Resolution 025-19RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No. 3c_1 CA
Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A GENERAL MAINTENANCE AGREEMENT WITH THE
OHIO DEPARTMENT OF TRANSPORTATION FOR THE I-270
AND US 33 INTERCHANGE UPGRADE PROJECT
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WHEREAS, the City of Dublin (the "City's has worked cooperatively with the Ohio
Department of Transportation C'ODOT'� to complete the construction of the I-270/US
33 Interchange Upgrade Project (the ''Project's pursuant to Resolution 77-14; and
WHEREAS, the Project is located in Dublin and includes roadways that are ODOT's
maintenance responsibility; and
WHEREAS, Dublin and ODOT agree the improvements constructed at this interchange
are necessary to continue the safe operations of the transportation network; and
WHEREAS, Dublin and ODOT recognize the benefit these public improvements will
continue to have on its citizens and it is in the best interests of Dublin and ODOT
to enter into a General Maintenance Agreement; and
WHEREAS, at Dublin's request, ODOT constructed certain aesthetic elements,
including landscaping, irrigation, bridge and wall patterns and colors not typically
constructed with ODOT projects; and
WHEREAS, Dublin agrees to maintain these aesthetic features, including the retaining
wall and bridge patterns and colors, landscaping, irrigation, and overhead sign support
painting, and ODOT agrees to maintain the interchange as required by the Ohio Revised
Code, and specifically, will be responsible for structural repairs, and will replace or
reinstall any landscaping, irrigation, or any sign supports, guardrail, or light poles
impacted by ODOT sponsored projects as detailed in the General Maintenance
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Counties
of Delaware, Franklin, and Union, State of Ohio, of the elected members
concurring that:
Section 1. The City Manager is hereby authorized to execute a General Maintenance
Agreement between ODOT and the City of Dublin for the Project 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. 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. This Resolution sh e effective upon passage in accordance with Section
4.04(a) f the Revised Cha
Pass this �'�Xd of , 2019.
Mayor — Presidipg Offi
ATTEST:
Clerk of Council
C ity of Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614.410.4400 9 Fax: 614.410.4490
To: Members of Dublin City Council
r
From: Dana L. McDaniel, City Mana 4f
Date: April 16, 2019
Initiated By: Megan O'Callaghan, PE, Director of Public Works
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Jean -Ellen M. Willis, PE, Engineering Manager - Transportation
Memo
Re: Resolution 25-19 -Authorizing the City Manager to enter into a General
Maintenance Agreement with the Ohio Department of Transportation for the I-
270 and US 33 Interchange Upgrade Project
Background
The need for the I-270 and US 33 Interchange Upgrade was identified as a priority in the I-270/US
33 Northwest Freeway Study in 2006. Dublin has been working with Ohio Department of
Transportation (ODOT) since 2009 to develop the I-270/US 33 Interchange Upgrade project. The
partnership and cooperation between the City and ODOT has allowed this project to progress from
a desire through the final construction of the interchange improvements. Figure 1 below shows the
improved interchange.
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Figure Y. I-270 and US 33 Interchange
des. 25-19 -- 33 General Maintenance Agreement with ODOT
April 16, 2019
Page 2 of 2
Staff recommends approval of Resolution 25-19, authorizing the City Manager to enter into a
General Maintenance Agreement with the Ohio Department of Transportation for the 1-270 an -
US 33 Interchange Upgrade project.
ODOT AGREEMENT NO.
MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
FRA-IR270-17.28
PID 88310
Interstate 270 and US 33 Northwest Interchange
and US 33/SR 161 Avery-Muirfield Drive Interchange
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 5501.11(A) and 5501.31 of the Ohio Revised code provides that
ODOT may cooperate with municipal corporations in the establishment, construction,
reconstruction, and improvement of public roads and bridges; and
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 incommode 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 ODOT will reconstruct the IR270
and US33/SR161 interchange; and
WHEREAS, this project, FRA-IR270-17.29, PID 88310 is hereinafter referred to as
"THE PROJECT" and is described as follows:
The reconstruction of the IR270 and US33/SR161 interchange, SLM FRA -270-15.95
to 18.39. This includes the addition of new lanes on US33 westbound and on US33
eastbound between Avery-Muirfield Drive and IR270, SLM FRA -33-0.77 to 3.23.
Also included is the removal of the eastbound to northbound and westbound to
southbound loop ramps and the construction of new ramps westbound to southbound
and eastbound to northbound. The construction of six new bridges will be included
for the ramps for IR270 and US33. Ramp improvements are also included at the
US33/SR161 and Avery-Muirfield Drive interchange.
NOW THEREFORE, in consideration of the mutual covenants and benefits stated
herein, and in further consideration of the obligations, terms and considerations hereinafter set
forth and recited, ODOT and THE CITY agree as follows:
1. OBLIGATIONS OF THE CITY
1.1 Upon completion of THE PROJECT, THE CITY shall bear all costs to provide or cause
to be provided the routine and aesthetic feature maintenance as described below and as
defined in the Ohio Revised Code sections 5501.31, 5501.49, 5511.01 and 5535.08 within
THE PROJECT limits.
1.1.1 Aesthetic Features of Bridges/Walls. Aesthetic patterns and colorings of
Bridges, Walls, Piers, and Parapets and all items not required by ODOT
standards for highway constructions shall be maintained by THE CITY. Any
corrections or repairs to any aesthetic features will be 100% the responsibility of
THE CITY.
