HomeMy WebLinkAbout2022 Ordinance No. 024
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BY AUTHORITY
ORDINANCE NO. 24 COUNCIL BILL NO. 24
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO
DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF
ENGLEWOOD FOR THE RECONSTRUCTION OF THE
BROADWAY/US 285 INTERCHANGE PROJECT #STU 2854-145 (23553)
WHEREAS, on May 18, 2020 the Englewood City Council approved Ordinance No. 20
Series 2020, authorizing an Intergovernmental Agreement with the Colorado Department of
Transportation (CDOT) for the reconstruction of the Broadway/US 285 Interchange Project
(IGA); and
WHEREAS, under the terms of the IGA, the total project cost was estimated at
$9,500,000.00, with federal funds required to pay for 80% of the project in the amount of
$7,600,000.00; with the City of Englewood contributing 11.58% in matching funds in the
amount of $1,100,000.00 from the Public Works Department’s Public Improvement Fund 30-
1001 100-02; and 8.42% in State Matching Funds in the amount of $800,000.00; and
WHEREAS, the total estimated project cost has increased by $2,300,000.00 from
$9,500,000.00 to a new total budget amount of $11,800,000.00; and
WHEREAS, the parties desire to amend the IGA to reflect the increase in project costs
and to include a provision funding the $2,300,000.00 with Regional Priority Program funds with
a matching ratio of 80% federal funds in the amount of $1,840,00.00 to 20% state funds in the
amount of $460,000.00; and
WHEREAS, the passage of this Ordinance will authorize the Colorado Department of
Transportation (CDOT) to release the federal funds in the amounts specified above for the
reconstruction of the South Broadway and US 285 Interchange.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
First Amendment to the Intergovernmental Agreement entitled Reconstruction of the Broadway
US 285 Interchanges # STU 2854-145 (23553) a copy of which is marked as “Exhibit A” and
attached hereto.
DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386
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Section 2. The Mayor is hereby authorized to sign and accept Federal Funds
administered through the Colorado Department of Transportation for and on behalf of the City of
Englewood, Colorado, attached hereto as Exhibit A.
Introduced, read in full, and passed on first reading on the 18th day of April, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st
day of April, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 20th
day of April, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 2nd day of May, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 24, Series of 2022,
on the 5th day of May, 2022.
Published by title on the City’s official website beginning on the 4th day of May, 2022 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. 24, Series of 2022.
Stephanie Carlile
DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386
PO # / OLA #: 400001350 / 331002116
Routing #: 20-HA1-XC-03044-M0002
Document Builder Generated
Rev. 12/09/2016
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STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: STU 2854-145 (23553)
SIGNATURE AND COVER PAGE
State Agency Department of Transportation Amendment Routing Number 20-HA1-XC-03044-M0002
Local Agency
CITY OF ENGLEWOOD
Original Agreement Routing Number
20-HA1-XC-03044
Agreement Maximum Amount $11,800,000.00 Agreement Performance Beginning Date
The later of the effective date or June 24, 2020
Initial Agreement expiration date
March 24, 2030
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
Stephen Harelson, P.E., Chief Engineer
Date:
LOCAL AGENCY
CITY OF ENGLEWOOD
Signature
By: (Print Name and Title)
Date:
LOCAL AGENCY
(2nd Signature if Necessary)
Signature
By: (Print Name and Title)
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
By:
Department of Transportation
Effective Date:
Othoniel Sierra, Mayor Stephanie Carlile, City Clerk
DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386
PO # / OLA #: 400001350 / 331002116
Routing #: 20-HA1-XC-03044-M0002
Document Builder Generated
Rev. 12/09/2016
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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 a contract June 24, 2020, for the reconstruction of interchange US-285 and South
Broadway in Englewood, CO. Now the parties agree to amend the contract total amount by increasing the total
budgeted funds and updating the funding provisions.
5) MODIFICATIONS
1.) Increase the total budgeted amount by $2,300,000.00 from $9,500,000.00 to a new total budget amount of
$11,800,000.00.
2.) Add RPP Funds with the Federal portion of the RPP funds at $1,840,000.00 and the State portion of RPP
funds at $460,000.00 for a total RPP Funds of $2,300,000.00.
3.) Replace Exhibit C-1 in its entirety with Exhibit C-2.
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
DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386
Exhibit C-2 - Page 1 of 2
EXHIBIT C-2 - FUNDING PROVISIONS
City of Englewood; Project #: STU 2854-145 (23553)
A. Cost of Work Estimate
The Local Agency has estimated the total budgeted amount to be $11,800,000.00, which is to be funded
as follows:
1. BUDGETED FUNDS
a. Federal Funds
(80.00% of Award)
$7,600,000.00
b. Local Agency Matching Funds
(11.58% of Award)
$1,100,000.00
c. State Matching Funds
(8.42% of Award)
$800,000.00
d. Federal RPP Funds
(80.00% of Award)
$1,840,000.00
e. State RPP Funds
(20.00% of Award)
$460,000.00
TOTAL BUDGETED FUNDS $11,800,000.00
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA
c. CFDA # Highway Planning and Construction CFDA 20.205
d. Is the Award for R&D? No
e. Indirect Cost Rate (if applicable) N/A
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $9,440,000.00
b. State Funds Budgeted $1,260,000.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $10,700,000.00
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount $11,800,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $11,800,000.00
Note: Only $1,900,000.00 in Design funds are currently available. Additional Design and Construction
funds will be added when they become available by either an option letter or formal amendment.
WBS Element 23553.10.30 Performance Period Start*/End Date Design 3020 $1,900,000.00
10/29/2020 / 10/31/2023
WBS Element 23553.20.10 Performance Period Start*/End Date Const. 3301 $0.00
TBD – TBD
DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386
Exhibit C-2 - Page 2 of 2
*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. Matching Funds
The matching ratio for the federal funds for this Work is 80.00% federal funds to 11.58% Local Agency
funds to 8.42% State Funds and this ratio applies only to the $9,500,000.00 that is eligible for federal funding.
The RPP Funds of $2,300,000.00 will have a matching ratio of 80.00% Federal Funds to 20.00% State
Funds. All non-participating costs are borne by the Local Agency at 100%. If the total cost of performance of
the Work exceeds $11,800,000.00, and additional federal funds are made available for the Work, the Local
Agency shall pay 11.58% of all such costs eligible for federal funding and 100% of all non-participating
costs. If additional federal funds are not made available, the Local Agency shall pay all such excess costs.
If the total participating cost of performance of the Work is less than $11,800,000.00, then the amounts of
Local Agency, state and federal 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 $10,700,000.00. For
CDOT accounting purposes, the federal funds of $7,600,000.00, Local Agency Matching funds of
$1,100,000.00, State Matching Funds of $800,000.00, and $2,300,000.00 in RPP funds will be
encumbered for a total encumbrance of $11,800,000.00, unless this amount is increased by an appropriate
written modification to the Agreement 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 Amendment,
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 federal funds, 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 7. E. of this contract. This applies to the entire scope of Work.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 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) see also, 49 CFR 18.20
through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving
federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific
audit shall be performed. This audit will examine the “financial” procedures and processes for
this program area.
iii. Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 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.
DocuSign Envelope ID: 77215729-5A20-4003-A8D0-EFEA660C4386