16-00 Resolution
RECORD OF RESOLUTIONS
Dayton legal Blank Co, Farm No, 30045
I'
II I
II Fassed 19 I
I Resolution No. 16-00 m'4=
I
,
A RESOLUTION AUTHORIZING THE CITY MANAGER I
TO SIGN THE FINAL RESOLUTION AND CONTRACT I
i
ADOPTING PLANS; PROPOSING TO COOPERATE; ,
I
REQUESTING DIRECTOR TO PROCEED WITH THE i
,
WIDENING OF DUBLIN-GRANVILLE ROAD I
(STATE ROUTE 161) I
i
i
I
i
I
WHEREAS, the City of Dublin has submitted final construction plans to the Ohio !
Department of Transportation; and ,
I
i
I
WHEREAS, the City of Dublin has fulfilled all Federal and State requirements prior to i
start of construction of S.R. 161 between Sawmill Road and Dale Drive; and i
I
WHEREAS, City Council, on July 6, 1999, passed Ordinance No, 80-99, establishing a I
I
i
cooperative agreement with the State of Ohio, Department of Transportation for the S,R, I
161 widening project from Dale Drive to Sawmill Road; and I
I
I
I
WHEREAS, the Ohio Department of Transportation has acquired rights-of-way and I
easements necessary for the construction of a four-lane boulevarded road between \
Sawmill Road and Dale Drive; and
WHEREAS, utilities are being relocated within the new right-of-way to accommodate
the widened four-lane boulevarded section.
NOW, Tt::REFORE, BE IT RESOLVED by Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1, The City Manager is authorized to execute on behalf of the City of Dublin the
Final Resolution, attached hereto, as Exhibit A, and Contract as Exhibit B, all as more
fully described in the said instruments,
Section 2. The Resolution shall be effective upon passage in accordance with Section
4,04 of the Revised Charter,
Passed this 71~ day o~, 2000
~~~
ATTEST:
~~_ A... C!.- ~
Clerk of Council
I hereby certify that copies of this Ord~nance/Resolution were posted in th~
City of Dublin in accordance witn Sedlon 731.25 of the lMlio Revised (ode.
As9:-. Cle
CITY OF DUBLIN Memo
Division of Engineering
5800 Shier-Rings Road
Dublin, Ohio 43016-1236
Phone: 614-761-6550
Fax: 614-761-6506
To: City Council
From: Timothy C. Hansley, City Manager
~ 'Q \1>\.
Initiated By: Balbir S, Kindra, Director of Engineering/City Engineer i2'c;
Re: Resolution No. 16-00
Authorizing the City Manager to Sign Final Resolution and Contract
With the Ohio Department of Transportation (ODOT) Concerning
Improvement of State Route 161 Between Sawmill Road and Dale Drive.
Date: January 19,2000
Attached is Resolution No. 16-00 authorizing the City Manager to sign the subject
documents for the Ohio Department of Transportation's (ODOT) improvements to
S,R, 161.
Attached is an exhibit, which was provided to you several months ago, showing the
general layout of this improvement. Upon your approval, the Final Resolution and
Contract, along with several other pertinent documents must be delivered to ODOT
prior to February 21. Sale of the contract for this project will be on July 5, 2000. I have
reviewed the attached resolution and contract and recommend your approval.
G:\Word\SRI61 Resolution and Contract to Council for Approval.doc
THIS FINAL RESOLUTION REPLACES THE ONE SENT JANUARY 12, 2000.
(Ordinance No. 80-99) PIDNo. 11600
Project No. _ (2000)
FINAL RESOLUTION
Adopting plans;
Proposing to co-operate;
Requesting Director to proceed;
, - (Chapter 5521, Ohio Revised Code)
Mr. \1' ~--t e. V So VI , moved the adoption of the following Resolution:
WHEREAS, At a meeting of the legislative autthrity of the I of Dublin, Ohio, held
in the office of said legislative authority on this 1.-( day of Y1 ~y ,2000,
a quorum being present, the improvement of State Route 161, provisio s of Chapter
5521, Ohio Revised Code, came on for further consideration; said portion of highway as
described in the legislation proposing cooperation with the Director of Transportation,
enacted on the 6th day of July, 1999, being described as follows:
The widening of Dublin-Granville Road (State Route 161) to a four-lane divided
facility from west of Dale Drive to Sawmill Road, lying within the City of
Dublin. Total work length of project being approximately 1.485 miles; and
WHEREAS, In said legislation proposing cooperation, said legislative authority
proposed to cooperate with the Director of Transportation in the improvement of State
Route 161. The City agrees to assume and bear one hundred percent (100%) of the
cost of Right of Way and Construction, less the amount of Federal-aid and State
funds set aside by the Director of Transportation for the financing of this
improvement from funds allocated by the Federal Highway Administration, U.S.
Department of Transportation, and further, the City agrees to assume and bear one
hundred percent (100%) of the cost of Preliminary Engineering, excluding in-house
preliminary engineering charges incurred by the State.
In addition, the City agrees to assume and bear one hundred percent (100%) of
the cost of any construction items requested by the City on the entire improvement,
which are not necessary for the improvement, as determined by the State and
Federal Highway Administration.
