Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AN EXISTING AGREEMENT WITH NORFOLK SOUTHERN FOR THE E. BARLOW ROAD TRAIL PROJECT; AND DECLARING AN EMERGENCY.
Brief Description: This agreement amendment with Norfolk Southern would be for on-going engineering review and design services for a new multi-purpose path that would connect the City’s Barlow Farm Park to Summit County's Wood Hollow Metropark. Part of the proposed path will cross the Norfolk Southern Railroad tracks in between the two parks.
Body
Legislative History
24-99 - Enter into Agreement for Preliminary Engineering Services with Norfolk Southern; 9/3/2024
Purpose & Explanation
The E. Barlow Road Trail project will upgrade the existing trails inside Barlow Farm Park and connect Barlow Farm Park to Wood Hollow Metropark via a new multi-purpose path along the north side of Barlow Road, across the Norfolk Southern railroad tracks.
In 2018, the City entered into an agreement with Norfolk Southern for Preliminary Engineering (PE) services related to a new multi-use path crossing the railroad tracks. This Preliminary Engineering included consultant costs for review of the project plans and administrative costs. The original estimated cost for Preliminary Engineering review was $22,500. The initial PE agreement was amended in September 2024, adding $10,000 in additional review costs for a total of $32,500.
The project's design by the City is nearing completion. Norfolk Southern is requesting an additional $12,173 for ongoing plan reviews and $25,000 for Norfolk Southern's design of the necessary railroad electrical improvements at the crossing (due to signal modification) and administrative fees, for a total of $37,173 ($12,173 + $25,000 = $37,173). Staff would also like to include a 10% contingency to cover any additional fees that may come up during the process for a total cost of $40,891.
This would bring the total Preliminary Engineering Agreement costs to $73,391 ($32,500 (costs previously approved) + $37,173 (additional plan review costs) + $3,718 (contingency) = $73,391).
Revised plans have been submitted to Norfolk Southern for review and are awaiting final comments from their consultant. Upon approval, staff will request Council authorization for a separate, forthcoming Construction Agreement with Norfolk Southern and proceed with bidding and awarding the project, anticipated for summer 2025. The Construction Agreement will include costs for any construction by Norfolk Southern, railroad protective services and flagging, inspection, and railroad construction administration costs.
Separately, staff will request Council approval for a Preliminary Review Agreement to cover costs associated with implementing Quiet Zone improvements at the crossing.
An emergency clause is requested to expedite the plan review process, enabling timely bidding, award, and construction of the project. This will ensure safe pedestrian access between Barlow Farm Park and Wood Hollow Metropark.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04:
Competitively bid and advertised for three consecutive weeks
Joint or Cooperative Purchase Program
Professional Services
X Other
Fiscal Impact
Currently Budgeted
X Supplemental Appropriation Required (205 Fund - $1,174,861 - 2024 carryover)
Appropriation Not Required.
Does this legislation require use of an emergency clause?
x Yes - City is actively submitting updated plans to NS for review.
No
Recommendation
Suggested Action
Staff recommends that Council approve this authorization for the City Manager enter into an amended agreement with Norfolk Southern. An Emergency Clause is being requested for the safety of the traveling public along this corridor in order to expediate the remaining design and review work of the trail improvements at this active railroad crossing.
Submitted by,
Thomas J. Sheridan, City Manager
Brian Griffith, Assistant City Manager
Bradley S. Kosco, PE, PS, City Engineer
Jonathon Szalay, PE, Senior Engineer