HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/06/2017 - ITEMS RELATING TO THE MULBERRY STREET/STATE HIGHWAAgenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY June 6, 2017
City Council
STAFF
Kyle Lambrecht, Civil Engineer
Dean Klingner, Engineer & Capital Project Manager
Link Mueller, Utilities Special Projects Manager
SUBJECT
Items Relating to the Mulberry Street/State Highway 14 Bridge over the Poudre River.
EXECUTIVE SUMMARY
A. Resolution 2017-050 Authorizing the Mayor to Execute a Contract Amendment to the Intergovernmental
Agreement Between the City and the Colorado Department of Transportation for Construction of the
Mulberry Street Bridge Across the Poudre River.
B. First Reading of Ordinance No. 071, 2017, Appropriating Unanticipated Revenue in the Wastewater Fund
for the State Highway 14 Bridge over the Poudre River Project.
The purpose of this item is to reconcile the City’s financial contribution to the Colorado Department of
Transportation’s (CDOT) State Highway (SH) 14 Bridge over the Poudre River Project. The original
Intergovernmental Agreement (IGA) estimated a base project cost of $1,210,000, excluding a $100,000 credit
for work to be performed by the City. This Contract Amendment will amend the existing IGA between the City
and CDOT to reflect a final reimbursement amount of $1,155,885, the actual cost of the improvements
excluding project credits. This item will also appropriate $83,044 into the Wastewater Fund for work performed
by the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2009, CDOT initiated a project to reconstruct the existing Mulberry Bridge spanning the Poudre River.
The goals for the project included additional travel lanes, multimodal facilities, and lengthening/raising the
bridge to better protect it from flooding. In addition, roadway and multimodal improvements were included
along Mulberry Street from Lemay Avenue to Riverside Avenue. Minimal urban design features were identified
as part of the original CDOT plans.
The City recognized an opportunity to collaborate with CDOT to enhance the new bridge and Mulberry Street
through the addition of urban design treatments, irrigated landscape improvements, and frontage
improvements along the City’s Mulberry Water Reclamation Facility. These improvements would be
constructed by CDOT and funded by the City. The urban design treatments and irrigated landscape
improvements would be funded with 2013/2014 City Budget and Keeping Fort Collins Great (KFCG) funds,
while the frontage improvements would be funded through a combination of Wastewater, Street Oversizing,
and General Transportation funds.
Agenda Item 7
Item # 7 Page 2
Resolution 2015-096 authorized the City to enter into an Intergovernmental Agreement (IGA) with CDOT. The
purpose of the IGA was to define the improvements eligible for reimbursement, outline long term maintenance
responsibilities, and identify an estimated reimbursement amount for the improvements. City and CDOT staff
estimated the base cost for the reimbursable improvements to be $1,210,000. This value was developed
using construction costs for similar styled and scaled improvements. A $100,000 credit was included in the
IGA for the City to relocate of an existing security gate at the Mulberry Water Reclamation Facility and to
relocate existing City traffic fiber lines. The total City reimbursement amount to CDOT as identified by the
original IGA was $1,110,000.
Once construction was completed, City staff worked with CDOT staff to reconcile the City’s reimbursement
amount using actual CDOT construction costs for the work. Actual CDOT construction costs for City
improvements were $1,155,885. As opposed to including a credit in the final reimbursement amount, CDOT
instead issued a direct payment to the City for $83,044, the cost for the City to relocate the security gate and
traffic fiber lines.
This item will amend the existing IGA between the City and CDOT to reflect a reimbursement amount of
$1,155,885.26, the actual cost of the improvements excluding project credits. This item will also appropriate
$83,044.27 into the Wastewater Fund for work performed by the City. These funds, considered unanticipated
revenue, will ultimately be reimbursed to CDOT. The net result of this item is a savings to the City of
$37,159.01.
CITY FINANCIAL IMPACTS
The City of Fort Collins will reimburse CDOT for urban design and frontage improvements constructed as part
of the State’s SH 14 Bridge over the Poudre River Project. The following summarizes the reimbursement:
Estimated Actual Difference
Base Project Cost $1,210,000 $1,155,885 ($54,115)
Original IGA Credit ($100,000) $0 $100,000
Unanticipated Revenue
Reimbursable to CDOT
$0 ($83,044) ($83,044)
Total Net Project Cost $1,110,000 $1,072,811 ($37,159)
The net result is a savings to the City.
BOARD / COMMISSION RECOMMENDATION
Boards and commissions were not contacted for comments on this item.
