Explanation
1. BACKGROUND
This ordinance authorizes the Director of the Department of Public Service to modify an agreement with and provide additional funding to the Ohio Department of Transportation (ODOT) relative to the FRA-3-19.92 (Westerville Rd) project, PID 106260.
The aforementioned effort, which is slated to commence in the spring of 2024, encompasses various improvements to the stretch of SR-3 from Cleveland Avenue to SR-161, including resurfacing, pavement widening, and bridge work.
Ordinance 0526-2023, which passed on March 6, 2023, authorized the Director of the Department of Public Service to grant consent and propose cooperation with ODOT for the FRA-3-19.92 (Westerville Rd) project, PID 106260.
Ordinance 3095-2023, which passed on December 11, 2023, authorized the Director of the Department of Public Service to execute a contribution agreement or other instrument with ODOT relative to the aforementioned project and the encumbrance and expenditure of up to $594,070.00 to support the local share of estimated construction costs.
However, when ODOT let the project on January 11, 2024, the apparent low bid substantially exceeded the original cost estimate, prompting ODOT to seek more funding from the Department of Public Service to support completion of the project. The purpose of this legislation is to enable the Department of Public Service to satisfy its additional financial obligations related to that effort.
2. FISCAL IMPACT
Funding in the amount of up to $149,920.00 is available within the Streets and Highways Bond Fund within the Department of Public Service to support the local share of estimated construction costs. An amendment to the 2023 Capital Improvement Budget is necessary for the purpose of providing sufficient cash and spending authority for the aforementioned expenditure.
3. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
ODOT is a political subdivision of the State of Ohio. As such, City of Columbus MBE/WBE/SLBE program requirements are not applicable.
4. EMERGENCY DESIGNATION
Emergency action is requested to enable the Department of Public Service to make payment to ODOT as soon as reasonably practicable in order to maintain the project schedule established by ODOT and to promote highway safety.
Title
To amend the 2023 Capital Improvement Budget; to authorize the transfer of cash and appropriation within the Streets and Highways Bond Fund; to authorize the Director of the Department Public Service to modify an agreement with and to provide additional funding to the Ohio Department of Transportation relative to the FRA-3-19.92 project, PID 106260; to authorize the expenditure of $149,920.00 from the Streets and Highways Bond Fund to support the aforementioned project; and to declare an emergency. ($149,920.00)
Body
WHEREAS, the Ohio Department of Transportation (ODOT) is administering the FRA-3-19.92 (Westerville Rd) project, PID 106260, which encompasses various improvements to the stretch of SR-3 from Cleveland Avenue to SR-161, including resurfacing, pavement widening, and bridge work; and
WHEREAS, the aforementioned project is located within the corporate boundaries of Columbus; and
WHEREAS, Ordinance 0526-2023 authorized the Director of the Department of Public Service to grant consent and to agree to cooperate with ODOT relative to the aforementioned project; and
WHEREAS, Ordinance 3095-2023 authorized the Director of the Department of Public Service to enter into a contribution agreement with and to make payment in the amount of $594,070.00 to ODOT relative to the FRA-3-19.92 (Westerville Rd) project, PID 106260; and
WHEREAS, when ODOT let the project on January 11, 2024, the apparent low bid substantially exceeded the original cost estimate, prompting ODOT to seek more funding from the Department of Public Service to support completion of the project; and
WHEREAS, this legislation seeks to authorize the modification of the existing agreement between Public Service and ODOT and the encumbrance and expenditure of additional funds for that purpose; and
WHEREAS, it is necessary to authorize an amendment to the 2023 Capital Improvement Budget and a transfer of cash and appropriation for the purpose of providing sufficient cash and budget authority for the aforementioned project expenditure; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the passage of this legislation to enable the Department of Public Service to make payment to ODOT as soon as reasonably practicable in order to maintain the schedule established by ODOT and to promote highway safety, 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 2023 Capital Improvement Budget authorized by Ordinance 1711-2023 be and is hereby amended to provide sufficient budget authority for the expenditure as follows:
Fund / Project / Project Name / Current / Change / Amended
7704 / P530282-100152 / Resurfacing - Urban Paving - FRA-3-19.87 (Westerville Rd) PID106260 (Voted Carryover) / $594,070.00 / $86,973.00 / $681,043.00 (to match cash)
7704 / P533008-100000 / Arterial Street Rehabilitation - Williams Road Corridor - Scioto River to S. Hamilton Rd (Voted Carryover) / $416,486.00 / ($62,947.00) / $353,539.00
7704 / P530282-100152 / Resurfacing - Urban Paving - FRA-3-19.87 (Westerville Rd) PID106260 (Voted Carryover) / $681,043.00 / $62,947.00 / $743,990.00
7704 / P530282-100051 / Resurfacing - Resurfacing Projects (Voted 2022 SIT Supported) / $6,800,567.00 / ($62,947.00) / $6,737,620.00
7704 / P533008-100000 / Arterial Street Rehabilitation - Williams Road Corridor - Scioto River to S. Hamilton Rd (Voted 2022 SIT Supported) / $0.00 / $62,947.00 / $62,947.00
SECTION 2. That the transfer of $62,947.30, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 59-12 (Division of Design and Construction), Project P533008-100000 (Arterial Street Rehabilitation - Williams Road Corridor - Scioto River to S. Hamilton Rd), Object Class 06 (Capital Outlay) to Dept-Div 59-11 (Division of Infrastructure Management), Project P530282-100152 (Resurfacing - Urban Paving - FRA-3-19.87 (Westerville Rd) PID106260), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That the Director of the Department of Public Service be and hereby is authorized to modify a contribution with the Ohio Department of Transportation (ODOT) and to make payment to ODOT relative to the FRA-3-19.92 (Westerville Rd) project, PID 106260.
SECTION 4. That the expenditure of $149,920.00, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 59-11 (Division of Infrastructure Management), Project P530282-100152 (Resurfacing - Urban Paving - FRA-3-19.87 (Westerville Rd) PID106260), in Object Class 06 (Capital Outlay), per the accounting codes in the attachment to this ordinance.
SECTION 5. 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 6. 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 7. 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 8. 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.