Agenda Item 9-H Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: September 20, 2013 Re: Authorization to Execute a Force Account Agreement with CSXT for Construction of the Crossroads to Hamilton Third Track Project Recommendation: The VRE Operations Board is being asked to authorize the Chief Executive Officer to execute a force account agreement with CSX Transportation for construction of the Crossroads to Hamilton Third Track project in the amount of $20,522,611 which includes a 10% contingency by CSX. Background: The Crossroads to Hamilton third track is the last of the original MOU projects. This portion of track is required by CSX prior to the initiation of train service to the new Spotsylvania VRE station. In accordance with the terms of Spotsylvania County joining VRE, the construction of this railroad infrastructure is a VRE responsibility, while construction of the station and parking facility are a responsibility of the County. VRE began design on the third track project in January of 2011. The plans were finalized and issued for bidding on May 20, 2013. There are significant portions of the project that are required to be performed by CSX. These tasks include signal design, signal construction, track construction affecting active mainline tracks and construction flagging protection services. In June 2012, the Board authorized a design agreement with CSX to provide design review and perform signal design in coordination with the civil design being performed by VRE. Currently the civil plans have been finalized and the CSX signal design is well underway. A force account agreement for signal installation, track and flagging work has been drafted and is currently being finalized by VRE and CSX legal counsel. Authorization for the CSX force account agreement is required in order to begin construction on the third track project as well as the new Spotsylvania station project. Project Budget: Item Design (STV/RWA) - Track Design (CSX) - Signals Design Contingency Track Work and Structures (Abernathy Construction) Construction Management (STV/RWA) Easements and Permits CSX Force Account (Flagging, Signals & Track) and In-Kind Match of $2.5M) Construction Contingency Project Total: Budget 743,366 917,400 100,000 8,072,794 933,041 110,000 20,522,611 1,100,788 $32,500,000 Fiscal Impact: Funding for this project is included in VRE’s Capital Improvement Program as part of the Spotsylvania Station Third Track (Crossroads to Hamilton Third Track) project. Total funding for the project of $32.5M is provided from the following sources: Source Amount VRE Federal Formula Funds (VA-05-0048, VA-90X380, VA-90-X401 and VA-05-0048 7,920,000 Federal Funds Allocated by DRPT (VA-95-X046) 4,500,000 Rail Enhancement Funds (76513-11) 13,856,292 Local Match (VRE) 3,723,708 Match Funds Provided by CSX 2,500,000 Total: $32,500,000 2 Virginia Railway Express Operations Board Resolution 9H-09-2013 Authorization to Execute a Force Account Agreement with CSXT for Construction of the Crossroads to Hamilton Third Track Project WHEREAS, the Crossroads to Hamilton third track project is required to allow the operation of the new Spotsylvania VRE station; and, WHEREAS, there are significant portions of the project that are required to be performed by CSX; and, WHEREAS, authorization for the CSX force account agreement is required in order to begin construction on the third track project as well as the new Spotsylvania station project. NOW, THEREFORE, BE IT RESOLVED THAT, the VRE Operations Board does hereby authorize the Chief Executive Officer to execute a force account agreement with CSX Transportation for the construction of the Crossroads to Hamilton Third Track project in an amount of $20,522,611 which includes a 10% contingency by CSX. Approved this 20th day of September 2013 ___________________________ Paul Smedberg Chairman ___________________________ John Cook Secretary 3