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File #: 0947-2013    Version: 1
Type: Ordinance Status: Passed
File created: 4/9/2013 In control: Public Service & Transportation Committee
On agenda: 4/29/2013 Final action: 5/2/2013
Title: To authorize the Director of Public Service to enter into a construction administration agreement with the City of Westerville for the Worthington Road Connector project; to accept initial deposits from Westerville; execute agreement modifications to accept additional deposits as necessary; to return any unused balance to Westerville upon completion of construction; and to declare an emergency. ($0.00)
Explanation
 
1.  BACKGROUND
This legislation authorizes the Director of Public Service to enter into a construction administration agreement with the City of Westerville for Westerville's Worthington Road Connector project.  This ordinance also authorizes the Director of Public Service to receive funding from Westerville for construction administration services performed by the Department of Public Service and to execute agreement modifications if necessary.
 
Westerville intends to construct or cause to be constructed a new north-south 3-lane road from Polaris Parkway to County Line Road West and an additional east-west 3-lane road from Olde Worthington Road to the new north-south road in the City of Westerville.  Construction is estimated to begin in July 2013.
      
The described agreement will detail each party's responsibilities within the project.
 
2.  FISCAL IMPACT
As part of this agreement Westerville shall deposit in two installments approximately $810,000.00 for construction engineering services performed by the Department of Public Service.  The first installment, 50%, shall be deposited before construction begins in 2013 and the second installment, approximately 50%, shall be deposited before construction begins in 2014.  Any balance remaining after construction completion shall be returned to Westerville.  
 
3.  EMERGENCY DESIGNATION
Emergency action is requested to allow for the execution of this agreement to maintain Westerville's construction schedule and for the safety of the travelling public.
 
 
Title
 
To authorize the Director of Public Service to enter into a construction administration agreement with the City of Westerville for the Worthington Road Connector project; to accept initial deposits from Westerville; execute agreement modifications to accept additional deposits as necessary; to return any unused balance to Westerville upon completion of construction; and to declare an emergency.  ($0.00)
 
 
Body
 
WHEREAS, Westerville intends to construct or cause to be constructed a new north-south 3-lane road from Polaris Parkway to County Line Road West and an additional east-west 3-lane road from Olde Worthington Road to the new north-south road in the City of Westerville and construction is estimated to begin in July 2013; and
      
WHEREAS, the City of Columbus and Westerville have determined that it is in both parties' best interest to enter into an agreement for Columbus to provide construction administration services for Westerville's project; and
 
WHEREAS, as part of this agreement Westerville shall deposit in two installments approximately $810,000.00 for construction engineering services performed, with the first installment, 50%, being deposited before construction begins in 2013 and the second installment, approximately 50%, being deposited before construction begins in 2014; and
 
WHEREAS, this ordinance authorizes the Director of Public Service to enter into a construction administration agreement with Westerville, to authorize the Director of Public Service to accept initial deposits from Westerville for construction engineering services provided by the Department of Public Service, to execute contract modifications to accept additional deposits as necessary, and return any unused balance to Westerville upon completion of construction; and
 
WHEREAS, an emergency exists in the usual operation of the City of Columbus, Department of Public Service in that it is immediately necessary to authorize the Director of Public Service to enter into said agreement in order for this project to proceed according to Westerville's schedule, 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 Director of Public Service be and hereby is authorized on behalf of the City to enter into a construction administration agreement with the City of Westerville to provide construction administration services for the Worthington Road Connector project.
 
SECTION 2.  That the Director of Public Service is authorized to accept funding from Westerville in two installments approximately $810,000.00 for construction engineering services performed, with the first installment, 50%, being deposited before construction begins in 2013 and the second installment, approximately 50%, being deposited before construction begins in 2014 for construction administration expenses, to execute contract modifications to accept additional deposits as necessary, and return any unused balance to Westerville upon completion of construction.
 
SECTION 3.  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 4.  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 5.  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 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.