26-07 ResolutionRECORD OF RESOLUTIONS
1
U
Resolution No.
26-07
20
Passed
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH
THE OHIO DEPARTMENT OF TRANSPORTATION
(ODOT) FOR MAINTENANCE OF IMPROVEMENTS
TO THE US 33/SR 161/POST ROAD INTERCHANGE
AND TO SR 161 (ODOT PID NUMBER 80748)
WHEREAS, the City of Dublin wishes to improve traffic safety, operations and
efficiencies of the roadway system including and around the US 33/SR 161/Post Road
interchange; and
WHEREAS, the Dublin Community Plan advocates working cooperatively with
surrounding jurisdictions to promote regional transportation planning and
programming; and
WHEREAS, the City of Dublin has agreed to maintain certain portions of the
improvements including street lighting and landscaping for the Ohio Department of
Transportation (Exhibit A and Exhibit B).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring:
Section 1. The City Manager is hereby authorized to enter into an Agreement with
ODOT for the purpose of maintaining certain improvements to the US 33/SR 161/Post
Road interchange.
Section 2. This Resolution shall be effective upon passage in accordance with
Section 4.04(a) of the Revised Charter.
Passed this 3 r~day of , 2007.
.. /
Mayor -Presiding Officer ~/
Attest:
Clerk of Council
1
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1006
CITY OF DUBLIN_ Phone: 614-410-4400 • Fax: 614-410-4490
TO: Members of City Council
FROM: Jane S. Brautigam, City Manager
DATE: April 18, 2007
INITIATED BY: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Barbara A. Cox, PE, Engineering Manager -Development
Memo
RE: Resolution 26-07 -Authorizing the City Manager to Enter into Agreements with
Ohio Department of Transportation (ODOT) for Maintenance of Improvements to
the US 33/SR 161/Post Road Interchange and SR 161 (ODOT PID Number 80748)
Summary
In March of 2006, staff presented the agreements needed to solidify the City's partnership with the Ohio
Department of Transportation (ODOT) for the construction of the improvements to the US 33/SR 161/Post
Road interchange. Council approved Resolution 17-06 on March 6, 2006.
Resolution 26-07 authorizes the City Manager to enter into agreements with ODOT for the maintenance of
street lighting and landscaping at the US 33/SR 161/Post Road interchange and along SR 161. Staff has
worked with ODOT's legal counsel and project expeditor to draft these agreements. Copies of the
agreements are attached for your review.
Update
The construction drawings for the improvements at the US 33/SR 161/Post Road interchange have been
submitted to ODOT for a Stage 2 (80% complete) review. Staff is awaiting comments from the ODOT plan
reviewers and will be working with our consultants to address the comments as quickly as possible. }2ight-
of-way acquisition remains on-going. ODOT is authorizing individual parcels to proceed with appraisals and
staff anticipates the majority of this work to be accomplished this summer. Staff is continuing to coordinate
utility relocation efforts with the private utility companies.
ODOT will be resurfacing SR 161 from Madison County (the Plain City area) to Cosgray Road. The bid will
be determined in November of 2007. The construction will take place in the spring of 2008.
Recommendation
Staff recommends approval of Resolution 26-07 authorizing the City Manager to enter into agreements with
the Ohio Department of Transportation (ODOT) for maintenance of improvements to the US 33/SR 161/Post
Road interchange and SR 161 (ODOT PID Number 80748).
EXHIBIT A
ODOT AGREEMENT NO.
AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
FOR LIGHTING OF HIGHWAYS
This Agreement is entered into by and between the State of Ohio, Department of
Transportation, hereinafter called ODOT, 1980 t~Vest Broad Street, Columbus, Ohio 43223, and
the City of Dublin, 5200 Emerald Parkway, Dublin, Ohio 43015, hereinafter called the CITY.
SECTION 1: PURPOSE OF AGREEMENT
1.1 ODOT and the CITY are redesigning and reconstructing the interchange known as the
U.S. 33/State Route 161 interchange in Union County, hereinafter known as the Project.
Pursuant to Section 5501.31 of the Ohio Revised Code, ODOT is charged by law with the
responsibility of maintaining the road and highways in a safe and operable condition,
including the lighting of said roads and highways.
