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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