The Director of Transportation notwithstanding the percentage basis of contribution may
allocate the money contributed in whatever manner he may deem necessary in financing
the cost of construction, rights-of-way, engineering and incidental expenses.
1
PID No. 11600 - Final Resolution
The total share of the cost for the City of Dublin is now in the estimated amount of Five
Million Two Hundred Eighty Five Thousand One Hundred Seventy Six and - - - -
00/100 Dollars, ($5,285,176.00), less City RlW deposit on RE Invoice No. 06005
applied in the amount of Two Million Seven Hundred Sixty Four Thousand and - - - -
00/100 Dollars, ($2,764,000.00), leaving a balance due of Two Million Five Hundred
Twenty One Thousand One Hundred Seventy Six and - - - - 00/100 Dollars,
($2,521,176.00), but said estimated amount is to be adjusted in order that the City's
ultimate share of the cost of said improvement shall correspond with said percentages of
actual costs when said actual costs determined; and
WHEREAS, The Director of Transportation has approved said legislation proposing
cooperation and has caused to be made plans and specifications and an estimate of cost
and expense for improving the above described highway and has transmitted copies of the
same to this legislative authority; and
WHEREAS, This legislative authority desires the Director of Transportation to proceed
with the aforesaid highway improvement.
Now, Therefore, Be it Resolved:
I. That the section of highway above described be improved under the provisions of
aforesaid law. That said work be done under the charge, care and superintendence
of the Director of Transportation and that said plans, specifications and estimates for
this highway improvement as approved by the Director of Transportation are hereby
approved and adopted by this legislative authority.
II. Change orders and extra work contracts required to fulfill the construction contract
shall be processed as needed. The Director of Transportation shall not approve a
change order or extra work contract until he first gives notice, in writing, to this
legislative authority. This legislative authority shall contribute its share ofthe cost of
these items in accordance with other sections herein.
III. That this legislative authority is still of the opinion the proposed work on the described
highway should be constructed, and that we should co-operate on the basis set forth
in our proposal.
IV. That the sum of Two Million Five Hundred Twenty One Thousand One Hundred
Seventy Six and - - - - 00/100 Dollars, ($2,521,176.00), is hereby appropriated for
improving the highway described above, and the fiscal officer is hereby authorized
and directed to issue his order on the treasurer for said sum upon the requisition of
the Director of Transportation to pay the cost and expense of said improvement. We
hereby agree to assume, in the first instance, the share ofthe cost and expense over
and above the amount to be allocated from Federal Funds.
2
PID No. 11600 - Final Resolution
V. That the installation of utility facilities on the right-of-way shall conform with the
requirements of Title 23 CFR 645 "Utilities" and the Department of Transportation
rules on Utility Accommodation.
VI. That it is hereby agreed that the City shall, at its own expense, make all
rearrangements of water mains, service lines, fire hydrants, valve boxes, sanitary
sewers, or other municipally owned utilities and/or any appurtenances thereto, which
do not comply with the Ohio Department of Transportation utilities Manual and the
provisions of 5501.51 of the Ohio Revised Code, whether inside or outside the
corporate limits as may be necessary to conform to the said improvement and said
rearrangements shall be done at such time as requested by the Department of
Transportation Engineer.
VII. That traffic control signals will be installed on the project only when recommended by
a study of roadway and traffic conditions by a traffic engineer or when at least one of
the warranting conditions specified in the Ohio Manual of Uniform Traffic Control
Devices is met and the municipality does hereby agree to place and maintain all traffic
control devices conforming to the Ohio Manual of Uniform Traffic Control Devices on
the improvement in compliance with the provisions of Section 4511.11 and related
sections of the Ohio Revised Code.
VIII. That the rights-of-way provided for said improvement shall be held inviolate for public
highway purposes and no signs, posters, billboards, roadside stands or other private
installations shall be permitted within the right-of-way limits.
IX. That this legislative authority of Dublin, Ohio, hereby requests the Director of
Transportation to proceed with the aforesaid highway improvement.
X. That this legislative authority of Dublin, Ohio, shall enter into a contract with the
Director of Transportation providing for the payment by said legislative authority ofthe
sum of Two Million Five Hundred Twenty One Thousand One Hundred Seventy
Six and - - - - 00/100 Dollars, ($2,521,176.00), the agreed proportion ofthe cost and
expense to be borne by the City of Dublin,Ohio, for the improvement of the
hereinbefore described highway.
XI. That the Clerk of this legislative authority be, and he is hereby directed to transmit to
the Director of Transportation a certified copy of these Resolutions.
;
XII. This Resolution is hereby declared to be an emergency measure by reason of the
need for expediting construction ofproject(s) to promote highway safety and provided
it receives the affirmative vote of two-thirds of the members elected to the legislative
authority, it shall take effect and be in force upon its passage and approval by the
City Manager; otherwise, it shall take effect and be in force from and after the
earliest period allowed by law.
