17-07 ResolutionRECORD OF RESOLUTIONS
Form No. 30045
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17-07
Resolution No.
Passed
20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE OHIO
DEPARTMENT OF TRANSPORTATION (ODOT) FOR THE
S.R. 745 RESURFACING PROJECT WITHIN THE
CORPORATION LIMITS OF THE CITY OF DUBLIN, OHIO.
WHEREAS, the City of Dublin has enacted legislation, Resolution 73-06,
proposing cooperation with the Ohio Department of Transportation (ODOT) for
the S.R. 745 improvement project, which is described as follows: the
resurfacing of 9.46 miles of State Route 745 from just north of the intersection
of State Route 161 and State Route 745, proceeding to the north on State
Route 745 to the intersection of State Route 745 and Chaddington Drive, from
the intersection of Limerick Lane and State Route 745 to 0.08 miles south of
River Forest Road to the Delaware County line, and from the Delaware County
line to the intersection of U.S. Route 42 and State Route 745 in Delaware
County, lying within the City of Dublin; 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 the legislative authority;
and
WHEREAS, it has been determined that the share of the City is now estimated
in the amount of Eighty-Five Thousand Seventy Nine and 00/100 Dollars
($85,079.00), said estimated amount to be adjusted in order that the City's
ultimate share of said improvement shall correspond with said percentages of
actual costs when the actual costs are determined; and
WHEREAS, the City desires the Director of Transportation to proceed with the
aforesaid highway improvement.
NOW, THEREFOR , 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 contract
with the State, and to execute said contract, providing for the payment by the
City the sum of money set forth herein for improving the described project.
Section 2. The estimated sum of Eighty Five Thousand Seventy Nine and
00/100 Dollars ($85,079.00) is hereby appropriated for the improvement
described above and the Fiscal Officer is hereby authorized and directed to
issue an order on the Treasurer for said sum upon the requisition of the
Director of Transportation to pay the cost and expense of said improvement.
Section 3. The City agrees to assume in the first instance, the share of the
cost and expense over and above the amount to be paid from Federal funds,
as follows:
(a) The City agrees to assume and bear one hundred percent (100%) of
the entire cost of the improvement, 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.
RECORD OF RESOLUTIONS
Form Na. 30045
~~
17-07
Resolution No.
Passed
Page 2
20
(b) The City agrees to assume and bear the entire cost and expense of the
installation and/or repair of curb ramps which are necessary to ensure
compliance with the American with Disabilities Act.
(c) 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 and Federal Highway Administration.
Section 4. The City shall transmit to the Director of Transportation a fully
executed copy of this Resolution.
Section 5. The City hereby requests the Director of Transportation to
proceed with the aforesaid highway improvement.
Section 6. This Resolution shall be in full force and effect on the earliest date
permitted by law.
Passed this ~~ ~ day of ~~~'~ , 2007
~i
1
Mayor -Presiding Officer
ATTEST:
Clerk of Council
CITY OF DUBLIN
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager~~~ s• b o
Initiated by: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Kenneth B. Richardson, P.E., Engineering Manager -Design
Date: March 14, 2007
Memo
Re: Resolution 17-07 - ODOT Final Legislation for Resurfacing S.R. 745
Summary
The Ohio Department of Transportation will be resurfacing a portion of S.R.745 within the
corporate limits of the City of Dublin as part of its District Six Urban Pavement Program. The
scope of the work for the project includes milling and placing 1.5 inches of asphalt; performing
partial depth pavement repairs; and installation of pavement markings, raised pavement markers
and loop detectors.
Project limits extend on S.R. 745 (North High Street/Dublin Road) from 0.04 miles north of U.S.
33/S.R. 161 to Chaddington Drive; resuming on S.R. 745 from Limerick Lane to River Forest
Road; resuming on S.R. 745 from 0.08 miles north of River Forest Road and extending through
the corporate limits of the City of Dublin, ending at the junction of U.S. 42/S.R. 257.
The District Six policy for Urban Paving Projects requires that the local municipality contribute 20
percent of the total cost of the surface treatment for the portion of the roadway project within its
corporate limits. Additionally, the municipality is required to contribute 100 percent of the cost of
non-surface related items such as curbs, gutters, utility relocation expenses, and partial and full-
depth pavement repairs. Full-depth pavement repair on Dublin Road will be extensive.
Estimated costs to perform these pavement repairs are $580,000.00. Full-depth pavement
repair costs on Dublin Road will be funded through the 2007 Street Maintenance Program.
Consent legislation from ODOT (Resolution 73-06) was approved by City Council at the October
2, 2006 Council meeting. At that time, the estimated amount of the City's contribution was
$100,000.00. The City's share is now estimated in the amount of $85,079.00. The revised
estimated amount may be adjusted to correspond with percentages of actual costs when the
actual costs are determined.
