HomeMy WebLinkAbout07125ORDINANCE NO. 7125
AN ORDINANCE APPROVING AN AMENDMENT TO THE PROJECT COOPERATION
AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PUEBLO FOR
THE ARKANSAS RIVER FISHERIES HABITAT RESTORATION PROJECT AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo to
enter into agreements with the federal government for the purpose of undertaking public projects
involving local and municipal interests; and
WHEREAS, the Arkansas River Fisheries Habitat Restoration, Pueblo, Colorado, Section 206,
Aquatic Ecosystem Restoration Project (hereinafter referred to as the "Project ") has been authorized
to be undertaken by the Department of the Army (the "Government ") by Section 206 of the Water
Resources Development act of 1996, P.L. 104 -303 and it is in the best interests of the City and its
residents to cooperate with the Government in undertaking the Project; and
WHEREAS, the City and Government entered into a project cooperation agreement for
implementing the Project on April 8, 2002 and desire to amend the responsibilities, cost sharing and
other terms of cooperation for the Project; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The amendment to the Project Cooperation Agreement (the "Agreement ") between the City
and Government dated April 12, 2004, a true copy of which is attached hereto, is hereby approved in
accordance with its terms, provided however, that neither this Ordinance nor any provision of the
Agreement shall constitute, nor be deemed to constitute, an obligation of future appropriations by the
City Council, nor a general obligation or other indebtedness or multiple - fiscal year direct or indirect
City debt or other financial obligation within the meaning of Article X, §20 of the Colorado Constitution
or other debt limitations under law.
SECTION 2
Attachment 1, Modified Project Costs attached hereto, is hereby approved and consented to.
SECTION 3
The President of the City Council is authorized and directed to execute the amendment to the
Agreement in the name of and on behalf of the City and the City Clerk shall attest same.
INTRODUCED March 22, 2004
BY Michael Occhiato
Councilperson
Background Paper for Proposed
ORDINANCE 33
AGENDA ITEM #
DATE: MARCH 22, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /CATHY GREEN
TITLE
AN ORDINANCE APPROVING AN AMENDMENT TO THE PROJECT COOPERATION
AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF PUEBLO
FOR THE ARKANSAS RIVER FISHERIES HABITAT RESTORATION PROJECT AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an amendment to the Project Cooperation Agreement with the
U.S. Army Corps of Engineers for the Arkansas River Fisheries Habitat Restoration
authorized to be undertaken by the Department of the Army Section 206 of the Water
Resources Development Act of 1996?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
The City of Pueblo entered into a project cooperation agreement (PCA) for the Arkansas
River Fisheries Habitat Restoration Project on April 8, 2002. The PCA defines the
responsibilities, cost sharing and other terms of cooperation for the Project. The Army Corps
is allowing the City to claim a portion of the cost of the sanitary sewer replacement project
($44,293), and the City's staff costs for project design and real estate acquisition ($84,651) as
part of the Real Estate acquisition costs. Additionally, the City's cost to assist in the plantings
and removal of non- native plants ($319,543) is being credited as an in -kind project cost. The
increase in the City's in -kind costs will result in a reduction in the City's cash payments to the
Army Corps by $370,950. For more details please refer to the attached Department of the
Armys March 3, 2004 letter.
FINANCIAL IMPACT
The amendment to the PCA increases the City's financial commitment as the Local Project
Sponsor to $2,582,844 for the River Habitat project. The value of the real estate provided for
the project and the funds being paid the project partners provide all but $230,000 of the local
project partner expenses. See the attached revised Arkansas River Legacy Project budget.
PCA Amendments
The term "work -in- kind" as
and General Provisions) of
dated April 8, 2002, shall
invasive plant species and
the design of the fish pas
follows:
presented in Article I.L. (Definitions
the Project Cooperation Agreement (PCA;
be amended to include the removal of
tree guard construction in addition to
sage. Article I.L. shall be amended as
"L. The term "work -in- kind" shall mean: (1) the design of a fish
passage at the Southern Colorado Power diversion structure to
allow safe navigation by small watercraft, as approved by the
South Pacific Division Engineer in a memorandum dated 5 April
2002; (2) the removal of invasive plant species; and (3) the tree
guard construction delivered and ready for use prior to the
proposed tree planting. The work -in -kind will be closely
coordinated with the U.S. Army Corps of Engineers, Albuquerque
District design team so that it can be integrated into the overall
project construction drawings and specifications. The work -in -kind
includes implementation of the authorized improvements as well as
planning, engineering, design, supervision and administration, and
other activities associated with implementation, but does not
include the implementation of betterments or the provisions of
lands, easements, rights -of -ways, relocations, or suitable borrow
and dredged or excavated material disposal areas associated with
the work -in- kind."
