Resolution 06-11RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc.. Fonn No. 30015
06 -11
Resolution No.
Passed 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF
TRANSPORTATION (ODOT) FOR PRELIMINARY ENGINEERING
AND DETAILED DESIGN FOR THE I- 270/US 33 INTERCHANGE
UPGRADE, PHASE 1 (FRA- 270 - 17.29) ODOT PH) NUMBER 88310
WHEREAS, the City of Dublin desires to improve traffic safety, operations and efficiencies of I-
270 and US 33, and the interchange where these two facilities meet; and
WHEREAS, the City has identified the need to upgrade the I- 270/US 33 Interchange so that the
capacity of the interchange keeps pace with the demands generated by economic development
efforts in Dublin; and
WHEREAS, the Dublin Community Plan promotes working cooperatively with surrounding
jurisdictions to promote regional transportation planning and programming; and
WHEREAS, the City of Dublin and the ODOT have agreed to cooperatively plan and design for
the identified transportation improvement project; and
WHEREAS, this project is a result of the FRA- 2701US33 planning study completed under PID
75154; and
WHEREAS, this project will complete the preliminary engineering for the reconstruction of the
FRA -270 at US33 /SR161 interchange to include replacement of loop ramps with flyover ramps and
possible widening of US 33 from Avery Road to Frantz Road; and
WHEREAS, the City of Dublin hereby agrees to cooperate with the Director of Transportation of
the State of Ohio in the planning and design of the identified highway improvement project and
grants consent to ODOT for its development of the project in accordance with plans, specifications
and estimates as approved by the Director.
NO�V, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. The City Manager is hereby authorized to enter into a Cooperative Planning and Design
Agreement with ODOT for the improvement of the I- 270/US 33 Interchange, Phase 1, in
substantially the same form as attached, with changes not inconsistent with this Resolution and not
substantially adverse to this City and which shall be approved by the City Manager and Director of
Finance. The approval of changes thereto by those officials, and their character as not being
substantially adverse to the City, shall be evidenced conclusively by their execution thereof.
Section 2 . The City Manager, the Clerk of Council, the Director of Law, the Director of Finance,
or other appropriate officers of the City are hereby authorized to prepare and sign all agreements and
instruments and to take any other actions as may be appropriate to implement this Resolution. The
City Manager and the Director of Finance are also authorized, for and in the name of the City, to
execute any amendments to the Cooperative Planning and Design Agreement, which amendments
are not inconsistent with this Resolution and not substantially adverse to this City.
Section 3. This Resolution shall take effect upon adoption in accordance with Section 4.04(a) of
the Revised Charter.
i
Passed this day of /7-a 2011.
1 r
V
Mayor - Pre u g Officer
Attest:
0-71 �
Clerk of Council
CrrY OF DUBLIN_
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614-410-4400 • Fax: 614- 410 -4490
To: Dublin City Council
From: Marsha Grigsby, City Manager m
Date: February 24, 2011
Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Jean -Ellen M. Willis, PE, Engineering Manager - Transportation
Memo
Re: Resolution No. 06 -11 -ODOT Consent Legislation — I- 270 /US 33 Interchange
Upgrade, Phase 1
Summary
In cooperation with the Ohio Department of Transportation (ODOT), the City was successful in
securing $2 million from the Transportation Review Advisory Council (TRAC) in 2010 for the I-
270/US 33 Interchange Upgrade, Phase 1. This grant will advance the project through the preliminary
engineering and environmental field studies needed in the State of Ohio's project development process.
Engineering and Legal staff have been working cooperatively with ODOT to solidify an agreement
regarding the Dublin's financial responsibilities for this project. A design consultant has been selected
through the ODOT Programmatic May 17, 2010 consultant program. Work is set to begin in the near
future, once the agreement between ODOT and the City of Dublin is acceptable to both parties.
The agreement outlines that the federal funds set aside by the Director of Transportation (S2 million) for
this project shall be used to cover the cost of the Environmental /Preliminary Development Phase and the
Detailed Design phase. However, if the allotted federal funds do not cover the entire cost of the
Environmental/Preliminary Development Phase and Detailed Design Phase, the City agrees to pay the
portion of the excess costs that are preauthorized by the City. The City's estimated share of $500,000
was programmed in the City's 2011 -2015 Capital Improvements Program. A supplemental
appropriation ordinance will be prepared in the future to request the needed funding authorization. The
agreement further stipulates that the City agrees to contribute the local share obligation as previously
approved by the City upon receipt of an invoice from ODOT.
Finally, this contract provides that, should the City choose not to pursue this project, then the City
agrees to repay ODOT the amount of federal funds spent at the close of the tenth fiscal year following
the passage of this resolution, if the federal government requests and receives reimbursement from
ODOT for the sum of federal funds used in the preliminary engineering phase (environmental and
detailed design). This section of the contract provides that if funding contributions by either ODOT or
the federal government to the project are less than eighty percent of the total estimated costs, then
Dublin is not responsible for repayment of the federal funds.
