HomeMy WebLinkAbout10160ORDINANCE NO. 10160
AN ORDINANCE ESTABLISHING PROJECT CI2120 FOR
UNION AND MAIN STREETSCAPE PROJECT,
APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND THE STATE OF
COLORADO, ACTING BY AND THROUGH THE
COLORADO DEPARTMENT OF TRANSPORTATION,
PROJECT: STA M086-095 (24779), BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $2,000,000
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Union and Main Streetscape Project, CI2120, is hereby established.
SECTION 2.
The Intergovernmental Agreement (“IGA”) between the City of Pueblo, a Colorado
municipal corporation, and State of Colorado, acting by and through the Colorado
Department of Transportation, Project: STA M086-095 (24779), Pueblo Downtown
Multimodal Safety Improvements, a copy of which is attached, having been approved as
to form by the City Attorney, is hereby approved.
SECTION 3.
Subject to encumbrances by the Colorado State Department of Transportation,
funds from the Pueblo Downtown Multimodal Safety Improvements Project (STA M086-
095 (24779) in the amount of $2,000,000 are hereby budgeted and appropriated for the
Union and Main Streetscape Project, No. CI2120.
SECTION 4.
The Mayor is authorized to execute and deliver the IGA 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.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of the Ordinance and IGA to implement the policies and
procedures described therein.
SECTION 6.
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 April 11, 2022 .
Final adoption of Ordinance by City Council on April 25, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on April 27, 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-5
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: April 11, 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 ESTABLISHING PROJECT CI2120 FOR UNION AND
MAIN STREETSCAPE PROJECT, APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE
STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO
DEPARTMENT OF TRANSPORTATION, PROJECT: STA M086-095
(24779), BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT
OF $2,000,000 AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance creates Project No. CI2120 for Union and Main Streetscape Project,
approves an Intergovernmental Agreement (“IGA”) between Pueblo, a Colorado
Municipal Corporation (“City”) and the State of Colorado, Colorado Department of
Transportation (“CDOT”) relating to the Union and Main Streetscape Project, and budgets
and appropriates funds from CDOT totaling $2,000,000 for the Project.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
This Ordinance establishes the Union and Main Streetscape Project, CI2120. The project
will provide for design and construction of the streetscape improvements along Union
Avenue between Abriendo Avenue and City Center Drive as well as along Main Street
from the Arkansas River to City Center Drive.
The City of Pueblo was awarded a Revitalizing Main Streets (RMS) Opportunity 1 grant
with an overall project cost of $4,800,000. The match requirement for the federally funded
grant is $500,000. The funds for the required match ($500,000) will be transferred to the
account at a later date, prior to execution of a design contract.
FINANCIAL IMPLICATIONS:
Funds in the amount of $2,000,000 will be provided by CDOT and shall be budgeted and
appropriated for the project, CI2120.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Currently, there are no alternatives for completing the improvements without the funding
from the CDOT RMS Grant funds.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
City-State of Colorado IGA for Pueblo Downtown Multimodal Safety Improvements
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State SLAWRK REGION: 2
PROJECT: STA M086-095(24779),Pueblo RDM
Downtown Multimodal Safety Improvements
CONTRACT
THIS CONTRACT made this day of 5/18/2022 20 ,by and between the State of Colorado for the use
and benefit of the Colorado Department of Transportation hereinafter referred to as the State and City of Pueblo
hereinafter referred to as the"Contractor"or the"Local Agency."
RECITALS
1. Authority exists in the law and funds have been budgeted,appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for payment of project and Local Agency costs. Total Contract
Amount:$2,500,000.00.
2. Required approval,clearance and coordination have been accomplished from and with appropriate agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide
maintenance and construction of highways that are part of the state(or local agency)highway system.
4. Local Agency anticipates a project for The local agency shall be responsible for design and construction of
downtown multimodal safety infrastructure improvements.and by the date of execution of this contract,the Local
Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the
general nature of the Work. The Local Agency understands that before the Work begins,the Local Agency must
receive an official written "Notice to Proceed" prior to commencing any part of the Work. The Local Agency
further understands, before the Work begins,the form#463 may be revised as a result of design changes made by
CDOT,in coordination with the Local Agency,in its internal review process. The Local Agency desires to perform
the Work described in form#463,as it may be revised.
5. The Local Agency has requested that State funds be made available for project STA M086-095 (24779), Pueblo
Downtown Multimodal Safety Improvements referred to as the "Project" or the "Work." Such Work will be
performed in City,Colorado,specifically described in Exhibit A.