No work shall begin on this project until after the Memorial Tournament. Existing rumble strips
at the north end of the Historic District will be removed with this work and not replaced.
The Ohio Department of Transportation (ODOT) requests that final legislation be submitted for
approval by the City of Dublin prior to the commencement of this work. Resolution No. 17-07 is
attached for Council's approval. Bid letting is scheduled for May 2, 2007. The work would
begin within 30 days of award of this contract. No work will be performed during the week of the
Memorial Tournament.
Recommendation
Staff recommends approval of Resolution 17-07.
PID No. 75218
Project No. (2007)
CONTRACT
(Chapter 5521, Ohio Revised Code)
This contract is made by and between the State of Ohio, Department of Transportation,
acting through its director (hereinafter referred to as the "STATE"), 1980 West Broad
Street, Columbus, Ohio 43223, and the City of Dublin, (hereinafter referred to as the
legislative authority/Local Public Agency or "LPA").
WITNESSTH:
WHEREAS, Chapter 5521 of the Ohio Revised Code provides that the legislative
authority may cooperate with the STATE in a highway project made by and under the
supervision of the Director of Transportation; and
WHEREAS, through the enactment of preliminary legislation, the LPA and the STATE
have agreed to cooperate in the highway project described below; and
WHEREAS, through the enactment of final legislation, the LPA has committed to pay
an estimated amount of money as its share of the total estimated cost and expense of the
highway project described below; and
WHEREAS, the fiscal officer of the LPA has filed with the LPA a certificate stating that
sufficient moneys are available, as required by Chapter 5521 and Section 5705.41 of the
Ohio Revised Code. A duplicate certificate is attached hereto; and
WHEREAS, in accordance with the final legislation, the LPA hereby enters into this
contract with the STATE to provide for payment of the agreed portion of the cost of the
highway project and any additional obligations for the highway project described below.
NOW, THEREFORE, in consideration of the premises and the performances of mutual
covenants hereinafter set forth, it is agreed by parties hereto as follows:
SECTION I: RECITALS
The foregoing recitals are hereby incorporated as a material part of this contract.
SECTION II: PURPOSE
The purpose of this contract is to set forth requirements associated with the highway
project described below (hereinafter referred to as the "PROJECT") and to establish the
responsibilities for the administration of the PROJECT by the LPA and the STATE.
PID No. 75218 -Contract
SECTION III: LEGAL REFERENCES
This contract is established pursuant to Chapter 5521 of the Ohio Revised Code.
SECTION IV: SCOPE OF WORK
The work to be performed under this contract shall consist of the following:
This project consists of the resurfacing of 9.46 miles of State Route 745 from
just north of the intersection of State Route 161 and State Route 745 and
proceeding to the north on State Route 745 to the intersection of State Route
745 and Chaddington Drive and from the intersection of Limerick Lane and
State Route 745 to 0.08 miles south of River Forest Road to the Delaware
County line and from the Delaware County line to the intersection of U.S.
Route 42 and State Route 745 in Delaware County, lying within the City of
Dublin.
SECTION V: FINANCIAL PARTICIPATION
The STATE agrees to provide the necessary funds as enumerated in this section
and allowed by law for the financing of this project.
2. The STATE may allocate the money contributed by the LPA in whatever manner it
deems necessary in financing the cost of construction, right-of--way, engineering,
and incidental expenses, notwithstanding the percentage basis of contribution by
the LPA.
3. The total cost and expenses for the project are only an estimate and the total cost
and expenses may be adjusted by the STATE. If any adjustments are required,
payment of additional funds shall correspond with the percentages of actual costs
when said actual costs are determined, and as requested, by the Director of
Transportation.
4. The LPA agrees to pay to the STATE its share of the total estimated cost expense
for the above highway project in the amount of Eighty Five Thousand Seventy
Nine and - - - - 00/100 Dollars, ($85,079.00)
5. The City agrees to assume and bear one hundred percent (100%) of the entire
cost of the improvement, 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 HighwayAdministration, U.S. Department
of Transportation.
Also, the City agrees to assume and bear the entire cost and expense of the
installation and/or repair of curb ramps which are necessary to ensure
compliance with the American with Disabilities Act.
2
PID No. 75218 -Contract
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 and Federal Highway Administration.
6. The LPA agrees that change orders and extra work contracts required to fulfill the
construction contracts shall be processed as needed. The STATE shall not
approve a change order or extra work contract until it first gives notice, in writing, to
the LPA. The LPA shall contribute its share of the cost of these items in
accordance with other sections herein.
