HomeMy WebLinkAbout08152ORDINANCE NO. 8152
AN ORDINANCE APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION
OF 1 -25 - NEW PUEBLO FREEWAY
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Memorandum of Understanding, a copy of which is attached hereto, having
been approved as to form by the City Attorney, between the City of Pueblo, a Municipal
Corporation, and the Colorado Department of Transportation, relating to the
reconstruction of 1 -25 New Pueblo Freeway within the City limits is hereby approved.
SFOTinN 9
The President of the City Council is hereby authorized to execute and deliver the
Memorandum of Understanding in the name of the City, and the City Clerk is directed to
attest same and affix the Seal of the City thereto.
INTRODUCED: February 22, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
FtE510ENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
PASSED AND APPROVED: March 8, 2010
L) 4
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -2
DATE: February 22, 2010
DEPARTMENT: PUBLIC WORKS
EARL WILKINSON P.E., DIRECTOR
TITLE
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION OF 1 -25 - NEW
PUEBLO FREEWAY
ISSUE
Should the City enter into a Memorandum of Understanding with the Colorado
Department of Transportation for reconstruction of 1 -25 New Pueblo Freeway?
Approval of Ordinance
BACKGROUND
This Ordinance is a follow -up to the Work Session presentation on February 8 2010
on the plans for reconstruction of 1 -25 New Pueblo Freeway. The Memorandum of
Understanding addresses various components of the project, including roadways,
parks, trails and drainage systems.
FINANCIAL IMPACT
This Memorandum of Understanding does not place any formal financial obligation to
the City. Subsequent Intergovernmental Agreements based on the approved alternative
and phased construction will be presented with specific financial impacts and public
benefits.
Memorandum of Understanding
Between the City of Pueblo and
Colorado Department of Transportation
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City or Pueblo
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MEMORANDUM OF
UNDERSTANDING
I -25 thru Pueblo EIS
SAP ID: 351000057
THIS MEMORANDUM, made this 2� day of Y� Pte 20 0, 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.O. Box 1427, Pueblo, Colorado, 81003, CDOT Vendor
Number 2000036, hereinafter referred to as "the Local Agency" or "the City ".
RECITALS
CDOT is preparing an Environmental Impact Statement to address the need to improve
1 -25 through Pueblo from 29 Street to Pueblo Boulevard (S.H. 45) in Pueblo, Colorado,
hereinafter referred to as the "Project; and
CDOT and the City acknowledge that the Environmental Impact Statement relies upon
understandings between CDOT and the City as to ownership and maintenance responsibilities of
anticipated improvements associated with the Project; and
CDOT and the City wish to enter into this Memorandum of Understanding to document
their respective understandings of future ownership and maintenance responsibilities for the
anticipated improvements associated with the Project in order for the Environmental Impact
Statement to be finalized; and
CDOT and the City acknowledge that neither can enter into an Intergovernmental
Agreement (IGA) at this time because there is insufficient information regarding the availability
and timing of necessary Project design and construction funding; and
CDOT and the City intend to enter into an IGA at such time as there is a commitment to
adequate Project funding to satisfy the needs of CDOT and the City. The IGA will only address
the final, preferred alternative.
In anticipation of the initiation and completion of the construction of the "Project',
CDOT and the City desire to set forth their mutual understanding of the division of ownership
Paget of 5
and responsibility for maintenance, as more specifically described in Exhibit A, and Attachment
A -1 thru Attachment A -5; and
The City is adequately staffed and suitably equipped to undertake and satisfactorily carry
out their responsibilities under this Memorandum; and
This Memorandum is executed by the State under authority of Sections § §43 -1 -106,
43 -1 -110, 43 -1 -201 et seq., 43 -2 -102 and 43 -2 -144 C.R.S., as amended; and
This Memorandum is executed by the City under the authority of an appropriate
Ordinance duly passed and adopted by the authorized representatives of the City, which also
establishes the authority under which the City enters into this Memorandum and is attached
hereto as Exhibit B and made a part hereof; and
NOW, THEREFORE, it is hereby agreed that:
1. PROJECT DESCRIPTION
"The Project" under this Memorandum shall consist of the reconstruction of 1 -25 through
Pueblo from 29` Street to Pueblo Boulevard (S.H. 45) and all amenities and appurtenances as
specified in the attached exhibits and addressed in the approved Environmental Impact Statement
which is included by reference. The Project has been narrowed to two build alternatives plus the
"no build" alternative. One of the build alternatives is referred to as the "Modified 1-25
Alignment ". The MOU elements and a pictorial representation are described in Attachment A -I
and A -3. The other build alternative is referred to as the "Existing 1 -25 Alignment ". MOU
elements and a pictorial representation are described in Attachment A -2 and A -4. It is the intent
of this Memorandum of Understanding to be applicable to either alternative ultimately selected
as the preferred alternative in the Environmental Impact Statement.
