Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to grant consent and propose cooperation with the Ohio Department of Transportation (ODOT) relative to the FRA-70-21 project, PID 109014.
The aforementioned effort, the construction of which is slated to commence in the summer of 2023, encompasses various safety upgrades at the interchange of I-70 and Hamilton Road, including adding conduit from the intersection at the bridge, south on Hamilton Road to Groves Road and other associated work.
ODOT will ask the City to approve final legislation for the project at a later date. City Council previously approved legislation resulting in the establishment of an Auditor’s Certificate to support the local share of associated construction costs.
2. FISCAL IMPACT
The local share of construction costs is projected to be $34,000.00 based on initial cost estimates, which are subject to change. Ordinance 1372-2021 authorized the appropriation, encumbrance, and expenditure of that sum to satisfy the obligation owed by the City to ODOT.
3. EMERGENCY DESIGNATION
Emergency action is requested in order to maintain the project schedule established by ODOT and to promote highway safety.
Title
To authorize the Director of Public Service to grant consent and propose cooperation with the Director of the Ohio Department of Transportation relative to the FRA-70-21.33 project, PID 109014; and to declare an emergency. ($0.00)
Body
WHEREAS, the Ohio Department of Transportation (ODOT) proposes completing various safety upgrades at the interchange of I-70 and Hamilton Road, including adding conduit from the intersection at the bridge, south on Hamilton Road to Groves Road and other associated work; and
WHEREAS, the aforementioned project is located within the Columbus corporate boundaries; and
WHEREAS, this ordinance authorizes the Director of Public Service to grant consent and to agree to cooperate with the Ohio Department of Transportation relative to the FRA-70-21.33 project, PID 109014; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to grant consent and propose cooperation for this project in order to maintain the schedule established by ODOT and to promote highway safety, thereby preserving the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
That the following is an Ordinance enacted by the City of Columbus, Franklin County, Ohio, hereinafter referred to as the Local Public Agency (LPA).
SECTION 1 - PROJECT DESCRIPTION
WHEREAS, the STATE has identified the need for the described project:
ODOT project to add conduit from the intersection at the bridge, south on Hamilton Rd to Groves Rd along with other associated work within the City of Columbus.
SECTION 2 - CONSENT STATEMENT
Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described project.
SECTION 3 - COOPERATION STATEMENT
The LPA shall cooperate with the Director of Transportation in the above described project as follows:
The LPA agrees to participate in 100% of the cost of conduit related design and construction items.
The LPA further agrees to pay One Hundred Percent (100%) of the cost of those features requested by the LPA which are determined by the State and Federal Highway Administration to be unnecessary for the Project.
The LPA further agrees that change orders and extra work contracts required to fulfill the construction contracts shall be processed as needed. The State shall not approve a change order or extra work contract until it first gives notice, in writing, to the LPA. The LPA shall contribute its share of the cost of these items in accordance with other sections herein.
SECTION 4 - MAINTENANCE
Upon completion of the described Project, and unless otherwise agreed, the LPA shall: (1) provide adequate maintenance for the described Project in accordance with all applicable state and federal law, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, 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 - AUTHORITY TO SIGN
The Public Service Director of said City of Columbus 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 Public Service Director 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 - EMERGENCY
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 and or vetoes the same.