HomeMy WebLinkAbout2021 Ordinance No. 023
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BY AUTHORITY
ORDINANCE NO. 23 COUNCIL BILL NO. 20
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
COLORADO DEPARTMENT OF TRANSPORTATION (CDOT)
AND THE CITY OF ENGLEWOOD, COLORADO REGARDING
REHABILITATION AND WIDENING OF THE DARTMOUTH
AVENUE BRIDGE OVER THE SOUTH PLATTE RIVER.
WHEREAS, the Dartmouth Avenue Bridge was originally built in 1965 after
the South Platte River flood and has been in constant use since that time;
WHEREAS, CDOT has classified the bridge as functionally obsolete due to
roadway topping slab and asphalt surface deterioration, the sidewalk and approach
railings being too narrow to carry current and future traffic loads, and deterioration
of critical components such as expansion joints, guard rails and water inlets;
WHEREAS, the proposed rehabilitation and widening will meet CDOT and
AASHTO standards for improved vehicular, pedestrian and bicycle safety;
WHEREAS, the City Council approved Resolution No. 43, Series of 2015,
authorizing $1,500,000 in matching funds for the bridge rehabilitation project;
WHEREAS, the City entered into an IGA with CDOT, Ordinance #8, Series
of 2018, through which the City accepted $1,391,544.00, an amount equal to 80%
of the cost of the Dartmouth Avenue Bridge project, and agreed to encumber 20%
of matching funds in the amount of $347,886.00 dollars;
WHEREAS, the City entered into a first amendment to the IGA with CDOT
by the passage of Ordinance No. 56, Series of 2020 which increased the total budget
from $1,739,430.00 to $3,339,430.00, which added additional federal funds of
$1,440,000.00, and increased matching funds to $160,000.00;
WHEREAS, the Special Highway Committee of the Colorado Municipal
League has recently awarded an additional $229,258.00 to the City to provide 80%
of the cost for bridge improvements to the Dartmouth Avenue Bridge at South Platte
River Drive; and
WHEREAS, such award from the Special Highway Committee of the
Colorado Municipal League requires the City to amend the 2018 IGA to provide for
accepting the grant funds from the Special Highway Committee of the Colorado
Municipal League and encumbering 20% matching funds in the amount of $57,
315.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
DocuSign Envelope ID: AF9A5C7C-D872-4C0F-AACA-DD6AD3C2D2F2
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Section 1. The City Council of the City of Englewood, Colorado, hereby
authorizes a second amendment to the Intergovernmental Agreement with the
Colorado Department of Transportation for the Rehabilitation and Widening of the
Dartmouth Avenue Bridge over the South Platte River, originally adopted by and
through Ordinance # 8, Series of 2018, as follows:
a) Increase Total Budget from $ $3,339,430 to $3,626,003.00;
b) Add Federal BRO Funds of $229,258.00;
c) Add Local HSIP Match of $57,315.00; and
d) Replace Exhibit C-4, Funding Provisions, in its entirety with Exhibit C-5
(attached hereto and incorporated herein).
Section 2. The Mayor and the City Clerk are hereby authorized to sign and
attest said Intergovernmental Agreement, on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 17th day of May,
2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper
on the 20th day of May, 2021.
Published as a Bill for an Ordinance on the City’s official website
beginning on the 19th day of May, 2021 for thirty (30) days.
Read by Title and passed on final reading on the 7th day of June, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 23,
Series of 2021, on the 10th day of June, 2021.
Published by title on the City’s official website beginning on the 9th day of
June, 2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following
final passage.
Linda Olson, 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. 23, Series of 2021.