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 Memorandum.
Page 2 of 5
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 Memorandum of Understanding is subject to such modifications as may be
required by changes in Federal or State law, or their implementing regulations.
Any such required modification shall automatically be incorporated into and be
part of this Memorandum on the effective date of such change as if fully set forth
herein provided the State gives notice to the City of the specific changes in
Federal or State law or implementing regulations and the modifications required
by such change. City reserves the right to contest CDOT's interpretation and
required changes. Except as provided above, no modification of this
Memorandum shall be effective unless agreed to in writing by both parties in an
amendment to this Memorandum that is properly executed and approved in
accordance with applicable law.
B. To the extent that this Memorandum may be executed and performance of the
parties may be accomplished within the intent of the Memorandum, the terms of
this Memorandum 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 Memorandum 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 Memorandum or Intergovernmental Agreement executed and approved
pursuant to the State Fiscal Rules.
Page 3 of 5
D. Except as herein otherwise provided, this Memorandum shall inure to the benefit
of and be binding upon the parties hereto and their respective successors and
assigns.
E. The term of this Memorandum shall begin the date first above written and shall
extend until replaced by an IGA, unless earlier 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 Memorandum shall be strictly reserved to the parties hereto, and
nothing contained in this Memorandum shall give or allow any claim or right of
action by any other or third person on this Memorandum. It is the express
intention of the parties that any person or entity other than the parties receiving
services or benefits under this Memorandum be deemed to be an incidental
beneficiary only.
G. The City assures that it possesses the legal authority to enter into this
Memorandum. The City warrants that it has taken all actions required by its
procedures, by -laws, and /or applicable law to exercise that authority, and to
lawfully authorize its undersigned signatory to execute this Memorandum.
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.
Performances of City's obligations under this memorandum are expressly subject
to the appropriations of funds therefore by the City Council of the City.
Page 4 of 5
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS Memorandum Of
Understanding
STATE OF COLORADO:
B"RITTER, JR. GOVE
City of Pueblo
Legal Name of Contracting Entity
Department of Transportation
2000036 By
CDOT Vendor Number
Signature of Authorized Officer
Lawrence W. Atencio
P resident of City Council
Print Name & Title of Authorized Officer
Page 5 of 5
Exhibit A
GENERAL
I) The Environmental Impact Statement for this project contains several mitigation elements
that require use of City owned property for implementation. City intends that all city -
owned land necessary to construct environmental mitigation proposed in the EIS and
identified more specifically later in this Memorandum of Understanding will be made
available to CDOT.
2) City intends to accept ownership of various roadways, associated rights -of -ways and
other parcels by Resolution of the City Council once all public improvements required
herein by the City and associated with said parcels are completed to the satisfaction of the
City's Director of Public Works. The Director will provide written notification to City
Council accepting the construction of improvements. The Directors written notification
shall not be unreasonably withheld. City intends to become responsible for maintenance
of the above referenced improvements immediately following issuance of the Director's
written notification and City Council's resolution accepting the construction of
improvements.
3) The City requires a two year warranty on all street work. CDOT intends to require
contractors to provide a one (1) year warranty for any above referenced improvements if
the improvements are constructed as part of a design /build contract. Traditional
design/bid /build contracts typically don't provide warranties other than those contained in
the current Colorado Department of Transportation Standard Specifications for Road and
Bridge Construction dated 2005 and those that are `industry standards'. CDOT will
establish a revolving fund in order to have resources available to provide the two year
warranty the City desires.
4) Unless otherwise noted in this MOU, all infrastructure being accepted by the City will be
constructed to City standards.
5) City will be provided the opportunity to have inspectors on site on all roadways or
portions of the project that are anticipated to be accepted by the City for future ownership
and maintenance.
6) City acknowledges that the Project may have to make modifications to City streets that
intersect improvements brought about by the reconstruction of 1 -25. 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.
