Explanation
1. BACKGROUND
This legislation authorizes the Director of Public Service, or a designee, to enter into a construction contract or similar instrument, and any amendments or modifications thereto as may be necessary, with CSX Transportation Inc. (“CSX”) and Norfolk Southern Railway Company (“Norfolk Southern”), respectively, and to encumber and expend funds to compensate the same for services rendered during the construction phase of the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project.
The aforementioned effort will encompass various improvements to the stretch of 2nd Avenue from St. Clair Avenue to 6th Street, including the installation of new sidewalks, curb ramps, curb, curb extensions, street trees, permeable paver parking, and new street lighting with underground conduits.
Both CSX and Norfolk Southern operate within the project limits, necessitating the execution of construction agreements between the Department of Public Service and those entities to facilitate the performance of certain services to identify and mitigate potential conflicts between rail operations and public infrastructure in proximity to railway corridors. These services include plan review, flagging, and inspection, which are necessary to the successful completion of the project, and must be performed by the railroad owner/operator in order to comply with current regulations. To that end, this legislation seeks to authorize the Director of Public Service to execute agreements with CSX and Norfolk Southern and to compensate the same for said services.
2. FISCAL IMPACT
Funding in the amount of $225,000 is available for this project in the Streets and Highways Bond Fund, Fund 7704, within the Department of Public Service. An amendment to the 2024 Capital Improvement Budget is required to provide sufficient cash and budget authority for the requisite expenditure.
3. EMERGENCY DESIGNATION
Emergency action is requested to enable the City to execute the requisite construction agreements on or before May 30, 2025, so as to prevent unnecessary delays in the completion of the project.
Title
To amend the 2024 Capital Improvement Budget; to authorize the Director of Public Service, or a designee, to enter into agreements with CSX Transportation Inc. and Norfolk Southern Railway Company relative to the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project; to authorize the encumbrance and expenditure of up to $225,000.00 from the Streets and Highways Bond Fund; and to declare an emergency. ($225,000.00)
Body
WHEREAS, the Department of Public Service is administering the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project, which encompass various improvements to the stretch of 2nd Avenue from St. Clair Avenue to 6th Street, including the installation of new sidewalks, curb ramps, curb, curb extensions, street trees, permeable paver parking, and new street lighting with underground conduits; and
WHEREAS, the aforementioned effort requires the consent and cooperation of CSX Transportation Inc. and Norfolk Southern Railway Company because a portion of the planned improvements are located in close proximity to or will cross existing railroad tracks owned or operated by those companies; and
WHEREAS, this legislation seeks to authorize the execution of construction contracts, or similar instruments, and any amendments or modifications thereto as may be necessary, between the Department of Public Service and CSX and the encumbrance and expenditure of up to $225,000.00 to compensate those entities for services rendered in connection with the construction of the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements 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 enable the City to execute the requisite construction agreements on or before May 30, 2025, so as to prevent unnecessary delays in the completion of the project, thereby preserving the public health, peace, property, safety, and welfare; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2024 Capital Improvement Budget authorized by Ordinance 1907-2024 be and is hereby amended to provide sufficient budget authority for the expenditure as follows:
Fund / Project / Project Name / Current / Change / Amended
7704 / P440005-100000 / UIRF - Urban Infrastructure Recovery Fund (Voted Carryover) / $5,774,688.00 / ($225,000.00) / $5,549,688.00
7704 / P440005-102221 / Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements (Voted Carryover) / $0.00 / $225,000.00 / $225,000.00
SECTION 2. That the Director of Public Service be and is hereby authorized to execute a construction contract or a similar instrument, and any amendments or modifications thereto as may be necessary, with CSX Transportation Inc. and Norfolk Southern Railway Company, respectively, relative to the Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements project.
SECTION 3. That the expenditure of $225,000.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 59-11 (Infrastructure Management), Project P440005-102221 (Bridge Rehab - UIRF - Milo Grogan Second Avenue Improvements), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this Ordinance.
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.