1.2 The "State Highway System" shall be defined for purposes of this Agreement as those
portions of United States Route 33, located outside the boundaries of the CITY and State
Route 161 from FRA 0.58 to 0.83 SLM and UNI 12.86 to 13.73 SLM located outside the
CITY (UNI-33-24.89, PID 80748).
1.3 The ODOT and the CITY finds it in the best interest of the traveling public to maintain
adequate lighting at this interchange.
1.4 Pursuant to Resolution 26-07, the City Manager of the CITY is empowered to enter into
agreements with ODOT to carry out the Project.
SECTION 2: DURATION OF TERM
2.1 This Agreement shall be in effect when ODOT has accepted the construction work on the
Project or on June 30, 2008, whichever is later
2.2 Unless either party gives written notice of its intention not to renew at least 120 days
prior to June 30th, this agreement shall renew each year on July 1 and shall end on June
30th to correspond with the State's fiscal year.
2.3 It is expressly understood by the parties that none of the rights, duties, and obligations
described in this Agreement shall be binding on either party until all statutory provisions
under the Ohio Revised Code, including, but not limited to, Section 126.07, have been
complied with and until such time as all necessary funds are made available and
forthcoming from ODOT's funding source, and, when required, such expenditure of
Lighting Agreement Page 1 of 7 4/18/2007
EXHIBIT A
funds is approved by the General Assembly and by the Controlling Board of the State of
Ohio.
SECTION 3: AREA SERVED
3.1 The CITY agrees to maintain and to provide routine, preventative, and extraordinary
maintenance for the lighting owned by ODOT for the PROJECT.
3.2 The total count of lamps for the PROJECT is attached hereto, and incorporated by
reference herein, and marked as Attachment #1.
SECTION 4: SCHEDULE OF ILLUMINATION
4.1 The parties agree that all roadway lamps and highway signs on the State Highway System
shall burn and be illuminated on the "all night and every night" schedule from
approximately one-half hour after sunset to one-half hour before sunrise each night, for
an annual operation of approximately 4,000 hours, as determined by the photocell
control.
4.2 The parties agree that all lamps illuminating underpasses denoted in Attachment 1 shall
be illuminated and burn continuously 24 hours each and every day, except for unforeseen
power outages or equipment failures.
4.3 ODOT has determined that high mast lighting shall not be installed at this time with the
PROJECT. Should this need change in the future, the parties agree to review this
Agreement in regards to this added infrastructure.
SECTION 5: ENERGY PURCHASED AND OWNERSHIP
5.1 ODOT will be responsible for purchasing from an electrical supplier a sufficient amount
of electrical energy to operate the roadway lamps and highway signs on the PROJECT on
the aforesaid schedule of illumination. A dedicated circuit will be provided for in the
construction plans for the PROJECT by DUBLIN for all lighting and sign lighting
associated with the PROJECT. The circuit will only serve those fixtures on state routes.
Lighting for county, local, and township roads will not be serviced by this dedicated and
separate circuit.
5.2 All parts and equipment that are located within the highway right-of--way shall be the
property of ODOT.
5.3 If the jurisdiction of SR 161 changes due to annexation, the parties agree to review this
Agreement in regards to this change.
Lighting Agreement Page 2 of 7 4/18/2007
EXHIBIT A
SECTION 6: MAINTENANCE -DEFINITIONS
6.1 Maintenance means only those parts of the electrical lighting systems from the point of
delivery onward.
6.2 Routine Maintenance means that all lighting facilities are kept in a state of good repair,
including cleaning of glassware, replacement, or broken glassware, burned out lamps,
defective photocells, ballast or fuses and parts, tools and equipment needed to accomplish
the same. All parts being replaced shall be of equal quality with all original parts.
6.3 Preventative Maintenance shall mean a planned schedule of maintenance, including, but
not limited to, group replacement of lamps, i.e., replacing high pressure sodium and
mercury vapor lamps every four years, and annual cleaning of glassware and reflectors.
Group replacement shall be done with parts of equal quality with the paY-t being replaced.
6.4 Extraordinary Maintenance means the act of repairing, replacing, or rehabilitating an
item which both parties understand to be of such magnitude as to be beyond the scope of
work ordinarily performed by routine maintenance and repair forces. More specifically,
this shall mean the replacement or repair of major equipment caused by knock downs or
accidents, lighting strikes, underground cable repair, or replacement of major elements of
the lighting system and the parts, tools and equipment needed to accomplish said repairs.