3
PID No. 11600 - Final Resolution
Thereupon, Mr. C? ~ "VI-<-~ seconded the said motion; and upon the
roll being called, the result of the vote was as follows:
Vote on suspension of the rule requiring an ordinance to be fully and distinctly read
on three different days: IV/ 4
(Requires a.yea vote by three-fourths of all elected members)
Yeas Nays
Vote on emergency clause: jl/ / If
Yeas Nays
Passed; r vh V U{Vr 7 ,2000.
0
Yeas (p Nays
As An Emergency Measure. 11//4-
Passed: ,2000.
Attest ~(L.~
Clerk City Manager
Attest
Presiding Officer of the
Legislative Authority
State of Ohio )
) Office of the Legislative Authority
Dublin, Ohio )
This is to certify that we have compared the foregoing copy and Resolution with the
original record thereof, found in the record ofthe proceeding ofthe legislative authority of
the City of Dublin, Ohio, Whi~ Resolution duly passed by said authority of the City
of Dublin, Ohio, on the 71', day of ; 2000, and that the
same is a true and correct copy of the record of said Res ution and the action of said
legislative authority thereon: '
4
PID No. 11600 - Final Resolution
We further certify that said Resolution and the action of said legislative authority
thereon is recorded in the journal of aid legislative authority in volume / {, ,... 0 '1 , at page
- , and under date of <... b ~ , 2000.
IN WITNESS WHEREOF, We have hereunto set out hands and seal, this / &~day
of MCLt/" , 2000.
Presiding Officer
* SEAL
~ a-~
Clerk (Secretary Ex-Officio)
Legislative Authority of the
City of Dublin, Ohio
*Note: If the fiscal officer is secretary Ex-Officio of the Legislative Authority, the fiscal officer's Seal should
be affixed. If there is no seal this fact should be stated by separate letter and attached hereto,
5
,
THIS CONTRACT REPLACES THE ONE DATED JANUARY 12, 2000.
PIDNo. 11600
Project No. (2000)
CONTRACT
(Chapter 5521, Ohio Revised Code)
Note: Before the signing of this contract the fiscal officer must make and seal and file
with the Legislative Authority his certificate of funds in strict compliance with
Chapter 5521, and Section 5705.41, Ohio Revised Code. The fiscal officer should
record his certificate of funds in the Legislative Authority's journal.
This contract and agreement made in duplicate this 1!..bday of t<,
2000, by and between the City of Dublin, hereinafter referred to as the legislative aut ority
and the State of Ohio, hereinafter referred to as the State, witnesseth:
WHEREAS, On the 6th day of July, 1999, said legislative authority adopted
legislation proposing to cooperate with the State in the highway improvement, which is to
be made by and under the supervision of the Director of Transportation, said highway
improvement being described as follows:
The widening of Dublin-Granville Road (State Route 161) to a four-lane
divided facility from west of Dale Drive to Sawmill Road, lying within the
City of Dublin. Total work length of project being approximately 1.485
miles; and
WHEREAS, Thereafter, on the 14th day of July, 1999, the Director of Transportation
accepted the proposal of said legislative authority to cooperate with the State in said
highway improvement; and
WHEREAS, On the day of , 2000, the Director of
Transportation determined to make the proposed highway improvement, when; in his
judgment, conditions permit the advertising and awarding of a contract, therefore; and
WHEREAS, Thereafter, on the 2nd day of May, 2000, the Director Transportation
submitted plans and estimates for said highway improvement to the legislative authority
for approval; and
1
PID No. 11600 - Contract
WHEREAS, Thereafter, on the 71 t. day of 2000,
said legislative authority duly adopted a resolution, approving plans, roposing to
co-operate, requesting the Director of Transportation to proceed and resolving to enter in
to a contract with the State in conformity with previous resolutions, providing for the
payment by said legislative authority of the estimated sum of Five Million Two Hundred
Eighty Five Thousand One Hundred Seventy Six and - - - - 00/100 Dollars,
($5,285,176.00), less City RIW deposit on RE Invoice No. 06005 applied in the
amount of Two Million Seven Hundred Sixty Four Thousand and - - - - 00/1 00 Dollars,
($2,764,000.00), leaving a balance due in the amount of Two Million Five Hundred
Twenty One Thousand One Hundred Seventy Six and - - - - 00/100 Dollars,
($2,521,176.00), the share of said legislative authority in the total estimated cost and
expense of said proposed highway improvement;
WHEREAS, The Clerk has reported to this legislative authority that a certified copy
of such Resolution has been duly transmitted to said Director of Transportation; and
WHEREAS, This legislative authority assumes and agrees to pay as its share of the
cost and expense of construction of said highway improvement the sum of money herein
before set forth, which moneys are now available for the purpose and as to which the fiscal
officer has filed with said legislative authority a certificate that such moneys are in fund, all
as required by statute, a duplicate of which certificate has been filed with the Director of
Transportation; and
WHEREAS, In said legislation proposing cooperation, said legislation authority
proposed to cooperate with the Director of Transportation in the improvement of State
Route 161. The City agrees to assume and bear one hundred percent (100%) of the
cost of Right of Way and Construction, less the amount of Federal-aid and State
funds set aside by the Director of Transportation for the financing of this
improvement from funds allocated by the Federal Highway Administration, U.S.
