HomeMy WebLinkAbout08271ORDINANCE NO. 8271
AN ORDINANCE APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND
THE COLORADO DEPARTMENT OF TRANSPORTATION
(CDOT) RELATING TO CDOT PROJECTS IN THE STATE
HWY 50 CORRIDOR BETWEEN MORRIS AVENUE AND
FORTINO BOULEVARD TO WILLS BOULEVARD AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A Memorandum of Understanding, a copy of which is attached hereto, after
having been approved as to form by the City Attorney, by and between Pueblo, a
Municipal Corporation and the Colorado Department of Transportation is hereby
approved.
SECTION 2.
The President of the City Council is hereby authorized to execute the said
Memorandum of Understanding on behalf of Pueblo, a Municipal Corporation, and the
City Clerk shall affix the seal of the City thereto and attest the same.
INTRODUCED: September 27, 2010
BY: Vera Ortegon
COUNCILPERSON
PASSED AND APPROVED: October 12, 2010
Background Paper for Proposed
ORDINANCE
DATE: SEPTEMBER 27, 2010 AGENDA ITEM # S-5
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PUEBLO AND THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT) RELATING TO CDOT PROJECTS IN THE STATE HWY
50 CORRIDOR BETWEEN MORRIS AVENUE AND FORTINO BOULEVARD TO
WILLS BOULEVARD AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
ISSUE
Should the City Council approve a Memorandum of Understanding with the Colorado
Department of Transportation related to CDOT projects along Hwy 50?
RECOMMENDATION
Approval of this Ordinance.
BACKGROUND
The Colorado Department of Transportation will be doing several phased projects to
widen the Highway 50 corridor from Morris Avenue and Fortino Boulevard to west Wills
Boulevard. This MOU will be applicable for all phases of the project.
FINANCIAL IMPACT
None.
City of Pueblo SH 50 — Morris/Fortino to Wills
Region 2 SAP ID• 351000069
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made thisS day of °c'+"'t"-
2010, by and between the State of Colorado for the use and benefit of THE COLORADO
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or CDOT, and
THE CITY OF PUEBLO, a Municipal Corporation, P 0 Box 1427, Pueblo, Colorado, 81003,
CDOT Vendor Number 2000036, hereinafter referred to as "the Local Agency" or "the City"
RECITALS
WHEREAS, the purpose of this Memorandum Of Understanding (MOU) is set forth the
obligations, responsibilities, and understanding of the parties in connection with CDOT projects
in the SH 50 corridor between Morris Avenue / Fortino Boulevard to Wills Boulevard,
hereinafter referred to as the "Project ", through the City of Pueblo, with respect to ownership and
maintenance responsibilities of anticipated improvements associated with the Project Corridor
NOW THEREFORE, the parties hereto agree as follows.
I. DEFINITIONS
The definitions of the following terms shall be used for interpretation when referenced in
the MOU
A. Administrative Control shall be understood to mean sole responsibility for the
following activities that are normally associated with the ownership responsibility for
a roadway• access control including approval and/or denials, development review
related to roadway impacts, utility review and coordination, any and all future
roadway improvement design and construction not identified in this MOU
B Maintenance of roadway is understood to mean sole responsibility for repair, snow
removal, rehabilitation, striping, patching, overlay, signal and sign maintenance, and
other activities normally associated with maintenance responsibility of a roadway, in
conformance with all standards and requirements that area applicable when
maintenance is preformed. Maintenance of drainage structures is understood to mean
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sole responsibility for repair, cleaning, clearing and any other activities normally
associated with the maintenance responsibility of the drainage structures.
Maintenance of traffic signals is understood to mean sole responsibility for repair,
replacement of the improvements and its components and any other activities
normally associated with the maintenance responsibility of the traffic signal.
Maintenance of lighting is understood to mean sole responsibility for repair,
replacement of the improvements and its components, payment for electricity usage,
and any other activities normally associated with the maintenance responsibility of
the lighting.
C Ownership shall be understood to mean legal ownership (full legal title and interest)
in the relevant roadway and right -of -way, and the responsibility thereof.
D Accepted plans shall be understood to mean the final plans to which CDOT and the
City agree and indicate acceptance thereon, which plans will be the official recorded
plans.
E. Final acceptance shall be understood to mean final acceptance of the each Project in
the Project Corridor by CDOT after the final punch list has been completed and after
any necessary corrective work has been preformed by each Contractor CDOT and
the City shall jointly inspect each Project prior to CDOT's final acceptance of the
project.
PROJECT DESCRIPTION
"The Project" under this MOU shall consist of phased projects to widen the SH 50
corridor from Morris Avenue / Fortino Boulevard to west Wills Boulevard through Pueblo and
all amenities and appurtenances as specified in the attached exhibits. The elements are described
in Attachment A. It is the intent of the MOU to be applicable for any of the project phases.
II. CDOT COMMITMENTS
A. The State will provide liaison with the City through the State's Region Transportation
Director, CDOT Region 2, 905 Erie Avenue, Pueblo, Colorado 81001, (719)546-
5400 Said Director will also be responsible for coordinating the State's activities
under this MOU
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III. CITY COMMITMENTS
A. The City will provide liaison with the State through the Bureau of Public
Works for the City of Pueblo, 211 E. "D" St., Pueblo, Colorado 81003,
(719)553 -2295
IV GENERAL PROVISIONS
A. This MOU may be subject to such modifications as may be required by
changes in federal or State law, or their implementing regulations In the
event of such changes in federal or state law, the parties will confer for the
purposes of negotiating mutually acceptable amendments to this contract.