SECTION 7: PERFORMANCE OF MAINTENANCE
7.1 The CITY agrees to perform all routine maintenance, as defined above, on all State-
Owned equipment including roadway lamps and excluding highway signs, and to use its
best efforts to keep the said roadway lamps in an operable condition.
7.2 The CITY agrees to perform all preventative maintenance, as defined above, on all State-
Owned roadway lamps, excluding highway signs, and to use its best efforts to keep the
said roadway lamps in an operable condition.
7.3 Traffic control during all maintenance activities shall comply with all requirements of the
latest Ohio Manual of Uniform Traffic Control Devices. Routine maintenance shall be
done during off-peak periods of traffic usage.
7.4 In the event that the CITY or ODOT believes it to be necessary that extraordinary
maintenance work should be performed on said roadway lamps, such work maybe
performed upon the following conditions:
a. The CITY shall notify ODOT in writing (fax or email) of the conditions which
exist that require extraordinary maintenance. Verbal approval from the STATE
maybe requested by the CITY for those conditions in which emergency repairs
must be made for safety purposes. Said notices shall be sent to:
Ohio Department of Transportation, District 6
Lighting Agreement Page 3 of 7 4/18/2007
EXHIBIT A
Attn: XXX
400 E. William Street
Delaware, Ohio 43015
Fax number: (740)xxx-xxxx
b. Where approved in advance by ODOT, the CITY shall bill ODOT for all direct
costs and any indirect overhead costs for extraordinary maintenance. Appropriate
documentation regarding labor, material and equipment shall be included. Said
bills shall be sent to:
Ohio Department of Transportation, District 6
Attn: XXX
400 E. William Street
Delaware, Ohio 43015
c. The CITY shall submit appropriate documentation to ODOT in order that ODOT
may pursue a responsible third party for damage done to the State Highway
System, defined within this agreement, ODOT may bill the responsible third
party for any extraordinary maintenance when sufficient information is available
to make a billing possible.
7.5 The CITY and ODOT shall have free access to all cable junctions, pull boxes, pole bases,
distribution boxes and other points in the circuits, on the State Highway System, so that
each party can perform inspections and maintenance checks necessary to maintain its
property. If a circuit fault is judged by one party to be within the property of the other,
the former party is obligated to notify the latter party or his agent so that repair can be
expedited. No circuit is to be energized until the CITY safety policy is followed.
SECTION 8: PAYAZENT FOR SERVICES
8.1 ODOT agrees to pay the CITY for routine and preventative maintenance at a cost of
$XXXX per lamp per month.
8.2 The CITY shall prepare and mail to ODOT a bi-monthly invoice for all maintenance
activities.
8.3 In accordance with Section 126.30 of the Revised Code, and upon receipt of a proper
invoice, payment shall be made by ODOT within thirty (30) calendar days. The adequacy
and sufficiency of all invoices shall be determined solely by ODOT. If ODOT
determines that an invoice is inadequate or insufficient, or determines that further
documentation or clarification is required, the burden of providing the required
information or documentation is on the CITY. ODOT shall notify the CITY in writing of
the inadequacy or insufficiency and may provide any information necessary to correct the
inadequacy or insufficiency. If such notification of inadequacy or insufficiency is sent,
the required payment date shall be thirty (30) days after receipt of the corrected invoice.
All invoices shall be mailed to:
Lighting Agreement Page 4 of 7 4/18/2007
EXHIBIT A
Ohio Department of Transportation City of Dublin
Deputy Director, District 6 Attn: Finance Director
400 E. William Street 5200 Emerald Parkway
Delaware, Ohio 43015 Dublin, Ohio 43017
8.4 It is agreed that beginning July 1St, 2009, Routine and Preventative Maintenance costs
shall increased by 3% per year to adjust for inflation. There will be no automatic
increases or adjustments to energy charges.
SECTION 4: FORCE MAJEURE
9.1 If either party is rendered unable by a Force Majeure to carry out, in whole or part, its
obligations hereunder and such Party gives notice and full details of the event to the other
Party as soon as practicable after the occurrence of the event, then during the period of
such Force Majeure but for no longer period, the obligations of the Party affected by the
event (other than the obligation to make payments then due or becoming due with respect
to performance prior to the event) shall be suspended and cancelled to the extent
required. The Party affected by the Force Majeure shall use all reasonable efforts to
remedy the Force Majeure as soon as is possible.
