Explanation
BACKGROUND: The City of Columbus, Ohio, Department of Public Service ("City), is engaged in the Arterial Street Rehabilitation - Lockbourne Rd - Frebis Rd - SR 104 (PID 530103) ("Project"). In order for the City to complete this project, the City must enter into an agreement with the Norfolk Southern Railway Company ("NSRC"), a Virginia corporation. Therefore, this ordinance authorizes the City's Director of the Department of Public Service to enter into an agreement with NSRC. The purpose of this agreement is to allow NSRC to review and approve engineering and design plans, specifications, drawings, and other documents pertaining to the Project; to prepare cost estimates for NSRC' work related to the project; and review of construction cost estimates, site surveys, assessments, studies, and related construction documents submitted to NSRC. Furthermore, searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against NSRC.
CONTRACT COMPLIANCE: Norfolk Southern Corporation contract compliance number is 536002016.
FISCAL IMPACT: It was determined that funding for this project will come from the Department of Public Service's 2013 CIB.
EMERGENCY DESIGNATION: Emergency action is requested in order to allow the Project to proceed without delay, which will preserve the public peace, property, health, safety, and welfare of those individuals living and traveling within the area of the Project
Title
To amend the 2013 Capital Improvement Budget; to authorize the City Auditor to transfer cash and appropriation within the Streets and Highways Bond Fund; to authorize the Director of the Department of Public Service to enter into an agreement with the Norfolk Southern Railway Company, a Virginia corporation, for the review of plans and associated work pertaining to the Arterial Street Rehabilitation - Lockbourne Rd - Frebis Rd - SR 104 (PID 530103); the expenditure of funds within the Street and Highway Improvement Fund for Division of Design and Construction for these expenses incurred by these railroads; and to declare an emergency. ($10,000.00)
Body
WHEREAS, the City of Columbus, Ohio, Department of Public Service, Division of Design and Construction, is engaged in the Arterial Street Rehabilitation - Lockbourne Rd - Frebis Rd - SR 104 (PID 530103) ("Project"), which the Project's Parcel 9SH & T crosses over real property owned by the Norfolk Southern Railway Company ("NSRC"), a Virginia corporation; and
WHEREAS, it is necessary to authorize the Director of the Department of Public Service to enter into an agreement with NSRC to allow review and associated work for the Project; and to provide payment to NSRC for costs incurred during the construction of the Project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction, because the agreements' funding should be authorized immediately in order to allow the Project to proceed without delay, which will preserve the public peace, property, health, safety, and welfare of those individuals living and traveling within the area of the Project. Now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. That the 2013 Capital Improvements Budget authorized by ordinance 0645-2013 be and is hereby to provide sufficient budget authority for the appropriate projects authorized within this ordinance as follows:
Fund / Project / Project Name / C.I.B. / Change / C.I.B. as Amended
704 / 530060-100000 / Neil Avenue Area Improvements (Voted Carryover) / $900,000.00 / ($10,000.00) / $890,000.00
704 / 530103-100018 / Arterial Street Rehabilitation - Lockbourne Rd./Frebis Rd. - SR104 (Voted Carryover) / $0.00 / $10,000.00 / $10,000.00
SECTION 2. That the City Auditor be and is hereby authorized to transfer cash and appropriation within the Streets and Highways G.O. Bonds Fund, No. 704, as follows:
Transfer from:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530060-100000 / Neil Avenue Area Improvements / 06-6600 / 591260 / $10,000.00
Transfer to:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530103-100018 / Arterial Street Rehabilitation - Lockbourne Rd./Frebis Rd. - SR104 / 06-6600 / 740318 / $10,000.00
SECTION 3. The Director of the Department of Public Service is authorized to enter into an agreement with the Norfolk Southern Railway Company ("NSRC"), a Virginia corporation, for the purpose of authorizing NSRC to review plans and perform other work pertaining to the Arterial Street Rehabilitation - Lockbourne Rd - Frebis Rd - SR 104 (PID 530103) Project; and to compensate NSRC for this work in the amount of up to Ten Thousand and 00/100 U.S. Dollars ($10,000.00) for the Department of Public Service, Division of Design and Construction.
SECTION 4. That for the purpose of paying for the work included in this agreement with Norfolk Southern Corporation the sum of up to $10,000.00, or so much thereof as may be necessary, be and hereby is authorized to be expended from the Street and Highway Improvement Fund, Fund 704, Department No. 59-12, Division of Design and Construction as follows:
Fund / Project # / Project Name / O.L. 01-03 Codes / OCA Code / Amount
704 / 530103-100018 / Arterial Street Rehabilitation - Lockbourne Rd./Frebis Rd. - SR104 / 06-6682 / 740318 / $10,000.00
SECTION 5. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 6. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance
SECTION 7. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project.
SECTION 8. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the mayor, or ten days after passage if the mayor neither approves nor vetoes the same.