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:
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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$96,000.00;
b) Replace Exhibit C, Funding Provisions,with Exhibit C-1,which is attached hereto. Any reference in
the Agreement to Exhibit C shall be a reference to Exhibit C-1.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement,and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency,variance,or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement,the provisions of this Amendment shall in all
respects supersede,govern,and control. The provisions of this Amendment shall only supersede,govern,and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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Rev. 12/09/2016
State$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