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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