HomeMy WebLinkAboutResolution 95-14RECORD OF RESOLUTIONS
Dayton Legal Blank. Inc- Form No 300
95 -14
Resolution No. Passed . 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MAINTENANCE AGREEMENT WITH THE OHIO
DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE DUBLIN
ROAD /SR745 AND GLICK ROAD INTERSECTION (ET1003)
WHEREAS, the City of Dublin has identified the need to construct improvements at the
intersection of Dublin Road /SR 745 and Glick Road in partnership with the Ohio
Department of Transportation (ODOT), Delaware County Engineer's Office and the Village
of Shawnee Hills; and
WHEREAS, the Dublin Road /SR 745 and Glick Road intersection improvements includes
the addition of left -turn lanes, a new the traffic signal, and pedestrian facilities; and
WHEREAS, the City of Dublin's adopted 2014 -2018 Capital Improvements Program
includes this project and it is identified as Project #ET1003; and
WHEREAS, the City of Dublin has worked closely with the ODOT to develop improvement
plans for the intersection; and
WHEREAS, the City of Dublin will operate and provide routine maintenance of the traffic
signal; and
WHEREAS, the City of Dublin and ODOT will share major maintenance of the traffic
signal; and
WHEREAS, the City of Dublin will maintain the stormwater quality units and pedestrian
facilities on the west side of Dublin Road /SR 745; and
WHEREAS, ODOT will maintain the roadway pavement, striping and curb and gutter
along Dublin Road /SR 745.
NOW ,�EFORE, 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 Maintenance Agreement
with ODOT for the Dublin Road /SR 745 and Glick Road intersection, 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
Maintenance 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.
Passed this day of b
4 5yorresiding Officer
Attest:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: December 4, 2014
Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Jean -Ellen M. Willis, PE, Engineering Manager - Transportation
Memo
Re: Resolution 95 -14 - Authorizing the City Manager to enter into a Maintenance
Agreement with the Ohio Department of Transportation (ODOT) for the
Dublin Road /SR 745 and Glick Road intersection
Summary
The adopted Dublin 2014 — 2018 Capital Improvements Program includes the Dublin Road and
Glick Road intersection improvement project (Project #ET1003), which includes the addition of
left -turn lanes, a new traffic signal and pedestrian facilities. The improvements are now
substantially complete, due to the coordinated efforts with the Ohio Department of Transportation
(ODOT), Delaware County Engineer's Office, and Shawnee Hills. Final completion of the project is
scheduled for the spring of 2015.
Prior to the intersection improvements, the traffic signal was operated by ODOT, which is the
typical arrangement for a traffic signal on a state route within an unincorporated area or village.
By entering into the Maintenance Agreement, Dublin will operate and provide routine maintenance
of the traffic signal.
SHAWNEE HILLS
745
DUBLIN
SHAWNEE HILLS
Figure 1: Jurisdictional Boundaries
Memo re. Res. 95 -14 - Maintenance Agreement for Dublin Road /Glick Road
December 4, 2014
Page 2of2
Major maintenance of the traffic signal, however, will be shared between Dublin and ODOT. Major
maintenance is defined as items such as:
1. Pedestrian system upgrade or replacement;
2. Signal cabinet upgrade or replacement;
3. Signal pole or mast arm replacement;
4. Detection system replacement for the entire intersection;
5. Signal head replacements for the entire intersection.
ODOT will continue to maintain the roadway pavement, striping and curb and gutter along Dublin
Road /SR 745.
Dublin will be responsible for the storm water quality units and the sidewalk and paths on the west
side of Dublin Road. This ensures consistent maintenance of this part of the larger path and
drainage systems, adjacent to Dublin residents in Muirfield Village and the Morgan House.
Recommendation
Staff recommends approval of Resolution 95 -14, authorizing the City Manager to enter into a
Maintenance Agreement with the Ohio Department of Transportation for the Dublin Road /SR 745
and Glick Road intersection.
