HomeMy WebLinkAbout10410ORDINANCE NO. 10410
AN ORDINANCE APPROVING A REIMBURSEMENT
AGREEMENT BETWEEN UNION PACIFIC RAILROAD
COMPANY, A DELAWARE CORPORATION, AND THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION,
RELATING TO PRELIMINARY ENGINEERING WORK
WITH RESPECT TO THE EXISTING OVERPASS OVER
THE UNION PACIFIC RAILROAD TRACK AND PROPERTY
AT MEL HARMON DRIVE/DILLON DRIVE AND
AUTHORIZING EXECUTION THEREOF BY THE MAYOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Reimbursement Agreement Preliminary Engineering Services by and
between Union Pacific Railroad Company, a Delaware Corporation, and the City of
Pueblo, a Municipal Corporation, a copy of which is attached hereto and made part
hereof by reference, after having been approved as to form by the City Attorney, is
hereby approved. The Mayor is hereby authorized to execute said Agreement for and
on behalf of the City and the City Clerk is authorized to affix the seal of the City thereto
and attest same.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance and the attached Agreement to implement the policies
and procedures described therein.
SECTION 3.
This Ordinance shall become effective immediately upon passage and approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 27, 2023.
Final adoption of Ordinance by City Council on March 13, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on March 15, 2023 , .
□ 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
City Clerk
City Clerk's Office Item # R7
Background Paper for Proposed
Ordinance
February 27, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING A REIMBURSEMENT AGREEMENT
BETWEEN UNION PACIFIC RAILROAD COMPANY, A DELAWARE
CORPORATION, AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, RELATING TO PRELIMINARY ENGINEERING WORK
WITH RESPECT TO THE EXISTING OVERPASS OVER THE UNION
PACIFIC RAILROAD TRACK AND PROPERTY AT MEL HARMON
DRIVE/DILLON DRIVE AND AUTHORIZING EXECUTION THEREOF BY
THE MAYOR
SUMMARY:
Attached is an Ordinance approving a Reimbursement Agreement for Preliminary
Engineering Services between Union Pacific Railroad Company and the City of Pueblo
for conducting maintenance of an existing overpass over the Union Pacific Railroad's
track and property at Mel Harmon Drive/Dillon Drive.
PREVIOUS COUNCIL ACTION:
Ordinance 9205 (November 27, 2017) adopted the City of Pueblo 2018 Budget, which
budgeted $150,000.00 for the Mel Harmon Drive Bridge Overlay and Rehabilitation
project (HU1802). Ordinance 9373 (November 26, 2018) adopted the City of Pueblo
2019 Budget, which budgeted an additional $300,000.00 for the same project.
Ordinance 9618 (December 9, 2019) approved an agreement with the Colorado
Department of Transportation (CDOT), accepted a grant from Federal Highway
Administration (FHWA) in the amount of $418,701.00 and budgeted and appropriated
the grant funds into project account HU1802 - Mel Harmon Drive Bridge Overlay and
Rehabilitation.
Resolution 14714 (September 27, 2021) awarded an agreement for professional design
services in the amount of $69,921.00 to Short Elliott Hendrickson, Inc., for Project 21-
053, Engineering Design Services for Mel Harmon Bridge Overlay Project.
BACKGROUND:
The Mel Harmon Drive Bridge was constructed in 1976, and it spans along Pueblo Mall
Drive and Union Pacific Railroad tracks. Recent bridge inspection reports have
recommended rehabilitation that includes the following tasks to preserve the structure;
resurface the bridge deck, address settlement issues/mud jack slope pavement,
remove and replace noncompliant bridge railing, modify approach rails, remove and
replace damaged curb and gutter and sidewalk, remove vegetation, etc.
In 2018, the City of Pueblo was awarded a grant from the Federal Highway
Administration (FHWA) in the amount of $418,701.00 to aid in the rehabilitation of this
bridge.
The Union Pacific Railroad right-of-way extends under Mel Harmon Drive Bridge. In
order to conduct work over the railroad tracks, approval from Union Pacific Railroad is
required.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable
STAKEHOLDER PROCESS:
Not applicable
ALTERNATIVES:
Denial of this agreement will result in the City not being able to complete the necessary
work over the railroad and the repairs at the Mel Harmon Bridge being cancelled. In
addition, a portion of the work is funded by a grant received from CDOT. Failure to
approve this agreement will require funds to be returned to CDOT.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Reimbursement Agreement with Union Pacific Railroad