Department of Transportation, and further, the City agrees to assume and bear one
hundred percent (100%) of the cost of Preliminary Engineering, excluding in-house
preliminary engineering charges incurred by the State.
In addition, the City agrees to assume and bear one hundred percent (100%) of
the cost of any construction items requested by the City on the entire improvement,
which are not necessary for the improvement, as determined by the State and
Federal Highway Administration.
2
PID No. 11600 - Contract
The Director of Transportation notwithstanding the percentage basis of contribution
may allocate the money contributed in whatever manner he may deem necessary in
financing the cost of construction, rights-of-way, engineering and incidental expenses.'
The total share of the cost for the City of Dublin is now estimated in the amount of
Two Million Five Hundred Twenty One Thousand One Hundred Seventy Six and _ _ _
- 00/100 Dollars, ($2,521,176.00), but said estimated amount is to be adjusted in order
that the City's ultimate share of the cost of said improvement shall correspond with said
percentages of actual costs when said actual costs determined; and
WHEREAS, Said legislative authority agrees that upon completion of said
improvement it will, thereafter, keep said highway open to traffic at all times; and
(a) Maintain the improvement in accordance with the provisions of the statutes
relating thereto, and make ample financial and other provisions for such
maintenance; and
(b) Maintain the Right-of-way and keep it free of obstructions in a manner
satisfactory to the State of Ohio and hold said right-of-way inviolate for public
highway purposes and permit no signs, posters, billboards, roadside stands or
other private installations within the right-of-way limits; and
(c) Will place and maintain all traffic control devices conforming to the Ohio Manual
Uniform Traffic Control Devices on the improvement in compliance with the
provisions of Section 4511.11 and related sections of the Ohio Revised Code;
and
(d) Regulate parking in the following manner:
Prohibit parking in accordance with Section 4511.66 ofthe Ohio Revised Code,
unless otherwise controlled by local ordinance or resolution.
WHEREAS, Said Gity further agrees:
(a) That all existing street and public way right-of-way within the City which, is
necessary for the aforesaid improvement, shall be made available therefore.
(b) Thatthe City will acquire any additional right-of-way required for the construction
of the aforesaid improvement in accordance with the applicable State and
Federal Regulations and instructions given by the State.
3
. , , PID No. 11600 - Contract
(c) That arrangements obtained from all public utility companies whose lines or
structures will be affected by the said improvement and said companies have
agreed to make any and all necessary plant removals or rearrangements in such
a manner as to be clear of any construction called for by plans of said
improvement and said companies have signed agreed to make such necessary
rearrangements immediately after notification by the City or the Department of
Transportation Engineer.
(d) That it is hereby agreed that the City shall at, its own expense, make all
rearrangements of water mains, service lines, fire hydrants valve boxes, sanitary
sewers, or other municipally owned utilities and/or any appurtenances thereto,
which do not comply with the Ohio Department of Transportation utilities Manual
and the provisions of 5501.51 of the Ohio Revised Code, whether inside or
outside the corporate limits as may be necessary to conform to the said
improvement and said rearrangements shall be done at such time as requested
by the Department of Transportation Engineer.
(e) That the construction, reconstruction, and/or rearrangements of both publicly
and privately owned utilities, referred to in subsections (c) and (d) above, shall
be done in such a manner as not to interfere unduly with the operation of the
contractor constructing the improvement and all backfilling of trenches made
necessary by such utility rearrangements shall be performed in accordance with
the provisions of the Ohio Department of Transportation Construction and
Material Specifications and shall be subject to approval by the State.
(f) That the installation of all utility facilities on the right-of-way shall conform with
the requirements of Title 23 CFR 645 "Utilities" and the Department of
Transportation rules on Utility Accommodation.
(g) That the City hereby agrees to accept responsibility for any and all damages
or claims for which it is legally liable arising from the negligence of its officers,
employees or agents in the performance of the City's obligations made or
agreed to in Sections (a), (b), (c), and (d), (e) and (f) hereinabove. Likewise, the
State agrees to accept responsibility for any and all damages or claims for which
it is legally liable arising from the negligence of its officers, employees or agents
in the performance of the State's obligations made or agreed to in Sections (a),
(b), (c), (d), (e) and (f) herein above.
(h) Change orders and extra work contracts required to fulfill the construction
contract shall be processed as needed. The Director of Transportation shall not
approve a change order or extra work contract until he first gives notice, in
writing, to this legislative authority. This legislative authority shall contribute its
share of these items in accordance with other sections herein.
4
. PID No. 11600 - Contract
NOW, THEREFORE, in consideration of the foregoing and the construction of said
improvement desired and determined by the legislative authority of Dublin, Ohio, said
legislative authority hereby contracts and agrees with the State of Ohio that it will pay, as
its agreed proportion of the cost and expense of said improvement, the estimated sum of
Two Million Five Hundred Twenty One Thousand One Hundred Seventy Six and - - -
- 00/100 Dollars, ($2,521,176.00), and that the same shall be paid by the proper City
Officials upon the requisition of the Director of Transportation.