7) The City desires to attain ownership of some of the excess right of way generated by the
project. The final IGA will address excess rights of way.
Page 1 of 4
Exhibit A
GENERAL (continued)
8) CDOT will install, at project cost, any necessary roadway lighting. CDOT intends to
accept responsibility for interstate roadway lighting and the City intends to accept the
responsibility for all other roadway lighting. The City anticipates turning all of their
project roadway lighting infrastructure over to Black Hills Corporation (or its successor)
for their ownership. The non - interstate 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.
9) City will retain ownership and maintenance responsibilities of all currently owned and
maintained streets, whether modified or not, outside the interchange ramps /frontage roads
except for intersecting state highways (4` Street (SH96), Pueblo Blvd (SH45), US 50
Bypass & US 50C). The portion of roadway between frontage roads or ramp termini
shall be maintained by CDOT.
10) The City does not have the ability to transfer dedicated public right -of -way to CDOT.
The roadways, will remain as dedicated right -of -way for public use.
1 1) Unless otherwise noted, City intends to accept ownership and maintenance responsibility
for all structures in the table below.
Structure Description
Alternative Effected
Pedestrian Bridge from Mineral
Palace Park over 1 -25 and UPRR
Modified and Existing Alternatives
8` Street over UPRR
Modified and Existing Alternatives
Mesa Avenue over 1 -25
Existing Alternative
Mesa Avenue over 1 -25 and Santa Fe
Avenue
Modified Alternative
Northern Ave over 1- 25,UPRR and
Elm Street
Existing Alternative
Northern Ave over 1 -25, UPRR and
Santa Fe Aveune
Modified Alternative
Santa Fe Avenue over Bessemer Ditch
Modified Alternative
Stanton Avenue over Arkansas River
Modified Alternative
Existing Santa Fe Avenue over
Arkansas River for Trails stem
Modified Alternative
12) All constructions elements of the project will comply with the applicable State and
Federal regulations.
Page 2 of 4
Exhibit A
13) Corridor Aesthetics treatments will be incorporated into the project for either alternative.
The Corridor Aesthetic Treatments are depicted in Exhibit A -4.
TRAFFIC SIGNALS
All traffic signals to be either owned by the City or to be maintained by the City shall be
constructed to City standards with the exception of the traffic signal poles.
In order to maintain signal progression, the City strongly urges CDOT to allow the City to
maintain those traffic signals that fall within an existing system. For example, the downtown
signal system, US50 bypass signals, 29 Street and Santa Fe Avenue.
MS 4 STORMWATER QUALITY PONDS
Neither the City nor CDOT object to intermingling stormwater runoff.
All stormwater facilities to be sized to accept appropriate Vhi,m design flows. Best
Management Practices (BMP's) and water quality treatment facilities to be constructed to meet
NPDES permit requirements.
CDOT will construct all ponds and appurtenances as required by the MS4 permitting process.
CDOT intends to maintain the ponds and appurtenances that are associated with the operation of
the project. City, subsequent to design and construction approval, intends to maintain all ponds
and appurtenances constructed but not associated with the project. Maintenance of ponds
constructed by CDOT that accommodate both CDOT and City Stormwater will be addressed in a
separate maintenance agreement between CDOT and the City's Stormwater utility on a case by
case basis.
The City intends to allow construction and maintenance of the CDOT ponds and appurtenances
on excess City owned property, as necessary, upon review and concurrence of the concept and
the subsequent design plans.
PARKS
The warranty period for Benedict and each phase of Mineral Palace will start when the City
begins maintenance. CDOT will agree to provide a 2 year warranty on materials and
workmanship.
MINERAL PALACE PARK
1) CDOT and the City will jointly develop a phasing plan for Mineral Palace Park. The
City will begin maintaining each phase once the construction is accepted by the City.
2) In order to acquire additional land necessary for Mineral Palace Park improvements as
depicted in the EIS and Exhibit A- 1, City intends to consider eminent domain, if
necessary. CDOT intends to pay all costs of necessary additional land acquisition and all
Page 3 of 4
Exhibit A
costs associated with condemnation, including but not limited to appraisal fees, attorney
fees and cost of land.
3) CDOT intends to pay the cost of the necessary additional land acquisition.
4) City intends to grant permission to CDOT and it's contractors to enter Mineral Palace
Park, after the phasing plan has been approved, to make improvements as outlined in the
EIS and shown in Exhibit A -1.
