Explanation
The Ohio Department of Transportation (ODOT) intends to resurface a portion of U. S. Route 23D (Third Street) within the City of Columbus as part of its Urban Pavement Program. Project limits extend on US23D from south of the bridge over Nationwide Boulevard/Naughten Street to the junction of Fulton Street. The project proposes to perform partial depth asphalt repairs, plane and resurface pavement with asphalt concrete and replace pavement markings and loop detectors. Work will also be performed on the Front Street over IR70, High Street over IR70, Third Street over IR70 and Grant Avenue over IR70 bridge structures that will include repairing/replacing sidewalks, patching bridge decks, overlaying bridge decks with asphalt concrete and installation of pedestrian safety barriers/planters, decorative light poles and banner fixtures and vinyl fencing. This is consent legislation to permit the State of Ohio to undertake said work and is necessary since the project limits are within the City of Columbus. FRA-US23D-3.22, PID Number 24942.
Eighty percent (80%) of the total roadway surface treatment costs of this project will be funded by ODOT. Columbus must contribute twenty percent (20%) of this cost and one hundred percent (100%) of the cost of non-surface related items such as curbs, gutters, utility relocation expenses and partial and full-depth asphalt repairs and an amount for construction inspection. No financial obligation to the City of Columbus is necessary at this time but will be required later, subsequent to the determination of costs. This legislation also authorizes the Public Service Director to enter into the necessary agreement(s) to complete this project.
Funding for Columbus' share has not been specifically identified at this time, however, these costs are budgeted within the federal/state match portion of the Transportation Division's 1995, 1999 Voted Streets and Highways Fund. Future legislation will be submitted to request approval of the expenditure of the necessary funds.
Emergency action is requested to expedite this highway project and promote motorist and pedestrian safety at these locations as quickly as possible.
Title
To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation to grant consent and propose cooperation with the State of Ohio for a roadway improvement project to resurface a portion of U. S. Route 23D (Third Street) for the Transportation Division and to declare an emergency. ($-0-)
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 stated described project.
SECTION 1 - Project Description
WHEREAS, the State of Ohio has identified the need for the described project:
This project proposes to perform partial depth asphalt repairs; plane and resurface pavement with asphalt concrete; and replace pavement markings and loop detectors. Work will also be performed on the following structures: Front Street over IR70; High Street over IR70; Third Street over IR70; and Grant Avenue over IR70. Structure work for each location will include repairing/replacing sidewalks; patching bridge decks; overlaying bridge decks with asphalt concrete; installation of pedestrian safety barriers/planters; installation of decorative light poles and banner fixtures; and installation of vinyl fencing. This is a District Six Urban Paving project.
Project limits extend on US23D (North/South Third Street) from south of the bridge over Nationwide Boulevard/Naughten Street to the junction of Fulton Street, and
WHEREAS, an emergency exists in the usually daily operation of the Transportation Division, Public Service Department, in that it is immediately necessary to proceed with this roadway improvement as soon as possible in order to promote and enhance motorist and pedestrian safety, thereby preserving the public health, peace, property, safety and welfare, now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 2 - Consent Statement
Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above-described project.
SECTION 3 - Cooperation Statement
The LPA shall cooperate with the Director of Transportation in the above-described project as follows:
That prior to the construction commencement date of the above-referenced project, the LPA shall install and/or repair all curb ramps which are necessary to ensure compliance with the Americans with Disabilities Act and the LPA agrees to assume and bear one hundred percent (100%) of the cost of such installation and/or repair of curb ramps.
The City agrees to assume and bear one hundred percent (100%) of the total cost of Preliminary Engineering.
The City will assume and bear one hundred percent (100%) of the cost of construction less the amount of Federal and State funds set aside by the Director of Transportation and the Federal Highway Administration. The City will assume and bear one hundred percent (100%) of the cost of curbs, gutters, utility relocations, partial- and full depth pavement repairs and other non-surface related items. 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.
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 of the Ohio Department of Transportation.
In the event that the City requests certain features or appurtenances be included within the highway 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 State's highway 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 State's project, including preliminary engineering, final design, right-of-way, construction and construction engineering expenses as may be directly related thereto.
SECTION 4 - Utilities and Right-of-Way Statement
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 will comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.
SECTION 5 - Maintenance
Upon completion of the project, and unless otherwise agreed, the LPA shall: (1) provide adequate maintenance for the project in accordance with all applicable state and federal law, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial resources, as necessary, for the maintenance of the 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 6 - Authority to Sign
The Public Service Director is hereby empowered on behalf of the City of Columbus to enter into a contract(s) with the Director of Transportation necessary to complete the above-described project.
SECTION 7 - 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.