benefit of the State of Colorado Department of Local Affairs Project Energy/Mineral Impact Assistance Fund #8974 Option Letter #2, a copy of which is attached, is hereby accepted and approved. SECTION 2. The Amendment to the Intergovernmental Agreement of March 12, 2020, between the City of Pueblo, a Colorado Municipal Corporation, and Pueblo Conservancy District, (hereinafter referred to as the “Amendment”), a copy of which is attached, having been approved by the City Attorney, is hereby approved. SECTION 3 Sales and use tax which may accrue and be owed by the Pueblo Conservancy District (“District”) including District’s contractor and subcontractor with respect to the purchase of the Pedestrian Bridge Main Street and all construction material, as defined in Section 14-4-21(6), P.M.C., used or consumed in the performance of the RFP and Bid, as such terms are defined in the Amendment, shall be waived. Waiver is authorized based upon the unique circumstances of the Project including but not limited to the fact that without such waiver there may be insufficient funds under the available grants to pay for such taxes. SECTION 4. The Mayor is authorized to execute and deliver the Supplemental Award and 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 5. Funds in the amount of $318,000 are hereby transferred from Project LT1504 into PL1703, and budgeted and appropriated for said Project. SECTION 6. Funds in the amount of $120,000 are hereby transferred from Project LT2002 into PL1703, and budgeted and appropriated for said Project. SECTION 7. Subject to encumbrances by the Colorado Department of Local Affairs, funds from EIAF #8974 in the amount of $200,000 are hereby budgeted to Project PL1703, Trail Construction Arkansas River Levee Project. SECTION 8. The Mayor is authorized to perform any and all acts consistent with the intent of this Ordinance, the Supplemental Award, Amendment and related grants and agreements with the District to implement the policies and procedures described therein including without limitation authorization of payments pursuant to and subject to the requirements of the Amendment. SECTION 9. This Ordinance shall become effective immediately upon final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 8, 2021. Final adoption of Ordinance by City Council on November 22, 2021 . President of City Council Action by the Mayor: ☒ Approved on November 24, 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 # S-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 8, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE ACCEPTING, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SUPPLEMENTAL GRANT AWARD, EIAF #8974 BETWEEN THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION; ACCEPTING, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT OF MARCH 12, 2020 BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CONSERVANCY DISTRICT WITH RESPECT TO THE ARKANSAS RIVER LEVEE TRAIL PROJECT INCLUDING RELATED SALES AND USE TAX WAIVER; AUTHORIZING THE TRANSFER OF $318,000 FROM PROJECT LT1504 AND $120,000 FROM PROJECT LT2002; AND BUDGETING AND APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $638,000 INTO PL1703 - TRAIL CONSTRUCTION ARKANSAS RIVER LEVEE PROJECT SUMMARY: The City of Pueblo was awarded a supplemental Energy/Mineral Impact Assistance Fund (“EIAF”) Supplemental Grant from the State of Colorado, Department of Local Affairs (“DOLA”) in the amount of $200,000 relating to the Arkansas River Levee Project. The City will provide the local match for the Project in the amount of $438,000. This Ordinance also approves an Amendment to the Intergovernmental Agreement (“IGA”) of March 12, 2020, between the City and the Pueblo Conservancy District (“District”) related to the construction of the Arkansas River Levee Trail Project and related sales and use tax waiver. PREVIOUS COUNCIL ACTION: In furtherance of the Arkansas River Levee Trail Project, Ordinance No. 9130 dated May 22, 2017, approved a grant contract between the City of Pueblo and DOLA, accepted matching grant funds from the District, established Project number PL1703, and budgeted and appropriated funds contingent upon execution of the funding contract with the Colorado Department of Transportation (“CDOT”) for the Transportation Alternatives Program. Ordinance No. 9168 dated September 11, 2017, approved a Transportation Alternatives Program Intergovernmental Agreement STE M086-077 (21985) between the City of Pueblo and CDOT and budgeted and appropriated $700,000 in CDOT grant funds, authorized the transfer of $125,000 from the City Conservation Trust Fund into PL1703, and budgeted and appropriated $825,000 into PL1703, for the Arkansas River Levee Trail Construction. Ordinance No. 9612 dated December 9, 2019, transferred $347,000 from the City Conservation Trust Fund to PL1703, and