Explanation
This is consent legislation with the State of Ohio, Department of Transportation (ODOT) for a Streetscape enhancement project on US 62D (West Town Street) from approximately Civic Center Drive to South High Street. The purpose of this project is to provide pedestrian-friendly streetscape improvements by creating plaza/park areas and providing parking areas. Work will include constructing new pavement, curbs, street lights, signals with mast arms and minor drainage improvements.
(FRA-US62D-1.43 PID 79043)
Construction and Construction Engineering will be funded by ODOT up to a maximum amount of $3,000,000.00. The estimated Construction cost of this project is $3,061,990.00. The amount in excess of the ODOT funding will be provided by the Columbus Downtown Development Corporation.
Emergency action is requested in order for ODOT to proceed with the project schedule in 2006.
Since this project lies within the City of Columbus, this consent ordinance is necessary.
Fiscal Impact: The estimated cost of this project is $3,061,990.00. ODOT will fund Construction and Construction Engineering up to $3,000,000.00. The amount in excess of the ODOT funding, now estimated to be $61,990.00, will be funded by the Columbus Downtown Development Corporation. 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 US 62D (West Town Street) Streetscape Improvement Project 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.
WHEREAS, the City has identified the need for the described project:
This project proposes to reconstruct Town Street and narrow the existing pavement width. The purpose of the project is to provide pedestrian-friendly streetscape improvements by creating plaza/park areas and provide parking areas. Work will include constructing new pavement, curbs, street lights, signals with mast arms and minor drainage improvements. Project limits extend on US 62D (West Town Street) from approximately Civic Center Drive to South High Street; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to grant consent, propose cooperation and enter agreements as necessary with ODOT in order for ODOT to proceed with the project schedule in 2006, thereby preserving the public health, peace, property, safety and welfare; 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.
The City agrees to assume and bear one hundred percent (100%) of the total cost of Preliminary Engineering and Right of Way (if applicable). Further, the City agrees to assume and bear one hundred percent (100%) of the total cost of Construction less the amount of federal funds set aside by the Director of Transportation and the Federal Highway Administration.
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.
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 grants permission to the Director of the Ohio Department of Transportation to acquire in the name of the LPA all necessary right-of-way required for the described project. The LPA agrees to be responsible for all utility accommodation, relocation, and reimbursement and agrees that all such accommodations, relocations, and reimbursements shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.
SECTION 4 - Maintenance
Upon completion of the described 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 described 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 - Consultants and 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 ODOT prequalified consultants for the preliminary engineering phase of the project and to enter into contracts with the Director of Transportation necessary to complete the above-described project. Upon the request of ODOT, the Director of Public Service is also empowered to assign all rights, title, and interests of the City of Columbus to ODOT arising from any agreements with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity.
The LPA agrees that if Federal Funds are used to pay the cost of any consultant contract, the LPA shall comply with 23 CFR 172 in the selection of its consultant and the administration of the consultant contract. Further, the LPA agrees to incorporate ODOT's "Specifications for Consulting Services" as a contract document in all of its consultant contracts. The LPA agrees to require, as a scope of services clause, that all plans prepared by the consultant must conform to ODOT's current design standards and that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the project. The LPA agrees to include a completion schedule acceptable to ODOT and to assist ODOT in rating the consultant's performance through ODOT's Consultant Evaluation System.
SECTION 6 - 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.