HomeMy WebLinkAbout11185Docusign Envelope ID: 9FDDDF11-315C-8BE3-8077-16750CFF7F6E
ORDINANCE NO. 11185
AN ORDINANCE APPROVING THE 1ST 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"), ADAMS AND JACKSON
ROUNDABOUT PROJECT SHO M086-093 (24462),
DECREASING THE FUNDING FROM $1,000,000 TO
$832,016.09 AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The 1 st Amendment to 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 (CDOT), Project: SHO M086-093 (24462), Adams and Jackson
Roundabout Project, a copy of which is attached, having been approved as to form by the City
Attorney, is hereby approved
SECTION 2.
The Mayor is authorized to execute and deliver the IGA 1st 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.
SFCTION 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: 9FDDDF11-315C-8BE3-8077-16750CFF7F6E
Action by the Mayor:
Q Approved on 06/09/2026
❑ 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 Docusignedby:
City Clerk
Docusign Envelope ID: 9FDDDF11-315C-8BE3-8077-16750CFF7F6E
City Clerk's Office Item # R2
ciily of
"PUEBLO
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Background Paper for Proposed
Ordinance
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 1ST 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"), ADAMS
AND JACKSON ROUNDABOUT PROJECT SHO M086-093 (24462),
DECREASING THE FUNDING FROM $1,000,000 TO $832,016.09 AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance approves the 1st 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
Adams and Jackson Roundabout Project by reducing the funding from $1,000,000.00
to $832,016.09.
PREVIOUS COUNCIL ACTION:
Project No. C12206 Adams Avenue and Jackson Street Roundabout Project was
established by Ordinance No. 10120, passed on February 14, 2022. The same
Ordinance also budgeted and appropriated funds in the amount of $900,000.00
received from the Colorado Department of Transportation (CDOT) under the Highway
Safety Improvement Program (HSIP) Grant.
Resolution 14860, dated April 25, 2022, authorized the transfer of $100,000.00 from
Project Account C12204 to Project Account C12206.
Resolution 15069, dated November 28, 2022, awarded an agreement for professional
engineering services in the amount of $123,014.74 to Short -Elliott -Hendrickson, Inc., for
the design of Adams Avenue and Jackson Street Roundabout.
Docusign Envelope ID: 9FDDDF11-315C-8BE3-8077-16750CFF7F6E
Resolution 15597, dated April 22, 2024, awarded a construction contract to Tony J.
Beltramo & Sons, Inc., for Project No. 24-008, Construction of Adams Avenue and
Jackson Street Roundabout.
BACKGROUND:
The intersection of Adams Avenue and Jackson Street was awarded a Highway Safety
Improvement Program (HSIP) grant from the Federal Highway Administration (FHWA)
through the Colorado Department of Transportation (CDOT). During the five-year time
period 2015 to 2019, there were ten reported accidents, of which, two were fatal
accidents, seven broadside, six property damage only and two injury accidents. FHWA
has identified roundabout construction as one of the most significant accident
countermeasure concepts. This project consists of the construction of a `Mini -
Roundabout' at the intersection of Adams Avenue and Jackson Street. The construction
components include pavement and concrete removal, excavation and embankment,
asphalt pavement with aggregate base course, concrete flatwork involving integral
coloring and stamping, storm sewer relocation, signage and pavement markings, and
traffic control.
The project, according to the Scope of Work contained
has been completed. The Amendment formalizes the
to the Highway Safety Improvements Program.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
in the IGA and all amendments,
return of the unused grant funds
Denial of this Ordinance would deny returning the funds back to the State of Colorado.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. GRANT CERTIFICATION (signed)
2. Draft AM 1 Pueblo
Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
O LA #: 331002688
Routing #: 22-HA2-XC-00014-M0002
Additional PO Reference: 400001874, 400002213
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: SHO M086-093 (24462)
SIGNATURE AND COVER PAGE
State Agency
Amendment Routing Number
Department of Transportation
22-HA2-XC-00014-M0002
Local Agency
Original Agreement Routing Number
City of Pueblo
22-HA2-XC-00014
Agreement Maximum Amount
Agreement Beginning Date
$832,016.09
March 29, 2022
Agreement Expiration Date
The earlier of the Amendment Effective Date
or January 09, 2032
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
F D—Sig-d by:
V,r.L
Keith S e anI , .E., Chief Engineer
Date: 6/24/2026
LOCALAGENCY
City of Pueblo
Signed by:
'Signature
Name:
Heather Graham
Heather Graham
Title:
Mayor
Mayor
6/24/2026
Date:
SECOND LOCAL AGENCY SIGNATURE
City of Pueblo
by:
By.