approved $1,238,500 from Great Outdoors Colorado (“GOCO”) Connections Grant and budgeted and appropriated $1,585,500 into PL1703, and approved an IGA between the City of Pueblo and the District with respect to the Arkansas River Levee Trail Construction Project. Ordinance No. 9674 dated March 17, 2020, approved EIAF #8974 DOLA grant of $1,000,000 and budgeted and appropriated the grant funds into PL1703. Additionally, the Ordinance approved an IGA between the City of Pueblo and the District with respect to construction of the Arkansas River Levee Trail Project. Ordinance No. 9932 dated May 19, 2021, approved an amendment to the IGA of December 9, 2019, between the City of Pueblo and the District with respect to the Arkansas River Levee Trail Project. The Ordinance also accepted and budgeted and appropriated an additional contribution from the District in the amount of $350,000 into PL1703. BACKGROUND: The purpose of this Ordinance is to accept supplemental funds in the amount of $200,000 from the EIAF; amend the 2020 IGA between the City and District, transfer City matching funds, and budget and appropriate funds to complete construction of the Arkansas River Levee Trail Project. Final Project construction items include construction of the Main Street Pedestrian Bridge, concrete trail connection between drop structure eight and the new pedestrian bridge, and a concrete trail connection to the Levee Trail at Clark Street. The Arkansas River Levee Trail Project began in 2017 with Ordinance No. 9130 establishing the Project and approving a contract between the City of Pueblo and the District and accepting matching funds and a grant from DOLA for the master planning and future trail construction. Additional CDOT, Transportation Alternatives funds were obtained for master planning and construction. The Department of Planning and Community Development, in partnership with the District, have obtained previous funding awards from GOCO Trust Fund Connect Initiative and from DOLA/EIAF for the construction of the Arkansas River Levee Trail. FINANCIAL IMPLICATIONS: The total Project budget, PL1703 will be funded through the following sources: City CTF for Master Plan & Design $ 10,000.00 DOLA EIAF/Mineral Impact Funds for Master Plan & Design $ 25,000.00 PCD Funds for Master Plan & Design $ 15,000.00 GOCO Connect Initiative Funds $ 1,238,500.00 PCD in-kind match $ 1,529,600.00 PCD Shade Shelter Funds $ 350,000.00 City of Pueblo Conservation Trust Fund Balance $ 347,000.00 Colorado Department of Transportation TAP and City match (budgeted pursuant to Ordinance No. 9168) $ 825,000.00 Department of Local Affairs Energy/Mineral Impact Assistance $ 1,000,000.00 Transfer from Project LT 1504 $ 318,000.00 Transfer from Project LT 2002 $ 120,000.00 Department of Local Affairs Energy/Mineral Impact Assistance Supplemental Award $ 200,000.00 $ 5,978,100.00 BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: The Pueblo Conservancy District, local recreation groups, and citizens participated in the master planning process and have been active participants in the grant procurement process. ALTERNATIVES: The City will not be able to complete construction of the Arkansas River Levee Trail Project if this Ordinance is not approved. RECOMMENDATIONS: Approval of the Ordinance. Attachments: Proposed Ordinance Amendment to the Intergovernmental Agreement of March 12, 2020 Option Letter #2, EIAF 8974-Pueblo Arkansas River Trail System Construction AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT OF MARCH 12, 2020 This Amendment is entered into as of this 22nd day of November, 2021 ("Effective Date"), by and between the Pueblo Conservancy District, a district established under the Conservancy Law of Colorado, hereinafter referred to as the "District," and the City of Pueblo, a Colorado Municipal Corporation, hereinafter referred to as the "City." Together these entities may be referred to herein as the "Parties" or each individually as a "Party". Whereas, an Intergovernmental Agreement was entered into on March 12, 2020 (the "Agreement") between the District and the City, relating to the construction and funding of certain improvements with respect to the Arkansas River Levee Trail Project; and, Whereas, the Parties desire to amend the Agreement to reflect that the District shall be contracting for the purchase of the Pedestrian Bridge Main Street and related changes based thereon requested by and agreeable to the Parties. Now therefore the Parties agree as follows: 1. The definition of "Joint Improvements" in Section 1.1 of the Agreement shall be deleted in its entirety and replaced with the following: "Project Improvements" shall mean the Pedestrian Bridge Main Street (including purchase, erection and site construction), Levee Trail connection at Clark Street, and 1,200 linear feet of 6-inch fiber reinforced concrete trail beginning at approximately drop structure eight and continuing south to the Main Street pedestrian bridge. 