6. The State has funds available and desires to provide 80%of the funding for the work. Local Agency will provide
the other 20%.State funds may be awarded with"Special Funding".Special Funding may include but is not limited
to one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing Main Streets,
Safer Main Streets, Stimulus Funds or COVID Relief. If Special Funding is used there may be an expiration date
for the funds. The expiration date applies to grants and local funds used to match grants. To receive payment or
credit for the match,Work must be completed or substantially completed,as outlined in the terms of the grant,prior
to the expiration date of the Special Funding and invoiced in compliance with the rules outlined in the award of the
funding.
7. The Local Agency desires to comply with all state and other applicable requirements,including the State's general
administration of the project through this contract, in order to obtain state funds for the project.
8. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency,which expressly authorizes the Local Agency to enter into this contract and
to complete the work under the project. A copy of this ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
9. This contract is executed under the authority of§§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144,
C.R.S.and Exhibit B.
10. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all
of the Work.
11. The Local Agency can more advantageously perform the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
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The Project or the Work under this contract shall consist of The local agency shall be responsible for design
and construction of downtown multi-modal safety infrastructure improvements, in Pueblo, Colorado, as more
specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in Section 27 of this contract
2. This contract
3. Exhibit A(Scope of Work)
4. Exhibit B(Local Agency Resolution)
5. Exhibit C(Funding Provisions)
6. Exhibit D(Option Letter)
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee,or on the date made,whichever is later.
It shall terminate on April 11, 2032, or sooner if any of the State's funding expires, or is sooner terminated or unless
performance is extended in accordance with this Contract.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives
of the Local Agency,which expressly authorizes the Local Agency to enter into this contract and to complete the
work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as
Exhibit B.
B. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being
made available from state sources,as applicable. Should these sources fail to provide necessary funds as agreed
upon herein, the contract may be terminated by either party, provided that any party terminating its interest and
obligations herein shall not be relieved of any obligations which existed prior to the effective date of such
termination or which may occur as a result of such termination.
C. Funding will be detailed in Exhibit C of the funding provisions.
Section 5. Project Payment Provisions
A. The State will reimburse the Local Agency for incurred costs relative to the project following the State's review
and approval of such charges,subject to the terms and conditions of this Contract. Provided however,that charges
incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged
by the Local Agency to the project,and will not be reimbursed by the State.
B. The State will reimburse the Local Agency's reasonable,allocable,allowable costs of Performance of the Work,
not exceeding the maximum total amount described in Exhibit C. The applicable principles described in 49
C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract.
The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local
Agency shall be:
1. In accordance with the provisions of Section 5 and with the terms and conditions of this contract;
2. Necessary for the accomplishment of the Work;
3. Reasonable in the amount for the goods and services provided;
4. Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates,or other items of value
received by the Local Agency that have the effect of reducing the cost actually incurred);
5. Incurred for Work performed after the effective date of this contract;
6. Satisfactorily documented.
C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme)to assure that project funds are expended and costs accounted for in a manner consistent with this contract
and project objectives.
I. All allowable costs charged to the project, including any approved services contributed by the Local Agency
or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in detail the nature of the charges.
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2. Any check or order drawn up by the Local Agency,including any item which is or will be chargeable against
the project account shall be drawn up only in accordance with a properly signed voucher then on file in the
office of the Local Agency,which will detail the purpose for which said check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified,
readily accessible,and to the extent feasible,kept separate and apart from all other such documents.
D. If the Local Agency is to be billed for CDOT incurred costs,the billing procedure shall be as follows:
1. Upon receipt of each bill from the State,the Local Agency will remit to the State the amount billed no later
than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60
days of demand or within such other period as may be agreed between the parties hereto,the Local Agency
agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future
apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to
the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway
Supplementary Fund(400).
2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days
after the date of each bill),the Local Agency shall pay interest to the State at a rate of one percent per month
on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The
interest shall accrue for the period from the required payment date to the date on which payment is made.
E. The Local Agency will prepare and submit to the State,no more than monthly,charges for costs incurred relative
to the project. The Local Agency's invoices shall include a description of the amounts of services performed,the
dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared
in accordance with the State's standard policies, procedures and standardized billing format to be supplied by the
State. Additionally,the State shall have no obligation to pay Local Agency for any Work performed or expense
incurred after the Agreement Expiration Date or after required billing deadline as specified in the award letter if
applicable,whichever is sooner.The State's obligation to pay Agreement Funds will continue until the Agreement
Expiration Date. If Agreement Funds expire before the Agreement Expiration Date, then no payments will be
made after expiration of Agreement Funds. If the Work will be performed in multiple phases, the period of
performance start and end date of each phase is detailed under the Funding Provisions& Performance Period in
Exhibit C.
