Subject
title
Authorization for the City Manager to Execute a Right of Entry and Indemnity Agreement for Bridge Painting (Aesthetic) with CSX Transportation, Inc. for the City to Paint the CSX Park Road Overpass
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Department
PW - Management & Support
Recommendation
Staff recommends the Mayor and Council authorize the City Manager to execute the Right of Entry and Indemnity Agreement for Bridge Painting (Aesthetic) (Attachment 1) between the Mayor and Council of Rockville and CSX Transportation, Inc., to allow the City to paint the CSX Park Road overpass.
Discussion
The City seeks to beautify the CSX railroad bridge structure on the east side of the Park Road overpass by painting the face of the structure with “I (heart) Rockville” in red, white and blue colors per the attached concept (Attachment 2). The bridge and right-of-way are owned and operated by CSX Transportation, Inc. and is periodically defaced with graffiti. Prior to implementing this improvement, CSX requires the execution of a Right of Entry and Indemnity Agreement for Bridge Painting (Aesthetic) (Agreement). The Agreement grants the City the right and permission to enter the CSX property to clean and paint the facing of the bridge and engage in periodic spot painting to remove graffiti.
Upon completion of the initial painting, the City will be solely responsible for maintaining the aesthetic appearance of the bridge painting. To implement the project once the agreement is executed, the City will procure the services of a qualified bridge contractor to paint the bridge per CSX’s aesthetic bridge painting specifications. The City’s contractor will be responsible to comply with CSX’s insurance requirements. Staff is also coordinating with WMATA, who owns the perimeter fencing adjacent to the CSX right-of-way, to enhance the fence and prevent unauthorized access to the bridge, limiting future graffiti on the bridge.
Mayor and Council History
This is the first time this item has been brought before the Mayor and Council.
Fiscal Impact
Per the Agreement, CSX requires the City submit a $24,998 deposit for the estimated Reimbursable Expenses for all costs and expenses incurred by CSX in connection with the Project. Adequate funding is available in the FY 2025 Operating Budget.
Next Steps
If approved by the Mayor and Council, the City Manager will execute the attached agreement. The City can then procure the services of a qualified bridge painting contractor to implement the project.