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File #: 14-32    Version: 1 Name:
Type: Resolution Status: Passed
File created: 1/23/2014 In control: City Council
On agenda: 3/5/2014 Final action: 3/5/2014
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION AGREEMENT WITH NORFOLK SOUTHERN RAILWAY COMPANY; ESTABLISHING AN ACCOUNT FOR SAID AGREEMENT; AND DECLARING AN EMERGENCY. Executive Summary: As part of the upcoming "Downtown Railroad Culvert Improvement" the Norfolk Southern Railway Company requires a Construction Agreement and Force Account to be executed prior to any construction.
Sponsors: William A. Currin
Indexes: Engineering
Attachments: 1. Culvert Replacement Map, 2. Resolution No 14-32
Related files: 16-61, 14-78, 16-75
Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION AGREEMENT WITH NORFOLK SOUTHERN RAILWAY COMPANY; ESTABLISHING AN ACCOUNT FOR SAID AGREEMENT; AND DECLARING AN EMERGENCY.
Executive Summary:   As part of the upcoming "Downtown Railroad Culvert Improvement" the Norfolk Southern Railway Company requires a Construction Agreement and Force Account to be executed prior to any construction.
Body
Legislative History
There is no previous legislation.
Purpose & Explanation
The "Downtown Railroad Culvert Improvement" consists of installation of approximately 150 feet of 36" diameter culvert under the railroad tracks and 400 feet of 36" storm sewer adjacent to the Norfolk Southern railroad tracks, which ultimately connects to an existing storm sewer system off of Morse Road.  The new 36" storm sewer system will replace an existing 18" culvert under the railroad tracks that is has been determined to be too small for the amount of storm water runoff for this area.  The new 36" storm sewer will provide better drainage from the west side of the Norfolk Southern Railroad embankment between SR 303 and Owen Brown Street to the Brandywine Creek Tributary on the east.
 
The Norfolk Southern Railway Construction Agreement (CA) and Force Account Estimate is a document required by the railroad company to officially identify the parties involved in the project, the location and scope of the project, define future maintenance requirements, define insurance requirements and grant permission to enter the railroad right-of-way.  Along with the Construction Agreement, the City must also establish a Force Account to pay for anticipated costs incurred by Norfolk Southern during construction.  The fees include costs for inspection, travel, administrative work, and construction engineering.  Total requested Force Account fee is $51,262.00.  (Note: The Norfolk Southern Railway Company has agreed to reduce flagging service fees and other construction related fees at the request of the City Engineering Department.  Total reduction of fees is $18,638, previous fee total was $69,900.)
Timing Considerations
Once this Resolution is approved, the City Staff will forward the signed Construction Agreement to Norfolk Southern Railway Company and proceed with the project which is scheduled for construction in the Summer of 2014.
Fiscal Impact
      X        Currently Budgeted ($520,000-431 fund)
              Supplemental Appropriation Required
        Appropriation Not Required.
 
Recommendation
Suggested Action
Staff recommends that Council approve this Construction Agreement with Norfolk Southern Railway Company in the amount of $51,262.00.  City staff is also requesting that an emergency clause be added to the legislation in order to protect the public welfare and safety.
Submitted by,
Scott N. Schroyer, Interim City Manager
Thomas J. Sheridan, PE, PS, City Engineer