For the City of Dublin, Ohio
~&---~
Attest City Manager
(Contractual Officer(s) Signature(s)
and Title) of Dublin, Ohio.
State of Ohio
Accepted by:
Attest Director of Transportation
State of Ohio )
) Office of the Legislative Authority
Du~lin, Ohio )
This is to certify that we have compared the foregoing copy and contract with the
original record thereof, found in the record of the proceedings of the legislative authority
of DUblir&~iO, and which ontract was duly signed by the City Manager of Dublin, Ohio,
on the day of , 2000, and that the same is a true and
correct copy of the record of aid contract and the action of said legislative authority
thereon.
We further certify that said contract and the actions of said legislative authority
thereon is recorded in the journal of said legislative authority in volume / ~ -0 d, at page
· and under date of .fi1 ';1; 7 . 2000.
IN WITNESS WHEREOF, We have h reunto set our hands and seal, this / t 1A. day
of .AA7/ ,2000.
Presiding Officer
* SEAL
~ t:!- ~
Clerk (Secretary Ex-Officio)
Legislative Authority of the
City of Dublin, Ohio
Note: If the fiscal officer is secretary ex-officio of the Legislative Authority, the fiscal officer's seal should
be affixed. If there is no seal, this fact should be stated by separate letter and attached hereto.
5
THIS FINAL RESOLUTION REPLACES THE PREVIOUS ONE SENT JANUARY 5,2000.
(Ordinance No. 80-99) PIDNo. 11600
Project No. _ (2000)
FINAL RESOLUTION
Adopting plans;
Proposing to co-operate;
Requesting Director to proceed;
(Chapter 5521, Ohio Revised Code)
Mr. Ye. ..f'..e r SOh , moved the adoption of the following Resolution:
r-
WHEREAS, At a meeting of the legislative authority of the ity of Dublin, Ohio, held
in the office of said legislative authority on this t1 J, day of ,2000,
a quorum being present, the improvement of State Route 161, provisions of apter 5521,
Ohio Revised Code, came on for further consideration; said portion of highway as
described in the legislation proposing cooperation with the Director of Transportation,
enacted on the 6th day of July, 1999, being described as follows:
The widening of Dublin-Granville Road (State Route 161) to a four-lane divided
facility from west of Dale Drive to Sawmill Road, lying within the City of
Dublin. Total work length of project being approximately 1.485 miles; and
WHEREAS, In said legislation proposing cooperation, said legislative authority
proposed to cooperate with the Director of Transportation in the improvement of State
Route 161. The City agrees to assume and bear one hundred percent (100%) of the
cost of Right-of-Way and Construction, less the amount of Federal-aid and State
funds set aside by the Director of Transportation for the financing of this
improvement from funds allocated by the Federal Highway Administration, U.S.
Department of Transportation, and further, the City agrees to assume and bear one
hundred percent (100%) of the cost of Preliminary Engineering, excluding in-house
preliminary engineering charges incurred by the State.
In addition, the City agrees to assume and bear one hundred percent (100%) of
the cost any construction items requested by the City on the entire improvement,
which are not necessary for the improvement, as determined by the State and
Federal Highway Administration.
The Director of Transportation notwithstanding the percentage basis of contribution may
allocate the money contributed in whatever manner he may deem necessary in financing
the cost of construction, rights-of-way, engineering and incidental expenses.
1
PID No. 11600 - Final Resolution
The total share of the cost for the City of Dublin is now in the estimated amount of Five
Million Four Hundred Eighty Five Thousand One Hundred Seventy Six and - - - -
001100 Dollars, ($5,485,176.00), less City Right-of-Way deposit on RE Invoice No.
06005 applied in the amount of Two Million Seven Hundred Sixty Four Thousand
and -... - - 001100 Dollars, ($2,764,000.00), leaving a balance due of Two Million Seven
Hundred Twenty One Thousand One Hundred Seventy Six and - - - - Dollars,
($2,721,176.00), but said estimated amount is to be adjusted in order that the City's
ultimate share of the cost of said improvement shall correspond with said percentages of
actual costs when said actual costs determined; and
WHEREAS, The Director of Transportation has approved said legislation proposing
cooperation and has caused to be made plans and specifications and an estimate of cost
and expense for improving the above described highway and has transmitted copies ofthe
same to this legislative authority; and
WHEREAS, This legislative authority desires the Director of Transportation to proceed
with the aforesaid highway improvement.
Now, Therefore, Be it Resolved:
I. That the section of highway above described be improved under the provisions of
aforesaid law. That said work be done under the charge, care and superintendence
of the Director of Transportation and that said plans, specifications and estimates for
this highway improvement as approved by the Director of Transportation are hereby
approved and adopted by this legislative authority.
II. Change orders and extra work contracts required to fulfill the construction contract
shall be processed as needed. The Director of Transportation shall not approve a
change order or extra work contract until he first gives notice, in writing, to this
legislative authority. This legislative authority shall contribute its share of the cost of
these items in accordance with other sections herein.
III. That this legislative authority is still ofthe opinion the proposed work on the described
highway should be constructed, and that we should co-operate on the basis set forth
in our proposal.
