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CITY COUNCIL AGENDA ITEM NO. 24

Meeting Date: April 8, 2003

Subject/Title: Execute a New Public Highway Crossing Agreement with the Union Pacific Railroad Company for Sand Creek Road East, CIP Project No. 336-3061

Submitted by: Engineering: B. Grewal/D. Spekner

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the City Manager to execute a new Public Highway Crossing Agreement with the Union Pacific Railroad Company in the amount of $579,731.00 for Sand Creek Road East, CIP Project No. 336-3061.

PREVIOUS ACTION
On July 23, 2002, the City Council authorized the City Manager to award a Construction Contract to Top Grade Construction Company to construct the east portion of Sand Creek Road, CIP Project No. 336-3061, from east of Minnesota Avenue, across the Union Pacific Railroad tracks, to just west of Brentwood Boulevard.

On January 14, 2003, the City Council authorized the City Manager to execute a Temporary Public Highway Crossing Agreement with the Union Pacific Railroad for Sand Creek Road East, CIP Project No. 336-3061, to begin construction of the future at-grade crossing and roadway facilities within the railroad right-of-way.

BACKGROUND
Sand Creek Road is planned to be one of the major east-west connectors between Brentwood Boulevard and the Highway 4 Bypass. The new Sand Creek Road will require a new Union Pacific Railroad (UPRR) right-of-way crossing. The City has been in pursuit of the Sand Creek Road/ Union Pacific Railroad (UPRR) crossing since July 1999. In January of 2003, the City of Brentwood entered into an agreement with UPRR to construct facilities within the railroad right-of-way using a temporary crossing agreement. At that time, the City Council was informed that the permanent crossing agreement would be presented in the near future and that the railroad’s estimate for them to install the new signalized at-grade crossing facilities would be $545,408.00. However, this estimate did not include the grant of easement for the use of the at-grade crossing, which will be an additional $34,323.00. Once the City executes the agreement and pays the fees to the railroad, the railroad will execute their agreements and begin the work required for the signalized crossing. If the railroad work remains on schedule, the new Sand Creek Road will be completed from the Bypass to Brentwood Boulevard in the fall of 2003.

FISCAL IMPACT
This project has been funded through facilities fees, which are included in the existing budget as approved in this year’s Capital Improvement Program 2002/03. Per the attached exhibits, total cost for the signalized facilities is estimated at $545,408.00, and the grant of easement for the public crossing is $34,323.00, for a total fiscal impact of $579,731.00.

There may be additional easement fees for the pipeline and utility crossings required for this project. The City has requested an estimate for these fees and is still waiting to receive them from the railroad.

Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC HIGHWAY CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD IN THE AMOUNT OF $579,731.00 FOR SAND CREEK ROAD (EAST), CIP PROJECT NO. 336-3061.

WHEREAS, on July 23, 2002, the City Council authorized the City Manager to award a contract to Top Grade Construction Company to construct the east portion of Sand Creek Road, CIP Project No. 336-3061, from east of Minnesota Avenue, across the Union Pacific Railroad tracks, to just west of Brentwood Boulevard; and

WHEREAS, on January 14, 2003, the City Council authorized the City Manager to execute a Temporary Public Highway Crossing Agreement with the Union Pacific Railroad for Sand Creek Road East, CIP Project No. 336-3061, to begin construction of the future at-grade crossing and roadway facilities within the railroad right-of-way; and

WHEREAS, at that time, the City Council was informed that the permanent crossing agreement would be presented in the near future and that the railroad’s estimate for them to install the new signalized at-grade crossing facilities would be $545,408.00; and

WHEREAS, this estimate did not include the grant of easement for the use of the at-grade crossing, which will be an additional $34,323.00; and

WHEREAS, per the attached exhibits total cost for the signalized crossing facilities and the grant of easement for the public crossing is $579,731.00 and funds are available in the current 2002/03 fiscal year budget.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorizes the City Manager to execute a Public Highway Crossing Agreement with the Union Pacific Railroad in the amount of $579,731.00 for Sand Creek Road East, CIP Project No. 336-3061.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of April 2003 by the following vote:
 

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