HomeMy WebLinkAbout87-00 OrdinanceRECORD OF ORDINANCES
Ordinance No ...........................S.Z-.00....................... Passed .................................................................., .......................
Y R
AN ORDINANCE AUTHORIZING THE CITY MANAGER AND
DIRECTOR OF FINANCE TO SIGN THE FINAL RESOLUTION, CONTRACT
AND ESCROW AGREEMENT, ADOPTING PLANS; PROPOSING TO
COOPERATE; AND REQUESTING THE DIRECTOR TO PROCEED
WITH THE WIDENING OF THE RINGS ROAD BRIDGE OVER I-270
AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin has submitted final construction plans to the Ohio
Department of Transportation; and
WHEREAS, the City of Dublin has fulfilled all Federal and State requirements prior to
start of construction of the Rings Road Bridge over I-270; and
WHEREAS, City Council, on March 20, 2000, passed Ordinance No. 52-00, establishing
a cooperative agreement with the State of Ohio, Department of Transportation for the
Widening of the Rings Road Bridge Over I-270; and
WHEREAS, the Ohio Department of Transportation is the lead agency for the
construction of the Widening of the Rings Road Bridge Over I-270; and
NOW, THEREFORE, BE IT RESOLVED by Council of the City of Dublin, State of
Ohio, ~ of the elected members concurring that:
Section 1. The City Manager and Director of Finance are authorized to execute on
behalf of the City of Dublin the Final Resolution, Contract and Escrow Agreement,
attached hereto, as Exhibit A, Exhibit B and Exhibit C, respectively, all as more fully
described in the said instruments.
Section 2. That this Ordinance be, and the same hereby is, declared to be an
emergency measure for the preservation of the public peace, health or welfare of the
residents of this City, and, therefore, this Ordinance shall take effect and be in force
immediately upon its passage.
Passed this ~ day of , 2000
G~
~~
yor -Presiding Officer
ATTEST:
~ " ~~~
Clerk of Council
1 hereby certify that conies of this OrdinanceiJResoltrtion wren pdsterl in
City of dub(in in accordance with Section 731.25 of the {lt'io Revised Coc
~~ _ _J~.-
. tle f Council, Dublin, Qhio
\\NIMBUS\VOLI\PERUC302\Word\Rings Rd Resolution Requesting ODOT to Proceed with Widening.doc
CITY OF DUBLIN M e m o
..~ 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
6S~`'
Initiated By: Balbir S. Kindra, Acting Director of Development/Director of ~/
Engineering/City Engineer
Re: Ordinance 87-00
Authorizing the City Manager and Finance Director to Sign the Final
Resolution, Contract and Escrow Agreement, Adopting Plans;
Proposing to Cooperate; and Requesting the Director to Proceed With
the Widening of the Rings Road Bridge Over I-270
Date: May 30, 2000
Attached is Ordinance No. 87-00 authorizing the City Manager and Director of Finance
to sign the subject documents for the Ohio Department of Transportation's (ODOT)
improvements to the Rings Road Bridge Over I-270.
This project is expected to go out for bid in August. I have reviewed the attached
Ordinance and exhibits, and recommend your approval.
CITY OF DUBLIN
Division of Engineering
5800 Shier-Rings Road
Dublin, Ohio 43016-1236
Phone: 614-761-6550
Fax: 614-761-6506
To: City Council
Memo
From: Timothy C. Hansley, City Manager
6 ~~~
Initiated By: Balbir S. Kindra, Acting Director of Development/Director of ~/
Engineering/City Engineer
Re: Ordinance 87-00
Authorizing the City Manager and Finance Director to Sign the Final
Resolution, Contract and Escrow Agreement, Adopting Plans;
Proposing to Cooperate; and Requesting the Director to Proceed With
the Widening of the Rings Road Bridge Over I-270
Date: May 30, 2000
Attached is Ordinance No. 87-00 authorizing the City Manager and Director of Finance
to sign the subject documents for the Ohio Department of Transportation's (ODOT)
improvements to the Rings Road Bridge Over I-270.
This project is expected to go out for bid in August. I have reviewed the attached
Ordinance and exhibits, and recommend your approval.
EXHIBIT "c" PID No. 17986
Project No. 2000
ESCROW AGREEMENT FOR HIGHWAY IMPROVEMENT
.~
This agreement made and entered at ~(~, kJ ~' v~ ,Ohio, this ay
of , 2000, by and between the Legislative Authority of
v L~. ~ I !~ h ,Ohio, The Ohio Department of Transportation (ODOT)
and
(address)
( zip code)
WITNESSETH
(FINANCIAL INSTITUTION)
Ohio,
(municipality)
(telephone no.)
