Explanation
1. BACKGROUND
The City of Columbus is currently engaged in the Roadway Improvements - Emerald Parkway Project. This Project involves widening .49 miles of Emerald Parkway to five lanes from Tuttle Crossing Boulevard to Rings Road. The Project will also include a raised median, curb and gutter, roundabouts, street lighting, shared use path, and sidewalk.
Columbus received an Ohio Public Works Commission (OPWC) grant award up to $4,373,647 on July 1, 2010 towards the cost of the completion of the project. The Director of Public Service entered into Agreement with OPWC on November 9, 2010 under authority of Ordinance 1067-2009.
The purpose of the legislation is to authorize the Director of the Department of Public Service to enter into a construction agreement with the City of Dublin (Dublin) for the Construction of the Roadway Improvements - Emerald Parkway project. Dublin will deposit $1,026,705.28 towards the Construction of the Project with Columbus.
This legislation also authorizes the Director of Public Service to enter into an addendum to the cooperative design and right-of-way acquisition agreement with the City of Dublin for the project. The original Cooperative Design and Right-of-Way Acquisition Agreement between Columbus and Dublin was executed May 19, 2010 between the two parties under the authority of Resolution 13-10 (passed on February 22, 2010) by Dublin and under the authority of Ordinance (1366-2009) passed on November 11, 2009 and Ordinance 1689-2010 (final action on 12/16/2010) by Columbus.
In this Addendum, Columbus and Dublin agree to changes in the costs and responsibilities of design, utility relocation, and right-of-way acquisition due to mutually agreed to changes in the Scope of Improvements for the Project. Dublin also agrees to reimburse Columbus up to $1 million in additional costs for right-of-way acquisition and/or utility relocation for the project. Additionally, this ordinance authorizes the Director of Public Service to accept these funds for the project.
2. FISCAL IMPACT
The City of Dublin will deposit $1,026,705.28 with the City of Columbus for the construction of this project. Also, Dublin will provide $1,000,000.00 for right-of-way acquisition and/or utility relocation for the project. This ordinance authorizes the Director of Public Service to accept these funds for this project.
3. EMERGENCY DESIGNATION
The Department of Public Service is requesting this ordinance to be considered an emergency measure in order to allow for immediate execution of these agreements which are necessary to maintain the project schedule and fulfill requirements for OPWC funding.
Title
To authorize the Director of Public Service to enter into a construction agreement and an addendum to the cooperative design and right-of-way acquisition agreement with The City of Dublin, for the design, construction, right of way acquisition, and utility relocation necessary for the Roadway Improvements - Emerald Parkway Project; to accept funds provided by the City of Dublin; and to declare an emergency. ($0.00)
Body
WHEREAS, ordinance 1366-2009 authorized the Director of Public Service to enter into a reimbursement agreement with the City of Dublin for the Emerald Parkway Improvement project up to $650,000.00 for design and costs incurred for the Roadway Improvements - Emerald Parkway Improvement project for the Division of Design and Construction; and
WHEREAS, on May 19, 2010 the Cooperative Design and Right-of-Way Acquisition Agreement between Columbus and Dublin was executed to provide for the design and acquisition necessary for the construction of the various roadway and associated infrastructure improvements for this project; and
WHEREAS, ordinance 1689-2010 authorized a modification to the reimbursement agreement with the City of Dublin for the design of the Emerald Parkway project to provide additional funding for project
WHEREAS, this ordinance authorizes the Director of Public Service to enter into construction reimbursement agreement and addendum to the cooperative design and right-of-way acquisition agreement with The City of Dublin for the Roadway Improvements - Emerald Parkway project; and
WHEREAS, this ordinance also authorizes the Director of Public Service to accept funds provided by the City of Dublin for this project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction, in that it is immediately necessary to authorize said agreements to maintain the project schedule, fullfill OPWC requirements, and meet community commitments; thereby immediately preserving the public health, peace property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Service be and hereby is authorized to enter into a construction agreement, an addendum to the cooperative design and right-of-way acquisition agreement, other agreements, as necessary, with The City of Dublin, for the design, construction, right of way acquisition, and utility relocation necessary for the Roadway Improvements - Emerald Parkway project and to accept funds provided by the City of Dublin for the project.
SECTION 2. 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 3. 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.