F. To be eligible for payment,billings must be received within 60 days after the period for which payment is being
requested and final billings on this contract must be received by the State within 60 days after the end of the
contract term.
1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services. The liability of the State, at any time, for such
payments shall be limited to the amount remaining of such encumbered funds.
2. In the event this contract is terminated,final payment to the Local Agency may be withheld at the discretion
of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission,error, fraud or defalcation shall be recovered from
the Local Agency by deduction from subsequent payment under this contract or other contracts between the
State and Local Agency,or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by
the Local Agency,or offset against current obligations due by the State to the Local Agency, at the State's
election.
Section 6.Option Letter Modification
An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted funds,
increase or decrease the encumbrance amount as shown on Exhibit C,and/or transfer funds from one phase to another.
Option letter modification is limited to the specific scenarios listed below.The option letter shall not be deemed valid
until signed by the State Controller or an authorized delegate.
A. Option to begin a phase and/or increase or decrease the encumbrance amount.
The State may authorize the Local Agency to begin a phase that may include Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or
Railroads)as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with
the total budgeted funds as shown on Exhibit C remaining the same. The State may increase or decrease the
encumbrance amount for a particular phase by replacing the original funding exhibit(Exhibit C)in the original
Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2,C-3,etc.).The
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State may exercise this option by providing a fully executed option to the Local Agency within thirty(30)days
before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State
exercises this option,the Agreement will be considered to include this option provision.
B. Option to transfer funds from one phase to another phase.
The State may permit the Local Agency to transfer funds from one phase(Design,Construction, Environmental,
Utilities, ROW Incidentals or Miscellaneous)to another as a result of changes to state, federal,and local match.
The original funding exhibit(Exhibit C)in the original Agreement will be replaced with an updated Exhibit C-
1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2,C-3,etc.)and attached to the option letter.The funds
transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement
with the total budgeted funds remaining the same.The State may unilaterally exercise this option by providing a
fully executed option to the Local Agency within thirty(30)days before the initial targeted start date of the phase,
in a form substantially equivalent to Exhibit D.
C. Option to do both Options A and B.
The State may authorize the Local Agency to begin a phase as detailed in Exhibit A,and encumber and transfer
funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be
replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.)and
attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the
same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same.
The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within
thirty(30)days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D.
Section 7. State and Local Agency Commitments
The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either
the Local Agency or the State. The"Responsible Party"referred to in this contract means the Responsible Party as
identified in the Scope of Work in Exhibit A.
A. Design [if applicable]
1. If the Work includes preliminary design or final design(the"Construction Plans"),or design work sheets,or
special provisions and estimates(collectively referred to as the"Plans"),the responsible party shall comply
with the following requirements,as applicable:
a. perform or provide the Plans,to the extent required by the nature of the Work.
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the
American Association of State Highway Transportation Officials(AASHTO)manual or other standard,
such as the Uniform Building Code,as approved by CDOT.
c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals
and Standard Specifications for Road and Bridge Construction or Local Agency specifications if
approved by CDOT.
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction contract except by
agreement in writing between the parties. The Plans shall be considered final when approved and
accepted by the parties hereto,and when final they shall be deemed incorporated herein.
2. If the Local Agency is the responsible party:
a. The local agency shall comply with the requirements of the Americans With Disabilities Act(ADA),
and applicable federal regulations and standards as contained in the document "ADA Accessibility
Requirements in CDOT Transportation Projects".
b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that
are directed by the State to comply with State requirements.
c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction
administration. Provided,however,that if federal-aid funds are involved in the cost of such work to be
done by a consultant, that consultant contract (and the performance/provision of the Plans under the
contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures
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implementing those requirements as provided by the State. If the Local Agency does enter into a contract
with a consultant for the Work:
(1) it shall submit a certification that procurement of any design consultant contract complied with the
requirements of 23 CFR 172.5(1)prior to entering into contract. The State shall either approve or
deny such procurement. If denied,the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have prior approval by the State. Such
changes in the contract shall be by written supplement agreement. As soon as the contract with the
consultant has been awarded by the Local Agency, one copy of the executed contract shall be
submitted to the State. Any amendments to such contract shall also be submitted.
(3) it shall require that all consultant billings under that contract shall comply with the State's
standardized billing format. Examples of the billing formats are available from the CDOT
Agreements Office.