That for and in consideration of the covenants and agreements of the parties herein
contained. The ODOT hereby expressly authorizes the City to deposit the pre-bid estimate
(or some larger amount) of said City's participation share of project cost in the amount of
Three Million Five Hundred Twenty Eight Thousand Nine Hundred Thirty Eight and
- - - - 00/100 Dollars, ($3,528,938.00), as required by the ODOT's Invoice No. 8722, dated
the 23rd day of May, 2000, on Project described as: Franklin County -City of Dublin -
Interstate Route 270 (Rings Road) -Section 16.15 -State Project, in an interest bearing
account, repurchase agreement or certificate of deposit with the FINANCIAL
INSTITUTION. The City hereby agrees to deposit into the aforementioned account funds
in the amount of $ on or before The Bank
shall fax confirmation of this act (ex: deposit slip, not escrow agreement) to Julie Brogan,
Administrator, Attn: Lana Houston, Office of Project Coordination, within 24 hours of
deposit. Such funds shall thereupon remain on deposit forthe credit of the ODOT and said
City, until such time as payment of the City's estimated participation share, as determined
after receipt of bids, is ordered to be paid by the Administrator of the Office of Project
Coordination or the Director of ODOT. Upon receipt of such order for payment, IN THE
FORM OF A REVISED INVOICE, the FINANCIAL INSTITUTION hereby agrees to deliver
and pay over to The ODOT, by return mail within twenty-four (24) hours, the funds so
requested (but in no event more than the amount of the pre-bid estimate), and to deliver
and pay over to the City the accrued interest thereon and any balance that may remain.
(The City's ultimate share of the cost shall be determined in accordance with the FINAL
RESOLUTION and the CONTRACT).
It is understood and agreed that funds on deposit pursuant to this agreement may be
invested by the FINANCIAL INSTITUTION as provided herein and in accordance with
applicable law and regulations. It is also expressly understood that the Local Public
Agency shall not withdraw any funds.
PID No. 17986 -Escrow Agreement
IN WITNESS WHEREOF, The parties have hereunto set their hands and Seal on the
date and year first herein written.
SEA
,~
Attest
Attest
Attest
~,
Clerk
City M ager
Presiding Officer of
Legislative Authority
Legislative Authority of Dublin, Ohio
(Financial Institution)
(Address)
(City)
(Zip Code)
by:
(Signed)
(Title)
(Date)
The Ohio Department of Transportation
Director of Transportation
02 ~Q
_ (D te)
(Attest)
(Please print name)
If you have any questions, contact Lana Houston (61466-3165
Office of Project Coordination -Fax No. (614)728-3935
2
EXHIBIT "B"
PID No. 17986
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~day of
2000, by and between the City of Dublin, hereinafter referred to as the le Islative authority
and the State of Ohio, hereinafter referred to as the State, witnesseth:
WHEREAS, On the 20th day of March, 2000, 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:
To replace the existing deck and widening of the structure including
bikeway and sidewalk on a new alignment. Raised bridge to provide
required vertical clearance. Total work length of project being
approximately 0.288; and
WHEREAS, Thereafter, on the 27th day of March, 2000, the Director of
,,~. Transportation accepted the proposal of said legislative authority to cooperate with the
State in said highway improvement; and
rte.
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 23rd day of May, 2000, the Director Transportation
submitted plans and estimates for said highway improvement to the legislative authority
for approval; and
PID No. 17986 -Contract
WHEREAS, Thereafter, on the _Z!~ h day of .2000,
said legislative authority duly adopted a resolution, ~iproving plans, 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 Four Million Seven Hundred
Fifty Thousand and - - - - 00/100 Dollars, ($4,750,000.00), less Ohio Public Work
Commission (CI02) funds applied in the amount of One Million Two Hundred Twenty
One Thousand Sixty Two and - - - - 00/100 Dollars, ($1,221,062.00), leaving a balance
due in the amount of Three Million Five Hundred Twenty Eight Thousand Nine
Hundred Thirty Eight and - - - - 00/100 Dollars, ($3,528,938.00), the share of said
legislative authority in the total estimated cost and expense of said proposed highway
improvement; and
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 Interstate
Route 270 (Rings Road). The City agrees to assume and bear the entire cost and
expense of the improvement, less the amount of State funds ($750,000.00 lump sum)
set aside by the Director of Transportation for the financing of this improvement, as
well as Issue Two funds set aside by Ohio Public Works Commission, and further,
the City agrees to assume and bear one hundred percent (100%) of the cost of
Preliminary Engineering and Right-of-Way, excluding in-house preliminary
engineering charges incurred by the State.
In addition, the City also 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 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.