1.1.2 Landscaping. Top soil, plant material including, but not limited to trees,
shrubs and grasses; mowing, all concrete dividers, decorative walls, ponds and all
other appurtenances of the landscaping design will be the sole responsibility of
THE CITY. THE CITY shall first obtain ODOT's approval before altering the
landscape and associated non-structural hardscape elements in accordance with
ODOT's Location & Design Manual, Construction and Material Specifications
and ODOT standards. However, THE CITY may replace landscaping plantings
with the same or similar plant species or with those having a similar growth habit
as long as they are in accordance with ODOT's Location & Design Manual,
Construction and Material Specifications and ODOT standards.
1. 1.3 Irrigation. All conduit, pipes, valves, electrical energy charges and all other
appurtenances of the irrigation system will be the sole responsibility of THE
CITY including, but not limited to, maintenance, repair and replacement. The
irrigation system is to be maintained in a fashion that will not conflict with other
features such as the roadway and ramps, drainage, and highway lighting
including underground cables, conduits, etc.
1.1.4 Overhead Sign Support Painting. The painting of the overhead sign
supports on US 33 within the project limits will be the responsibility of THE
CITY with ODOT's approval.
1.2 THE CITY agrees to maintain traffic on the lanes, shoulders, and of exit and entrance
ramps to the interstate system while performing maintenance activities along US 33 in
accordance with the applicable ODOT standards. Any activities requiring lane, shoulder, or
ramp closures will be performed in accordance with the current Temporary Traffic Control
Manual and the Ohio Manual of Uniform Traffic Control Devices. Lane closure/restrictions
charts, as provided in the ODOT Traffic Engineering Manual and the Permitted Lane Closure
Schedule (PLCS) web -based tool, shall be used when performing maintenance.
1.3 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. Any changes other
than restoration to the original state requires ODOT approval.
2. OBLIGATIONS OF THE STATE
2.1 Upon completion of THE PROJECT, ODOT agrees to provide maintenance within THE
PROJECT limits as set forth in the PROJECT map attached as Exhibit A and as described in
the Ohio Revised Code.
2.2 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.
2.3 Aesthetic features affected by ODOT sponsored projects.
2.3.1 Structural repairs shall remain the responsibility of ODOT in accordance with the
Ohio Revised Code. ODOT shall incorporate the replacement or restoration of project
affected aesthetic features of bridges and walls using form -liners supplied by THE CITY.
2.3.2 ODOT shall replace, or temporarily relocate and reinstall any project affected
landscaping. Replacement landscape materials will be similar in size and value to those
placed with THE PROJECT.
2.3.3 Affected irrigation shall be restored in kind unless it would cause conflict with other
features such as the roadway and ramps, drainage, and highway lighting including
underground cables, conduits, etc. Any betterments to irrigation would be paid by THE
CITY.
2.3.4 ODOT shall replace project affected painting of sign supports, guardrail, or light
poles.
2.4 Aside from ODOT sponsored projects all aesthetic features will be maintained by THE
CITY.
3. TERMINATION AND MODIFICATION
3.1 The term of this Agreement shall commence upon the date of execution of both parties,
may be reviewed by either Party for modification every five (5) years and shall not be
amended or terminated except by mutual agreement between the Parties, in writing, citing to
this Agreement.
4. GENERAL PROVISIONS
4.1 The signing of the Agreement does not in any way abridge the right of the Director of
Transportation's 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 1. 1.2 and 1. 1.3 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.
4.2 This Agreement constitutes the entire Agreement between the Parties regarding THE
PROJECT. All prior discussion, understandings, and the agreement between ODOT and
THE CITY to maintain the interchange of US 33/SR 161 and Avery Muirfield Drive,
between the Parties regarding maintenance of THE PROJECT are superseded by this
Agreement.
4.3 Any modifications to this Agreement shall be agreed to by both Parties in writing, and
shall reference this Agreement.
4.4 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 Party.
4.5 This Agreement shall be construed and interpreted and the rights of the Parties
determined in accordance with the laws of the State of Ohio.
4.6 The District Deputy Director of District 6 shall have authority to ensure the compliance
of the provisions of this Agreement.
4.7 The signing of the Agreement or the doing of substantial work thereunder shall constitute
an agreement by the Parties to comply with all of the terms, conditions and restrictions
written herein.
4.8 To the extent permitted by law, and without waiving Ohio's political subdivision
immunity, THE CITY shall be responsible for all loss, liability, damages to any person,
property, or business directly caused by THE CITY.
4.9 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 and all other permits applicable to the actions of THE CITY.
4.10 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 or THE CITY.
4.11 Notice under this Agreement shall be directed, in writing, as follows:
Ohio Department of Transportation
District 6
400 East William Street
Delaware, Ohio 43015
Attn: District Deputy Director
City of Dublin
6555 Shier Rings Rd
Dublin, Ohio 43016
Attn: City Engineer
4.12 Any person executing this Agreement in a representative capacity hereby warrants that
he/she has been duly authorized by the party to execute on such party's behalf.
4.13 Any party hereto may deliver a copy of its counterpart signature page to this Agreement
via fax or email. Each party hereto shall be entitled to rely upon a facsimile signature of any
other party delivered in such a manner as if such signature were an original.
STATE OF OHIO CITY OF DUBLIN
Department of Transportation
Jack Marchbanks, Director
Date
0127206.0607928 4835-8407-9945v1
Dana McDaniel, City Manager
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