(4) it(or its consultant)shall use the CDOT procedures described in Exhibit A to administer that design
consultant subcontract,to comply with 23 CFR 172.5(b).
(5) it may expedite any CDOT approval of its procurement process and/or consultant contract by
submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative
certifying compliance with 23 CFR I72.5(b).
(6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i)and
contains the following language verbatim:
(a) "The design work under this contract shall be compatible with the requirements of the contract
between the Local Agency and the State(which is incorporated herein by this reference)for the
design/construction of the project. The State is an intended third party beneficiary of this
contract for that purpose."
(b) "Upon advertisement of the project work for construction,the consultant shall make available
services as requested by the State to assist the State in the evaluation of construction and the
resolution of construction problems that may arise during the construction of the project."
(c) "The consultant shall review the construction contractor's shop drawings for conformance with
the contract documents and compliance with the provisions of the State's publication,Standard
Specifications for Road and Bridge Construction,in connection with this work."
(d) The State,in its discretion,will review construction plans,special provisions and estimates and
will cause the Local Agency to make changes therein that the State determines are necessary to
assure compliance with State requirements.
B. Construction [if applicable]
1. If the Work includes construction, the responsible party shall perform the construction in accordance with
the approved design plans and/or administer the construction all in accord with the Scope of Work in Exhibit
A. Such administration shall include project inspection and testing; approving sources of materials;
performing required plant and shop inspections;documentation of contract payments,testing and inspection
activities;preparing and approving pay estimates;preparing,approving and securing the funding for contract
modification orders and minor contract revisions;processing contractor claims;construction supervision;and
meeting the Quality Control requirements as described in the Scope of Work in Exhibit A.
2. The State shall have the authority to suspend the Work,wholly or in part,by giving written notice thereof to
the Local Agency,due to the failure of the Local Agency or its contractor to correct project conditions which
are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather,or for
conditions considered unsuitable for the prosecution of the Work,or for any other condition or reason deemed
by the State to be in the public interest.
3. If the Local Agency is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of Colorado,as the Local Agency
Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in
accordance with this contract, the requirements of the construction contract and applicable State
procedures.
b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval
by the State and award the construction contract(s)to the low responsible bidder(s) upon approval by
the State.
(1) The Local Agency has the option to accept or reject the proposal of the apparent low bidder for work
on which competitive bids have been received. The Local Agency must declare the acceptance or
rejection within 3 working days after said bids are publicly opened.
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(2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability and
appropriation for that purpose, if required to complete the Work under this project if no additional
federal-aid funds will be made available for the project. This paragraph also applies to projects
advertised and awarded by the State.
c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force
account),rather than by a competitive bidding process,the Local Agency will ensure that all such force
account work is accomplished in accordance with the pertinent State specifications and requirements
with 23 CFR 635, Subpart B,Force Account Construction.
(1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between
the Local Agency and the Stat in advance of the Work,as provided for in 23 CFR 635.204(c). Such
agreed unit prices shall constitute a commitment as to the value of the Work to be performed.
(2) An alternative to the above is that the Local Agency may agree to participate in the Work based on
actual costs of labor,equipment rental,materials supplies and supervision necessary to complete the
Work. Where actual costs are used,eligibility of cost items shall be evaluated for compliance with
48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in accordance with the State's
Standard Specifications for Road and Bridge Construction § 109.04.
(4) All force account work shall have prior approval of the State and shall not be initiated until the State
has issued a written notice to proceed.
C. State's obligations
1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance
activity. When all Work has been satisfactorily completed,the State will sign a final acceptance form.
2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or
responsible in any manner for the structural design, details or construction of any major structures that are
designed by or are the responsibility of the Local Agency as identified in the Scope of Work in Exhibit A,
within the Work of this contract.
Section 8. ROW Acquisition and Relocation
If the Project includes right of way,prior to this project being advertised for bids, the Responsible Party will certify
in writing to the State that all right of way has been acquired in accordance with the applicable state and federal
regulations,or that no additional right of way is required.
Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations,
including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal
and Federally Assisted Programs as amended(49 CFR Part 24);CDOT's Right of Way Manual; and CDOT's Policy
and Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition (311 1 charges), relocation(3109 charges)activities, if any, and
right of way incidentals(expenses incidental to acquisition/relocation of right of way—3114 charges);
• Federal participation in right of way acquisition(31 1 1 charges),relocation(3109 charges)but no participation in
incidental expenses(3114 charges);or
• No federal participation in right of way acquisition(31 11 charges)and relocation activities(3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the
State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual.The manual is located
at http://www.dot.state.co.us/ROW_Manual/.
