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HomeMy WebLinkAbout10177ORDINANCE NO. 10177 AN EMERGENCY ORDINANCE APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, MTF M086-087 (24023) PRAIRIE AVENUE IMPROVEMENTS, BETWEEN PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE STATE OF COLORADO, THE COLORADO DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Intergovernmental Agreement, MTF M086-087 (24023) 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 City Council finds this Ordinance qualifies for treatment as an emergency ordinance pursuant to City Charter because of the urgency to complete the Prairie Avenue Improvements prior to the expiration of funding on June 30, 2023. SECTION 3. 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 4. 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 5. 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 May 9, 2022 . Final adoption of Ordinance by City Council on May 9, 2022 . President of City Council Action by the Mayor: ☒ Approved on May 11, 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 # S-2 BACKGROUND PAPER FOR PROPOSED EMERGENCY ORDINANCE COUNCIL MEETING DATE: May 9, 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 EMERGENCY ORDINANCE APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, MTF M086-087 (24023) PRAIRIE AVENUE IMPROVEMENTS, 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 Emergency Ordinance approves an Amendment to the Intergovernmental Agreement (“IGA”), MTF M086-087 (24023) between Pueblo, A Colorado Municipal Corporation (“City”) and the State of Colorado, Colorado Department of Transportation (“CDOT”) relating to the Prairie Avenue Improvements Project. PREVIOUS COUNCIL ACTION: Ordinance 9968, dated July 26, 2021, established project No. CI2018 for Prairie Avenue Improvements Project, approved the IGA between the City of Pueblo and CDOT, budgeted and appropriated funds in the amount of $1,300,000. Resolution 14705, dated September 13, 2021, approved an agreement for profession design services to SEH, Inc. BACKGROUND: The project will provide for the construction of improvements along the east and west sides of Prairie Avenue, between Northern Avenue and Pueblo Boulevard. Significant amounts of sidewalk are missing, do not meet current ADA standards, or are blocked by overhead electric power poles. Most of the intersections do not provide handicap ramps, or existing ramps are not to current ADA specifications. The improvements associated with this grant will bring this section of the Prairie Avenue corridor into compliance with current ADA standards. In addition, the project will reconstruct the roadway surface drainage improvements at Prairie Avenue and Jones Avenue to lessen the side slopes of the existing double gutter pan crossing. Transit shelters are planned along the corridor as well as upgraded traffic and pedestrian signals. The work is in anticipation of the street reconstruction of Prairie Avenue. The purpose of the Amendment to the Intergovernmental Agreement (IGA) is add a ROW phase. The ROW phase is required to use the grant money for the acquisition of temporary construction easements and permanent easements. During the initial design, it was determined that temporary construction easements and permanent easements are necessary for the construction of the improvements according to ADA requirements. The funding for this project is a grant from CDOT from the Multimodal Option Funds, which are set to expire June 30, 2023. Upon approval of this Ordinance, CDOT will provide a unilateral option letter, which will allocate the funds for the ROW Phase. Once the option letter is executed, CDOT will begin acquisition of the required easements, which could take up to 9 months. FINANCIAL IMPLICATIONS: There will be no changes to the funding with this amendment. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: There are no alternatives for completing the project without this amendment. RECOMMENDATION: Approve the Emergency Ordinance. Attachments: City-State of Colorado IGA for the Prairie Avenue Improvements Grant Certification DocuSign Envelope ID:6825F811-254C-4156-BF0A-1 D7081 D49AA9 OI,A# 331002483 Routing#:21-11A2-XC-00118-M0002 STATE OF COLORADO AMENDMENT Amendment#: 1 Project#: MTF M086-087(24023) SIGNATURE AND COVER PAGE State Agency Amendment Routing Number Department of Transportation 21-1-1A2-XC-00118-M0002 Local Agency Original Agreement Routing Number CITY OF PUEBLO 21-HA2-XC-00l 18 Agreement Maximum Amount $2,600,000.00 Agreement Performance Beginning Date August 20, 2021 Initial Agreement Expiration Date June 01,2031 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 Caocueigned by. om-(tardsev, ne.ee,,,e»re.re Stephen Harelson, P.F,.,Chief Engineer 6/7/2022 Date: LOCAL AGENCY LOCAL AGENCY CITY OF PUEBLO (2"Signature if Necessary) p—DoeuSigned by: by: (*LAM G,,adistur SrOtttr `-99E488F134726452_ '-7CO2E80FFC3043C_. Signature Signature By:Nicholas Gradisar, Mayor Attested by: Marisa Stoller,City Clerk 6/6/2022 6/6/2022 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 "o Spned by: oy� C.o�N,yLO By: apartment of Transportation 6/7/2022 Effective Date: Document Builder Generated Page 1 of 2 Rev. 12/09/2016 OLA#: 331002483 Routing# 21-HA2-XC-00118-M0002 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 this agreement for the design and construction of Prairie Avenue Improvements. The Parties now wish to amend the contract to add ROW Acquisition 3111 funding of$96,000.00 The total budgeted funds remain$2,600,000.00. The Funding Provisions are udpated through a new Exhibit C-1,which is attached hereto. 5) MODIFICATIONS The Parties now desire to: a)Add ROW Acquisition 3111 of$96,000.00; b) Replace Exhibit C, Funding Provisions,with Exhibit C-1,which is attached hereto. Any reference in the Agreement to Exhibit C shall be a reference to Exhibit C-1. 6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement,and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency,variance,or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement,the provisions of this Amendment shall in all respects supersede,govern,and control. The provisions of this Amendment shall only supersede,govern,and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Document Builder Generated Page 2 of 2 Rev. 12/09/2016 State$LA Work ROW EXHIBIT C-1 - FUNDING PROVISIONS Pueblo MTF M086-087(24023) A. Cost of Work Estimate The Local Agency has estimated the total cost the Work to be$2,600,000.00,which is to be funded as follows: 1. a. State Funds (50% of MMOF Award) $1,300,000.00 b. Local Agency Matching Funds (50% of MMOF Award) $1,300,000.00 TOTAL BUDGETED FUNDS $2,600,000.00 2. ESTIMATED PAYMENT TO LOCAL AGENCY a. State Funds Budgeted $1,300,000.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,300,000.00 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount (Only CDOT funds are encumbered) $1,300,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $48,000.00 State 50% of ROW $48,000.00 NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $1,252,000.00 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 24023.10.30 Performance Period Start*/End Date Design 3020 $0.00 N/A-N/A WBS Element 24023.20.10 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 50% State funds to 50% Local Agency funds, and this ratio applies only to the $2,600,00.00 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$2,600,000.00, and additional State funds are available for the Work, the Local Agency shall pay 50% 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 $2,600,000.00, 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 $1,252,000.00 (State funds of$1,300,000.00 minus State share of ROW of$48,000.00). For CDOT accounting purposes, the State funds of$1,252,000.00 but the Local Agency funds of$1,300,000.00 minus Local Agency share of ROW of$48,000.00 will NOT be encumbered. The total budget of this project is $2,600,000.00, 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-1 -Page 1 of 1