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HomeMy WebLinkAbout10121ORDINANCE NO. 10121 AN ORDINANCE APPROVING AMENDMENT #2 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 #2 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 February 14, 2022 . Final adoption of Ordinance by City Council on February 28, 2022 . President of City Council Action by the Mayor: ☒ Approved on March 2, 2022 . □ 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-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 14, 2022 TO: President Heather Graham 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 AMENDMENT #2 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 Amendment #2 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, which 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. Ordinance 9977 dated August 9, 2021, approved 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. 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) and Cambridge Avenue. The purpose of Amendment #2 to the Intergovernmental Agreement (IGA) is to allocate $34,000 for Right-of-Way acquisition. During the initial design of the traffic signal replacement at the southwest corner of South Prairie Avenue and West Northern Avenue, it was determined that a permanent easement and/or property acquisition is necessary for the appropriate placement of the traffic signal pole. FINANCIAL IMPLICATIONS: This amendment does not propose any changes in funding. 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 #2 for the Northern Avenue Streetscape / Trail, Phase III Project DocuSign Envelope ID:C4B643CD-19F3-4935-94BC-048A5E4EBDB5 OLA#• 331002082 Routing#:20-11A2-XC-03013-M0006 Additional PO Reference:400001370 STATE OF COLORADO AMENDMENT Amendment#: 2 Project#:TAP M086-082(22971) SIGNATURE AND COVER PAGE State Agency Amendment Routing Number Department of Transportation 20-HA2-XC-03013-M0006 Local Agency Original Agreement Routing Number CITY OF PUEBLO 20-HA2-XC-03013 Agreement Maximum Amount $625,000.00 Agreement 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 Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis,Governor Department of Transportation Shoshana M. Lew, Executive Director -Docusoya by Sfwt-itanLsew ,e.c„eeae...e Stephen Harelson, P.E., Chief Engineer 3/21/2022 Date: LOCAL AGENCY LOCAL AGENCY CITY OF PUEBLO (2"d Signature if Necessary) —DDoccuuSigned by: DocuSlgned by: I te/ CA- -99E4EEF64726462_. J '^v'—`!� 7CO2EBDFF-G3B43G... Signature Signature By:Nick Gradisar, Mayor Attested by: Marisa Stoller,City Clerk 3/18/2022 3/18/2022 Date: Date: In accordance with§24-30-202 C.R.S.,this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros,CPA,MBA,JD -oo signed by. By: ori Cop.ake i B°ABO,CS✓��artment of Transportation 3/22/2022 Effective Date: Document Builder Generated Page I of 2 Rev. 12/09/2016 OLA#. 331002082 Routing# 20-11A2-XC-03013-M0006 Additional PO Reference:400001370 1) PARTIES This Amendment(the"Amendment")to the Original Agreement shown on the Signature and Cover Page for this Amendment(the"Agreement")is entered into by and between the Local Agency and the State. 2) TERMINOLOGY Except as specifically modified by this Amendment,all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3) EFFECTIVE DATE AND ENFORCEABILITY A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment.The State shall not be bound by any provision of this Amendment before that Amendment Effective Date,and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in§3.B of this Amendment B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4) PURPOSE The Parties entered into the Agreement for the design and construction of a trail,traffic signal improvements and landscaping in the City of Pueblo,CO.The Parties now desire to allocate$34,000.00 for ROW Acquisition 3111 and/or ROW Relocation 3109.The total budgeted funds will be unchanged. 5) MODIFICATIONS The Agreement and all prior amendments thereto, if any, are modified as follows: a) Exhibit C-2 shall be replaced by Exhibit C-4.This is a correction as executed Amendment#1 and Option Letter#2 both contain an Exhibit C-2. Any reference in the Agreement,as previously modified,to Exhibit C, Exhibit C-1, Exhibit C-2 and also any Exhibit C-3 shall be a reference to Exhibit C-4. 6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement,and the Agreement and all prior amendments or other modifications to the Agreement, if any,remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement,in the event of any conflict, inconsistency,variance,or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement,the provisions of this Amendment shall in all respects supersede,govern,and control. The provisions of this Amendment shall only supersede,govern,and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Document Builder Generated Page 2 of 2 Rev. 12/09/2016 EXHIBIT C-4 FUNDING PROVISIONS EXHIBIT C-4—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 Award Costs) b. Local Agency Matching Funds $125,000.00 (20.00%of Award Costs) TOTAL BUDGETED FUNDS $625,000.00 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: $70,436.00 d. Total Amount of Federal Award: $500,000.00 e. Name of Federal Awarding Agency: FHWA f. CFDA#Highway Planning and Construction 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 $500,000.00 b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $500,000.00 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $625,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $34,000.00 Net to be encumbered as follows: $591,000.00 Note:Only$88,045.00 in Design funds are currently available.Additional 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 $88,045.00 11/16/2020/06/30/2022 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-4 - Page 1 of 2 B. Matching Funds The matching ratio for the federal 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 funds, it being further understood that all additional costs are borne by the Local Agency at 100%. If the total 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 funds and 100% of all additional costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total 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.This applies to the entire scope of Work. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be$472,800.00(the Federal funds of$500,000.00 minus ROW Acquisition 3111 and/or ROW Relocation 3109 of$27,200.00; for CDOT accounting purposes, the federal funds of$472,800.00 and the Local Agency matching funds of $118,200.00 [Local Agency funds of$125,000.00 minus Local Agency share of ROW Acquisition 3111 and/or ROW Relocation 3109 of$6,800.00] will be encumbered for a total encumbrance of$591,000.00), 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 Award 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.This applies to the entire scope of Work. 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-4-Page 2 of 2