If right of way is purchased for a state highway, including areas of influence of the state highway,the local agency
shall immediately convey title to such right of way to CDOT after the local agency obtains title.
Section 9. Utilities
If necessary,the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility
company,which may become involved in this Project. Prior to this Project being advertised for bids,the Responsible
Party will certify in writing to the State that all such clearances have been obtained.
Section 10. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the Work is to be
accomplished by railroad company forces,the Responsible Party shall make timely application to the Public Utilities
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Commission requesting its order providing for the installation of the proposed improvements and not proceed with
that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning
federal-aid projects involving railroad facilities, including:
A. Executing an agreement setting out what work is to be accomplished and the location(s)thereof,and that the costs
of the improvement shall be eligible for federal participation.
B. Obtaining the railroad's detailed estimate of the cost of the Work.
C. Establishing future maintenance responsibilities for the proposed installation.
D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination
of a grade crossing.
E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to
the installation.
Section 11. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and state
environmental regulations including the National Environmental Policy Act of 1969(NEPA)as applicable.
Section 12. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and
expense during their useful life,in a manner satisfactory to the State. The Local Agency will make proper provisions
for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with
all applicable statutes, ordinances and regulations which define the Local Agency's obligations to maintain such
improvements. The State will make periodic inspections of the project to verify that such improvements are being
adequately maintained.
Section 13. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials,which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for
a period of three(3)years after the date of termination of this contract or final payment hereunder,whichever is later,
or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall
make such materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State to inspect the project and to inspect,review and audit the project records.
Section 14. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof,at least twenty(20)days before the effective date of such termination.
B. Termination for Cause. lf,through any cause,the Local Agency shall fail to fulfill,in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this contract,the State shall thereupon have the right to terminate this contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents,data,studies,surveys,drawings,maps,models,photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency's action/inaction was excusable,such termination shall be treated as a termination for convenience,
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and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience,as described herein.
C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the Project provided for herein,and therefore,the Local Agency expressly understands
and agrees that all its rights,demands and claims to compensation arising under this contract are contingent upon
availability of such funds to the State. In the event that such funds or any part thereof are not available to the
State,the State may immediately terminate or amend this contract.
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all
actions required by its procedures, by-laws,and/or applicable law to exercise that authority,and to lawfully authorize
its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s)executing
this contract on behalf of the Local Agency warrants that such person(s)has full authorization to execute this contract.
Section 16. Representatives and Notice
Each individual identified below is the principal representative of the designating Party. All notices required to be
given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's
principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice, notice also
may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate
by written notice substitute addresses or persons to whom such notices shall be sent.Unless otherwise provided herein,
all notices shall be effective upon receipt.
If to State If to the Local Agency
CDOT Region:2 City of Pueblo
Don Scanga Kelly Grisham
Project Manager Project Coordinator
5615 Wills Blvd 211 East D Street
Pueblo,CO 81008 Pueblo,CO 81004
719-248-0378 719-553-2254
donald.scanga@state.co.us kgrisham@pueblo.us
Section 17. Successors
Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 18. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement,shall be strictly reserved to the State and the Local Agency. Nothing contained
in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity,other than the State or the Local Agency
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 19. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protection,or other
provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S.,as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§ 24-30-1501,et seq.,C.R.S.,as now or hereafter amended.
Section 20. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract,the terms of this contract are severable,and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
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Section 21. Waiver
The waiver of any breach of a term, provision,or requirement of this contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 22. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition, deletion,or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 23. Survival of Contract Terms
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this
contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 24. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved in accordance with applicable law.
Section 25. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract
which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless,within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause,the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director
or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of
any administrative official,representative,or board on a question of law.
Section 26.Statewide Contract Management System
If the maximum amount payable to Contractor under this Contract is$100,000 or greater,either on the Effective Date
or at any time thereafter,this§Statewide Contract Management System applies. Contractor agrees to be governed,
and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-60I, §24-103.5-101 and §24-105-102
concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information
in a statewide contract management system.
Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Contract,State law,including CRS§24-103.5-101,and State Fiscal Rules,Policies and Guidance.Evaluation and
Review of Contractor's performance shall be part of the normal contract administration process and Contractor's
performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and
Review shall include,but shall not be limited to quality,cost and timeliness.Collection of information relevant to the
performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such
obligations and shall include factors tailored to match the requirements of Contractor's obligations.Such performance
information shall be entered into the statewide Contract Management System at intervals established herein and a final
Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be
notified following each performance Evaluation and Review, and shall address or correct any identified problem in a
timely manner and maintain work progress.