PUBLIC OUTREACH
The City and CDOT coordinated on public outreach throughout the project. The City conducted a joint public
open house meeting with CDOT prior to the beginning of construction, met individually with impacted business
owners, conducted stakeholder meetings, developed project press releases, and provided project updates to
both CDOT and City project websites.
ATTACHMENTS
1. Location map (PDF)
2. Resolution 2015-096 (PDF)
S LemayAve
Riverside Ave
SH 14 / E Mulberry St
E Myrtle St
Endicott St
Cowan St
Colorado St
Hoffman Mill Rd
E Magnolia St
Lesser Dr
W
oodward Way
State Highway 14 Bridge over the Poudre River
Project Location Map
0 100 200 400 600 800
Feet
³ 1:4,000 Legend
Project Location
SH14 Bridge
Poudre River
ATTACHMENT 1
ATTACHMENT 2
-1-
RESOLUTION 2017-050
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION
OF THE MULBERRY STREET BRIDGE ACROSS THE POUDRE RIVER
WHEREAS, Resolution 2015-096 approved the execution of an intergovernmental
agreement between the City and the Colorado Department of Transportation (“CDOT”)
regarding CDOT’s construction of the bridge, roadway, and urban design improvements crossing
the Poudre River (collectively the “Project”) and located on Mulberry Street, also known as State
Highway 14, between Riverside Avenue and Lemay Avenue where the City and CDOT agreed
to certain urban design, landscaping, and pedestrian facility enhancements (collectively the
“Enhancements”) to the Project to be paid for by the City (the “Agreement”); and
WHEREAS, the Agreement estimated the City’s total financial contribution to CDOT for
the Enhancements to be $1,210,000; and
WHEREAS, associated with the Enhancements, the City agreed to relocate an existing
security gate at the Mulberry Water Reclamation Facility and existing City traffic fiber lines
shown to be in conflict with planned bridge improvements and CDOT agreed to apply an
estimated credit of $100,000 against the estimated $1,210,000 for such relocation (the “Credit”);
and
WHEREAS, Resolution 2015-096 estimated the City’s financial contribution to the
Enhancements, after applying the Credit, to be $1,110,000; and
WHEREAS, the actual CDOT construction costs for the Enhancements, excluding the
Credit, was $1,155,885.26; and
WHEREAS, the actual Credit amount was $83,044, which amount CDOT paid directly to
the City, will be appropriated into the Wastewater Fund by separate Ordinance; and
WHEREAS, the City Council desires to execute an amendment to the Agreement to
replace the estimated costs of the Enhancements, including the Credit, with the actual costs of
the Enhancements, excluding the Credit, and further authorizing staff to reimburse CDOT
consistent with the Agreement, and the amendment thereto (the “Amendment”).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. The City Council hereby authorizes the Mayor to execute the Amendment
to the Agreement between the City and CDOT, substantially in the form attached hereto as
-2-
Exhibit “A,” together with such modifications and additions as the City Manager, in consultation
with the City Attorney, determines necessary and appropriate to protect the interests of the City
or further the purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of June, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
OLA #: 331001397
Routing #: 15-HA4-XC-00136-M0001
Page 1 of 3
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: 18085
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
15-HA4-XC-00136-M0001
Contractor
CITY OF FORT COLLINS
Original Agreement Routing Number
15-HA4-XC-00136
Agreement Maximum
Amount
Initial term
State Fiscal Year
Extension terms
State Fiscal Year
State Fiscal Year
State Fiscal Year
State Fiscal Year
Total for all state fiscal years
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Agreement Performance Beginning Date
The later of the effective date or November 17,
2015
Initial Agreement expiration date
Completion and final acceptance of the Project
by the State, FHWA and the Local Agency.
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.
CONTRACTOR
CITY OF FORT COLLINS
____________________________________________
By: ,
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Shailen P. Bhatt, Executive Director
___________________________________________
Joshua Laipply, P.E., Chief Engineer
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:_________N/A__________________________________
Department of Transportation
Effective Date:_____________________
EXHIBIT A
OLA #: 331001397
Routing #: 15-HA4-XC-00136-M0001
Page 2 of 3
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 Contractor 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 Contractor for any Work performed or
expense incurred under this Amendment either before or after of 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
A. The Parties entered into the Agreement for replacing a structurally deficient bridge on State Highway 14
(Mulberry Street) over the Poudre River in Fort Collins as part of the Colorado Bridge Enterprise (CBE).
B. The Parties now desire to delete and replace Section 4. and Section 5. in Exhibit A in their entirety. This
will update Local Agency, Total Funds, and not to exceed amounts.
C. The Parties now desire to delete Exhibit A in its entirety. This will be replaced with Exhibit A-1 with an
updated Fort Collins not to exceed reimbursement amount.
