Explanation
Background:
This ordinance will authorize the Director of Recreation and Parks to enter into a Local Public Agency agreement with the Ohio Department of Transportation for the construction of a multi-use path connector between the existing Scioto Trail and the west side of Columbus.
The project proposes to construct a multi-use path connector between the existing Scioto Trail and the west side of Columbus. Work will include the construction of a 600 foot bridge over the Scioto River. Project limits extend from the intersection of McKinley Avenue and Harper Road to the existing Scioto Trail south of IR670.
Emergency action is requested to expedite the highway project and to promote highway safety.
Fiscal Impact:
N/A
Title
To authorize and direct the Director of Recreation and Parks to enter into a Local Public Agency agreement with the Ohio Department of Transportation for the construction of a multi-use path connector between the existing Scioto Trail and the west side of Columbus and to declare an emergency.
Body
WHEREAS, the City, hereinafter referred to as the Local Public Agency (LPA) has identified a need to construct a multi-use path connector between the existing Scioto Trail and the west side of Columbus; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to enter into an LPA agreement with the Ohio Department of Transportation to expedite the highway project and to promtoe highway 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 project.
SECTION 2. Cooperation Statement - The LPA shall cooperate with the Director of Transportation in the above described project 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 highway improvement project 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 agrees to assume and bear one hundred percent (100%) of the total cost of Preliminary Engineering and Right of Way (if applicable). Further, the City agrees to assume and bear one hundred percent (100%) of the total cost of Construction 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 transportation improvement 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 transportation improvement project, the City shall, prior to the project being advertised for construction 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, including preliminary engineering, final design, right-of-way, construction and construction engineering expenses as may be directly related thereto.
SECTION 3. Utilities and Right-of-Way Stetement - The LPA grants permission to the Director of the Ohio Department of Transportation to acquire in the name of the LPA all necessary right-of-way required for the described Project. The LPA agrees to be responsible for all utility accommodation, relocation, and reimbursement and agrees that all such accommodations, relocations, and reimbursements 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; (2) provide ample financial provisions, as necessary, for the maintenance of the described Project; (3) maintain the right-of-way, keeping it free of obstructions; and (4) hold said right-of-way inviolate for public highway purposes.
SECTION 5. Consultants and Authority to Sign - The Director of Recreation and Parks of said City is hereby empowered on behalf of the City of Columbus to enter into contracts with ODOT pre-qualified consultants for the preliminary engineering phase of the project and to enter into contracts with the Director of Transportation necessary to complete the above described project.
The LPA agrees that if Federal Funds are used to pay the cost of any consultant contract, the LPA shall comply with 23 CFR 172 in the selection of its consultant and the administration of the consultant contract. Further the LPA agrees to incorporate ODOT's "Specifications for Consulting Services" as a contract document in all of its consultant contracts. The LPA agrees to require, as a scope of services clause, that all plans prepared by the consultant must conform to ODOT's current design standards and that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the Project. The LPA agrees to include a completion schedule acceptable to ODOT and to assist ODOT in rating the consultant's performance through ODOT's Consultant Evaluation System.
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.