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Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet
the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel
and Administration (Executive Director), upon request by the Department of Transportation and showing of good
cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the
final Evaluation,Review and Rating by:(a)filing rebuttal statements,which may result in either removal or correction
of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and
appeal rights provided in CRS §§24-109-106, 107,201 or 202,which may result in the reversal of the debarment and
reinstatement of Contractor,by the Executive Director,upon showing of good cause.
Section 27. COLORADO SPECIAL PROVISIONS(COLORADO FISCAL RULE 3-3).
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL.§24-30-202(1),C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this
Contract is for a Major Information Technology Project,as defined in §24-37.5-102(2.6),then this Contract shall
not be valid until it has been approved by the State's Chief Information Officer or designee.
B. FUND AVAILABILITY.§24-30-202(5.5),C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that
purpose being appropriated,budgeted,and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its departments,
boards,commissions committees,bureaus,offices,employees and officials shall be controlled and limited by the
provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims
Act,28 U.S.C. Pt. VI,Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501,
et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or
implied,of any of the immunities,rights,benefits,protections,or other provisions,contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding,except as expressly set forth herein. Contractor and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall not
pay for or otherwise provide such coverage for Contractor or any of its agents or employees.Contractor
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law,(ii) provide proof thereof when
requested by the State,and(iii)be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including,without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW,JURISDICTION,AND VENUE.
Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation, execution,
and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts
with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the
State to agree to binding arbitration; limits Contractor's liability for damages resulting from death,bodily injury,
or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing
in this Contract shall be construed as a waiver of any provision of§24-106-109 C.R.S. Any term included in this
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Contract that limits Contractor's liability that is not void under this section shall apply only in excess of any
insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to
any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies and warrants that,during the term of this Contract and any extensions,
Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Contractor is in violation of this provision,the State may exercise any
remedy available at law or in equity or under this Contract,including,without limitation,immediate termination
of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.§§24-18-201 and 24-50-507,C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire
any interest,direct or indirect,that would conflict in any manner or degree with the performance of
Contractor's services and Contractor shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS.§§24-30-202(1)and 24-30-202.4,C.R.S.
Not applicable to intergovernmental agreements' Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (i)
unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other
charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund;
and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The
State may also recover,at the State's discretion, payments made to Contractor in error for any reason, including,
but not limited to,overpayments or improper payments,and unexpended or excess funds received by
Contractor by deduction from subsequent payments under this Contract, deduction from any payment due
under any other contracts, grants or agreements between the State and Contractor, or by any other
appropriate method for collecting debts owed to the State.
K. PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,et seq.,C.R.S.
fNot applicable to agreements relating to the offer,issuance,or sale of securities, investment advisory services
or fund management services,sponsored projects, intergovernmental agreements, or information technology
services or products and services/Contractor certifies,warrants,and agrees that it does not knowingly employ or
contract with a worker without authorization who will perform work under this Contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to perform
work under this Contract,through participation in the E-Verify Program or the State verification program
established pursuant to§8-17.5-102(5)(c),C.R.S.,Contractor shall not knowingly employ or contract with a
worker without authorization to perform work under this Contract or enter into a contract with a Subcontractor
that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with a worker
without authorization to perform work under this Contract.Contractor(i)shall not use E-Verify Program or the
program procedures of the Colorado Department of Labor and Employment("Department Program") to
undertake pre-employment screening of job applicants while this Contract is being performed,(ii)shall notify the
Subcontractor and the contracting State agency or institution of higher education within three days if Contractor
has actual knowledge that a Subcontractor is employing or contracting with a worker without authorization for
work under this Contract,(iii)shall terminate the subcontract if a Subcontractor does not stop employing or
contracting with the illegal alien within three days of receiving the notice,and(iv)shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5),C.R.S.,by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,Contractor shall
deliver to the contracting State agency, Institution of Higher Education or political subdivision,a written,
notarized affirmation,affirming that Contractor has examined the legal work status of such employee,and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with any
requirement of this provision or§§8-17.5-101,et seq.,C.R.S.,the contracting State agency, institution of higher
education or political subdivision may terminate this Contract for breach and,if so terminated,Contractor shall
be liable for damages.
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Section 28. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the
Local Agency's behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY STATE OF COLORADO
City of Pueblo Jared S. Polis
r—Docusigned by: Department of Transportation
r—DocuSlgned by'.
i By Sto.kt, hrttseln.