IV. Thatthe sum of Two Million Seven Hundred Twenty One Thousand One Hundred
Seventy Six and - - - - Dollars, ($2,721,176.00), is hereby appropriated for improving
the highway described above, and the fiscal officer is hereby authorized and directed
to issue his order on the treasurer for said sum upon the requisition of the Director of
Transportation to pay the cost and expense of said improvement. We hereby agree
to assume, in the first instance, the share of the cost and expense over and above
the amount to be allocated from Federal Funds.
2
PID No. 11600 - Final Resolution
V. That the installation of utility facilities on the right-of-way shall conform with the
requirements of Title 23 CFR 645 "Utilities" and the Department of Transportation
rules on Utility Accommodation.
VI. That it is hereby agreed that the City shall, at its own expense, make all
rearrangements of water mains, service lines, fire hydrants, valve boxes, sanitary
sewers, or other municipally owned utilities and/or any appurtenances thereto, which
do not comply with the Ohio Department of Transportation utilities Manual and the
provisions of 5501.51 of the Ohio Revised Code, whether inside or outside the
corporate limits as may be necessary to conform to the said improvement and said
rearrangements shall be done at such time as requested by the Department of
Transportation Engineer.
VII. That traffic control signals will be installed on the project only when recommended by
a study of roadway and traffic conditions by a traffic engineer or when at least one of
the warranting conditions specified in the Ohio Manual of Uniform Traffic Control
Devices is met and the municipality does hereby agree to place and maintain all traffic
control devices conforming to the Ohio Manual of Uniform Traffic Control Devices on
the improvement in compliance with the provisions of Section 4511.11 and related
sections of the Ohio Revised Code.
VIII. That the rights-of-way provided for said improvement shall be held inviolate for public
highway purposes and no signs, posters, billboards, roadside stands or other private
installations shall be permitted within the right-of-way limits.
IX. That this legislative authority of Dublin, Ohio, hereby requests the Director of
Transportation to proceed with the aforesaid highway improvement.
X. That this legislative authority of Dublin, Ohio, shall enter into a contract with the
Director of Transportation providing for the payment by said legislative authority of the
sum of Two Million Seven Hundred Twenty One Thousand One Hundred Seventy
Six and - - - - Dollars, ($2,721,176.00), the agreed proportion of the cost and
expense to be borne by the City of Dublin, Ohio, for the improvement of the
hereinbefore described highway.
XI. That the Clerk of this legislative authority be, and he is hereby directed to transmit to
the Director of Transportation a certified copy of these Resolutions.
XII. This Resolution is hereby declared to be an emergency measure by reason of the
need for expediting construction of project( s) to promote highway safety and provided
it receives the affirmative vote of two-thirds of the members elected to the legislative
authority, it shall take effect and be in force upon its passage and approval by the
City Manager; otherwise, it shall take effect and be in force from and after the
earliest period allowed by law.
3
PID No. 11600 - Final Resolution
Thereupon, Mr. J2e.., I ~ c.,y seconded the said motion; and upon the
roll being called, the result of the vote was as follows:
Vote on suspension of the rule requiring an ordinance to be fully and distinctly read
on three different days: N ( A-
(Requires a yea vote by three-fourths of all elected members)
Yeas Nays
Vote on emergency clause: tV f {}
Yeas Nays
Passed: ,jy, b VIAe. Yj 7 ,2000.
Yeas & Nays 0
As An Emergency Measure. tJ lit-
Passed: ,2000.
Attest
Clerk ~
Attest ~ C!-~ ~ .>(
Presiding Officer of the
Legislative Authority
State of Ohio )
) Office of the Legislative Authority
Dublin, Ohio )
This is to certify that we have compared the foregoing copy and Resolution with the
original record thereof, found in the record of the proceeding of the legislative authority of
the City of Dublin, Ohio, Whihh Resolutio~as duly passed by said authority of the City
of Dublin, Ohio, on the If day of . f h V"u.p...Y"~ ' 2000, and that the
same is a true and correct copy of the record of said R olutlon and the action of said
legislative authority thereon.
4
PIO No. 11600 - Final Resolution
We further certify that said Resolution and the action of said legJ2ative authority
thereon is recorded in the journal of saidLegislative authority in volume .. 00, at page
---- , and under date of ...::; ~ Y fA. a". r 7 ' 2000.
I WITNESS WHEREOF, We have hereunto set out hands and seal, this J..ik..day
of ,2000. ~
d~ X
Presiding Officer
* SEAL
~ e-~
Clerk (Secretary Ex-Officio)
Legislative Authority of the
City of Dublin, Ohio
*Note: If the fiscal officer is secretary Ex-Officio of the Legislative Authority. the fiscal officer's Seal should
be affixed. If there is no seal this fact should be stated by separate letter and attached hereto.
5
PID No. 11600 - Final Resolution
We further certify that said Resolution and the action of said legislative authority
thereon is recorded in the journal of aid legislative authority in volume I {, - 0 '1 , at page
- , and under date of b I' , 2000.
IN WITNESS WHEREOF, We have hereunto set out hands and seal, this / &1I.day
of M,/ ,2000.