SECTION 10: GENERAL PROVISIONS
10.1 This Agreement supersedes and terminates any and all prior Agreements for the purpose
of electrical energy in the Project area and contains the complete agreement of the parties
with respect thereto. There are no other such Agreements or understandings, written,
oral, or implied. The terms, conditions and covenants of this Agreement shall insure to
the benefit of and bind the parties of their successors and assigns.
10.2 Either party may, at any time during the term of this Agreement, request amendments or
modifications. Requests for amendments or modifications shall be in writing and shall
specify the requested changes and the justifications of such changes. Should the parties
consent to modification of the Agreement, then an amendment shall be drawn, approved,
and executed in the same manner as the original Agreement.
10.3 Neither this Agreement 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.
10.4 This Agreement and any claims arising out of this Agreement shall be governed by the
laws of the State of Ohio. Any provision of this Agreement 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 Agreement or the performance there under shall be brought only in the
courts of Ohio, and the CITY 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
Lighting Agreement Page 5 of 7 4/18/2007
Agreement or the performance thereunder, such an action shall be brought only in a court
of competent jurisdiction in Franklin County, Ohio.
10.5 CITY agrees to comply with all applicable state and federal laws regarding drug-free
workplace. CITY shall make a good faith effort to ensure that all CITY employees,
while working on state property, will not purchase, transfer, use or possess illegal drugs
or alcohol or abuse prescription drugs in any way.
10.6 The City agrees to comply with Section 12.111 of the Ohio Revised Code.
10.7 Any person executing this Agreement in a representative capacity hereby warrants that
he/she has been duly authorized by his/her principal to execute this Agreement on such
principal's behalf.
10.8 All notices to be given under this Agreement shall be in writing and mailed by certified
mail to:
Ohio Department of Transportation
District 6
Attn: Dave Mengerink
400 E. William Street
Delaware, Ohio 43015
City of Dublin
Attn: Paul A. Hammersmith, PE
Director of Engineering/City Engineer
5800 Shier-Rings Road
Dublin, Ohio 43016
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized officials as of the last date below.
THE STATE OF OHIO
Department of Transportation
CITY OF DUBLIN, OHIO
BY:
Jaynes G. Beasley, P. E.,P. S., Director
DATE:
BY:
DATE:
Jane S. Brautigam, City Manager
APPROVED AS TO FORM
City Attorney, City of Dublin
Construction Agreement Page 6 of 7 4/ 18/2007
4-23-07 EXHIBIT B
ODOT Landscape Agreement
Page 1 of 6
ODOT AGREEMENT NO.
AGREEMENT
BETWEEN CITY OF DUBLIN AND
STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
TO AZAINTAIN THE HIGHWAY LANDSCAPING AT THE INTERCHANGE OF US 33
AND STATE ROUTE 161
This Agreement is made by and between the State of Ohio, acting by and through the
Director of the Department of Transportation (hereinafter referred to as the "ODOT"), 1980
West Broad Street, Columbus, Ohio 43223 and the City of Dublin, Ohio (hereinafter referred to
as "CITY"), acting by and through its City Manager, 5200 Emerald Parkway, Dublin, Ohio
43017.
RECITALS
WHEREAS, Sections 5501.11(D) and 5501.31 of the Ohio Revised Code provides that
the Ohio Department of Transportation (ODOT) may cooperate with municipal corporations in
the establishment, construction, reconstruction, maintenance, repair, and improvement of public
roads and bridges; and
WHEREAS, Section 5501.03(A)(3) of the Ohio Revised Code provides that the Director
of Transportation 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, as part of the construction of the interchange of US 33 and State Route 161
in Union County (UNI-33-24.89, PID 80748), ODOT installed hardscaping and landscaping
which needs to be rnaintained, hereinafter refereed to as the "Project"; and
WHEREAS, the City and ODOT have agreed that the City shall maintain the
hardscaping and landscaping at the interchange of US 33 and State Route 161
after the completion of Project and until such time as the interchange and surrounding
land is annexed into the City of Dublin.
