Explanation
Background: This is consent legislation with the Ohio Department of Transportation (ODOT) to authorize the Director of Finance and Management to enter into four agreements for projects that are part of the "Congestion Mitigation and Air Quality (CMAQ) Improvement Program." sponsored by the Mid-Ohio Regional Planning Commission (MORPC). A grant application was submitted to MORPC titled "Columbus Clean Air Fleet Project" which proposed four interrelated projects in the application. The goal of the project is to significantly reduce emissions from heavy-duty diesel vehicles. This is a three-year project, beginning in 2008 and continuing through 2010. The four interrelated projects are as follows: emission reducing diesel retrofit purchases and installations, anti-idling equipment purchases and installation, CNG vehicle conversions, and the construction of a CNG fueling station.
Fiscal Impact: The estimated total cost of this project is $1,335,500 (diesel retrofits: $475,500, anti-idling: $108,400, CNG vehicle conversions: $451,600, CNG fueling station: $300,000). If awarded, a twenty percent (20%) City match is required for this grant totaling $267,100. The Fleet Management resources that will be dedicated to managing/implementing this grant will be included in the Division's 2009 and 2010 operating budgets.
Emergency action is requested to expedite the project and stay within the timeframes required by ODOT.
Title
To authorize the Finance and Management Director to enter into four agreements (diesel retrofits, anti-idling, CNG vehicle conversions, CNG fueling station) with the Director of the Ohio Department of Transportation and to grant consent and propose cooperation with the State of Ohio for these projects for the Division of Fleet Management; and to declare an emergency.
Body
The following is an Ordinance enacted by the City of Columbus, Franklin County, Ohio, hereinafter referred to as the Local Public Agency (LPA), in the matter of the state described project.
WHEREAS, the City has identified the need for the described project:
This project proposes four interrelated projects as follows: FRA-COLUMBUS-DIESEL RETROFITS, PID Number 84312 (Diesel retrofits): proposes to retrofit 112 City of Columbus fleet vehicles with diesel particulate filters and/or diesel oxidation catalysts. This project funds the costs to purchase and install the equipment; FRA-COLUMBUS-ANTI IDLING, PID Number 84300 (Anti-idling): proposes to retrofit 30 City of Columbus fleet vehicles with engine and/or hydraulic pre-heaters. This project funds the costs to purchase and install the equipment; FRA-COLUMBUS-CNG CONVERSION, PID Number 84309 (CNG vehicle conversions): proposes to retrofit 27 City of Columbus Utilities Department fleet vehicles with CNG equipment. This project funds the incremental costs to convert the vehicles from diesel or petroleum to CNG; and FRA-CNG STATION, PID Number 84310 Construction of a CNG fueling station: proposes to construct a new CNG fueling station at the City of Columbus Fleet Management facility on Groves Road.; and
WHEREAS, an emergency exists in the usual daily operation of the Finance and Management Department in that it is immediately necessary to authorize the Finance and Management Director to enter agreements with ODOT in order to meet timelines established for this grant by ODOT, thereby preserving public health, peace, property, and safety ; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Consent Statement
Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described projects.
SECTION 2. Cooperation Statement
The LPA shall cooperate with the Director of Transportation in the described projects as follows:
The City hereby agrees to cooperate with the Director of Transportation of the State of Ohio in the planning, design and construction of the identified projects and grants consent to the Ohio Department of Transportation for its development and construction of the project in accordance with plans, specifications and estimates as approved by the Director;
The City shall assume and bear one hundred percent (100%) of the costs of Preliminary Engineering and Right of Way (if applicable). Further, the City shall assume and bear one hundred percent (100%) of the project costs, less the amount of federal funds set aside by the Director of Transportation and the Federal Highway Administration;
The City agrees to assume and bear one hundred percent (100%) of the total cost of those features requested by the City which are not necessary for the improvement as determined by the State and Federal Highway Administration;
In the event that the City requests certain features or appurtenances be included within the project's design and construction, and which features and appurtenances are determined by the State and the Federal Highway Administration to be not necessary for the project, the City shall, prior to the project being advertised for contract bidding purposes, provide appropriate documentation that its Council has appropriated, and its Auditor has certified as being available for such specific purposes, funds sufficient in amount to cover one hundred percent of the costs of incorporating such additional features or appurtenances within the project, as may be directly related thereto.
SECTION 3. Utilities and Right-of-Way Statement (if applicable)
The LPA agrees that all right-of-way required for the described project will be acquired and/or made available in accordance with current State and Federal regulations. The LPA also understands that right-of-way costs include eligible utility costs. The LPA agrees that all utility accommodation, relocation, and reimbursement shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.
SECTION 4. Maintenance
Upon completion of the described project, and unless otherwise agreed, the LPA shall: (1) provide adequate maintenance for the described Project in accordance with all applicable state and federal law, including, but not limited to, 23 USC 116; and (2) provide ample financial provisions, as necessary, for the maintenance of the described project.
SECTION 5. Authority to Sign
The Director of Finance and Management of said City is hereby empowered on behalf of the City of Columbus to enter into contracts with the Director of the Ohio Department of Transportation necessary to complete the above described project.
SECTION 6. 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.