2. Section 2.1 of the Agreement shall be deleted in its entirety and replaced with the following: 2.1 The District shall timely construct the Project Improvements and Additional Improvements in accordance with plans and specifications approved by City and provided to the District in a timely manner to avoid construction delays. Subject to the requirements set forth herein and the below Section 2.5, the City shall reimburse the District for the costs and expenses incurred by District and necessary for construction and completion of the Project Improvements and Additional Improvements; provided, however, in no event shall City be obligated to pay more than $1,682,433.00 for construction and completion of the Project Improvements. With respect to the purchase of Pedestrian Bridge Main Street, the City will make the following payments to the District ("Bridge Payment"): (a) $208,593.00 on the date the District places the order for bridge manufacturing, (b) $347,656.00 on the date the construction drawings are approved, (c) $139,062.00 on the date of shipping, d) $142,842.50 on the date the bridge arrives in Pueblo and e) $175,217.50 on the date site work commences. The remaining balance of payment for the bridge pursuant to the July 20, 2021 bid from Bridge Brothers, shall be paid ten days from the date of receipt by City of an invoice for same from Bridge Brothers. For all other Bridge Payment dates, the District shall provide at least ten days notice to Beritt Odom, Principal Planner City Planning and Community Development Department ("City Administrator") prior to any of said dates occurring and any reasonably requested documentation, that the acts for which the payment is to be made has or will occur. The City shall be responsible for all costs associated with failure to pay the invoices received from Bridge Brothers within ten days of receipt of the invoices. An invoice from Bridge Brothers shall be all the documentation required by the City for payment of the bridge; provided, however, the District shall provide any and all documentation reasonably requested by City in a timely manner which is necessary to process repayment for any Bridge Payment under the applicable grant in a timely manner and no later than August 27, 2022. The District shall be responsible to City for all expenses including unreimbursed grant funds associated with any such failure to provide such information timely. All other requests for reimbursement shall be submitted to and approved by the City's Administrator and shall outline the items invoiced, work performed and the cost of same ("Approved Request"). Thereafter, City shall pay the District for the amount of the Approved Request within thirty (30)days of the date of receipt; provided, however, no payment will be made for any Approved Request or Bridge Payment if invoices and other documentation which is necessary to process repayment under the Grant Agreement is not received on or before August 27, 2022. If necessary, City shall use good faith efforts to request an extension of the grant expiration term under any applicable grant. The City shall not unreasonably withhold approval of a request for reimbursement. The District represents that it does not have the cash reserves to fund the Project Improvements and any Additional Improvements without being paid for same within 30 days of being billed for same. Any payment not made by the City within said 30 days shall bear interest at the lawful rate of interest. 3. Section 2.5 of the Agreement shall be deleted in its entirety and replaced with the following: District shall engage a contractor to perform the Project Improvements and Additional Improvements in compliance with the requirements of §37-3-110, C.R.S.; provided, however, District shall engage Bridge Brothers, Inc., to purchase the Pedestrian Bridge Main Street and perform all services set forth in said company's July 20, 2021 Bid re RFP 21-035 Design, Fabrication and Delivery of 233' Clear-Span Pedestrian Bridge for Arkansas River Levee Project including all revisions and clarifications, copies of which have been provided to District ("RFP and Bid"). The plans and specifications set forth in the RFP and Bid are approved by City and District. Only those amounts paid to a contractor pursuant to such contracts shall be reimbursed under the provisions of the above Section 2.1. 