Article II.D.4. (Obligations of the Government and the Non - Federal
Sponsor), of the Project Cooperation Agreement (PCA) dated April
8, 2002, shall be amended to reflect that the Government has
determined that the work -in -kind is compatible with the Project
and has approved a credit in the estimated amount of $354,543 for
implementation of such work by the Non - Federal Sponsor. Article
II.D.4. shall be amended as follows:
"4. The Government has determined that the work -in -kind is
compatible with the Project and has approved a credit in the
estimated amount of $354,543 for implementation of such work by
the Non - Federal Sponsor. The affording of such credit shall be
subject to an on -site inspection by the Government to verify that
the work was accomplished in a satisfactory manner and is suitable
for inclusion in the Project. The actual amount of credit shall
be subject to an audit in accordance with Article X.C. of this
Agreement to determine reasonableness, allocability, and
allowability of costs. To afford such credit, the Government
shall apply the credit amount toward any additional cash
contribution required under paragraph D.2. of this Article. The
Non - Federal Sponsor shall not receive credit for any amounts in
excess of such additional cash contribution, nor shall the Non -
Federal Sponsor be entitled to any reimbursement for any excess
credit amount. In no event shall the Non - Federal Sponsor perform
work -in -kind that would result in either the credit afforded under
this paragraph exceeding 100 percent of the Non - Federal Sponsor's
share of total project costs or the credit afforded under this
paragraph, plus the value of lands, easements, rights -of -ways,
relocations, and suitable borrow and dredged or excavated material
disposal areas for which the Government affords credit in
accordance with Article IV of this Agreement, exceeding 35 percent
of total project costs."
IN WITNESS WHEREOF, the parties hereto have executed this
amendment to the Project Cooperation Agreement (PCA) dated April
8, 2002, which shall become effective upon the date it is signed
by the Department of the Army.
THE DEPARTMENT OF THE ARMY THE CITY OF PUEBLO, a municipal
corporation
BY: ��+.r� BY:
Dana R. Hurst Randy hurston
Lieutenant Colonel - _ City Council President
District Engineer
DATE: DATE: q
ATTESTED BY
City rk
APPROVED AS TO FORM:
Ci / ty Atto ey
a
Attachment 1
Total Project Cost . . . . . . . . . . . . . . . . . $7,379,554
Project Features
E & D . . . . . . . . . . . . . .
$
1
Construction . . . . . . . . . . .
$
3,299,365
Adaptive Management . . . . . . .
$
175,000
Tree and Shrubs Plantings . . . .
$
447,000
Supervision & Administration (S&A)
$
214,459
Contingency (10 %) . . . . . . . .
$
329,936
LERRD . . . . . . . . . . . . . .
$
877,600
Project Coordination . . . . . .
$
84,651
Work -In -Kind (WIK):
Fish Passage . . . . . . . .
$
35,000
Invasive Plant Removal. . . .
$
300,000
Tree Guards . . . . . . . . .
$
19,543
Total
$
7,379,554
Total Est Non - Federal Cost . . $2,582,844
LERRD . . . . . . . . . . . . . . . . . $ 877,600
Work -In -Kind (WIK)
Fish Passage . . . . . . . . . . . $ 35,000
Invasive Plant Removal . . . . . . $ 300,000
Tree Guards . . . . . . . . . . . $ 19
Project Coordination . . . . . . . . . $ 84,651
Subtotal $ 1,316,794
CASH . . . . . . . . . . $ 1,266,050
Non - Federal Total $ 2
Cost Share Requirements
Federal Allocations (65% Cost Share) . . . . . . . . . $4,796,710
Non - Federal Cost (35% Cost Share) . . . . . . . . . $2,582,844
Total Project Cost. . . . $7,379,554
+Y
DEPARTMENT OF THE ARMY
ALBUQUERQUE DISTRICT, CORPS OF ENGINEERS
4101 JEFFERSON PLAZA NE
ALBUQUERQUE NM 87109 -3435
0 3 MAR 2004
Planning, Project and Program
Management Division
Mr. Lee R. Evett
City Manager
City of Pueblo
1 City Hall Place
Pueblo, CO 81003
Dear Mr. Evett,
As you may be aware, we have received and are currently
evaluating contractor proposals for award of the Arkansas River
Fisheries Habitat Restoration, Pueblo, Colorado,�Section 206,
Aquatic Ecosystem Restoration Project. Based on these proposals
and updated information provided by Mr. Scott Hobson concerning
the City's costs for real estate, relocations and work -in -kind,
the estimated total project costs have changed. As discussed
with Mr. Hobson, the total project costs are now estimated to be
$7,379,554 (as_ shown on Attachment 1), an increase of $788,554
over the estimate presented in Article VI.A. (Method of Payment)
of the Project Cooperation Agreement (PCA), dated April 8, 2002.