Stephanie Carlile
DocuSign Envelope ID: AF9A5C7C-D872-4C0F-AACA-DD6AD3C2D2F2
OLA #: 331001711
Routing #: 18-HA1-XC-00047-M0001
Additional PO Reference: 400000897, 400001121
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Rev. 12/09/2016
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STATE OF COLORADO AMENDMENT
Amendment #: 2 Project #: BRO M395-017 (22124)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
18-HA1-XC-00047-M0001
Local Agency
CITY OF ENGLEWOOD
Original Agreement Routing Number
18-HA1-XC-00047
Agreement Maximum Amount
$3,626,003.00
Agreement Performance Beginning Date
The later of the effective date or June 08, 2018
Initial Agreement expiration date
June 07, 2028
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:_____________________
DocuSign Envelope ID: AF9A5C7C-D872-4C0F-AACA-DD6AD3C2D2F2
OLA #: 331001711
Routing #: 18-HA1-XC-00047-M0001
Additional PO Reference: 400000897, 400001121
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 this contract for the bridge rehabilitation and widening of the Dartmouth Bridge over
the Platte River.The parties now wish to amendment the contract to increase total funding to $3,626,003.00,
update the Funding Provisions (through a new Exhibit C-5).
5) MODIFICATIONS
a) Increase Total Budget from $3,339,430.00 to $3,626,003.00
b) Add Federal BRO Funds of $229,258.00
c) Add Local BRO Match of $57,315.00
d) Replace Exhibit C-4, Funding Provisions, in its entirety with Exhibit C-5
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: AF9A5C7C-D872-4C0F-AACA-DD6AD3C2D2F2
Exhibit C-5 – Page 1 of 2
EXHIBIT C-5 – FUNDING PROVISIONS BRO M395-017 (22124)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $3,626,003.00, which is to be funded as follows:
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 milestones are achieved will not be reimbursable.
1. BUDGETED FUNDS
a. Federal Funds
(80% of Participating BRO Funds)
b. Local Agency Matching Funds (20%
of Participating BRO Funds)
c. Federal Funds
(90% of HSIP Funds)
d. Local Agency Matching Funds
(10% of HSIP Funds)
$1,620,802.00
$405,201.00
$1,440,000.00
$160,000.00
TOTAL BUDGETED FUNDS
$3,626,003.00
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Federal Award Date: See Below
c. Amount of Federal Funds Obligated: $310,738.00
d. Total Amount of Federal Award: $3,060,802.00
e. Name of Federal Awarding Agency: FHWA
f. CFDA Number CFDA 20.205
g. Is the Award for R&D? No
h. Indirect Cost Rate (if applicable) N/A
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $3,060,802.00
b. State Funds Budgeted $0.00
c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $3,060,802.00
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount $3,626,003.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109
$0.00
Net to be encumbered as follows: $3,626,003.00
Note: Only $368,778.00 in Design funds are currently not available. Additional Design and Construction funds will
become available after execution of an Option Letter (Exhibit B) or formal amendment.
WBS Element 22124.10.30 Performance Period Start*/End Date
12/06/2017 – 1/31/2022
Design 3020 $368,778.00
WBS Element 22124.20.10 Performance Period Start*/End Date
09/13/2019 – 03/31/2023
Const.
3301
$0.00
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Exhibit C-5 – Page 2 of 2
B. Matching Funds
The matching ratio for the federal participating funds for this Work is (80.00% federal-aid funds to 20.00%
Local Agency matching funds (BRO) - $2,026,003) and (90.00% federal funds to 10.00% Local Agency
matching funds (HSIP) - $1,600,000), it being understood that such ratios apply only to the BRO $2,026,003
/ HSIP $1,600,000 that is eligible for federal participation; it being further understood that all non-participating
costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds
$3,626,003.00 and additional federal funds are made available for the Work, the Local Agency shall pay 20%
of all such costs eligible for federal participation 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 $3,626,003.00, then the amounts of Local Agency and federal-aid funds
will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be
at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $3,060,802.00 (For CDOT
accounting purposes, the federal funds of $3,060,802.00 and the Local Agency matching funds of $565,201 will
be encumbered for a total encumbrance of $3,626,003.00), unless such amount is increased by an appropriate
written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed
by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on
the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award.
The maximum amount payable shall be reduced without amendment when the actual amount of the Local
Agency’s awarded contract is less than the budgeted total of the federal participating funds and the Local
Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option
Letter as described in Section 7. E. of this contract.
The maximum amount payable shall be reduced without amendment when the actual amount of the Local
Agency’s awarded contract is less than the budgeted total of the federal participating funds and the Local
Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option
Letter as described in Section 7. E. of this contract.
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 C.F.R. 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: AF9A5C7C-D872-4C0F-AACA-DD6AD3C2D2F2