NOW THEREFORE, for and in consideration of the premises and the performance of
the mutual covenants hereinafter set forth, and in anticipation of receipt of any and all requisite
approvals, it is agreed by the parties hereto as follows:
SECTION I: SCOPE OF WORK
1.1 The foregoing recitals are hereby incorporated as a material part of the Agreement.
4-23-07
ODOT Landscape Agreement
Page 2 of 6
EXHIBIT B
1.2 The work to be performed under this agreement shall consist of the following:
a. The maintenance of hardscape as fully described in the construction plans titled
UNI-33-24.89/LJS 33 & State Route 161 Interchange, and approved by ODOT
and CITY by the enhancement project, PID No. 80748_
b. The raintenance of landscape plantings as fully described in the construction
plans titled US 33 & State Route 161 Interchange Landscaping and approved by
ODOT and the City via aright-of--way permit.
1.3 All work will be accomplished in accordance with the latest Design Criteria, Standard
Drawings and Construction and Materials Specifications and ODOT Agreement No.
which shall include provisions for a Maintenance of Traffic Plan ("Plans and
Specifications"), as agreed to by the CITY.
SECTION II: OBLIGATIONS OF THE CITY
2.1 The CITY agrees to perform all maintenance activities required by industry practices to
maintain all hardscaping and landscaping installed as part of the Project in an attractive
manner. "Maintenance activities" include, but shall not be limited to: repairing the
hardscape, herbicidal spraying, on-going landscape maintenance, repair or replacement of
any dead trees or plants and repair, mowing or replacement of ground cover.
2.2 The CITY agrees to keep the exit and entrance ramps to the interchange of US 33 and
State Route 161 open to traffic at all times while performing any maintenance activities_
2.3 The City may install an irrigation system as part of a future City project. If the CITY
desires to install such a system, it shall apply to ODOT for a permit to occupy the
highway right-of--way. It shall also be responsible for performing all maintenance
activities once said system is installed. "Maintenance activities" include, but shall not be
limited to: repairing any damaged system elements, spring activation and winterization at
the end of the growing season. Procuring and maintaining an adequate water supply will
also be the responsibility of the City.
2.4 The CITY agrees to make ample financial and other provisions for such maintenance.
2.5 The CITY agrees to submit any additional landscaping plans to ODOT for prior approval
or to submit changes, additions, or deletions to existing landscaping to ODOT for prior
approval in a timely manner.
2.6 Highway property, disturbed by the CITY during maintenance activities, shall be restored
using materials, design and workmanship in conformance with the Ohio Department of
Transportation Construction and Material Specifications, Location and Design Manual,
or other existing Department Standards.
2.7 The CITY agrees that all work requiring workers or vehicles on the pavement or
4-23-07
ODOT Landscape Agreement
Page 3 of 6
EXHIBIT B
shoulders shall comply with all of the requirements of the Ohio Manual of Uniform
Traffic Control Devices and Item 614 (Maintaining Traffic) of the Ohio Department of
Transportation Construction and Materials Specifications. Failure to comply with the
requirement will be cause for immediate suspension of maintenance activities until the
proper traffic controls have been provided.
2.8 The CITY, upon completion of the work, shall leave the highway clean of all rubbish,
excess materials, temporary structures and equipment; and all parts of the highway
disturbed by any maintenance activities shall be left in acceptable condition.
SECTION III: OBLIGATIONS OF THE STATE
3.1 ODOT agrees to approve in a timely manner any additional hardscaping or landscaping
plans submitted by the City or to approve any changes, additions, or deletions to existing
landscaping in a timely manner.
3.2 ODOT agrees to grant, if necessary, permits to the CITY to use and occupy the ramps
and rights-of--way in and abutting US 33 for purposes of maintaining any landscaping in
an attractive manner.
SECTION IV: NOTICE
4.1 Notice under this Agreement shall be directed as follows:
City of Dublin
6555 Shier Rings Road
Dublin, Ohio 43016
Attn: Director of Parks and Open Space
Ohio Department of Transportation
District 6
400 East William Street
Delaware, Ohio 43015
Attn: Planning Administrator
SECTION V: BREACH OF CONTRACT
5.1 Neglect or failure of the CITY to comply with any of the terms, conditions, or provisions
of this Agreement, including misrepresentation of fact, shall be an event of default,
unless such failure or misrepresentation are the result of natural disasters, strikes,
lockouts, acts of public enemies, insurrections, riots, epidemics, civil disturbances,
explosions, orders of any kind of governments of the United States or State of Ohio or
any of their departments or political subdivisions (EXCEPT THOSE REASONABLY
FORESEEABLE IN CONNECTION WITH THE USES CONTEMPLATED BY THIS
AGREEMENT), or any other cause not reasonably within the CITY's control. The
CITY, however, shall remedy as soon as possible each cause preventing its compliance
with this Agreement.
