Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service, or a designee, to enter into a construction and maintenance agreement, and any amendments or modifications thereto as may be necessary, with the Columbus & Ohio River Rail Road Company (“CUOH”), a subsidiary of Genessee & Wyoming, Inc., and to encumber and expend funds to compensate the same for services rendered during the construction phase of the Arterial Street Rehabilitation - Cassady Avenue Widening (Bexley Corp to 7th Ave) project.
The aforementioned effort will culminate in the full reconstruction of the portion of Cassady Avenue from a 2-lane uncurbed section to a 3-lane curb and gutter section with additional turn lanes at the intersection with East 5th Avenue. Additional improvements include installing sidewalk along the east side of the street and a shared use path along the west side; replacing the existing traffic signal; installing street lighting and street trees, where feasible; and replacing the 12” water main between Avalon Place and East 5th Avenue.
A portion of the planned improvements either will cross or be located in close proximity to existing railroad tracks currently operated by CUOH, necessitating the execution of a construction and maintenance agreement between Public Service and CUOH to facilitate the performance of certain services by CUOH necessary to the successful completion of the project in order to identify and mitigate potential conflicts between rail operations and public infrastructure in proximity to railway corridors. These services, which include plan review, flagging, and inspection, must be performed by CUOH in its capacity as owner/operator of the impacted tracks to comply with current regulations. To that end, this legislation seeks to authorize the Director of Public Service to execute agreements with CUOH and to compensate CUOH for said services.
2. FISCAL IMPACT
Funding in the amount of $1,053,025.00 is available for this project in the Streets and Highways Bond Fund, Fund 7704, within the Department of Public Service.
3. EMERGENCY DESIGNATION
Emergency action is requested to facilitate execution of the proposed construction and maintenance agreement by the City on or before January 31, 2025, so as to prevent unnecessary delays in the completion of the project.
Title
To authorize the Director of Public Service, or a designee, to enter into agreements with the Columbus & Ohio River Rail Road Company, a subsidiary of Genessee & Wyoming, Inc., relative to the Arterial Street Rehabilitation - Cassady Avenue Widening (Bexley Corp to 7th Ave) project; to authorize the encumbrance and expenditure of up to $1,053,025.00 from the Streets and Highways Bond Fund; and to declare an emergency. ($1,053,025.00)
Body
WHEREAS, the Department of Public Service is administering the Arterial Street Rehabilitation - Cassady Avenue Widening (Bexley Corp to 7th Ave) project, which will culminate in the full reconstruction of a portion of Cassady Avenue; and
WHEREAS, the aforementioned effort requires cooperation from the Columbus & Ohio River Rail Road Company (“CUOH”), as a portion of the planned improvements either will cross or be located in close proximity to existing railroad tracks operated by CUOH; and
WHEREAS, it is necessary for the Department of Public Service to engage CUOH, in its capacity as owner/operator of those tracks, to perform certain services necessary to the successful completion of the project, including plan review, flagging, and inspection, in order to identify and mitigate potential conflicts between rail operations and public infrastructure in proximity to railway corridors; and
WHEREAS, this legislation authorizes the execution of a construction and maintenance agreement, and any amendments or modifications thereto as may be necessary, between the Department and CUOH, a subsidiary of Genessee & Wyoming, Inc., and the encumbrance and expenditure of up to $1,053,025.00, relative to the Arterial Street Rehabilitation - Cassady Avenue Widening (Bexley Corp to 7th Ave) project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the passage of this legislation to facilitate the execution of the proposed construction and maintenance agreement by the City on or before January 31, 2025, so as to prevent unnecessary delays in the completion of the project, all for the immediate preservation of the public health, peace, property, safety, and welfare; and now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Service be and is hereby authorized to execute a reimbursement agreement, and any amendments or modifications thereto as may be necessary, with the Columbus & Ohio River Rail Road Company, a subsidiary of Genessee & Wyoming, Inc., for the purpose of authorizing that entity to review and approve engineering and design plans, construction specifications and drawings, and other documents and to perform work necessary to the successful completion of the Arterial Street Rehabilitation - Cassady Avenue Widening (Bexley Corp to 7th Ave) project.
SECTION 2. That the expenditure of $1,053,025.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Division of Design and Construction), Project P530103-100060 (Arterial Street Rehabilitation - Cassady Avenue Widening (Bexley Corp to 7th Ave)), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this Ordinance.
SECTION 3. 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 4. 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 5. 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 6. That for the reasons stated in the preamble hereto, which is made a part hereof, this Ordinance is 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 (10) days after passage if the Mayor neither approves nor vetoes this Ordinance.