SECTION VI: RIGHT-OF-WAY AND UTILITIES
The LPA agrees that all right-of--way required for the described project wil! be
acquired and/or made available in accordance with current State and Federal
regulations. The LPA also understands that right-of--way costs include eligible utility
costs.
2. The LPA agrees that all utility accommodation, relocation, and reimbursement will
comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual,
including that:
A. Arrangements have been or will be made with all utilities where facilities are
affected by the described PROJECT, that the utilities have agreed to make
all necessary removals and/or relocations to clear any construction called for
by the plans of this PROJECT, and that the utilities have agreed to make the
necessary removals and/or relocations after notification by the LPA or
STATE.
B. The LPA shall, at its own expense, make all removals and/or relocations of
publicly-owned utilities which do not comply with the reimbursement
provisions of the ODOT Utilities Manual. Publicly-owned facilities which do
comply with the reimbursement provisions of the ODOT Utilities Manual will
be removed and/or relocated at project expense, exclusive of betterments.
C. The removals and/or relocation of all utilities shall be done in such a manner
as not to interfere with the operation of the contractor constructing the
PROJECT and that the utility removals and/or relocations shalt be approved
by the STATE and performed in accordance with the provisions of the ODOT
Construction and Materials Specifications.
SECTION Vll: ADDITIONAL PROJECT OBLIGATIONS
1. The STATE shall initiate the competitive bid letting process and award the
PROJECT in accordance with ODOT's policies and procedures.
PID No. 75218 -Contract
2. The LPA agrees:
A. To keep said highway open to traffic at all times;
6. To provide adequate maintenance for the PROJECT in accordance with all
applicable state and federal law, including, but not limited to, Title 23, U.S.C.,
Section 116;
C. To make ample financial and other provisions for such maintenance of the
PROJECT after its completion;
D. To maintain the right-of--way and keep it free of obstructions in a manner
satisfactory to the STATE and hold said right-of--way inviolate for public
highway purposes;
E. To place and maintain all traffic control devices conforming to the Ohio
Manual on Uniform Traffic Control Devices on the project in compliance with
the provisions of Section 4511.11 of the Ohio Revised Code;
F. To regulate parking in accordance with Section 4511.66 of the Ohio Revised
Code, unless otherwise controlled by local ordinance or resolution.
SECTION VI11: DISPUTES
In the event that any disputes arise between the STATE and LPA concerning interruption
of or performance pursuant to this contract, such disputes shall be resolved solely and
finally by the Director of Transportation.
SECTION IX: NOTICE
Notice under this contract shall be directed as follows
City of Dublin Ohio Department of Transportation
5200 Emerald Parkway Office of Estimating
Dublin, Ohio 1980 West Broad Street, 1st Floor
43017-1006 Columbus, Ohio 43223
SECTION X: GENERAL PROVISIONS
1. This contract constitutes the entire contract between the parties. All prior
discussions and understandings between the parties are superseded by this
contract.
2. Neither this contract nor any rights, duties or obligations described herein shall be
assigned by either party hereto without the prior express written consent of the other
party.
3. Any change to the provisions of this contract must be made in a written amendment
executed by both parties.
4
PID No. 75218 -Contract
4. This contract and any claims arising out of this contract shall be governed by the
laws of the State of Ohio. Any provision of this contract prohibited by the law of
Ohio shall be deemed void and of no effect. Any litigation arising out of or relating
in any way to this contract or the performance thereunder shall be brought only in
the courts of Ohio, and the LPA hereby irrevocably consents to such jurisdiction.
To the extent that the STATE is a party to any litigation arising out of or relating in
any way to this contract or the performance thereunder, such an action shall be
brought only in a court of competent jurisdiction in Franklin County, Ohio.
5. All financial obligations of the State of Ohio, as provided in this contract, 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 the STATE.
Additionally, it is understood that this financial obligation of the LPA shall not be
valid and enforceable unless funds are appropriated by the LPA's legislative body.
6. This contract shal{ be deemed to have been substantially performed only when fully
performed according to its terms and conditions and any modification thereof.
SECTION XI: SIGNATURES
Any person executing this contract in a representative capacity hereby warrants that he/she
has been duly authorized by his/her principal to execute this contract on such principal
behalf.
IN WITNESS THEREOF, the parties hereto have caused this contract to be duly executed
in duplicate.
SEAL
(If Applicable}
OHIO DEPARTMENT OF
TRANSPORTATION
LOCAL PUBLIC AGENCY
City of Dublin
Director of Transportation
Date
City Manager
Date
PID No. 75218
Project No. (2007)
FISCAL OFFICER'S CERTIFICATE
(Chapter 5521 and Section 5705.41, Ohio Revised Code)
I hereby certify to that the money, to wit: $85,079.00 required for the payment of the
cost other than that thereof assumed by the Federal Government, for the improvement of
that portion of State Route 745, lying within the corporate limits of the City of Dublin,
more particularly described as follows:
This project consists of the resurtacing of 9.46 miles of State Route 745 from
just north of the intersection of State Route 161 and State Route 745 and
proceeding to the north on State Route 745 to the intersection of State Route
745 and Chaddington Drive and from the intersection of Limerick Lane and
State Route 745 to 0.08 miles south of River Forest Road to the Delaware
County line and from the Delaware County line to the intersection of U.S.