Lwcu5igned
c
'ATTEST
Name:
Clyde Bishop
Clyde Bishop
Title:
City Clerk
City Clerk
6/24/2026
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.
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Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
O LA #: 331002688
Routing #: 22-HA2-XC-00014-M0002
Additional PO Reference: 400001874, 400002213
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
O 5ignedby:
By. aas CopQr�w �s
Depa men o Transportation
Amendment Effective Date: 6/24/2026
THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK
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Rev. 12/09/2016
Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
OLA #: 331002688
Routing #: 22-HA2-XC-00014-M0002
Additional PO Reference: 400001874, 400002213
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 the Agreement on March 29, 2022, for Adams Ave and Jackson St.
Roundabout improvements. Now the Parties desire to terminate the Agreement.
5) MODIFICATIONS
The Parties desire to amend the Agreement as follows:
A. Reduce Agreement Maximum Amount from $1,000,000.00 to $832,016.09, 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-4 (Funding Provisions), with Exhibit C-5, which is attached and incorporated
herein.
D. Replace Exhibit D (Local Agency Resolution), with Exhibit D-1, 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
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Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
Fed $ LA Work
EXHIBIT C-5 - FUNDING PROVISIONS
City of Pueblo # SHO M086-093 (24462)
A. Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $832,016.09, which is
to be funded as follows:
1. FUNDING
a. Federal Funds
(90% of HSIP Award)
b. Local Agency Funds
(10% of HSIP Award)
$748,815.00
$83,201.09
TOTAL FUNDS ALL SOURCES $832,016.09
2. OMB UNIFORM GUIDANCE
a. Federal Award
Identification Number (FAIN): 693JJ22530000ZS3ECOM086093
693JJ22330000YS32COM 086093
693JJ22530000YS3000M 086093
b. Name of Federal Awarding Agency-
C. Local Agency Unique Entity Identifier
d. Assistance Listing #
Highway Planning and Construction
Highway Safety Improvement Program
e. Is the Award for R&D?
f. Indirect Cost Rate (if applicable)
g. Amount of Federal Funds Obligated by this Action-
h. Amount of Federal Funds
Obligated to Date (including this Action):
FHWA
NJK3BNUDRHJR
ALN 20.205
ALN 20.272
No
N/A
$0.00
$748,815.00
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $748,815.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 90% $748,815.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 10% $83,201.09
TOTAL PROJECT ESTIMATED FUNDING 100.00% $832,016.09
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount
(Federal funds + Local Agency funds) $832,016.09
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $832,016.09
Exhibit C-5 - Page 1 of 3
Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
Design 3020
WBS Element 24462.10.30 Performance Period Start*/End Date $117,572.16
12/14/2022 — 12/31 /2025
Const. 3301
WBS Element 24462.20.10 Performance Period Start*/End Date $714,443.93
03/05/2024 — 12/31 /2025
*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.
B. Funding Ratios
The funding ratio for the Federal funds for this Work is 90% Federal funds to 10% Local
Agency funds, and this ratio applies only to the $832,016.09 that is eligible for Federal
funding. All other costs are borne by the Local Agency at 100%. If the total cost of
performance of the Work exceeds $832,016.09, and additional Federal 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 $832,016.09, then the amounts of Local Agency
and Federal funds will be decreased in accordance with the funding ratio described in
Al. 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
$748,815.00. For CDOT accounting purposes, the Federal funds of $748,815.00 and
the Local Agency funds of $83,201.09 will be encumbered for a total encumbrance of
$832,016.09. The total budget of this funding source is $832,016.09, 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.