Except as provided above, no modification of this contract shall be effective,
however, unless agreed to in writing by both parties in an amendment to this
contract that is properly executed an approved in accordance with applicable
law
B To the extent that this MOU may be executed and performance of the parties
may be accomplished within the intent of the MOU, the terms of this MOU
are severable, and should any term or provision hereof be declared invalid or
become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other term or provision hereof. The waiver of any breach
of a term hereof shall not be construed as a waiver of any other term, or the
same term upon subsequent breach.
C This MOU is intended as the complete integration of all understandings
between the parties at this time. No prior or contemporaneous addition,
deletion, or other amendment hereto shall have any force or affect whatsoever,
unless embodied herein by writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written agreement executed and approved pursuant to
the State Fiscal Rules. In the event of such change, parties will confer for the
purposes of negotiating mutually acceptable amendments to this contract.
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D Except as herein otherwise provided, this MOU shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
E. The term of this MOU shall begin the date first above written and shall extend until it
is either modified or terminated by written agreement of the Parties hereto
F It is expressly understood and agreed that the enforcement of the terms and conditions
of this MOU shall be strictly reserved to the parties hereto, and nothing contained in
this MOU shall give or allow any claim or right of action by any other or third person
on this MOU It is the express intention of the parties that any person or entity other
than the parties receiving services or benefits under this MOU be deemed to be an
incidental beneficiary only
G The City assures that it possesses the legal authonty to enter into this MOU The City
warrants that it has taken all actions required by its procedures, by -laws, and/or
applicable law to exercise that authonty, and to lawfully authorize its undersigned
signatory to execute this MOU
H. Nothing contained herein shall be or be construed to be a waiver by the City or State
of any immunities, benefits or conditions of the Colorado Governmental Immunity
Act, as amended.
I. Financial obligations of the City under this contract are contingent upon funds for that
purpose being duly appropriated, budgeted, and otherwise made available. Any
failure or inability of City to budget and appropriate such funds shall not constitute a
default by City
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THE PARTIES HERETO HAVE EXECUTED THIS Memorandum Of
Understanding
STATE OF COLORADO
BIL ITTER, JR. OVERNOR
City of Pueblo By (� Legal Name Name of Contracting Entity Pam Hutton for the Executive Director
Department of Transportation
2000036 By �d"1i
CDOT Vendor Number .D fice_Clerk C (5r
1
Signature of Authorized Officer
Lawrence W Atencio
President of the City Council
Print Name & Title of Authorized Officer
Page 5 of 5
Exhibit A
GENERAL
1) Unless otherwise noted in this Memorandum of Understanding (MOU), all infrastructure
being accepted by the City will be constructed to City standards.
2) City will be provided the opportunity to have inspectors on site for all portions of the
project that are anticipated to be accepted by the City for future ownership and
maintenance. Any deficient items noted by the City shall be corrected by CDOT prior to
written acceptance by the City
3) City acknowledges that the Project may have to make modifications to City streets that
intersect improvements brought about by the reconstruction of SH 50 City agrees to
allow CDOT to make these modifications to City streets in accordance with the City's
specifications, review and approval of the construction plans, inspection and formal
acceptance as stated above
4) City will retain ownership and maintenance responsibilities of all currently owned and
maintained streets, whether modified or not by this project.
5) All constructions elements of the project will comply with the applicable State and
Federal regulations. CDOT will design and construct all improvements to meet or exceed
all requirements of the Americans with Disabilities Act.
TRAFFIC SIGNALS
All traffic signals will be owned and maintain by CDOT and shall be constructed to CDOT
standards.
LIGHTING
CDOT will install, at project cost, any necessary roadway lighting. The City intends to accept
the responsibility for all roadway lighting. The City anticipates turmng all of their project
roadway lighting infrastructure over to Black Hills Corporation (or its successor) for their
ownership The non - highway roadway lighting design shall be constructed to Black Hills
Corporation (or its successors) standards and approved by the City All City -owned lighting
fixtures shall be served using un- metered, underground circuits.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
STORIVIWATER OUALITY PONDS
Neither the City nor CDOT object to intermingling storm water runoff.
All stormwater facilities for this project shall be designed to accept appropriate developed flow
calculated for each drainage basin or sub -basin in accordance with the City's Stonmwater Design
Criteria Manual.
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Exhibit A
Best Management Practices (BMP's) to protect against soil erosion and to maintain water quality
shall be constructed to meet NPDES permit requirements.
CDOT will modify, at project cost, the existing pond west of Kachina Place to meet MS4 water
quality requirements. CDOT will construct new or modify existing appurtenances, at project
cost, as required by the MS4 permitting process. Neither the City nor CDOT will maintain the
detention/water quality pond located west of Kachina Place, but it shall continue to be
maintained by Wills Land and Investment Company, LLC
The City intends to allow modification of the existing pond and appurtenances, construction of
new appurtenances, as necessary, upon review and concurrence of the concept and the
subsequent design plans.
The City will agree to maintain the storm sewer and appurtenances, newly constructed, in the
City right -of -way and State Highway 50 right -of -way, following field review and written
acceptance.
TRAILS
A pedestrian / bike trail shall be constructed by CDOT, at project cost, and shall be constructed
to City standards. The trail developed by the project will be owned and maintained by the City
The maintenance of pedestrian / bike trail and associated landscaping shall be performed by the
City
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