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File #: 23-79    Version: 1 Name:
Type: Resolution Status: Passed
File created: 11/17/2022 In control: City Council
On agenda: 6/20/2023 Final action: 6/20/2023
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A RIGHT OF ENTRY CONSTRUCTION AGREEMENT WITH NORFOLK SOUTHERN RAILWAY COMPANY AND ESTABLISHING AN ACCOUNT FOR SAID AGREEMENT FOR THE OWEN BROWN STREET RECONSTRUCTION AND SIDEWALK PROJECT. Brief Description: As part of the upcoming "Owen Brown Street Reconstruction and Sidewalk Project" the Norfolk Southern Railway Company requires a Construction Agreement and Force Account to be executed prior to any construction.
Sponsors: Jeffrey L. Anzevino
Indexes: Engineering
Attachments: 1. Owen Brown St Sidewalk Exhibit, 2. Construction Agreement, 3. Resolution No. 23-79

Title

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A RIGHT OF ENTRY CONSTRUCTION AGREEMENT WITH NORFOLK SOUTHERN RAILWAY COMPANY AND ESTABLISHING AN ACCOUNT FOR SAID AGREEMENT FOR THE OWEN BROWN STREET RECONSTRUCTION AND SIDEWALK PROJECT.

Brief Description:  As part of the upcoming “Owen Brown Street Reconstruction and Sidewalk Project” 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 “Owen Brown Street Reconstruction and Sidewalk Project” consists of installation of 1,300 feet of new concrete sidewalk along Owen Brown Street from Lennox Road to Morse Road including a section of new sidewalk and curb under the Norfolk Southern Railroad Bridge.  See Exhibit attached.

 

The Norfolk Southern Railway Construction Agreement (CA) and Force Account estimate is a document required by the railroad company to permit the City to enter the railroad’s property to construct the improvements. The Agreement officially identifies the parties involved in the project, the location and scope of the project, defines legal terms and insurance requirements, and establishes the railroad’s cost associated with the project within the Force Account estimate. The Force Account estimate is used to pay for anticipated costs incurred by Norfolk Southern during construction and includes costs for inspection, travel, administrative work, and construction engineering.  Total requested Force Account fee is $61,112.

Legal Authority for Proposed Legislation

Pursuant to Charter Section 6.04, Contracts & Purchasing:

                       Competitively bid and advertised for three consecutive weeks

                       Joint or Cooperative Purchase Program

                       Professional Services

  X                       Other.

Fiscal Impact

  X                       Currently Budgeted

                       Supplemental Appropriation Required

                       Appropriation Not Required

Does this legislation require use of an emergency clause?

                       Yes

  X                       No

Recommendation

 

Suggested Action

Staff recommends that Council approve this Construction Agreement with Norfolk Southern Railway Company in the amount of $61,112.

Submitted by,

Thomas J. Sheridan, City Manager
Bradley S. Kosco, PE, PS, City Engineer