Recommendation
Staff recommends Council approval of Resolution 06 -11, authorizing the City Manager to enter into an
agreement between the City of Dublin and the Ohio Department of Transportation for the I -270/ US -33
Interchange Upgrade, Phase 1 project.
COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND
THE OHIO DEPARTMENT OF TRANSPORTATION FOR PRELMINARY
ENGINEERING AND DETAILED DESIGN FOR THE I- 270 /US 33 INTERCHANGE
UPGRADE, PHASE 1 (FRA- 270 - 17.29) ODOT PID NUMBER 88310
WHEREAS, the City of Dublin ( "City ") desires to improve traffic safety, operations and
efficiencies of I -270 and US33, and the interchange where these two facilities meet, and such
improvements are necessary for the continued economic success of the City; and
WHEREAS, the City and the Ohio Department of Transportation ( "ODOT ") have
agreed to cooperatively plan and design for the identified transportation improvement project;
and
WHEREAS, This project is a result of the FRA- 270/US33 planning study completed
under PID 75154; and
WHEREAS, this project will complete the preliminary engineering for the
reconstruction of the FRA -270 at US33 /SR161 interchange to include replacement of loop ramps
with flyover ramps and possible widening of US33 from Avery Road to Frantz Road; and
WHEREAS, the City hereby agrees to cooperate with the Director of Transportation of
the State of Ohio in the planning and design of the identified highway improvement project and
grants consent to ODOT for its development and construction of the project in accordance with
plans, specifications and estimates as approved by the Director.
NOW, THEREFORE, in consideration of the foregoing and of the covenants and
agreements herein contained, the parties, intending to be legally bound, agree as follows:
SECTION I - Project Description
Preliminary Engineering for the reconstruction of the FRA -270 at US33 /SR161
interchange to include replacement of loop ramps with flyover ramps and possible widening of
US33 from Avery Road to Frantz Road. This project is a result of the FRA- 270/US33 planning
study completed under PID 75154.
SECTION II - Consent Statement
Being in the public interest, the City gives consent to the Director of Transportation to
complete the above described project.
SECTION III - Cooperation Statement
The City shall cooperate with the Director of Transportation in the above described
project as follows:
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• The City hereby agrees to cooperate with the Director of Transportation of
the State of Ohio in the planning and design of the identified highway
improvement project and grants consent to ODOT for its development of
the project in accordance with plans, specifications and estimates as
approved by the Director; and
• Federal funds set aside by the Director of Transportation for this project
shall be used to cover the cost of Environmental/Preliminary Development
Phase and Detailed Design phase. To the extent federal funds do not
cover the entire cost of the Environmental/Preliminary Development
Phase and Detailed Design Phase, the City will pay for such portion of the
excess costs as have been preauthorized by the City; and
• The City agrees to contribute such local share obligations as have been
previously approved by the City upon receipt of an invoice from ODOT.
If the City, in its sole and absolute discretion and due to no adverse funding actions of
either ODOT or the federal government (ODOT and federal government contributions to the
project are assumed at no less than eighty percent), elects not to pursue this project by the close
of the 10 fiscal year following the execution of this Agreement and any authorizing legislation,
then, if the federal government requests and receives reimbursement from ODOT for the sum of
federal funds used in the preliminary engineering phase (environmental and detailed design), the
City agrees to repay ODOT such funds.
SECTION IV - Utilities and Right -of -Way Statement
If the Project requires right -of -way acquisition, the City agrees to acquire and /or make
available to ODOT, in accordance with current State and Federal regulations, all necessary right -
of -way required for the described Project. Regardless, the City also understands that right-of-
way costs include eligible utility costs. The City 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 V - Maintenance
Upon completion of the described Project, and unless otherwise agreed, the City 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.
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SECTION VI - Consultants and Authority to Sign
The City Manager is hereby empowered on behalf of the City 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 City Manager is also empowered to assign all rights,
title, and interests of the City 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.
SECTION VII — General Provisions
This Agreement constitutes the entire and integrated agreement between the Parties. Any
change to the provisions of this Agreement shall be made by written amendment executed by all
of the Parties.
Neither this Agreement nor any rights, duties, or obligations described in it may be
assigned by a Party without the prior express written consent of the other Party.
This Agreement will be construed and interpreted and the rights of the Parties determined
under the laws of the State of Ohio.
Any person executing this Agreement in a representative capacity warrants that he or she
has been duly authorized by his or her principal to execute this Agreement on such principal's
behalf.
Rest of Page Left Intentionallv Blank
Suture Page to Follow
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day of 1 2011.
C
LI-IN
CITY OF DUBLIN, OHIO STATE OF OHIO
Signature of Director
Marsha I. Grigsby, City Manager
BY:
Director, Ohio Department of Transportation
Approved as to Form:
Stephen J. Smith, Law Director
CERTIFICATION OF FUNDS
I hereby certify that funds required to meet the City's obligation, payment, or expenditure
under this Agreement have been lawfully appropriated or authorized for such purpose and are
free from any obligation now outstanding.
Bryan K. Thurman, Deputy Director of Finance
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