5) MODIFICATIONS
Section 4. Project Funding Provisions
Section 4. is removed and replaced in its entirety with:
A. The Local Agency has estimated the total cost of the work and is prepared to provide the funding for the
work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract
and to expend its funds for the project. A copy of this ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
B. The Local Agency has estimated the total cost of the Work to be $1,155,885.26, which is to be funded as
follows:
a. Local Agency Funds $1,155,885.26
b. State Funds $ 0.00
Total Funds: $1,155,885.26
C. The maximum amount payable by the Local Agency under this contract shall be $1,155,885.26, unless
such amount is increased by an appropriate written modification to this contract executed before any increased
cost is incurred.
D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein
being made available from state sources, as applicable. Should these sources fail to provide necessary funds as
agreed upon herein, the contract may be terminated by either party, provided that any party terminating its
interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date
of such termination or which may occur as a result of such termination.
Section 5. Project Payment Provisions
Section 5. is removed and replaced in its entirety with:
A. The State shall submit invoices to the City as a lump sum cost. Invoices shall be in proportion to the work
completed. The $1,155,885.26 is a not to exceed value.
OLA #: 331001397
Routing #: 15-HA4-XC-00136-M0001
Page 3 of 3
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no
later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State
within 60 days of demand or within such other period as may be agreed between the parties hereto, the
Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount
from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such
funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State
Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days
after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per
month on the amount of the payment which was not made in a timely manner, until the billing is paid in
full. The interest shall accrue for the period from the required payment date to the date on which payment
is made.
C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred
relative to the project. The State’s invoices shall include a description of the amounts of services performed, the
dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared
in accordance with the State’s standard policies, procedures and standardized billing format.
Exhibit A-1
Exhibit A-1 contains the Scope of Work. Exhibit A is removed and replaced in its entirety with Exhibit A-1
attached hereto and incorporated herein by reference. Upon execution of this Amendment, all references in the
Agreement to Exhibit A will be replaced with Exhibit A-1.
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.
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-1-
ORDINANCE NO. 071, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE WASTEWATER FUND
FOR THE STATE HIGHWAY 14 BRIDGE OVER THE POUDRE RIVER PROJECT
WHEREAS, in 2009, the Colorado Department of Transportation (“CDOT”) initiated a
project to reconstruct the existing Mulberry Bridge spanning the Poudre River (the “Project”);
and
WHEREAS, the City recognized an opportunity to collaborate with CDOT to enhance
the new bridge and Mulberry Street through the addition of urban design treatments, irrigated
landscape improvements, and frontage improvements along the City’s Mulberry Water
Reclamation Facility (the “Enhancements”); and
WHEREAS, the Enhancements would be constructed by CDOT and funded by the City;
and
WHEREAS, Resolution 2015-96 authorized the City to enter into an intergovernmental
agreement with CDOT, the purpose of which was to define the Enhancements eligible for
reimbursement, to outline long term maintenance responsibilities, and to identify an estimated
reimbursement amount for the Enhancements; and
WHEREAS, associated with the Enhancements, the City agreed to relocate an existing
security gate at the Mulberry Water Reclamation Facility and existing City traffic fiber lines
shown to be in conflict with planned bridge improvements and CDOT agreed to apply an
estimated credit of $100,000 against the estimated $1,210,000 for such relocation (the “Credit”);
and
WHEREAS, once construction was completed, City staff worked with CDOT staff to
reconcile the City’s reimbursement amount using actual CDOT construction costs for the
Enhancements and CDOT subsequently issued a direct payment to the City for $83,044, the
actual amount of the Credit; and
WHEREAS, this item will appropriate the revenue for the Credit payment from CDOT to
the City for $83,044 into the Wastewater Fund for the work performed by the City; and
WHEREAS, the City Council finds that expending funds from the Wastewater Fund on
the Enhancements relates to, logically connects with, and benefits the utility rate payers by
making improvements to the area around the Mulberry Water Reclamation Facility; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
-2-
WHEREAS, City staff has determined that the appropriation of the Credit described
herein will not cause the total amount appropriated in the Wastewater Fund to exceed the current
estimate of actual and anticipated revenues to be received in that fund during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from unanticipated revenue in the
Wastewater Fund the sum of EIGHTY THREE THOUSAND FORTY-FOUR DOLLARS
($83,044) for expenditure in the Wastewater Fund for the State Highway 14 Bridge over the
Poudre River Project.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2017, and to be presented for final passage on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of July, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Project #19779 Construction Total = $445,652.74
Project Summary
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Exhibit A-1, Page 3 of 3
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