Presiding Officer
* SEAL
~ C!.- ~
Clerk (Secretary Ex-Officio)
Legislative Authority of the
City of Dublin, Ohio
*Note: If the fiscal officer is secretary Ex-Officio of the Legislative Authority. the fiscal officer's Seal should
be affixed. If there is no seal this fact should be stated by separate letter and attached hereto.
5
..
-
,
THIS CONTRACT REPLACES THE PREVIOUS ONE SENT JANUARY 5, 2000.
PIDNo. 11600
Project No. (2000)
CONTRACT
(Chapter 5521, Ohio Revised Code)
Note: Before the signing of this contract the fiscal officer must make and seal and file
with the Legislative Authority his certificate of funds in strict compliance with
Chapter 5521 , and Section 5705.41, Ohio Revised Code. The fiscal officer should
record his certificate of funds in the Legislative Authority's journal.
This contract and agreement made in duplicate this 11b day of bYl ~
2000, by and between the City of Dublin, hereinafter referred to as the legislative auth
and the State of Ohio, hereinafter referred to as the State, witnesseth:
WHEREAS, On the 6th day of July, 1999, said legislative authority adopted
legislation proposing to cooperate with the State in the highway improvement, which is to
be made by and under the supervision of the Director of Transportation, said highway
improvement being described as follows:
The widening of Dublin-Granville Road (State Route 161) to a four-lane
divided facility from west of Dale Drive to Sawmill Road, lying within the
City of Dublin. Total work length of project being approximately 1.485
miles; and
WHEREAS, Thereafter, on the 14th day of July, 1999, the Director of Transportation
accepted the proposal of said legislative authority to cooperate with the State in said
highway improvement; and
WHEREAS, On the day of , 2000, the Director of
Transportation determined to make the proposed highway improvement, when, in his
judgment, conditions permit the advertising and awarding of a contract, therefore; and
WHEREAS, Thereafter, on the 12th day of January, 2000, the Director Transpor-
tation submitted plans and estimates for said highway improvement to the legislative
authority for approval; and
1
.
PIDNo.11600-Contract
WHEREAS, Thereafter, on the 7-1"'-' day of 2000,
said legislative authority duly adopted a resolution, approving pi s, proposing to
co-operate, requesting the Director of Transportation to proceed and resolving to enter in
to a contract with the State in conformity with previous resolutions, providing for the
payment by said legislative authority of the estimated sum of Five Million Four Hundred
Eighty Five Thousand One Hundred Seventy Six and - - - - 00/100 Dollars,
($5,485,176.00), less City Right-of-Way deposit on RE Invoice No. 06005 applied in
the amount of Two Million Seven Hundred Sixty Four Thousand and - - - - 00/100
Dollars, ($2,764,000.00), leaving a balance due in the amount of Two Million Seven
Hundred Twenty One Thousand One Hundred Seventy Six and - - - - Dollars,
($2,721,176.00), the share of said legislative authority in the total estimated cost and
expense of said proposed highway improvement;
WHEREAS, The Clerk has reported to this legislative authority that a certified copy
of such Resolution has been duly transmitted to said Director of Transportation; and
WHEREAS, This legislative authority assumes and agrees to pay as its share of the
cost and expense of construction of said highway improvement the sum of money herein
before set forth, which moneys are now available for the purpose and as to which the fiscal
officer has filed with said legislative authority a certificate that such moneys are in fund, all
as required by statute, a duplicate of which certificate has been filed with the Director of
Transportation; and
WHEREAS, In said legislation proposing cooperation, said legislation authority
proposed to cooperate with the Director of Transportation in the improvement of State
Route 161. The City agrees to assume and bear one hundred percent (100%) of the
cost of Right-of-Way and Construction, less the amount of Federal-aid and State
funds set aside by the Director of Transportation for the financing of this
improvement from funds allocated by the Federal Highway Administration, U.S.
Department of Transportation, and further, the City agrees to assume and bear one
hundred percent (100%) of the cost of Preliminary Engineering, excluding in-house
preliminary engineering charges incurred by the State.
In addition, the City agrees to assume and bear one hundred percent (100%)
of the cost any construction items requested by the City on the entire improvement,
which are not necessary for the improvement, as determined by the State and
Federal Highway Administration.
2
.
PID No. 11600 - Contract
The Director of Transportation notwithstanding the percentage basis of contribution
may allocate the money contributed in whatever manner he may deem necessary in
financing the cost of construction, rights-of-way, engineering and incidental expenses.
The total share of the cost for the City of Dublin is now estimated in the amount of
Two Million Seven Hundred Twenty One Thousand One Hundred Seventy Six and - -
- - Dollars, ($2,721,176.00), but said estimated amount is to be adjusted in order that the
City's ultimate share of the cost of said improvement shall correspond with said
percentages of actual costs when said actual costs determined; and
WHEREAS, Said legislative authority agrees that upon completion of said
improvement it will, thereafter, keep said highway open to traffic at all times; and
(a) Maintain the improvement in accordance with the provisions of the statutes
relating thereto, and make ample financial and other provisions for such
maintenance; and
(b) Maintain the Right-of-way and keep it free of obstructions in a manner
satisfactory to,the State of Ohio and hold said right-of-way inviolate for public
highway purposes and permit no signs, posters, billboards, roadside stands or
other private installations within the right-of-way limits; and
(c) Will place and maintain all traffic control devices conforming to the Ohio Manual
Uniform Traffic Control Devices on the improvement in compliance with the
provisions of Section 4511.11 and related sections of the Ohio Revised Code;
and
(d) Regulate parking in the following manner:
Prohibit parking in accordance with Section 4511.66 of the Ohio Revised Code,
unless otherwise controlled by local ordinance or resolution.