5) City intends to grant to CDOT, use of the right -of -way within the Mineral Palace Park
ownership necessary for the improvements to 1 -25
6) City agrees that CDOT will not have any responsibility for maintaining the Mineral
Palace Park improvements constructed as part of the project.
7) CDOT intends that the improvements to Mineral Palace Park will begin prior to or
commensurate with 1 -25 improvements adjacent to the Park. City and CDOT
acknowledge that construction of the Mineral Palace Park improvements may entail
several construction projects spread out over several years.
BENEDICT PARK
1) City intends to utilize eminent domain authority, as necessary, to acquire additional land
for Benedict Park improvements as depicted in the EIS. CDOT intends to pay all costs of
necessary additional land acquisition and all costs associated with condemnation ,
including but not limited to appraisal fees, attorney fees and cost of land.
2) CDOT agrees to reconstruct Benedict Park as depicted in the EIS and Exhibits A -2 and
A -3.
3) The reconstruction of Benedict Park will be at no cost to the City.
4) City intends to convey ownership of existing Benedict Park as necessary for the I -25
improvements.
5) City intends to accept ownership and responsibility for the reconstructed Benedict Park
upon completion of the park construction.
6) Reconstruction of Benedict Park will begin prior to or commensurate with I -25
construction adjacent to the Park.
TRAILS
All trails developed by the project will be owned and maintained by the City.
Page 4 of 4
Attachment A -1
MODIFIED 1-25
ALTERNATIVE
ROADWAYS
Dillon Drive
City intends to accept ownership and maintenance of Dillon Drive with the following conditions
• CDOT will construct embankment protection and jetty construction on Fountain Creek to
comply with the City's Stormwater Utility requirements for armoring, etc The bank
section is to be constructed as if water were adjacent and perpendicular to the roadway
FEMA requirements are to be met for fill within the flood plain (roadway must meet
levee construction standards).
• CDOT will reinforce existing bank south of 29 Street with appropriate embankment and
jetty protection
Santa Fe Avenue- south ofAbriendo
The modified alignment would build a new I -25 and allow a portion of the old alignment to be
incorporated into the City s street system. The old 1 -25 would serve as the southerly extension
of Santa Fe Avenue The City intends to accept ownership and maintenance of the south
extension of Santa Fe Avenue with the following conditions
• Central Avenue to Minnequa Avenue shall be significantly modified to change the
character of the roadway from a freeway to a collector roadway City will require a large
"parkway" type median for this section of roadway Access to be provided to all existing
roadways in the Bessemer neighborhood and other improvements to include overlay of
the surface, landscaping, irrigation, drainage improvements, installation of sidewalks
and /or bike paths, etc Final design to be reviewed and approved by the City
• The proposed traffic circle at Central Avenue and Santa Fe Avenue shall be constructed
and the center island and splitter islands shall be permanently irrigated and landscaped.
• Side slopes shall not exceed 4 1 and shall be permanently irrigated and planted to control
erosion and beautify the corridor
• Roadway shall be overlaid and all traffic control devices replaced.
Page 1 of 3
Attachment A -1
• City intends to accept maintenance and ownership responsibilities of the pedestrian
underpass near Canal Street associated with the Bessemer Historical Society / Rocky
Mountain Steel
Abriendo Avenue
CDOT will reconstruct Abriendo Avenue east of Washington Avenue to a parkway standard,
including landscaping, irrigation, lighting, signing, etc City intends to accept ownership and
maintenance of the roadway west of Santa Fe Avenue.
Kelly Avenue
CDOT will acquire the right -of -way necessary for the construction of Kelly Avenue In the
event the City acquires a portion of this roadway through the use of Urban Renewal Authority
(URA) for the project, CDOT will acquire necessary rights of way from the URA CDOT will
be responsible for constructing the roadway, including sidewalk and lighting from Santa Fe
Avenue to Beech Street. City intends to accept ownership and maintenance of Kelly Avenue
Stanton Avenue
CDOT will acquire the right -of -way necessary for the construction of Stanton CDOT will be
responsible for constructing the roadway, including sidewalks and lighting. City intends to
accept ownership and maintenance of the roadway, including the bridge over the Arkansas River
Greenhorn Avenue
CDOT will acquire the right -of -way necessary for the construction of Greenhorn. CDOT will be
responsible for constructing the roadway, including sidewalks and lighting. City agrees to accept
ownership and maintenance of the roadway Greenhorn shall begin at the existing Pueblo Blvd
right -of -way east of the northbound off -ramp
26 Street
City intends to accept ownership and maintenance of 26 Street.
