Title
BNSF Railway Company Preliminary Engineering Services Agreement for Engineering and Construction Services on Lower Buckeye Road from 27th to 19th Avenues - ST85100411 (Ordinance S-49596)
Description
Request to authorize the City Manager, or his designee, to enter into a Preliminary Engineering Services Agreement with BNSF Railway Company to authorize engineering and construction services. Further request the City Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the documents pertaining to this transaction of indemnification and assumption of liability provisions that otherwise should be prohibited by Phoenix City Code 42-18.
Report
Summary
The City is constructing a Capital Improvement Program project on Lower Buckeye Road from 27th to 19th avenues that will encroach on BNSF Railway Company facilities. The purpose of this agreement is to authorize BNSF Railway Company to begin engineering design and allow for the future construction of facilities that will be impacted by the City's work. As this is a Preliminary Agreement, there are no funds identified at this time.
Contract Term
The term of the Agreement will begin on or about April 1, 2023, and will expire when work is complete on approximately Dec. 30, 2024.
Financial Impact
There is no financial impact to the City of Phoenix.
Location
Lower Buckeye Road, 27th to 19th avenues.
Council District: 7
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Street Transportation Department, and the City Engineer.