\-99E488FB4726452 ‘St2i)cfierfrAre1son, P.E.,Chief Engineer
Signature (For)Shoshana M. Lew, Executive Director
Nick Gradisar,Mayor
Date: 5/18/2022 5/18/2022
Date:
Additional Local Agency Signature STATE OF COLORADO
LEGAL REVIEW
DocuSigned by: Philip J.Weiser,Attorney General
AAearl 45tAtr N/A
Attested by: `-7CO2EBDFFC3D43C_ By
Signature Signature—Assistant Attorney General
Marisa Stoller,City Clerk Date:
Date: 5/18/2022
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Agreements.This Agreement is not valid until
signed and dated below by the State Controller or delegate.The Local Agency is not authorized to begin performance
until such time. If the Local Agency begins performing prior thereto,the State of Colorado is not obligated to pay the
Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
Do Signed by:
Oyl oBE)✓t.teLe
By: BDA801C5CFAC478..
Colorado Department of Transportation
5/18/2022
Date:
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EXHIBIT A
SCOPE OF WORK
Name of Project: Pueblo Downtown Multimodal Safety Imp.
Project Number: STA M086-095
SubAccount#: 24779
The local agency shall be responsible for design and construction of infrastructure
improvements, Project M086-095, (24779). On Union Avenue the improvements
consist of the expansion of sidewalks, reduction of travel lanes with sharrows for
bicyclists, parallel parking, and enhanced streetscape. On Main Street the
improvements consist of the expansion of sidewalks, reduction of travel lanes, bike
lanes in each direction and enhanced streetscape with additional parallel parking
options.
If this project is funded with Multimodal Transportation &
Mitigation Options Funding (MMOF) these funding expenditures must
be invoiced by June 1st of the year they expire.
By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and
accepts the continuing responsibility for the safety of the traveling public after initial acceptance
of the project. Local Agency is responsible for maintaining and operating the scope of work
described in this Exhibit A constructed under this Agreement at its own cost and expense
during its useful life.
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EXHIBIT B
Local Agency Resolution
ORDINANCE NO. 10160
AN ORDINANCE ESTABLISHING PROJECT C12120 FOR
UNION AND MAIN STREETSCAPE PROJECT,
APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND THE STATE OF
COLORADO, ACTING BY AND THROUGH THE
COLORADO DEPARTMENT OF TRANSPORTATION,
PROJECT: STA M086-095 (24779), BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $2,000,000
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Union and Main Streetscape Project, C12120, is hereby established.
SECTION 2.
The Intergovernmental Agreement ("IGA") between the City of Pueblo, a Colorado
municipal corporation, and State of Colorado, acting by and through the Colorado
Department of Transportation, Project: STA M086-095 (24779), Pueblo Downtown
Multimodal Safety Improvements, a copy of which is attached, having been approved as
to form by the City Attorney, is hereby approved.
SECTION 3.
Subject to encumbrances by the Colorado State Department of Transportation,
funds from the Pueblo Downtown Multimodal Safety Improvements Project (STA M086-
095 (24779) in the amount of $2,000,000 are hereby budgeted and appropriated for the
Union and Main Streetscape Project, No. CI2120.
SECTION 4.
The Mayor is authorized to execute and deliver the IGA in the name of the City and
the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of the Ordinance and IGA to implement the policies and
procedures described therein.
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EXHIBIT B
Local Agency Resolution
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on April 11, 2022 .
Final adoption of Ordinance by City Council on April 25, 2022
President If City Council
Action by the Mayor:
ii14 Approved on, piPD2 t941401..0 Disapproved on/j' based on the following objections:
.24e0.06100,er‘et,404:4
Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re-adopted on a vote of , on
O Council action on failed to override the Mayor's veto.
President of City Council
ATTEST
Cykedi
City CI
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State$LA Work
EXHIBIT C- FUNDING PROVISIONS
City of Pueblo; Project#:STA M086-095(24779)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be$2,500,000.00,which is to be funded as
follows:
1. a. State Funds
(80% of Award) $2,000,000.00
b. Local Agency Matching Funds
(20% of Award) $500,000.00
TOTAL BUDGETED FUNDS $2,500,000.00
2. ESTIMATED PAYMENT TO LOCAL AGENCY
a. State Funds Budgeted $2,000,000.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $2,000,000.00
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount(Only CDOT funds are encumbered) $2,000,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $2,000,000.00
Note: No funds are currently available. Design and Construction funds will become available after
execution of an Option letter(Exhibit D) or formal Amendment.