Locust Street
CDOT will acquire the right -of -way necessary for the construction of Locust. CDOT will be
responsible for constructing the roadway, including sidewalks and lighting. City agrees to accept
ownership and maintenance of the roadway
8 Street
CDOT will reconstruct a portion of the 8 Street bridge over the railroad and /or Fountain Creek
and will reconstruct the roadway under the new I -25 City intends to retain ownership and
maintenance of the roadway and the bridge
Northern Avenue
CDOT will acquire the right -of -way necessary for the realignment and reconstruction of
Northern Avenue. City intends to retain ownership of the roadway excluding the bridge
structure City intends to retain maintenance responsibilities for all components of the bridge
Page 2 of 3
Attachment A -1
above the deck membrane, which includes sidewalk, asphalt, striping, railing, signing and
lighting. CDOT intends to be responsible for the bridge structure deck membrane, girders, and
deck.
Mesa Avenue
CDOT will reconstruct the Mesa Avenue Bridge City agrees to accept ownership of the
roadway excluding the bridge structure City intends to retain maintenance responsibilities for all
components of the bridge above the deck membrane, which includes sidewalk, asphalt, striping,
railing, signing and lighting. CDOT intends to be responsible for the bridge structure, deck
membrane, girders, and deck.
Page 3 of 3
Attachment A -2
Existing 1-25
Alternative
ROADWAYS
Dillon Drive
City intends to accept ownership and maintenance of Dillon Drive with the following conditions
Y CDOT will construct embankment protection and jetty construction on Fountain Creek to
comply with the City's Stormwater Utility requirements for armoring, etc The bank
section is to be constructed as if water were adjacent and perpendicular to the roadway
FEMA requirements are to be met for fill within the flood plain (roadway must meet
levee construction standards).
si CDOT will reinforce existing bank south of 29 Street with appropriate embankment and
jetty protection.
26' Street
City intends to accept ownership and maintenance of 26 Street.
8' Street
CDOT will reconstruct a portion of the 8 Street bridge over the railroad and /or Fountain Creek
and will reconstruct the roadway under the new I -25 City intends to retain ownership and
maintenance of the roadway and the bridge
Kelly Avenue
CDOT will acquire the right -of -way necessary for the construction of Kelly Avenue. In the
event the City acquires a portion of this roadway through the use of Urban Renewal Authority
(URA) for the project, the City will make the right of way available for construction of Kelly
Avenue CDOT will be responsible for constructing the roadway, including sidewalk and
lighting from Santa Fe Avenue to Beech Street. City intends to own and maintain Kelly Avenue
Abriendo Avenue
CDOT will reconstruct Abriendo Avenue east of Washington Avenue to a parkway standard,
including landscaping, irrigation, lighting, signing, etc City intends to accept ownership and
maintenance of the roadway west of the I -25 interchange ramps.
Northern Avenue
CDOT will acquire the right -of -way necessary for the realignment and reconstruction of
Northern Avenue City intends to retain ownership of the roadway excluding the bridge
structure City intends to retain maintenance responsibilities for all components of the bridge
above the deck membrane, which includes sidewalk, asphalt, striping, railing, signing and
Page 1 of 2
Attachment A -2
lighting. CDOT intends to be responsible for the bridge elements below and including the deck
membrane, structures, girders, and deck.
Mesa Avenue
CDOT will reconstruct the Mesa Avenue Bridge City agrees to accept ownership of the
roadway excluding the bridge structure City intends to retain ownership of the roadway
excluding the bridge structure City intends to retain maintenance responsibilities for all
components of the bridge above the deck membrane, which includes sidewalk, asphalt, striping,
railing, signing and lighting. CDOT intends to be responsible for the bridge elements below and
including the deck membrane, structures, girders, and deck.
Greenhorn Avenue
CDOT will acquire the right -of -way necessary for the construction of Greenhorn. CDOT will be
responsible for constructing the roadway, including sidewalks and lighting. City agrees to accept
ownership and maintenance of the roadway Greenhorn shall begin at the existing Pueblo Blvd
right -of -way east of the northbound off -ramp
Page 2 of 2