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File #: 0194-2014    Version: 1
Type: Ordinance Status: Passed
File created: 1/17/2014 In control: Public Service & Transportation Committee
On agenda: 2/10/2014 Final action: 2/12/2014
Title: To authorize the Director of the Department of Public Service to modify a design agreement, enter into a construction agreement, and enter into other agreements as necessary to complete the project, with Norfolk Southern Railway Company, a Virginia corporation, to provide engineering and construction services and associated work pertaining to the Arterial Street Rehabilitation - Lockbourne Rd - Frebis Rd - SR 104 project; to authorize expenditure of funds within the Street and Highways Bond Fund for the Department of Public Service for these expenses incurred by the railroad; and to declare an emergency. ($67,000.00)
Explanation
 
1.  BACKGROUND:  The Department of Public Service is engaged in the Arterial Street Rehabilitation - Lockbourne Rd - Frebis Rd - SR 104 (PID 530103) project.  This project requires cooperation with the railroad within the project limits.  This ordinance authorizes the Director of Public Service to enter into an engineering modification agreement and construction agreement, and other agreements as may be necessary for the completion of the project, with Norfolk Southern Railway Company.
 
Ordinance 0802-2013 authorized the Director to enter into an engineering agreement for this project.  Additional work is needed that was not foreseen and a modification to the engineering agreement is needed to complete design of the project.
 
Original agreement Amount:  $10,000.00
Modification 1 Amount:             $12,000.00
Total Contract Amount:             $22,000.00
 
The purpose of the construction agreement, in the amount of $55,000.00, is to allow the railroad to assist with construction services during the course of the project, such as providing flaggers, constructing work that will be on the railroad property (authorized by an easement), etc.  
 
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Norfolk Southern Railway Company.
 
2.  CONTRACT COMPLIANCE:  Norfolk Southern Railway Company's contract compliance number is
536002016 and expires on 4/17/15.
 
3.  FISCAL IMPACT:  Funds in the amount of $67,000.00 are available in the Streets and Highway Bond fund within the Department of Public Service.
 
4.  EMERGENCY DESIGNATION:  Emergency action is requested to provide necessary engineering and construction funding and prevent unnecessary delays in the Department of Public Service's Capital Improvement Program.
 
 
Title
To authorize the Director of the Department of Public Service to modify a design agreement, enter into a construction agreement, and enter into other agreements as necessary to complete the project, with Norfolk Southern Railway Company, a Virginia corporation, to provide engineering and construction services and associated work pertaining to the Arterial Street Rehabilitation - Lockbourne Rd - Frebis Rd - SR 104 project; to authorize expenditure of funds within the Street and Highways Bond Fund for the Department of Public Service for these expenses incurred by the railroad; and to declare an emergency. ($67,000.00)
 
 
Body
WHEREAS, the City of Columbus, Ohio, Department of Public Service 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; and
 
WHEREAS, it is necessary to authorize the Director of the Department of Public Service to enter into an engineering modification agreement and construction agreement, and other agreements as may be necessary for the completion of the project, with Norfolk Southern Railway Company; and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that these contracts should be authorized immediately so that funding can be made available for necessary engineering and construction services for capital improvement projects, thereby preserving the public health, peace, property, safety and welfare; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
 
SECTION 1.  That the Director of Public Service be and is hereby authorized to enter into agreements with Norfolk Southern Railway Company for work pertaining to Arterial Street Rehabilitation - Lockbourne Rd - Frebis Rd - SR 104 (PID 530103) project and to provide payment to the railroad for this work in the amount of amount of up to$67,000.00 for the Department of Public Service.
 
SECTION 2.  That for the purpose of paying the cost of this contract the sum of up to $67,000.00 or so much thereof as may be needed, is hereby authorized to be expended from the Streets and Highways Bond Fund as follows:
 
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 530103-100018 / Arterial Street Rehabilitation - Lockbourne Road-Frebis Road to SR104/ 06-6631 / 740318 / $67,000.00
 
SECTION 4.  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 5.  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 6.  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 7.  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.