WBS Element 24779.10.30 Performance Period Start*/End Date Design 3020 $0.00
N/A-N/A
WBS Element 24779.20.10 Performance Period Start*/End Date Const. 3301 $0.00
N/A-N/A
*The Local Agency should not begin work until both of the following are in place: 1) the execution of the
document encumbering funds for the respective phase; and 2) Local Agency receipt of the official Notice
to Proceed.Any work performed before these two (2) milestones are achieved will not be reimbursable.
B. Matching Funds
The matching ratio for the State funds for this Work is 80% State funds to 20% Local Agency funds, and
this ratio applies only to the$2,500,000.00 that is eligible for State funds. All other costs are borne by the
Local Agency at 100%. If the total cost of performance of the Work exceeds$2,500,000.00, and additional
State funds are available for the Work, the Local Agency shall pay 20% of all such costs eligible for State
funds and 100% of all other costs. If additional State funds are not available, the Local Agency shall pay
all such excess costs. If the total cost of performance of the Work is less than $2,500,000.00, then the
amounts of Local Agency and State funds will be decreased in accordance with the funding ratio described
herein. 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 $2,000,000.00. For
CDOT accounting purposes, the State funds of$2,000,000.00 will be encumbered, but the Local Agency
funds of$500,000.00 will NOT be encumbered. The total budget of this project is $2,500,000.00, unless
this amount is increased by an executed amendment before any increased cost is incurred. The total cost
of the Work is the best estimate available, based on the design data as approved at the time of execution
of this Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and award. The
maximum amount payable will be reduced without amendment when the actual amount of the Local
Agency's awarded Agreement is less than the budgeted total of the State funds and the Local Agency
matching funds. The maximum amount payable will be reduced through the execution of an Option Letter
as described in Section 6 of this contract. This applies to the entire scope of Work.
Exhibit C—Page 1 of 1
DocuSign Envelope ID:9DB6ACED-CA3E-4581-9DEE-C17E18FA4866
Exhibit D
SAMPLE OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below AND may
be used in place of exercising a formal amendment.
Date: State Fiscal Year: Option Letter No. Option Letter CMS
Routing # Option Letter
OLA#
Original Contract CMS # Original Contract#
Vendor name:
SUBJECT:
Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or
Railroads)and to update encumbrance amounts (a new Exhibit C must be attached with the option letter and shall
be labeled C-1,future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached withthe
option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4,
etc.).
Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be
labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
Option to extend the term of this Agreement.
REQUIRED PROVISIONS:
Option A (Insert the following language for use with the Option A):
In accordance with the terms of the original Agreement(insert CMS routing#of the original Agreement) between
the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby
exercises the option to authorize the Local Agency to begin a phase that will include (describe which phase will
be added and include all that apply — Design, Construction, Environmental, Utilities, ROW incidentals or
Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding
availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW
incidentals or Miscellaneous) is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C. (The following is a NOTE only,please delete when using this option. Future changes for
this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4,etc.).
Option B (Insert the following language for use with Option B):
In accordance with the terms of the original Agreement (insert CMS#of the original Agreement) between the
State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby
exercises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase
to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new
Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so
please delete when using this option:future changes for this option for Exhibit C shall be labeled as follows: C
2, C-3, C-4, etc.).
Exhibit D - Page 1 of 2
DocuSign Envelope ID:9DB6ACED-CA3E-4581-9DEE-C17E18FA4866
Option C (Insert the following language for use with Option C):
In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement) between
the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby
exercises the option to 1) release the Local Agency to begin a phase that will include (describe which phase will
be added and include all that apply - Design, Construction, Environmental, Utilities, ROW incidentals or
Miscellaneous); 2)to encumber funds for the phase based upon changes in funding availability and authorization;
and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds
will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made
part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using
this option:future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.).
(The following language must be included on options A, B and C):
The total encumbrance as a result of this option and all previous options and/or amendments is now (insert total
encumbrance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total budgeted funds to
satisfy services/goods ordered under the Agreement remains the same: (indicate total budgeted funds) as
referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original Agreement.
Option D (Insert the following language for use with Option D):
In accordance with of the original Agreement referenced above, as amended,the State hereby exercises its option
to extend the Agreement Term. The new Agreement Expiration Date is now . This is made part
of the original Agreement and replaces the Expiration Date shown on Page 2 Sec.3.
The effective date of this option letter is upon approval of the State Controller or delegate.
APPROVALS:
State of Colorado:
Jared S. Polis,Governor
By: Date:
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 Agreement 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 the Local Agency begins performing prior thereto, the State of
Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or
services provided hereunder.
State Controller Robert Jaros,CPA, MBA,JD
By: Date:
Exhibit D - Page 2 of 2