5.2 If notified by ODOT in writing that it is in violation of any of the terms, conditions, or
4-23-07
ODOT Landscape Agreement
Page 4 of 6
EXHIBIT B
provisions of this Agreement, and a default has occurred, the CITY shall have thirty (30)
days or a time negotiated with ODOT from the date of such notification to remedy the
causes preventing its compliance and curing the default situation. Expiration of the
thirty (30) days or negotiated time and failure by the CITY to remedy the default shall
result in termination of this Agreement by ODOT.
5.3 Upon a termination of this Agreement by ODOT, ODOT shall conduct an inspection of
the right-of--way to determine whether or not the landscaping has been maintained to a
degree acceptable to ODOT. If the landscaping has not been maintained to a degree and
condition acceptable to ODOT, then ODOT may take any measures necessary to bring
such landscaping into an acceptable condition. The CITY shall be held responsible for
full restitution of all expenses incurred in bringing the landscaping into an acceptable
condition.
5.4 No remedy herein conferred upon or reserved by ODOT is intended to be exclusive of
any other available remedy, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Agreement or now or
hereafter existing at law or in equity. No delay or omission to exercise any right or
option accruing to ODOT upon any default by the CITY shall impair any such right or
option or shall be construed to be a waiver thereof, but any such right or option may be
exercised from tune to time and as often as may be deemed expedient by ODOT.
SECTION VI: GENERAL
6.1 The signing of the Agreement does not in any way abridge the right of the Director of
Transportation in 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 any of the landscaping performed, under the
Agreement, 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
discussions and understandings between the parties are superseded by this Agreement.
6.3 Neither this Agreement nor any rights, duties, or obligation described herein shall be
assigned by either party hereto without the prior express written consent of the other
party. Any change to the provisions of this Agreement must be made in a written
amendment executed by both parties.
6.4 This Agreement shall be construed and interpreted and the rights of the parties
determined in accordance with the laws of the State of Ohio.
6.5 The District Deputy Director of District 6 shall have full authority to ensure the full
compliance of the provisions of this Agreement.
6.6 The signing of the Agreement or the doing of any work thereunder shall constitute an
4-23-07
ODOT Landscape Agreement
Page 5 of 6
EXHIBIT B
agreement by the CITY to comply with all of the conditions and restrictions written
herein.
6.7 To the extent permitted by law, the CITY shall save harmless the State of Ohio and all of
its representatives from all suits, actions or claims of any character brought on account of
any injuries or damages sustained by any person or property in consequence of any
neglect or on account of any wrongful act or omission on the part of the CITY as a result
of the maintenance of said landscaping.
6.8 The CITY shall comply with the Air Pollution requirements of Rule 3745-17-08 of the
Ohio Administrative Code Promulgated and enforced by the Ohio Enviromnental
Protection Agency.
SECTION VII: CERTIFICATION OF FUNDS
7.1 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.
7.2 It is expressly understood by both parties that all financial obligations are subject to
compliance with Section 8.04(f) of the revised City of Dublin Charter.
SECTION X: TERII~IINATION
9.1 Until such time as the interchange and surrounding land is annexed into the City of
Dublin, either party may terminate this agreement by giving the other party ninety (90)
days written notice. This Agreement shall be effective as of the above date.
9.2 This Agreement shall terminate upon the effective date of annexation of the interchange
and sun-ounding land to the City of Dublin.
SECTION XI: SIGNATURES
10.1 Any person executing this agreement in a representative capacity hereby warrants that
he/she has been duly authorized by his/her principal to execute this agreement on such
principal's behalf.
THE STATE OF OHIO
Department of Transportation
CITY OF DUBLIN, OHIO
By:
Gordon Proctor. Director
BY:
Jane S. Brautigam, City Manger
Date: Date:
4-23-07
ODOT Landscape Agreement
Page 6 of 6
EXHIBIT B
APPROVED AS TO FORM
City Attorney, City of Dublin