WHEREAS, Said City further agrees:
(a) That all existing street and public way right-of-way within the City which is
necessary for the aforesaid improvement, shall be made available therefore.
(b) That the City will acquire any additional right-of-way required for the construction
of the aforesaid improvement in accordance with the applicable State and
Federal Regulations and instructions given by the State.
3
.
. ' .
PID No. 11600 - Contract
(c) That arrangements obtained from all public utility companies whose lines or
structures will be affected by the said improvement and said companies have
agreed to make any and all necessary plant removals or rearrangements in such
a manner as to be clear of any construction called for by plans of said
improvement and said companies have signed agreed to make such necessary
rearrangements immediately after notification by the City or the Department of
Transportation Engineer.
(d) That it is hereby agreed that the City shall at, its own expense, make all
rearrangements of water mains, service lines, fire hydrants valve boxes, sanitary
sewers, or other municipally owned utilities and/or any appurtenances thereto,
which do not comply with the Ohio Department of Transportation utilities Manual
and the provisions of 5501.51 of the Ohio Revised Code, whether inside or
outside the corporate limits as may be necessary to conform to the said
improvement and said rearrangements shall be done at such time as requested
by the Department of Transportation Engineer.
(e) That the construction, reconstruction, and/or rearrangements of both publicly
and privately owned utilities, referred to in subsections (c) and (d) above, shall
be done in such a manner as not to interfere unduly with the operation of the
contractor constructing the improvement and all backfilling of trenches made
necessary by such utility rearrangements shall be performed in accordance with
the provisions of the Ohio Department of Transportation Construction and
Material Specifications and shall be subject to approval by the State.
(f) That the installation of all utility facilities on the right-of-way shall conform with
the requirements of Title 23 CFR 645 "Utilities" and the Department of
Transportation rules on Utility Accommodation.
(g) That the City hereby agrees to accept responsibility for any and all damages
or claims for which it is legally liable arising from the negligence of its officers,
employees or agents in the performance of the City's obligations made or
agreed to in Sections (a), (b), (c), and (d), (e) and (f) hereinabove. Likewise, the
State agrees to accept responsibility for any and all damages or claims for which
it is legally liable arising from the negligence of its officers, employees or agents
in the performance of the State's obligations made or agreed to in Sections (a),
(b), (c), (d), (e) and (f) herein above.
(h) Change orders and extra work contracts required to fulfill the construction
contract shall be processed as needed. The Director of Transportation shall not
approve a change order or extra work contract until he first gives notice, in
writing, to this legislative authority. This legislative authority shall contribute its
share of these items in accordance with other sections herein.
4
f ' .
PID No. 11600 - Contract
NOW, THEREFORE, in consideration of the foregoing and the construction of said
improvement desired and determined by the legislative authority of Dublin, Ohio, said
legislative authority hereby contracts and agrees with the State of Ohio that it will pay, as
its agreed proportion of the cost and expense of said improvement, the estimated sum of
Two Million Seven Hundred Twenty One Thousand One Hundred Seventy Six and - -
- - Dollars, ($2,721,176.00), and that the same shall be paid by the proper City Officials
upon the requisition of the Director of Transportation.
For the City of Dublin, Ohio
Attest City Manager
(Contractual Officer(s) Signature(s)
and Title) of Dublin, Ohio.
State of Ohio
Accepted by:
Attest Director of Transportation
State of Ohio )
) Office of the Legislative Authority
Dublin, Ohio )
This is to certify that we have compared the foregoing copy and contract with the
original record thereof, found in the record of the proceedings of the legislative authority
of Dublin, Ohio, and which c ntract was duly signed by the City Manager of Dublin,
Ohio, on the ~ day of ~ , 2000, and that the same is a true
and correct copy of the reco of said contr ct and the action of said legislative authority
thereon.
We further certify that said contract and the actions of said leg)~ative authority
thereon is recorded in the journal o~aid legislative authority in volume ~ () IJ , at page
- , and under date of. ~~h ru 0. Y7 '7 ' 2000.
IN WITNESS WHEREOF, We have hereunto ~nd seal, this HI, day
of ,J-ti.bTlAar7/ ,2000. / /~
>(
Presiding Officer
* SEAL
~~~
Clerk (Secretary Ex-Officio)
Leg islative Authority of the
City of Dublin, Ohio
Note: If the fiscal officer is secretary ex-officio of the Legislative Authority, the fiscal officer's seal should
be affixed. If there is no seal, this fact should be stated by separate letter and attached hereto.
5