R2021-177 Resolution Amending an Agreement for Preliminary Engineering Services with the Norfolk Southern Railway Company for the Brush College Road Grade Separation Project City Project 2009-33 Section 09-00933-01-BR

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9/15/21,4:38 PM Item Coversheet In Public Works DATE: 9/13/2021 MEMO: 2021-76 TO: Honorable Mayor Julie Moore Wolfe and City Council Members FROM: Scot Wrighton,City Manager Matthew C.Newell,P.E.,Public Works Director SUBJECT: Resolution Amending an Agreement for Preliminary Engineering Services with the Norfolk Southern Railway Company for the Brush College Road Grade Separation Project City Project 2009-33 Section 09-00933-01-BR SUMMARY RECOMMENDATION: It is recommended that the City Council approve the attached Resolution authorizing the Mayor to sign and the City Clerk to attest to the following: 1.Resolution Amending a Previous Agreement for Preliminary Engineering Services with the Norfolk Southern Railway Company for the Brush College Road Grade Separation Project,City Project 2009-33 Section 09-00933-01-BR. 2.Resolution to Appropriate Motor Fuel Tax Funds to Pay for Preliminary Engineering Services with the Norfolk Southern Railway Company to Improve the Brush College over Faries Parkway Grade Separation by Municipality under the Illinois Highway Code,City Project 2009-33 Section 09-00933-01-BR. BACKGROUND: At the outset of the design process for the Brush College Grade Separation project,the Norfolk Southern provided the City with an Agreement for Preliminary Engineering Services to reimburse them for time spent on project review and consulting services. The agreement was for$18,596 and was approved by the Public Works Department in September of 2018. The Norfolk Southern has recently indicated that additional funding is required for their preliminary engineering review services and have requested an additional$20,481 for maximum funding level of$39,077. This is needed to allow them to complete their review of the project and approve it for construction. Project Update The City continues to negotiate with the Norfolk Southern to secure a Construction and Maintenance Agreement which will need to be approved by the City Council in the near future. The Illinois Commerce Commission has issued a draft order to provide Grade Crossing Protection and Rebuild Illinois funds for the project. This is being reviewed by the City,the Illinois Central and Norfolk Southern railroads. Once the review is completed, the Commission will set a hearing date for the final order. Once the Commission issues the final order,it will be presented to the City Council. The Governor signed Quick Take authority for the City to acquire the 3 remaining properties needed for the project. This has been filed with the court which will hold a hearing to grant the City ownership of the properties. Once right of way and ICC funding have been secured,the City and IDOT will present a joint agreement for the overall project to the City Council for approval prior to bidding the project. City staff has been reviewing the detour routes with ADM staff and is determining if temporary traffic signals may be needed on Garfield Avenue at 21St or 23rd Streets to help trucks access 22nd Street. When Brush College Road is closed,much of the area https://decatur.novusagenda.com/AgendaWeb/CoverSheet.aspx?ltemlD=3554 1/2