Explanation
This is consent legislation with the State of Ohio, Department of Transportation (ODOT) for a bridge reconstruction project on the US33 (Livingston Avenue) structure over Alum Creek. This past summer ODOT was conducting some concrete maintenance on the bridge and found a large amount of section loss on the cantilevered sidewalk. This situation is not considered a threat to public safety at this time; however, a contract will be let by ODOT in 2007 for the reconstruction of the sidewalks and bridge railing. The project is scheduled for construction in State Fiscal Year 2008. (FRA-US33-20.40 PID 82002)
Fiscal Impact: The estimated construction cost of the project is $200,000.00, which will be funded by ODOT. There is no cost to the City of Columbus for this project. This legislation also authorizes the Director of Public Service to enter into the necessary agreements to complete this project.
Title
To authorize the Public Service Director to enter into an agreement with the Director of the Ohio Department of Transportation and to grant consent and propose cooperation with the State of Ohio for the reconstruction of the US33 (Livingston Avenue) over Alum Creek Drive structure. ( $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.
WHEREAS, the State of Ohio has identified the need for the described project:
This is an emergency project to reconstruct the sidewalks and bridge railing on the FRA-US33-20.40 structure (Livingston Avenue over Alum Creek); 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 of Transportation of the State of Ohio.
The Ohio Department of Transportation shall assume and bear one hundred percent (100%) of the total costs of Preliminary Engineering, Right of Way, utility relocation (if applicable) and Construction.
The City agrees to assume and bear one hundred percent (100%) of the total costs 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 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 shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.
SECTION 4 - 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 provisions, 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 5 - Authority to Sign
The Public Service Director of said City is hereby empowered on behalf of the City of Columbus to enter into contracts with the Director of Transportation necessary to complete the above-described project.
SECTION 6 - This ordinance shall take effect and be in force from and after the earliest period allowed by law.