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File #: 0820-2006    Version: 1
Type: Ordinance Status: Passed
File created: 4/20/2006 In control: Public Service & Transportation Committee
On agenda: 5/22/2006 Final action: 5/24/2006
Title: To authorize the Public Service Director to enter into agreement with the Director of the Ohio Department of Transportation for this US Route 62 urban paving project; to authorize the expenditure of $150,924.57 within the 1995, 1999, 2004 Voted Street and Highway Fund and appropriate and authorize the expenditure of $21,543.43 from the the Street and Highway Improvement Fund; and to declare an emergency. ($172,468.00) (AMENDED BY ORD. 2031-2006 PASSED 12/11/2006)
Explanation
 
BACKGROUND:  This ordinance will provide payment to the Ohio Department of Transportation (ODOT) for the US62 urban paving project.  This project includes rehabilitation of Nelson Road (U.S Route 62) by means of planing, resurfacing and partial depth pavement reconstruction lying within the City of  Columbus.  Project limits extend on U.S. 62 (Nelson Road) from Broad Street to Airport Drive; Airport Drive from Nelson Road to the structure over Alum Creek; and on Fifth Avenue from Nelson Road to the structure over Alum Creek.   Total work length of the project being approximately 1.88 miles.  (FRA-62-17.66 PID 77601)
 
Emergency action is requested to meet ODOT's schedule to return contracts and other paperwork by June in order to bid the project at the end of  June.
 
FISCAL IMPACT:  The total share of the cost for the City is now estimated to be $172,468.00, but the estimated amount will be adjusted so that the City's ultimate share of the cost of the improvement shall correspond with the actual cost when said actual costs are determined.    Funds for the City's share of this project in the amount of $100,000.00 were budgeted in the 2005 Transportation Division Capital Improvement Budget and an additional $50,924.57 are available within the 1995, 1999, 2004  Voted Streets and Highways Fund in the Federal State Match Project due to the cancellation of encumbrance established for a now completed project.  Additional funds in the amount of $21,543.43 are available in the Street and Highway Improvement Fund in the Urban Paving Project.  
 
 Title
 
To authorize the Public Service Director to enter into agreement with the Director of the Ohio Department of Transportation for this US Route 62 urban paving project; to authorize the expenditure of $150,924.57 within the 1995, 1999, 2004 Voted Street and Highway Fund and appropriate and authorize the expenditure of  $21,543.43 from the the Street and Highway Improvement Fund; and to declare an emergency.  ($172,468.00) (AMENDED BY ORD. 2031-2006 PASSED 12/11/2006)
 
Body
 
The following Ordinance enacted by the City of Columbus, Ohio, hereinafter referred to as the Legislative Authority or Local Public Agency or "LPA", in the matter of the stated described project.
 
WHEREAS,  on the 4th day of May 2005, the LPA enacted legislation proposing cooperation with the Director of Transportation for the described project:
 
Rehabilitation of Nelson Road (U.S. Route 62) as indicated within the plans by means of planing, resurfacing and partial depth pavement repair, lying within the City of Columbus.  Total work length of the project being approximately 1.88 miles, and  
 
WHEREAS,  the LPA shall cooperate with the Director of Transportation in the above described project as follows:
 
The City agrees to assume and bear one hundred percent (100%) of the entire cost of the improvement as shown in the construction plans, less the amount of State funds set aside by the Director of Transportation for the financing of this improvement from funds allocated by the Federal Highway Administration, U.S. Department of Transportation, and further, the City agrees to assume and bear one hundred percent (100%) of the cost of Preliminary Engineering, excluding in-house preliminary engineering charges incurred by the State.
Also, prior to the construction date of the above-referenced project, the City shall install and/or repair all curb ramps which are necessary to ensure compliance with the Americans with Disabilities Act and the City agrees to assume and bear the entire cost and expense of the installation and/or repair of curb ramps.
 
In addition, the City also agrees to assume and bear one hundred percent (100%) of the cost of any construction items requested by the City on the entire improvement, which are not necessary for the improvement, as determined by the State and Federal Highway Administration.
 
The share of the cost of the LPA is now estimated in the amount of One Hundred Seventy Two Thousand Four Hundred Sixty Eight and ---- 00/100 dollars, ($172,468.00), but said estimated amount is to be adjusted in order that the LPA's ultimate share of said improvement shall correspond with said percentages of actual costs when said actual costs are determined; and
 
WHEREAS,  the Director of the Ohio Department of  Transportation has approved said legislation proposing cooperation and has caused to be made plans and specifications and an estimate of cost and expense for improving the above described highway improvement and has transmitted copies of the same to this legislative authority; and
WHEREAS,  the LPA desires the Director of Transportation to proceed with the aforesaid highway improvement; and
 
WHEREAS,  an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that it is the sense of this Council that the Director of the Ohio Department of Transportation must proceed with the aforesaid highway improvement, thereby preserving the public health, peace, property, and safety; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.  That the sum of $150,924.57 or so much thereof as may be needed be and is hereby authorized to be expended from the 1995, 1999, 2004 Voted Streets and Highways Fund, Fund 704, Transportation Division, Department No. 59-09, O.L One/Three Codes 06/6631, OCA Code 644385, Project 530208 and the sum of $21,543.43  is hereby appropriated and authorized to be expended from the Street and Highway Improvement Fund, Fund 766, Transportation Division, Department 59-09, O.L One/Three Codes 06/6631, OCA Code 530840, Project 530840 in the Urban Paving Project for the improvement described above and the fiscal officer is hereby authorized and directed to issue an order on the treasurer for said sum upon the requisition of the Director of Transportation to pay the cost and expense of said improvement.  We hereby agree to assume in the first instance, the share of the cost and expense over and above the amount to be paid from State funds.
 
Section 2.  That the LPA hereby requests the Director of Transportation to proceed with the aforesaid highway improvement.
 
Section 3.  That the LPA enter into a contract with the State, and that the Public Service Director be and is hereby authorized to execute said contract, providing for the payment of the LPA the sum of money set forth herein above for improving the described project.
 
Section 4.  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 day after passage if the Mayor neither approves nor vetoes the same.