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File #: 0298-2009    Version: 1
Type: Ordinance Status: Passed
File created: 2/19/2009 In control: Public Service & Transportation Committee
On agenda: 4/6/2009 Final action: 4/7/2009
Title: To authorize the Director of Public Service 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 this Polaris Parkway Urban Paving Project for the Division of Design and Construction.($0.00)
Explanation
1.  BACKGROUND
Background:  This is consent legislation with the Ohio Department of Transportation (ODOT) for an urban paving  project.  The project proposes to resurface DEL-750 (Polaris Parkway) from South Old State Road to Lyra Drive.  The scope of work is to perform partial depth pavement reconstruction; plane and resurface pavement with asphalt concrete; and replace pavement markings and loop detectors. (DEL-750-7.26 PID 81909)
 
43 ADA curb ramps will be added or reconstructed in these project limits as a separate project.
This is an Ohio Department of Transportation resurfacing project and there no new sidewalks or bike paths associated with the City of Columbus portion of this project to be constructed.   All existing bus stops will be preserved and/or maintained and maintenance of traffic plans take into account active bus stops for the project throughout construction.
 
Since a portion of this project lies within the City of Columbus, this consent ordinance is necessary.  Construction of this project is scheduled for Summer 2010. This legislation also authorizes the Director of Public Service to enter into the necessary agreements to complete this project.
 
2.  FISCAL IMPACT
Fiscal Impact:  The estimated total cost of this project is $500,000.  The City's share is currently estimated at $250,000.  Prior to the project being constructed legislation for the City's share will be submitted.
 
Title
To authorize the Director of Public Service 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 this Polaris Parkway Urban Paving Project for the Division of Design and Construction.($0.00)
 
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 has identified the need for the described project:
The project proposes to perform pavement reconstruction and resurface pavement on DEL-750 (Polaris Parkway) from South Old State Road to Lyra Drive; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
 
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.
 
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 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.  
 
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 (100%) 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 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 will 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 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 5 - Authority to Sign
The Director of Public Service 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.