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:
L 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
Exhibit C-5 - Page 2 of 3
Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
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-5 - Page 3 of 3
Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
Exhibit D-1: Local Agency
Resolution
ciily of
"PUEBLO
m;µ
...w
aflorado
Background Paper for Proposed
Ordinance
Docusign Envelope ID: 9FDDDF11-315C-8BE3-8077-16750CFF7F6E City Clerk's Office Item # R2
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 1ST 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"), ADAMS
AND JACKSON ROUNDABOUT PROJECT SHO M086-093 (24462),
DECREASING THE FUNDING FROM $1,000,000 TO $832,016.09 AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance approves the 1st 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
Adams and Jackson Roundabout Project by reducing the funding from $1,000,000.00
to $832,016.09.
PREVIOUS COUNCIL ACTION:
Project No. C12206 Adams Avenue and Jackson Street Roundabout Project was
established by Ordinance No. 10120, passed on February 14, 2022. The same
Ordinance also budgeted and appropriated funds in the amount of $900,000.00
received from the Colorado Department of Transportation (CDOT) under the Highway
Safety Improvement Program (HSIP) Grant.
Resolution 14860, dated April 25, 2022, authorized the transfer of $100,000.00 from
Project Account C12204 to Project Account C12206.
Resolution 15069, dated November 28, 2022, awarded an agreement for professional
engineering services in the amount of $123,014.74 to Short -Elliott -Hendrickson, Inc., for
the design of Adams Avenue and Jackson Street Roundabout.
Exhibit D-1: Page 1 of 4
Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
Resolution 15597, dated April 22, 2024, awarded a construction contract to Tony J.
Beltramo & Sons, Inc., for Project No. 24-008, Construction of Adams Avenue and
Jackson Street Roundabout.
BACKGROUND:
The intersection of Adams Avenue and Jackson Street was awarded a Highway Safety
Improvement Program (HSIP) grant from the Federal Highway Administration (FHWA)
through the Colorado Department of Transportation (CDOT). During the five-year time
period 2015 to 2019, there were ten reported accidents, of which, two were fatal
accidents, seven broadside, six property damage only and two injury accidents. FHWA
has identified roundabout construction as one of the most significant accident
countermeasure concepts. This project consists of the construction of a `Mini -
Roundabout' at the intersection of Adams Avenue and Jackson Street. The construction
components include pavement and concrete removal, excavation and embankment,
asphalt pavement with aggregate base course, concrete flatwork involving integral
coloring and stamping, storm sewer relocation, signage and pavement markings, and
traffic control.
The project, according to the Scope of Work contained
has been completed. The Amendment formalizes the
to the Highway Safety Improvements Program.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
in the IGA and all amendments,
return of the unused grant funds
Denial of this Ordinance would deny returning the funds back to the State of Colorado.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. GRANT CERTIFICATION (signed)
2. Draft AM 1 Pueblo
Exhibit D-1: Page 2 of 4
Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
ORDINANCE NO. 11185
AN ORDINANCE APPROVING THE 1ST 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"), ADAMS AND JACKSON
ROUNDABOUT PROJECT SHO M086-093 (24462),
DECREASING THE FUNDING FROM $1,000,000 TO
$832,016.09 AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The 1 st Amendment to 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 (CDOT), Project: SHO M086-093 (24462), Adams and Jackson
Roundabout Project, a copy of which is attached, having been approved as to form by the City
Attorney, is hereby approved
SECTION 2.
The Mayor is authorized to execute and deliver the IGA 1st 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.
SFCTION 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-1: Page 3 of 4
Docusign Envelope ID: DF299C07-547A-8DE5-837E-E494D1543FD3
Action by the Mayor:
Q Approved on 06/09/2026
❑ 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 Docusignedby:
City Clerk
President of City Council
Exhibit D-1: Page 4 of 4