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HomeMy WebLinkAbout11184Docusign Envelope ID: C434D18C-FF3E-881 E-80D2-CA1457D709F9 ORDINANCE NO. 11184 AN ORDINANCE APPROVING THE 3RD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION ("CITY"), AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"), PROJECT TAP M086-091 (24079)/MTF M086-088 (24024) FOR THE PRAIRIE AVENUE TO MINNEQUA LAKE TRAIL PROJECT, DECREASING THE FUNDING FROM $1,410,542.00 TO $1,354,010.04 AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The 3rd Amendment to the Intergovernmental Agreement ("Amendment") between the City of Pueblo, a Colorado Municipal Corporation, and State of Colorado, acting by and through the Colorado Department of Transportation (CDOT), Project: TAP M086-091 (24079)/MTF M086-088 (24024), Prairie Avenue to Minnequa Lake Trail Project, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SFCTION 2_ The Mayor is authorized to execute and deliver the Amendment in the name of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 26, 2026. Final adoption of Ordinance by City Council on June 8, 2026. DocuSignedby: auff President of City Council Docusign Envelope ID: C434D18C-FF3E-881 E-80D2-CA1457D709F9 Action by the Mayor: q Approved on 06/11/2026 ❑ 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 by: FiD;0GISigned 11",jn- City Clerk Docusign Envelope ID: C434D18C-FF3E-881 E-80D2-CA1457D709F9 City Clerk's Office Item # R1 COUNCIL MEETING DATE: June 8, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING THE 3RD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION ("CITY"), AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"), PROJECT TAP M086-091 (24079)/MTF M086-088 (24024) FOR THE PRAIRIE AVENUE TO MINNEQUA LAKE TRAIL PROJECT, DECREASING THE FUNDING FROM $1,410,542.00 TO $1,354,010.04 AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves the 3rd Amendment of an Intergovernmental Agreement ("IGA") between the City of Pueblo, a Colorado Municipal Corporation ("City") and the State of Colorado, Colorado Department of Transportation ("CDOT") relating to the Prairie Avenue to Minnequa Lake Trail Project by reducing the funding from $1,410,542.00 to $1,354,010.04. PREVIOUS COUNCIL ACTION: Ordinance 9969, final adoption by City Council on July 26, 2021, established project CI2115, approved the Intergovernmental Agreement (IGA) between the City of Pueblo and the Colorado Department of Transportation (CDOT), budgeted and appropriated funds totaling $388,000.00 for the Prairie Avenue to Minnequa Lake Trail Project. Resolution 14816, final approval by City Council on February 28, 2022, awarded an Agreement for Professional Design Services to Dibble & Associates Consulting Engineers, Inc., for engineering design services for Prairie Avenue to Minnequa Lake Trail Project. Ordinance 10307, final approval by City Council on October 24, 2022, approved the 1st Amendment to the Intergovernmental Agreement (IGA) between the City of Pueblo and Docusign Envelope ID: C434D18C-FF3E-881 E-80D2-CA1457D709F9 the Colorado Department of Transportation (CDOT), budgeted and appropriated funds totaling $1,022,542.00 for the Prairie Avenue to Minnequa Lake Trail Project. Resolution 15219, dated May 8, 2023, awarded a construction contract in the amount of $882,538.00 to Standard Concrete, Inc., for Project 23-025, Prairie Avenue to Minnequa Lake Trail, setting forth $429,004.00 for contingencies. Ordinance 10615, final approval by City Council on December 11, 2023, approved the 2nd Amendment to the Intergovernmental Agreement (IGA) between the City of Pueblo and the Colorado Department of Transportation (CDOT), to remove CDOT insurance requirements. BACKGROUND: The project includes the design and construction of an on -street and off-street trail connection from Prairie Avenue and SH45, Pueblo Boulevard, to Lake Minnequa in the City, Project M086-088 (24024) and M086-091 (24079). The project will include the design of the entire project and will include construction of a ten -foot -wide concrete multi -use trail, trailhead improvements and trail grade improvements. The project will also include lighting, crosswalk improvements, onstreet bike lanes, bollards and some grading. The project, according to the Scope of Work contained in the IGA and all amendments, has been completed. The amendment formalizes the return of the unused grant funds to the Transportation Alternatives Program and the Multimodal Option Funds Program. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this Ordinance would deny returning the funds back to the State of Colorado. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: 1. Draft AM3 Pueblo (24079 24024) 331002373 May 01, 2026 2. GRANT CERTIFICATION (signed) Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 OLA #: 331002373 Routing #: 21-HA2-XC-00024-M0005 Additional PO Reference: 400001690, 400001930 STATE OF COLORADO AMENDMENT Amendment #: 3 Project: TAP M086-091 (24079)/ MTF M086-088 (24024) SIGNATURE AND COVER PAGE State Agency Amendment Routing Number Department of Transportation 21-HA2-XC-00024-M0005 Local Agency Original Agreement Routing Number City of Pueblo 21-HA2-XC-00024 Agreement Maximum Amount Agreement Beginning Date $1,354,010.04 May 10, 2021 Agreement Expiration Date The earlier of the Amendment Effective Date or February 24, 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 Partv authorizina his or her sianature STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director D—Sigmddby:: t iu �tc.1ma 6Tth'�`Snik, P.E., Chief Engineer Date: 6/26/2026 LOCALAGENCY signed by: City of Pueblo �t✓Y By. 3assssog�scaasz...01gnature Name: Heather Graham Heather Graham Title: Mayor Mayor Date: 6/26/2026 SECOND LOCAL AGENCY SIGNATURE of Pueblo ZoocusignedQity G'�,clo By: ATTEST Name: Clyde Bishop Clyde Bishop Title: City Clerk City Clerk 6/26/2026 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. Document Builder Generated Page 1 of 3 Rev. 12/09/2016 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107B4D65 OLA #: 331002373 Routing #: 21-HA2-XC-00024-M0005 Additional PO Reference: 400001690, 400001930 STATE CONTROLLER Robert Jaros, CPA, MBA, JD oa Signed by: By. ay o�e14n wf 4='ffW6'rVMent of Transportation Amendment Effective Date: 6/26/2026 THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK Document Builder Generated Page 2 of 3 Rev. 12/09/2016 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 OLA #: 331002373 Routing #: 21-HA2-XC-00024-M0005 Additional PO Reference: 400001690, 400001930 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 originally entered into this Agreement on May 10, 2021, for Prairie Avenue to Minnequa Lake Trail improvements. Now the Parties desire to terminate the Agreement. 5) MODIFICATIONS The Parties amend the Agreement as follows: A. Reduce Agreement Maximum Amount from $1,410,542.00 to $1,354,010.04, to reflect final Project costs and invoicing; B. The Parties desire to terminate the Agreement, with the execution of this Amendment, this Agreement is now terminated; C. Replace Exhibit C-6 (Funding Provisions), with Exhibit C-7, which is attached and incorporated herein. D. Replace Exhibit D-2 (Local Agency Resolution), with Exhibit D-3, which is attached and incorporated herein. 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 3 of 3 Rev. 12/09/2016 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 Fed $ ARPA $ State $ LA Work EXHIBIT C-7 - FUNDING PROVISIONS City of Pueblo - TAP M086-091 (24079)/ MTF M086-088 (24024) A. Cost of Work Estimate The Local A ency has estimated the total cost of the Work to be $1,354,010.04, which Is to be funded as follows, TAP M086-091 (24079) a. Federal Funds (100% of TAP Award) $194,000.00 b. Federal Funds ARPA US Treasury Expenditure Category EC6 (100% of ARPA Award) $980,187.74 MTF M086-088 (24024) a. State Funds (100% of MMOF Award) $179,822.30 TOTAL FUNDS ALL SOURCES $1,354,010.04 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number (FAIN): 693JJ2233000OY306COM086091 b. Name of Federal Awarding Agency: FHWA, USDT C. Local Agency Unique Entity Identifier NJK3BNUDRHJ7 d. Assistance Listing # Highway Planning and Construction ALN 20.205 Coronavirus State and Local Fiscal Recovery Funds ALN 21.027 Surface Transportation Block Program ALN 20.287 e. Is the Award for R&D? No f. Indirect Cost Rate (if applicable) N/A g. Amount of Federal Funds Obligated by this Action: $0.00 h. Amount of Federal Funds Obligated to Date (including this Action): $1,174,187.74 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $194,000.00 b. ARPA Funds Budgeted $980,187.74 C. State Funds Budgeted $179,822.30 d. