Title
An Ordinance adding Exhibit C-1 to the Public Highway Overpass Agreement, Northwest Colbern Road - DOT 441960S, by and between the Union Pacific Railroad Company and the City of Lee's Summit, Missouri, and authorizing the City Manager to execute the same. (PWC 9/9/24)
Body
Issue/Request:
An Ordinance adding Exhibit C-1 to the Public Highway Overpass Agreement, Northwest Colbern Road - DOT 441960S, by and between the Union Pacific Railroad Company and the City of Lee's Summit, Missouri, and authorizing the City Manager to execute the same.
Key Issues:
• The Colbern Road Improvement Project was included in the City’s FY2019 (and FY2023) Capital Improvement Plan adopted by City Council.
• The Colbern Road Improvement Project includes the reconstruction of a new bridge over the Union Pacific Railroad (UPRR).
• Pursuant to Ordinance No. 9507, the City and UPRR executed a Public Highway Overpass Agreement granting the City the right to construct, maintain and repair the bridge over UPRR’s right-of-way.
• The initial estimated inspection fee, based on plan reviews, was $55,000, as described in Exhibit C - Estimate of Force Account Work by the UPRR
• The addition of Exhibit C-1 to the agreement, based on actual construction schedules and work completed, provides an increase of $110,000 to the authorized fee, for revised total amount of $165,000.
• The City desires to add Exhibit C-1 to the agreement to increase the man hours and inspection fees required by UPRR to complete the bridge reconstruction.
Proposed Ordinance from Committee:
I move to recommend the City Council approve of an Ordinance adding Exhibit C-1 to the Public Highway Overpass Agreement, Northwest Colbern Road - DOT 441960S, by and between the Union Pacific Railroad Company and the City of Lee's Summit, Missouri, and authorizing the City Manager to execute the same.
Proposed City Council First Motion:
I move to advance to second reading an Ordinance adding Exhibit C-1 to the Public Highway Overpass Agreement, Northwest Colbern Road - DOT 441960S, by and between the Union Pacific Railroad Company and the City of Lee's Summit, Missouri, and authorizing the City Manager to execute the same.
Proposed City Council Second Motion:
I move for adoption of an Ordinance adding Exhibit C-1 to the Public Highway Overpass Agreement, Northwest Colbern Road - DOT 441960S, by and between the Union Pacific Railroad Company and the City of Lee's Summit, Missouri, and authorizing the City Manager to execute the same.
Background:
The scope of work for the Colbern Road Improvement Project requires replacing the existing Colbern Road bridge over the Union Pacific Railroad (UPRR). The City was required to enter into a Public Highway Overpass Agreement before the UPRR would grant permission to replace the bridge spanning their right of way.
UPRR safety procedures required the City to pay for a bridge engineer to inspect the work. That engineer has to be pre-approved and under contract with the UPRR. As part of the initial overpass agreement, the UPRR engineer prepared an estimate of hours and fees based on the approved plans and drawings for the Colbern Road Improvements Project, as described in the Force Account (Exhibit C - Overpass Agreement).
Exhibit C established a not to exceed force account cost estimate of up to $55,000 to by paid by the City for engineering inspection fees required by the UPRR.
The UPRR inspectors have been on site during the bridge removal; and the UPRR inspection costs are rapidly approaching the authorized amount from Exhibit C. As such, the engineer has reviewed the Contractors actual schedule, hours spent on site, remaining work and the Contractors project work activities to estimate the revise fees necessary to complete the project. Base on the actual construction activities, the UPRR Engineer has estimated an additional $110,000, as shown in Exhibit C-1, that needs to be added to the force account to cover the remaining work, thus increasing the total force account authorization to $165,000 for the project. If the UPRR Engineer is not retained, then the project will be shut down by UPRR.
The total revised not-to-exceed fee will be $165,000. The City will be billed for actual time work by the Engineer in accordance with the labor rates set forth in Exhibit C and Exhibit C-1.
Impact/Analysis:
Modifying the Public Highway Overpass Agreement is to allow the City’s Contractor to complete the work on the Colbern Road bridge over railroad right-of-way. If not approved, the City will have to stop work on the Colbern Road project.
Timeline:
September 2024 through May 2025
Other Information/Unique Characteristics:
Presenter
Craig Kohler, Senior Staff Engineer
Recommendation
Recommendation: Staff recommends approval of an Ordinance adding Exhibit C-1 to the Public Highway Overpass Agreement, Northwest Colbern Road - DOT 441960S, by and between the Union Pacific Railroad Company and the City of Lee's Summit, Missouri, and authorizing the City Manager to execute the same.
Committee Recommendation
Committee Recommendation: The Public Works Committee voted unanimously 4-0, to recommend to City Council approval of an Ordinance adding Exhibit C-1 to the Public Highway Overpass Agreement, Northwest Colbern Road - DOT 441960S, by and between the Union Pacific Railroad Company and the City of Lee's Summit, Missouri, and authorizing the City Manager to execute the same.