Route 42 and State Route 745 in Delaware County, lying within the City of
Dublin; and
has been lawfully appropriated for such purpose and is in the treasury to the credit of, or
has been levied placed on the duplicate and in process of collection for the appropriate
fund, and not appropriated for any other purpose; or is being obtained by sale of bonds
issued on account of said improvement, which bonds are sold and in process of delivery.
I further certify that this certificate was made, sealed and filed with the legislative
authority of the City of Dublin, Ohio, after said legislative authority passed the final
resolution in connection with the within described project; and that this certificate was
forthwith recorded in the record of the proceedings of said legislative authority, namely:
Legislative Authority's Journal, Volume
at Page
IN WITNESS WHEREOF, I have hereunto set my hand and official seal as said fiscal
officer, this
(Fiscal Officer's Seal)
(If Applicable)
2007.
day of
Fiscal Officer of the City of
Dublin, Ohio
PID No. 75218
Project No. (2007)
ESCROW AGREEMENT FOR HIGHWAY IMPROVEMENT
This agreement made and entered at ,Ohio, this day
of , 2007, by and between the Legislative Authority of
Ohio, The Ohio Department of Transportation (ODOT)
and
(FINANCIAL INSTITUTION)
Ohio,
(address) (city)
( zip code) (telephone no.)
WITNESSETH
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
Eighty Five Thousand Seventy Nine and - - - - 00/100 Dollars, ($85,079.00),as required
by the ODOT's Invoice No. 9408, dated the February 21, 2007, on project described as:
Franklin County -City of Dublin -State Route 745 -Section 0.11 -Federal Project No.
E050(349), 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 $ The Financial
Institution shall fax confirmation of this act (ex: depositslip -not escrow agreement)
to Jeffrey M. Hisem, Administrator, Attn: Sue Thomas, Office of Estimating, within
24 hours of deposit. Such funds shall thereupon remain on deposit for the 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 Estimating 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. 75218 -Escrow Agreement
Legislative Authority of the City of
Dublin, Ohio
Attest
Attest
Attest
(Financial Institution)
(Address)
(City)
(Zip Code)
by:
(Signed by officer of Financial Institution)
(Title)
(Date)
Clerk of City Council
City Manager
Presiding Officer of
Legislative Authority
The Ohio Department of Transportation
Director of Transportat'
Z- z/- D ~
,Date)
(Attest)
(Please print bank officer's name)
If you have any questions, contact Sue Thomas (614)752-2971
Office of Estimating -Fax No. (614}728-8769
2
OHIO DEPARTMENT OF TRANSPORTATION
ACCOUNT RECEIVABLE
Make check payable to: Treasurer of State
Mail to: Jeffrey M. Hisem, Administrator
Attn: Sue Thomas
Ohio Department of Transportation
Office of Estimating
1980 West Broad Street. 1st Floor
Columbus. Ohio 43223
To: Marsha Grigsby
Finance Director
5200 Emerald Parkway
Dublin, Ohio
43017-1006
Division: Contract Administration
PID No. 75218
Project No. (2007)
Invoice No. 9408
February 21, 2007
Federal Project No. E050(349)
Franklin County
City of Dublin
State Route 745
Section 0.11
PLEASE ENCLOSE ONE COPY OF THIS INVOICE TO IDENTIFY YOUR REMITTANCE
Proposal of Participation Type of Agreement
Amount
$85,079.00
Contract amount ............... $77,359.73
Engineering amount ............. $ 7,719.27
For the improvement of that portion of State Route 745, more particularly described as follows:
This project consists of the resurfacing of 9.46 miles of State Route 745 from just
north of the intersection of State Route 161 and State Route 745 and proceeding to
the north on State Route 745 to the intersection of State Route 745 and Chaddington
Drive and from the intersection of Limerick Lane and State Route 745 to 0.08 miles
south of River Forest Road to the Delaware County line and from the Delaware
County line to the intersection of U.S. Route 42 and State Route 745 in Delaware
County, lying within the City of Dublin.
c: Original & 2cc City of Dublin
District (6) Engineer
Accounts Receivable
Invoice File
Total Amount Due
Approved For Payment
Signature
Title
Date
$85,079.00
Ohio Department of Transportation
ey:
ff M. Hisem, Administrator
O e of Estimating