Explanation
1. BACKGROUND
This legislation seeks to authorize the Director of Public Service to enter into a reimbursement agreement, and any amendments or modifications thereto as may be necessary, with Kanawha River Railroad, L.L.C., and to encumber and expend funds to compensate the same for services performed during the preliminary engineering phase of the Intersection Improvements - Refugee Road at Hines Road project.
The improvement to Refugee and Hines Road includes enhancements to the north and west approaches to the intersection to accommodate dedicated southbound right- and left-turn lanes on Hines Road and eastbound and westbound through lanes and an eastbound left-turn lane on Refugee Road. A new railroad-coordinated traffic signal also will be installed at the intersection.
Given that a portion of the planned improvements will cross or be located in close proximity to existing railroad tracks currently operated by Kanawha River Railroad, L.L.C., it is necessary that certain services be performed either by the railroad or a consultant it designates in order to identify and mitigate potential conflicts between rail operations and public infrastructure in proximity to railway corridors. The purpose of this legislation is to authorize the execution of a reimbursement agreement between the Department of Public Service and Kanawha River Railroad, L.L.C., pursuant to which the latter will perform a thorough plan review on behalf of the railroad.
Ord. 2394-2023 authorized the Director of Public Service to submit ODOT Highway Safety Improvement Program project applications and to execute project agreements for awarded projects for the Department of Public Service for the Intersection Improvements - Refugee Road at Hines Road project.
Ord. 0045-2026 authorized the Director of Public Service, or a designee, to execute agreements with Kanawha River Railroad, L.L.C. to facilitate the construction of this project.
2. CONTRACT COMPLIANCE
Kanawha River Railroad, L.L.C does not currently have a valid contract compliance number, this will be corrected before any payments are issued.
3. FISCAL IMPACT
Funding in the amount of $25,000.00 is budgeted, available, and appropriated within the Streets and Highways Bond Fund, Fund 7704 within the Department of Public Service.
4. EMERGENCY DESIGNATION
Emergency action is requested to facilitate the completion of the required plan review by Kanawha River Railroad, L.L.C. as soon as possible in order to continue construction plan design and keep the project on schedule to meet our ODOT Safety funding dates.
Title
To authorize the Director of Public Service to enter into agreements with Kanawha River Railroad, L.L.C. relative to the Intersection Improvements - Refugee Road at Hines Road project; to authorize the encumbrance and expenditure of up to $25,000.00 from the Streets and Highways Bond Fund; and to declare an emergency. ($25,000.00)
Body
WHEREAS, the Department of Public Service is administering the Intersection Improvements - Refugee Road at Hines Road project, which will culminate in the improvement of Refugee and Hines roads to accommodate dedicated turn lanes and additional through lanes; and
WHEREAS, the aforementioned effort requires the consent and cooperation of the Kanawha River Railroad, L.L.C., as a portion of the planned improvements will cross or be located in close proximity to existing Kanawha River railroad tracks; and
WHEREAS, a thorough plan review must be performed by or on behalf of Kanawha River Railroad 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 reimbursement agreement, and any amendments or modifications thereto as may be necessary, between the Department of Public Service and Kanawha River Railroad, L.L.C., the designated consultant for Kanawha River Railroad, and the encumbrance and expenditure of up to $25,000.00 to compensate Kanawha River Railroad, L.L.C. for services rendered in connection with the Intersection Improvement - Refugee Road at Hines Road project; and
WHEREAS, it is necessary to expend funds from the Streets and Highways Bond Fund, Fund 7704, for the 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 completion of the required plan review by Kanawha River Railroad, L.L.C. as soon as possible in order to continue construction plan design and keep the project on schedule to meet our ODOT Safety funding dates, 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 Kanawha River Railroad, L.L.C. for the purpose of authorizing that entity to review and approve engineering and design plans, construction specifications and drawings, and other documents necessary to the successful completion of the Intersection Improvements - Refugee Road at Hines Road project.
SECTION 2. That the expenditure of $25,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5911 (Infrastructure Management), Project P530086-100037 (Intersection Improvements - Refugee at Hines), 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.