4. The Agreement shall be amended by the addition of a new section 2.6 to read as follows: 2.6 Sales and use tax which may accrue and be owed by the District, Bridge Brothers, Inc., or any subcontractor of Bridge Brothers, Inc., or the District with respect to the purchase of the Pedestrian Bridge Main Street and all construction material, as defined in Section 14-4-21(6), P.M.C., used or consumed in the performance of the RFP and Bid shall be waived. If required by the City, the District, Bridge Brothers, Inc., or any subcontractor of Bridge Brothers, Inc., shall be provided by City's Sales Tax Division in a timely manner so as not to delay any payment by the City to the District an exemption certificate consistent with the foregoing scope and limitations. It is expressly stipulated and acknowledged that this waiver only extends to the enumerated items and does not extend to any other property including but not limited to construction equipment. 5. This Amendment is subject to and conditioned upon passage of an Ordinance by City Council of City approving this Amendment on or before November 22, 2021 and by approval of the District on or before November 22, 2021. 6. Except as modified herein, all remaining terms and conditions of the original Agreement remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] The Parties to this Amendment intend to be legally bound as of the Effective Date. PUEBL• CONSERVANCY ' TRICT ATTEST: By: �L, 1 - 1 16.' (/ By: Cor nne Koehler, President Ro Serna, Secretary PUEBLO, A COLORADO MUNICIPAL CORPORATION ATTEST: • By: 7! By: Th Nicholas A. Gradi ar, Mayor Marisa V,ler, City Clerk DocuSign Envelope ID:E387A66C-8E72-462F-8E35-173DA6BC20A9 EIAF 8974--Pueblo Arkansas River Trail System Construction EIAF CTGG 1 NLAA 2020*2612 OPTION LETTER#2 SIGNATURE AND COVER PAGE State Agency DLG Number Option Letter CMS Department of Local Affairs F20S8974 Number 170760 Grantee Previous CMS#(s) City of Pueblo 148750, 169556 Project Number and Name Grant Amount EIAF 8974—Pueblo Arkansas River Trail System Initial Award: $1,000,000.00 Construction Option Letter#1 05/27/2021: $0.00 Option Letter#2 07/28/2021: $200,000.00 Total Grant Amount: $1,200,000.00 DOLA Regional Manager Prior Grant Agreement Current Grant Agreement Tara Marshall,(719)544-6577,(tara.marshall(a),state.co.us) Expiration Date Expiration Date DOLA Regional Assistant June 30,2022 June 30,2022 Randi Snead 719 924-2087 randi.snead ' state.co.us THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this Option Letter and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis GOVERNOR Colorado Department of Local Affairs e—DocuSigned by: n /� By: L� 111- tar ia. – 00-1,1 '-8139CF536BC34AC... Rick M.Garcia,Executive Director Date: 7/29/2021 1 12:56 PM MDT ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State contracts.This Option Letter is not valid until signed and dated below by the State Controller or delegate. STATE CONTROLLER Robert Jaros,CPA,MBA,JD ,—DocuSigned by: By: 15t uLdtt(, kt.SStdc — (¢L `—090ACD88A721474.. Beulah Messick, DOLA Controller Delegate Effective Date: 8/3/2021 J 8:48 PM MDT Page 1 of 2 DocuSign Envelope ID:E387A66C-8E72-462F-8E35-173DA6BC20A9 EIAF 8974—Pueblo Arkansas River Trail System Construction 1) OPTIONS: Choose all applicable options listed in §1 and in §2 ❑ a. Option to extend(use this option for Extension of dime) ® b. Change in the Grant Award Amount within the current term(use this option for an Increase or Decrease in Grant Funds, including Supplemental funding awards) ❑ c. Budget Line Adjustment(s)—reallocation of awarded Grant Funds to Budget Line(s) (use this Option to redistribute existing Grant Funds between budget lines) 2) REQUIRED PROVISIONS.All Option Letters shall contain the appropriate provisions set forth below: a. Reserved for use with Option 1(a). b. For use with Option 1(b): In accordance with Section 7(A)(i)of the original Grant Award Letter between the State of Colorado, acting by and through the Colorado Department of Local Affairs,and the City of Pueblo,the State hereby exercises its option to increase Grant Funds awarded for this Project in an amount equal to$200,000, from$1,000,000 to$1,200,000. The Grant Award Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter is hereby changed to$1,200,000.The Budget table in Section 6.2 and the Payment Schedule in Section 7.1,both of Exhibit B,are deleted and replaced with the following: Budget Line(s) Total Project Grant Other Other Cost Funds Funds Funds Line Cost Category Source 1 Construction/Improvement of $2,640,000 $1,200,000 $1,440,000 Grantee Public Roadways Total $2,640,000 $1,200,000 $1,440,000 Payment Amount Interim Payment(s) $1,150,000 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $50,000 Paid upon Substantial Completion of the Project(as determined by the State in its sole discretion),provided that the Grantee has submitted,and DOLA has accepted,all required reports. Total $1,200,000 c. Reserved for use with Option 1(c). 3) Effective Date.The effective date of this Option Letter is upon approval of the State Controller or July 28,2021, whichever is later. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 2