Explanation
1. BACKGROUND
This legislation seeks to authorize the Director of Public Service, or a designee, to enter into a preliminary engineering agreement, and any amendments or modifications thereto as may be necessary, with Norfolk Southern Railway Company (“Norfolk Southern”), and to encumber and expend funds to compensate the same for services performed during the design phase of the Roadway - Livingston Ave - 18th Street to Nelson Road project.
The aforementioned effort encompasses various improvements to the Livingston Avenue corridor from 18th Street to Nelson Road, including potentially reducing the number of travel lanes to increase safety for all users.
Given that a portion of the planned improvements will cross or be located in close proximity to existing railroad tracks currently operated by Norfolk Southern, 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 preliminary engineering agreement between the Department of Public Service and Norfolk Southern, pursuant to which the latter will perform a thorough plan review.
2. CONTRACT COMPLIANCE
The contract compliance number for Norfolk Southern is CC009168.
3. FISCAL IMPACT
Funding in the amount of $25,000.00 is available for this project in the Streets and Highways Bond Fund, Fund 7704, within the Department of Public Service. An amendment to the 2025 Capital Improvement Budget and a transfer of cash are necessary to provide sufficient cash and budget authority for the requisite expenditure.
4. EMERGENCY DESIGNATION
Emergency action is requested to facilitate the completion of the required plan review by Norfolk Southern as soon as possible so as not to delay the design phase of the aforementioned project, which is projected to be completed by October 28, 2025.
Title
To amend the 2025 Capital Improvement Budget; to authorize the transfer of cash and appropriation between projects within the Streets and Highways Bond Fund; to authorize the Director of Public Service, or a designee, to enter into agreements with Norfolk Southern relative to the Roadway - Livingston Ave - 18th Street to Nelson 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 Roadway - Livingston Ave - 18th Street to Nelson Road project, which will culminate in various improvements to the Livingston Avenue corridor; and
WHEREAS, the aforementioned effort requires the consent and cooperation of the Norfolk Southern, as a portion of the planned improvements will cross or be located in close proximity to existing Norfolk Southern railroad tracks; and
WHEREAS, a thorough plan review must be performed by Norfolk Southern 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 preliminary engineering agreement, and any amendments or modifications thereto as may be necessary, between the Department of Public Service and Norfolk Southern, and the encumbrance and expenditure of up to $25,000.00 to compensate Norfolk Southern for services rendered in connection with the Roadway - Livingston Ave - 18th Street to Nelson Road project; and
WHEREAS, it is necessary to authorize an amendment to the 2025 Capital Improvement Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize a transfer of cash and appropriation within the Streets and Highways Bond Fund for the purposes of providing sufficient cash and budget authority for the aforementioned project expenditure; 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 Norfolk Southern as soon as possible so as not to delay the design phase of the aforementioned project, which is projected to be completed by October 28, 2025, 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 2025 Capital Improvement Budget authorized by Ordinance 1790-2025 be and is hereby amended to provide sufficient budget authority for the expenditure as follows:
Fund / Project / Project Name / Current / Change / Amended
7704 / P440005-102180 / UIRF - Livingston Avenue Pedestrian Safety Study (Voted Carryover) / $146,503.00 / ($25,000.00) / $121,503.00
7704 / P530161-100217/ Roadway - Livingston Ave-Nelson Rd to James Rd (Voted Carryover) / $1,700,000.00 /($1,000,000.00) / $700,000.00 (to match Ord. 1742-2025)
7704 / P531079-100000 / Roadway - Livingston Ave - 18th Street to Nelson Road (Voted Carryover) / $1,200,000.00 / $1,025,000.00 / $2,225,000.00
SECTION 2. That the transfer of $25,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P440005-102180 (UIRF - Livingston Avenue Pedestrian Safety Study), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P531079-100000 (Roadway - Livingston Ave - 18th Street to Nelson Road), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of Public Service be and is hereby authorized to execute a preliminary engineering agreement, and any amendments or modifications thereto as may be necessary, with Norfolk Southern 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 Roadway - Livingston Ave - 18th Street to Nelson Road project.
SECTION 4. 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 5913 (Division of Traffic Management), Project P531079-100000 (Roadway - Livingston Ave - 18th St to Nelson Rd), Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this Ordinance.
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 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.