RECORD OF RESOLUTIONS
UONW kapal frank, I a F N o. = 4 5
95 -14
Resolution No. _
Passed
20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MAINTENANCE AGREEMENT WITH THE OHIO
DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE DUBLIN
ROAD /SR745 AND GLICK ROAD INTERSECTION (ET1003)
WHEREAS, the City of Dublin has identified the need to construct improvements at the
intersection of Dublin Road /SR 745 and Glick Road in partnership with the Ohio
Department of Transportation (ODOT), Delaware County Engineer's Office and the Village
of Shawnee Hills; and
WHEREAS, the Dublin Road /SR 745 and Glick Road intersection improvements includes
the addition of left -turn lanes, a new the traffic signal, and pedestrian facilities; and
WHEREAS, the City of Dublin's adopted 2014 -2018 Capital Improvements Program
includes this project and it is identified as Project #Ef 1003; and
WHEREAS, the City of Dublin has worked closely with the ODOT to develop improvement
plans for the intersection; and
WHEREAS, the City of Dublin will operate and provide routine maintenance of the traffic
signal; and
WHEREAS, the City of Dublin and ODOT will share major maintenance of the traffic
signal; and
WHEREAS, the City of Dublin will maintain the stormwater quality units and pedestrian
facilities on the west side of Dublin Road /SR 745; and
WHEREAS, ODOT will maintain the roadway pavement, striping and curb and gutter
along Dublin Road /SR 745.
NOW, 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 Maintenance Agreement
with ODOT for the Dublin Road /SR 745 and Glick Road intersection, 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
Maintenance 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.
Passed this day of 2014.
Mayor - Presiding Officer
Attest:
Clerk of Council
ODOT AGREEMENT NO.
MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
DEL- SR745/Dublin Road and Glick Road Intersection
This Maintenance Agreement (hereinafter the "Agreement ") is made by and between the State of
Ohio, acting by and through the Director of Transportation, hereafter referred to as "ODOT ",
1980 West Broad Street, Columbus, Ohio 43223, and the City of Dublin, an Ohio municipal
corporation, hereinafter referred to as "THE CITY ", 5200 Emerald Parkway, Dublin, Ohio
43017 (collectively "the Parties ").
WHEREAS, Section 5501.03(A)(3) of the Ohio Revised Code, provides that the
Director may coordinate the activities of the Department of Transportation with other
appropriate public authorities and enter into contracts with such authorities as
necessary to carry out its duties, powers and functions; and
WHEREAS, in accordance with Section 5515.01 of the Revised Code, the
Director may grant a permit to any individual to use or occupy such portion of the
highway system that will not inconvenience the traveling public; and
WHEREAS, the Dublin Community Plan promotes working cooperatively with
surrounding jurisdictions to promote regional transportation planning and
programming; and
WHEREAS, ODOT and THE CITY have agreed that the intersection of SR
745/Dublin Road and Glick Road will be improved; and
WHEREAS, this project, DEL- SR745/Dublin Road and Glick Road Intersection
is hereinafter referred to as "THE PROJECT" and is described as follows:
The Project includes construction of left turn lanes on each approach and will improve
the sight distance on the north leg of the intersection by lowering the hill near address
9130 Dublin Road, adding pedestrian facilities along the north side of Glick Road,
west of Dublin Road, and upgrading the traffic signal to include such items as new
mast arms, pedestrian push buttons in all four quadrants; LED signal heads are all
included in the Project. All relevant regulatory road signage, pavement markings,
storm drainage, utility location and any necessary relocation, all in compliance with
the ADA criteria, are part of the Project as well.
NOW THEREFORE, the Parties covenant, agree and obligate themselves as
follows:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions Unless otherwise defined herein, words and terms used in this
Agreement with initial capital letters shall have the meanings set forth in this Section 1.1.
"Agreement" means this Maintenance Agreement by and between Dublin and ODOT, as
duly amended or supplemented from time to time in accordance with its terms.
"Agreement Term" means the period commencing with the execution and delivery of this
Agreement and ending on the Termination Date.
