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File #: 1151-2009    Version: 1
Type: Ordinance Status: Passed
File created: 8/26/2009 In control: Public Service & Transportation Committee
On agenda: 9/21/2009 Final action: 9/22/2009
Title: To provide the Director of Public Service with the authority to waive the surety bonding/letter of credit requirements associated with future "Agreements to Improve Streets" between the City and COTA, and to declare an emergency.
Explanation:
1. BACKGROUND
The Central Ohio Transit Authority (COTA) is currently planning several improvement projects within the City of Columbus. As part of this process, COTA has proposed to make certain modifications to adjacent public roadways for the purpose of improving pedestrian accessibility to its facilities.

Section 901.01(f) of Columbus City Codes, 1959, currently requires entities wishing to make such roadway improvements to enter into an "Agreement to Improve Streets" with the Director of Public Service and to provide to the City a surety bond, or letter of credit, equal to the amount estimated to complete each of these roadway improvements. However, as a public entity COTA is also required to obtain a surety bond, or letter of credit, from their contractor(s) for all proposed work, including work within the public right-of-way on City streets. Therefore, the current requirements of the City and COTA would result in these proposed public roadway improvements being bonded twice, thereby doubling COTA's cost for ensuring this work is completed in a satisfactory manner, while providing little or no additional benefit . Therefore, COTA requests that these surety bonds be waived, on a project by project basis, for all proposed work, including work within the public right-of-way on City streets.

In an effort to eliminate this expense to another public entity, this ordinance authorizes the Director of Public Service to waive on a project by project basis the surety bonding/letter of credit requirements associated with Section 901.01(f) of Columbus City Code, 1959, from within future "Agreements To Improve Streets" between the City and COTA for public roadway improvements associated with COTA projects and each agreement shall remain in effect for so long as the COTA remains in compliance with the following conditions:

1. In lieu of surety bonding/letter of credit, COTA shall, as a part of these future "Agreements to Improve Streets," cer...

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