Explanation
BACKGROUND: This ordinance will provide payment to the Ohio Department of Transportation (ODOT) for the US33 urban paving project in Northwest Columbus. This project includes partial and full depth pavement reconstruction; planing and reconstructing mainline pavement with asphalt concrete; replacing pavement markings, loop detectors, and raised pavement markers. The project limits extend from 0.36 miles south of the intersection of State Route 161 and US Route 33 to the intersection of US Route 33 and Trabue Road, lying within the City of Columbus. Total work length of this project being approximately 7.13 miles. In order to provide payment to the Ohio Department of Transportation in a short turnaround time to meet the ODOT schedule for this project City Staff estimated the City share and the estimated amount was legislated. Since then the ODOT estimate has been received by the Transportation Division and it is higher than the City estimate. This legislation repeals ordinance 2043-2005 passed 12/12/2005 and provides sufficient funding for the estimated City share of this project required by ODOT before the project is bid. (FRA-US33-4.28 PID 25593)
Emergency action is requested in order to provide payment to ODOT for this project as timely as possible. The City share of this project and copies of legislation are required before the project can be bid. The original bid date for this project was scheduled for January 25, 2006 which was stated in ordinance 2043-2005; however, this bid date had since been moved by ODOT to March 8, 2006.
FISCAL IMPACT: The total share of the cost for the City is now estimated to be $75,030.00, but the estimated amount will be adjusted so that the City's ultimate share of the cost of the improvement shall correspond with the actual cost when said actual costs are determined. Funds for the City's share of this project in the amount of $50,000.00 were budgeted in the 2005 Transportation Division Capital Improvement Budget and are available within the 1995, 1999, 2004 Voted Streets and Highways Fund in the Federal State Match Project. Additional funds in the amount of $25,030.00 are available in the Street and Highway Improvement Fund in the Urban Paving Project. This amount includes inspection and contingency funds.
Title
To authorize the Public Service Director to enter into agreement with the Director of the Ohio Department of Transportation for the US Route 33 urban paving project; to appropriate and authorize the expenditure of $25,030.00 within the Street and Highway Improvement Fund; to authorize the expenditure of $50,000.00 from the 1995, 1999, 2004 Voted Streets and Highways Fund, to repeal ordinance 2043-2005; and to declare an emergency. ($75,030.00)
Body
The following Ordinance enacted by the City of Columbus, Ohio, hereinafter referred to as the Legislative Authority or Local Public Agency or "LPA", in the matter of the stated described project.
WHEREAS, in order to process payment in a timely manner to meet a schedule set by the Ohio Department of Transportation for this project the project cost was estimated by City Staff and legislated in advance of receiving an estimate from the Ohio Department of Transportation, and
WHEREAS, the estimate received from the Ohio Department of Transportation was higher than expected and additional funds are required for the City's share of this project, and
WHEREAS, ordinance 2043-2005 is hereby repealed in order to provide sufficient funds for the City share of this project, and
WHEREAS, on the 18th day of October, 2004, the LPA enacted legislation (Ordinance 1481-2004) proposing cooperation with the Director of the Ohio Department of Transportation (Director of Transportation) for the described project:
This project proposes to Resurface US Route 33 from 0.36 miles south of the intersection of State Route 161 and US Route 33 to the intersection of US Route 33 and Trabue Road, lying within the City of Columbus. Total work length of this project being approximately 7.13 miles; and
WHEREAS, the LPA shall cooperate with the Director of Transportation in the above described project as follows:
The City agrees to assume and bear one hundred percent (100%) of the entire cost of the improvement, less the amount of Federal-aid and State funds set aside by the Director of Transportation for the financing of this improvement from funds allocated by the Federal Highway Administration, U.S. Department of Transportation, and further, the City agrees to assume and bear one hundred percent (100%) of the cost of preliminary engineering, excluding in-house preliminary engineering incurred by the State.
Also, the City agrees to assume and bear the entire cost and expense of the installation and/or repair of curb ramps which are necessary to ensure compliance with the Americans with Disabilities Act.
In addition, the City also agrees to assume and bear one hundred percent (100%) of the cost of any construction items requested by the City on the entire improvement, which are not necessary for the improvement, as determined by the State and Federal Highway Administration.
The share of the cost of the LPA is now estimated in the amount of Seventy Five Thousand Thirty and ---- 00/100 dollars, ($75,030.00), but said amount is to be adjusted in order that the LPA's ultimate share of said improvement shall correspond with said percentages of actual costs when said actual costs are determined; and
WHEREAS, the Director of the Ohio Department of Transportation has approved said legislation proposing cooperation and has caused to be made plans and specifications and an estimate of cost and expense for improving the above described highway improvement and has transmitted copies of the same to this legislative authority; and
WHEREAS, the LPA desires the Director of Transportation to proceed with the aforesaid highway improvement; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that it is the sense of this Council that the Director of the Ohio Department of Transportation must proceed with the aforesaid highway improvement, 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 LPA enter into a contract with the State, and that the Public Service Director be and is hereby authorized to execute said contract, providing for the payment of the LPA the sum of monies set forth herein below for improving the described project.
Section 2. That the sum of Fifty Thousand and 00/100 Dollars, ($50,000.00) or so much thereof as may be needed be and is hereby authorized to be expended from the 1995, 1999, 2004 Voted Streets and Highways Fund, Fund 704, Transportation Division, Department No. 59-09, O.L One/Three Codes 06/6631, OCA Code 644385, Project 530208 and the sum of Twenty Five Thousand Thirty and 00/100 is hereby appropriated and authorized to be expended from the Street and Highway Improvement Fund, Fund 766, Transportation Division, Department 59-09, O.L One/Three Codes 06/6631, OCA Code 530840, Project 530840 in the Urban Paving Project for the improvement described above and the fiscal officer is hereby authorized and directed to issue an order on the treasurer for said sum upon the requisition of the Director of Transportation to pay the cost and expense of said improvement. We hereby agree to assume in the first instance, the share of the cost and expense over and above the amount to be paid from State funds.
Section 3. That the LPA hereby requests the Director of Transportation to proceed with the aforesaid highway improvement.
Section 4. That ordinance 2043-2005 passed 12/12/2005 is hereby repealed.
Section 5. 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 day after passage if the Mayor neither approves nor vetoes the same.