"Authorized Dublin Representative" means initially the Director of Engineering/City
Engineer of Dublin. Dublin may from time to time provide a written certificate to ODOT signed
on behalf of Dublin by the City Manager designating an alternative or alternates who shall have
the same authority, duties and powers as the initial Authorized Dublin Representative.
"Notice Address" means:
(a) As to Dublin:
City of Dublin, Ohio
5200 Emerald Parkway
Dublin, Ohio 43017
Attention: City Manager
(b) As to ODOT:
The Ohio Department of Transportation, District 6
400 East William Street
Delaware, Ohio 43015
Attention: District 6 Deputy Director
"Person" shall mean an individual, a corporation, a partnership, an association, a limited
liability company, a joint stock company, a joint venture, a trust, an unincorporated organization,
or a government or any agency or political subdivision thereof.
"State" means the State of Ohio, one of the United States of America.
Section 1.2 Certain Words Used Herein: References Any reference herein to Dublin
or ODOT, any members or officers thereof, or other public boards, commissions, departments,
institutions, agencies, bodies or other entities, or members or officers thereof, includes without
limitation, entities or officials succeeding to their respective fmctions, duties or responsibilities
pursuant to or by operation of law or performing their functions lawfully.
Any reference to sections or provisions of the Constitution of the State, the Act, a section,
provision or chapter of the Ohio Revised Code, federal or State laws includes without limitation,
that section, provision or chapter, or those laws or regulations, as amended, modified, revised,
supplemented or superseded from time to time.
Words of any gender include the correlative words of any other gender. Unless the
context indicates otherwise, words importing the singular number import the plural number, and
vice versa. The terms "hereof', "herein ", "hereby ", "hereto ", and "hereunder ", and similar
terms, refer to this Agreement; and the term "hereafter" means after, and the term "heretofore"
means before the date of delivery of this Agreement.
ARTICLE II
MAINTENANCE AGREEMENT
Section 2. OBLIGATIONS OF THE CITY
2.1. Upon completion of THE PROJECT, THE CITY shall provide the routine
maintenance of THE PROJECT area that is within ODOT owned right -of -way as
defined below:
a. All sidewalk and shared -use path (excluding snow removal);
b. THE PROJECT storm water quality units;
c. All items associated with the mast arm and pedestal pole painting and the
lighting on the combination poles;
d. All aspects of the operation and routine maintenance of THE PROJECT
traffic signal;
2.2. THE CITY agrees to maintain traffic on the lanes and shoulders on SR
745/Dublin Road while performing maintenance activities in accordance with the
applicable ODOT standards. Any activities requiring lane, shoulder or ramp
closures will require prior written approval from ODOT.
2.3. THE CITY agrees that if workers or vehicles are on the pavement or shoulders,
they shall comply with all requirements of the Ohio Manual of Uniform Traffic
Control Devices.
2.4. Highway appurtenances disturbed by THE CITY or its agents shall be restored
using materials, design, and workmanship in conformance with ODOT's Location
and Design Manual, Construction and Material Specifications, and ODOT
Standards.
Section 3. OBLIGATIONS OF THE STATE
3.1. Upon completion of THE PROJECT, ODOT agrees to provide the major
maintenance as described in Section 5501.49 of the Ohio revised Code.
Additional work to be performed by ODOT shall consist of:
a. The routine maintenance of THE PROJECT within ODOT owned right -of-
way as defined in but not limited to, mowing, reseeding and fertilizing of the
lawns, maintaining shrubs and other plants by pruning, cultivating, and
weeding as required for healthy growth. Also, spraying as required to keep
trees and shrubs free of insects and disease is to be included;
b. The maintenance of the curb and gutter, pavement, and pavement markings
within the ODOT owned right -of -way along SR 745;
3.2. Subject to the restrictions of state and federal law, including but not limited to the
Highway Beautification Act, ODOT shall not unreasonably deny THE CITY and
any future developer permits that meet the development and aesthetic needs of
THE CITY and ODOT.
3.3. ODOT shall replace, or temporarily relocate and reinstall any landscaping and
design elements affected by ODOT sponsored project(s).