2
PID No. 17986 -Contract
The total share of the cost for the City of Dublin is now estimated in the amount of
Three Million Five Hundred Twenty Eight Thousand Nine Hundred Thirty Eight and
- - - - 00/100 Dollars, ($3,528,938.00), 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
relating thereto, and make
maintenance; and
accordance with the provisions of the statutes
ample financial and other provisions for such
(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 Citywill acquire any additional right-of--way required forthe construction
of the aforesaid improvement in accordance with. the applicable State and
Federal Regulations and instructions given by the State.
(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.
3
PID No. 17986 -Contract
(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 forwhich
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. 17986 -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
Three Million Five Hundred Twenty Eight Thousand Nine Hundred Thirty Eight and
- - - - 00/100 Dollars, ($3,528,938.00), 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
r~,
Attest
City Manager
(Contractual Officer(s) Signatu (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 Dubli , O io, and whi h contract was duly signed by the City Manager of Dublin, Ohio,
on the ~~~jday of , 2000, and that the same is a true and
correct copy of the re rd of said 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 s 'd legislative uthority in volume ~~ -DD, at page
and under date of , 2000.
I WITNESS WHEREOF, We ave hereunto s ands nd sea this /3t~ day
of , 2000.
siding Officer
SEAL
Clerk (Secretary x-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
(Ordinance No. 52-00)
PID No. 17986
Project No. 2000
_ FINAL RESOLUTION
Adopting plans;
Proposing to co-operate;
Requesting Director to proceed;
(Chapter 5521, Ohio Revised Code)
~,,,, Mr. ~...~.c~.liL/ ,moved the adoption of the following Resolution:
~, WHEREAS, At a meeting of the legislative a~hority of the City of Dublin, Ohio, held
in the office of said legislative authority on this _~ day of , 2000,
a quorum being present, the improvement of Interstate ute 270 (Rings Road),
provisions 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 20th day of March, 2000, being described as follows:
To replace the existing deck and widening of the structure including bikeway
and sidewalk on a new alignment Raised bridge to provide required vertical
clearance. Total work length of project being approximately 0.288 miles; and
WHEREAS, In said legislation proposing cooperation, said legislative authority
proposed to cooperate with the Director of Transportation in the improvement of Interstate
Route 270 (Rings Road). The City agrees to assume and bear the entire cost and
expense of the improvement, less the amount of State funds ($750,000.00 lump sum)
set aside by the Director of Transportation for the financing of this improvement, as
well as Issue Two funds set aside by Ohio Public Works Commission, and further,
the City agrees to assume and bear one hundred percent (100°~) of the cost of
Preliminary Engineering and Right-of--Way, excluding in-house preliminary
engineering charges incurred by the State.
In addition, the City also 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 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.
PID No.17986 -Final Resolution
The total share of the cost for the City of Dublin is now in the estimated amount of
Four Million SeYen Hundred Fifty Thousand and - - - - 00/100 Dollars, ($4,750,000.00),
less Ohio Public Work Commission (C102) funds applied in the amount of One
Million Two Hundred Twenty One Thousand Sixty Two and - - - - 00/100 Dollars,
($1,221,062.00), leaving a balance due of Three Million Five Hundred Twenty Eight
Thousand Nine Hundred Thirty Eight and - - - - 00/100 Dollars, ($3,528,938.00), 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.
11. 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 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 Three Million Five Hundred Twenty Eight Thousand Nine
Hundred Thirty Eight and - - - - 00/100 Dollars, ($3,528,938.00), 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 State Funds.
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.
2
...
PID No. 17986 -Final Resolution
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 Three Million Five Hundred Twenty Eight Thousand Nine Hundred Thirty
Eight and - - - - 00/100 Dollars, ($3,528,938.00), 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. 17986 -Final Resolution
Thereupon, Mr. ~ ~!_ ~~~~~ 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 tie different days:
0
(Require-s~ a yea vote by three-fourths of all elected members)
Yeas _ / Nays d
Vote on emergency clause:
Yeas ~ Nays ~
Passed: , 2000.
Yeas ~ Nays U
As An Emergency Measure.
Passed: , 2000.
Attest ~ ~~
Clerk
Attest
P-residing 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, which Resolution was duly passed by said authority of the City
of Dublin, Ohio, on the ~~'l, day of _, 2000, and that
the same is a true and correct copy of the recor ` f said Resolution and the action of said
legislative authority thereon.
4
PID No. 17986 -Final Resolution
We further certify that said Resolution and the action of said legislative authority
thereon is recorded in the journal of s 'd legislative a thority in volume ~7~a~, at page
and under date of <~ , 2000.
IN W TNESS WHEREOF, We have hereunto set out hands and seal, this ~ day
of , 2000.
Presiding Officer -
SEAL
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.
rn