The revised cash contribution required from the City of Pueblo is
estimated to be $1,266,050, a decrease of $370,950 from the
estimate presented in the PCA. The decrease in the City's cash
contribution is attributed to additional Non - Federal project
management and work -in -kind estimates. The PCA must be amended
to reflect the additional project costs. The changes to the PCA
are enclosed in Attachment 2.
The City's cost.for this project is 35 percent of the total
project costs. The Federal cost -share for this project is limited
by law to $5,000,000. As you can see in Attachment 1, the
estimated Federal cost is very close to this limit. If the final
project cost exceeds the Federal limit, the City must pay the
costs beyond that limit. The City's estimated cash contribution
was calculated based on the current estimates for the value of
lands, easements, rights -of -way, relocations, disposal areas
(LERRD) and work -in -kind. The City's final cash requirement may
increase or decrease upon final accounting of the value of the
LERRD and work -in -kind.
I am requesting that the City of Pueblo provide a letter
stating that the City concurs with the current cost estimate and
agrees to the amendment to the PCA. This letter is required
before we are able to award a construction contract.
Thank you for your attention to this matter. Should you
have any questions please contact me at (505) 342 -3261 or my
Project Manager, Mr. Ramon Macias, III, at (505) 342 -3326.
Sincerely,
-`� Cynthia Nielson
\ Deputy District Engineer for
Project Management
Enclosures
Project
1. Arkansas River Habitat Improvements
2. Cxeenway & Nature Center
- Environmental Education Area
- Natural Resource Restoration
- Raptor Center Improvements
Nature Trails & Interpretive Signs
3. Trail System Improvements
- Replace 6 miles of trails
- St. Charles Mesa Trail Connection
- Trail signs
- Pueblo West Trail
4. Environmental Education Sites
- Overton Wildlife Viewing Area
- Conduit Trail Area
5. Pueblo Zoo Improvements
- Colorado River Otter Exhibit
-Trail Connection From River Trail
6. Riverfront Parks & River Access
- Riverfront park
- River access points
- Kayak Course
PROJECT COST - Phase 1
Note: $1.00 = $1 million dollars
Amendment #5
Pueblo Arkansas River Corridor Project
Project Budget
CORPS
LOCO
TE21 ST. PARKS
ST. TRAILS
DOW
CITY
INatlNO COUNTY RKY. WrN. CDBG
BOWW OTHER
TOTAL
4.796 $
1.478
$ 0.124
$
OA23
$0.230
$0.323 $
0.210 $ 0.053
$
0.143
$
7.380
$
$
$
0.120
0.020
0.030
$0.035
$0.015
$0.010
$
$
$
0.015
.0.015
0.010
0.132 $
$
0.060
.
0.050
$
$
$
.0.352
0.050
0.100
$
0.137
i '0.30
$
0.017
$0.055
$
0.075 $ 0.053
OA91 $
0.007
$
0.735
$
0.035
$ 0.020
$ 0.015
$0.010
$
0.025
$
0.020
-$
$
0.025
0.100
$
0.005
$
$
0.030
0.045
$
$
0.010
0.010
$
$
0.040
0.060
$
0.175
$0.045
$
0.030
$
0.100
$
0.350
• $ 0.015 $ 0.015
4.796 $ 2.000 $ 0.30 $ 0.144 $ 0.015 $0.115 10.400 $0.323 $ 0.400 $ 0.053 $ 0.053 0.223 $ 0.335 $ 8.957
$0.10 = $100 thousand dollars $0.01= $10 thousand dollars