Section 4. MAJOR MAINTENANCE OBLIGATIONS OF THE CITY AND ODOT
4.1. Upon completion of THE PROJECT, THE CITY and ODOT agree to the
following:
a. If THE PROJECT traffic signal needs major maintenance and/or to be
replaced, ODOT and THE CITY will share this responsibility in the future.
THE CITY and ODOT will jointly determine and agree to the magnitude of
repairs and/or signal replacement in writing prior to any changes being
installed. Major maintenance includes but is not limited to items such as:
1. Pedestrian system upgrade or replacement,
2. Signal cabinet upgrade or replacement,
3. Signal pole or mast arm replacement,
4. Detection system replacement for the entire intersection,
5. Signal head replacements for the entire intersection;
b. ODOT agrees to notify THE CITY if signal requires major maintenance
and/or replacement;
c. THE CITY agrees to remit payment for major maintenance /signal repair as
agreed within 30 days of receipt of invoice from ODOT.
Payment(s) shall be made out to TREASURER OF STATE; and be delivered
to:
Jeffrey M. Hisem, Administrator
The Ohio Department of Transportation
Office of Estimating, 4160
1980 West Broad Street, First Floor
Columbus, Ohio 43223
Attn: Kathy Barthen
d. ODOT agrees to notify THE CITY in writing if actual costs are in excess of
agreed sum and to seek agreement on any cost increase;
e. ODOT agrees to refund any excess funds to THE CITY after major
maintenance and/or replacement is complete.
Section 5. EXPIRATION; TERMINATION
5.1. The term of this agreement shall commence upon the date of execution of both
parties and shall not expire subject to requirements of section 5.11 below and RC
126.07
Section 6. GENERAL PROVISIONS
6.1. The signing of the Agreement does not in any way abridge the right of the
Director of Transportation in her or his jurisdiction over the state highway system.
If at any time it becomes necessary, in the opinion of the Director of
Transportation to order the removal, reconstruction, relocation, or repair of the
improvements in THE PROJECT above for the safety of the traveling public, said
removal work shall be completed wholly at the expense of THE CITY, and be
made as directed by the Director of Transportation.
6.2. This Agreement constitutes the entire Agreement between the parties. All prior
discussion and understandings between the parties regarding maintenance are
superseded by this Agreement.
6.3. Any modifications to this Agreement shall be agreed to by both parties in writing.
6.4. Neither this Agreement nor any rights, duties, or obligations described herein
shall be assigned to any party hereto without the express written consent of the
other parties.
6.5. This Agreement shall be construed and interpreted and the rights of the parties
determined in accordance with the laws of the State of Ohio.
6.6. The District Deputy Director of District 6 shall have authority to ensure the
compliance of the provisions of this Agreement.
6.7. The signing of the Agreement or the doing of any work thereunder shall constitute
an agreement by THE CITY to comply with all of the terms, conditions and
restrictions written herein.
6.8. THE CITY shall be responsible for all loss, liability, damages or claims for injury
or death, or whatever nature to any person, property, or business caused by or
resulting from activities of THE CITY, its employees, agents, or contractors
including any costs incurred by ODOT for defending same.
6.9. THE CITY shall comply with Air pollution requirements of Rule 3745 -17 -08 of
the Ohio Administrative Code promulgated and enforced by the Ohio
Environmental Protection Agency.
6.10. It is expressly understood by the parties that all financial obligations of the State
of Ohio are subject to the provisions of Section 126.07 of the Ohio Revised
Code. The financial obligations of the State of Ohio shall not be valid and
enforceable unless funds are appropriated by the Ohio General Assembly and
encumbered by ODOT. If the Ohio general Assembly fails at any time to
continue funding for maintenance and inspection projects hereunder, this
Agreement is hereby terminated as of the date that the funding expires without
further obligation of ODOT.
6.11. Any person executing this Agreement in a representative capacity hereby
warrants that he /she has been duly authorized by his/her principal to execute on
such principal's behalf.
STATE OF OHIO CITY OF DUBLIN
Department of Transportation
Jerry Wray, Director
L
Marsha I. Grigsby, City Manager
Date Date