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 100% $1,354,010.04 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 0% $0.00 TOTAL PROJECT ESTIMATED FUNDING 100.00% $1,354,010.04 4. FOR CDOT ENCUMBRANCE PURPOSES Exhibit C-7 - Page 1 of 3 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 TAP M086-091 (24079) TAP Fed Funds a. Total Encumbrance Amount (Federal funds + Local Agency funds) $194,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 ARPA Fed Funds a. Total Encumbrance Amount (Only ARPA funds are encumbered) $980,187.74 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 MTF M086-091 (24024) MMOF State Funds a. Total Encumbrance Amount (Only State funds are encumbered) $179,822.30 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS 1,354,010.04 TAP Fed Funds Const. 3301 WBS Element 24079.20.10 Performance Period Start*/End Date $194,000.00 03/08/2023 — 12/31 /2025 ARPA Fed Funds Const. 3301 WBS Element 24079.20.10 MMOF State Funds Design 3020 WBS Element 24024.10.30 Const. 3301 WBS Element 24024.20.10 Performance Period Start**/End Date 11 /09/2022 — 12/31 /2026 Performance Period Start**/End Date N/A — N/A Performance Period Start**/End Date N/A — N/A $980,187.74 $84,822.30 $95,000.00 *The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones are achieved will not be reimbursable. **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. Funding Ratios The funding ratio for the Federal funds for this Work is 100% Federal & State funds to 0% Local Agency funds, and this ratio applies only to the $1,354,010.04 that is eligible for Federal & State funding. All other costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $1,354,010.04, and additional Federal & 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 $1,354,010.04, then the amounts of Local Agency and Federal & State funds will be decreased in accordance with the funding ratio described in Al. This applies to the entire scope of Work. Exhibit C-7 - Page 2 of 3 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $1,354,010.04. For CDOT accounting purposes, the federal funds of $1,174,187.74 and the State funds of $179,822.30 will be encumbered for a total encumbrance of $1,354,010.04. The total budget of this project is $1,354,010.04, 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 that any cost is subject to revisions agreed to by the parties prior to bid and award. This applies to the entire scope of Work. ARPA Funds can only originate from and after May 18, 2021. D. Single Audit ActAmendment All state and local government and non-profit organizations receiving $1,000,000 or more from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements). The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $1,000,000 If the Local Agency expends less than $1,000,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure of $1,000,000 or more -Highway Funds Only If the Local Agency expends $1,000,000 or more, in Federal funds, but only received federal Highway funds, then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure of $1,000,000 or more -Multiple Funding Sources If the Local Agency expends $1,000,000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C-7 - Page 3 of 3 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 Exhibit D-3: Local Agency Resolution ciily of "PUEBLO m;µ ...w cw florado City Clerk's Office Item # R1 Background Paper for Proposed Ordinance Docusign Envelope ID: C434D1 8C-FF3E-881 E-80D2-CA1 457D709F9 COUNCIL MEETING DATE: June 8, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING THE 3RD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION ("CITY"), AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"), PROJECT TAP M086-091 (24079)/MTF M086-088 (24024) FOR THE PRAIRIE AVENUE TO MINNEQUA LAKE TRAIL PROJECT, DECREASING THE FUNDING FROM $1,410,542.00 TO $1,354,010.04 AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves the 3rd Amendment of an Intergovernmental Agreement ("IGA") between the City of Pueblo, a Colorado Municipal Corporation ("City") and the State of Colorado, Colorado Department of Transportation ("CDOT") relating to the Prairie Avenue to Minnequa Lake Trail Project by reducing the funding from $1,410,542.00 to $1,354,010.04. PREVIOUS COUNCIL ACTION: Ordinance 9969, final adoption by City Council on July 26, 2021, established project C12115, approved the Intergovernmental Agreement (IGA) between the City of Pueblo and the Colorado Department of Transportation (CDOT), budgeted and appropriated funds totaling $388,000.00 for the Prairie Avenue to Minnequa Lake Trail Project. Resolution 14816, final approval by City Council on February 28, 2022, awarded an Agreement for Professional Design Services to Dibble & Associates Consulting Engineers, Inc., for engineering design services for Prairie Avenue to Minnequa Lake Trail Project. Ordinance 10307, final approval by City Council on October 24, 2022, approved the 1st Amendment to the Intergovernmental Agreement (IGA) between the City of Pueblo and Exhibit D-3: Page 1 of 4 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 the Colorado Department of Transportation (CDOT), budgeted and appropriated funds totaling $1,022,542.00 for the Prairie Avenue to Minnequa Lake Trail Project. Resolution 15219, dated May 8, 2023, awarded a construction contract in the amount of $882,538.00 to Standard Concrete, Inc., for Project 23-025, Prairie Avenue to Minnequa Lake Trail, setting forth $429,004.00 for contingencies. Ordinance 10615, final approval by City Council on December 11, 2023, approved the 2nd Amendment to the Intergovernmental Agreement (IGA) between the City of Pueblo and the Colorado Department of Transportation (CDOT), to remove CDOT insurance requirements. BACKGROUND: The project includes the design and construction of an on -street and off-street trail connection from Prairie Avenue and SH45, Pueblo Boulevard, to Lake Minnequa in the City, Project M086-088 (24024) and M086-091 (24079). The project will include the design of the entire project and will include construction of a ten -foot -wide concrete multi -use trail, trailhead improvements and trail grade improvements. The project will also include lighting, crosswalk improvements, onstreet bike lanes, bollards and some grading. The project, according to the Scope of Work contained in the IGA and all amendments, has been completed. The amendment formalizes the return of the unused grant funds to the Transportation Alternatives Program and the Multimodal Option Funds Program. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this Ordinance would deny returning the funds back to the State of Colorado. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: 1. Draft AM3 Pueblo (24079 24024) 331002373 May 01, 2026 2. GRANT CERTIFICATION (signed) Exhibit D-3: Page 2 of 4 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 ORDINANCE NO. 11184 AN ORDINANCE APPROVING THE 3RD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION ("CITY"), AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"), PROJECT TAP M086-091 (24079)/MTF M086-088 (24024) FOR THE PRAIRIE AVENUE TO MINNEQUA LAKE TRAIL PROJECT, DECREASING THE FUNDING FROM $1,410,542.00 TO $1,354,010.04 AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The 3rd Amendment to the Intergovernmental Agreement ("Amendment") between the City of Pueblo, a Colorado Municipal Corporation, and State of Colorado, acting by and through the Colorado Department of Transportation (CDOT), Project: TAP M086-091 (24079)/MTF M086-088 (24024), Prairie Avenue to Minnequa Lake Trail Project, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SFCTION 2_ The Mayor is authorized to execute and deliver the Amendment in the name of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 26, 2026. Final adoption of Ordinance by City Council on June 8, 2026. DocuSignedby: auff President of City Council Exhibit D-3: Page 3 of 4 Docusign Envelope ID: 7181 F075-B215-86E3-8090-48EA107134D65 Action by the Mayor: q Approved on 06/11/2026 ❑ 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. ATTEST by: FiD;0GISigned 11",jn- City Clerk President of City Council Exhibit D-3: Page 4 of 4