Explanation
Background: This is consent legislation with the Ohio Department of Transportation (ODOT) for phase one of a two phase construction project to create a riverfront promenade along the western side of Civic Center Drive. Roadway work will include the reduction of pavement width, resurfacing the roadway and changing Civic Center Drive from one-way to two-way traffic. Enhancements to the roadway will include construction of a balustrade, signals, lighting, trees, benches, fountain, sculptural elements and sidewalk pavers. Project limits extend on Civic Center Drive from 355 feet north of Broad Street to Town Street. (FRA-CIVIC CENTER DRIVE-PID 80823)
Construction of this project is scheduled for State Fiscal Year 2008. This legislation also authorizes the Public Service Director to enter into the necessary agreements to complete this project.
Fiscal Impact: The estimated construction cost of this project is $9,700,000.00. ODOT will fund 80% of construction costs up to a maximum of $2,184,000. The remaining balance of the project now estimated at $7,516,000.00 will be funded by The Columbus Downtown Development Corporation. There is no funding required at this time from the City.
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 this Civic Center Drive Project from 355 feet north of Broad Street to Town Street for the Transportation Division. ($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 is for Phase One of a two phase construction project to create a riverfront promenade along the western side of Civic Center Drive. Roadway work will include the reduction of pavement width, resurfacing the roadway and changing Civic Center Drive from one-way to two-way traffic. Enhancements to the roadway will include construction of a balustrade, signals, lighting, trees, benches, fountain, sculptural elements and sidewalk pavers. Project limits extend on Civic Center Drive from 355 feet north of Broad Street to Town Street.
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.
The City agrees to assume and bear one hundred percent (100%) of the total cost of Preliminary Engineering and right of way and utility relocation. 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 agrees to acquire and/or make available to ODOT, in accordance with current Sate and Federal regulations, all necessary right-of-way required for the described project. The LPA also understands that right of way costs include eligible utility costs. The LPA agrees to be responsible for all utility accommodation, relocation, and reimbursement shall comply that all utility accommodation, relocation, and reimbursement will comply with the current provision 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 - Consultants and 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 ODOT pre-qualified 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 agreement 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 - This ordinance shall take effect and be in force from and after the earliest period allowed by law.