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Resolution 55-21    To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: September 21, 2021 Initiated By: Megan D. O’Callaghan, Deputy City Manager/Chief Finance and Development Officer Matthew Stiffler, Director of Finance Paul A. Hammersmith, PE, Director of Engineering/City Engineer Jean-Ellen M. Willis, PE, Deputy Director of Transportation & Mobility Re: Resolution 55-21 – Authorizing the City Manager to Enter Into an Agreement with the Ohio Department of Transportation for the US 33–SR 161–Post Road Interchange Improvements (17-013-CIP/ET003) (ODOT PID NUMBER 80748) Summary The City of Dublin is working cooperatively with project partners at the Ohio Department of Transportation (ODOT) and Union County to improve the interchange at US 33–SR 161–Post Road. The project was developed in the early 2000’s with the original interchange modification study approved in 2001. Detailed design was developed from 2005 through 2008, along with right-of- way acquisition for the majority of the project, and then the design project was put on hold. Meanwhile, phases of the design surrounding the central interchange were constructed, including the Liggett Road relocation in 2008; widening SR 161, realigning and improving the intersection of Industrial Parkway in 2010; and constructing the Eiterman Road roundabout in 2015. The central interchange project resumed in 2019 through cooperation of the project partners to complete a full funding package. In the 2021-2025 Capital Improvements Program (CIP), construction was programmed for project number ET003 in 2021. Construction for the project is currently programmed to begin in 2022, with an anticipated substantial completion date in 2024. Figure 1. US 33 - SR 161 - Post Road Interchange Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 Memo Resolution 55-21 – Authorizing the City Manager to Enter Into an Agreement with ODOT for the US 33–SR 161–Post Road Interchange Improvements (17-013-CIP/ET003) (ODOT PID NUMBER 80748) September 21, 2021 Page 2 of 2 ODOT has been working very closely with Dublin staff to develop this project, shown in Figure 1. The interchange improvements are mutually beneficial to ODOT, Dublin, Union County, and the region. As such, ODOT, Dublin, Union County, and MORPC, along with private development, are all funding partners for the project. The Preliminary Participatory Agreement included within Resolution 55-21 identifies project expenses to be paid with the local contributions and establishes the general funding structure of the construction project. Staff anticipates a Final Participatory Agreement with ODOT will be brought to City Council in January 2022 which will identify the actual local contribution amount based on an ODOT generated project cost estimate. Based on the current preliminary estimate, the City of Dublin is expected to contribute approximately $4.92 million to ODOT for the construction project. In addition to Dublin’s estimated $4.92 million construction contribution to ODOT, commitments from Union County and private developments will flow through Dublin, for a total of $11.17 million. Union County will make their construction contribution, along with the FedEx contribution, to Dublin as described in Resolution 54-21, which is also an agenda item for consideration with this City Council Meeting. Based on the current sale schedule, ODOT will invoice Dublin in January 2022 prior to the bid opening planned for March 2022. The cost of the construction project is presently estimated at $33,300,000. Adding the utility estimate, the total construction cost for the project is estimated at $34,050,000. The estimated construction funding plan is summarized in Table 1 below. Table 1. Construction Funding Summary Contributor Utility Estimate Construction Estimate Sum Dublin $0.75 M $ 4.92 M $5.67 M Private Development via Dublin - $1.25 M $1.25 M Union County - $ 3.50 M $ 3.50 M Private Development via Union Co - $ 1.50 M $ 1.50 M Subtotal $0.75 M Estimated payment to ODOT = $11.17 M $11.92 M ODOT – TRAC - $ 11.25 M $ 11.25 M ODOT – District 6 - $ 0.88 M $ 0.88 M MOPRC - $ 10.00 M $ 10.00 M Total $0.75 M $ 33.30 M $34.05 M Recommendation Staff recommends adoption of Resolution 55-21, authorizing the City Manager to enter into an Agreement with the Ohio Department of Transportation for the US 33–SR 161–Post Road Interchange Improvements. June 29, 2021 Tina Wawszkiewicz 6555 Shier Rings Road Dublin, Ohio 43016 RE: Preliminary Participatory Legislation UNI-US33-24.87, PID 80748 Dear Mrs. Wawszkiewicz: Enclosed is preliminary participatory legislation to allow ODOT’s contractor to perform work to upgrade the interchange of US 33/SR 161/Post Rd to include interchange reconfiguration, ramp relocation, along with other associated work within the City of Dublin. Tentatively, the construction work will begin during the summer of 2022. If you have questions regarding the estimates or scope for this project, please contact Steve Fellenger (Steven.Fellenger@dot.ohio.gov ). After your preparation and approval of the legislation document, please forward it to the Council for their necessary action. After the legislation has been executed, please return an electronic copy of the executed legislation to my email address (below). In order to assure that project development proceeds in a timely manner, the legislation will need to be fully executed and returned to this office prior to October 1, 2020. If you have any questions, please feel free to contact me at 614-357-5430 or via e-mail at kelsey.vandia@dot.ohio.gov . Respectfully, Kelsey Vandia Local-Let Project Manager ODOT D6 Planning & Engineering Attachments* C: Legislation file*, B. Davidson*, D. Mengerink, J. Willis PRELIMINARY PARTICIPATORY LEGISLATION RC 5521.01 Resolution# PID No.80748 County/Route/Section UNI US 33 24.870 The following is enacted by the City of Dublin of Franklin, Union, and Delaware (An Ordinance/a Resolution) (Local Public Agency) County, Ohio, hereinafter referred to as the Local Public Agency (LPA). SECTION I - Project Description WHEREAS, the STATE has identified the need for the described project: Upgrading the interchange of US 33/SR 161/Post Rd to include interchange reconfiguration, ramp relocation, along with other associated work within and adjacent to the City of Dublin. NOW, THEREFORE, be it ordained by the City of Dublin of Franklin, Union, and Delaware County, Ohio. (LPA) SECTION II - Consent Statement Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described project. SECTION III - Cooperation Statement The LPA shall cooperate with the Director of Transportation in the above described project as follows: The LPA agrees to pay for a portion of the eligible roadway, pavement, and bridge items as follows: The LPA agrees to pay 20% of the MORPC cap match as well as 100% of the remaining costs not funded by the TRAC, MORPC, Union County and District Preservation funds. The LPA agrees to pay for 100% of the non-eligible items, enhancements, and utility company reimbursements. The LPA further agrees to pay One Hundred Percent (100%) of the cost of those features requested by the LPA which are determined by the State and Federal Highway Administration to be unnecessary for the Project. The LPA further 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 IV - Maintenance Upon completion of the described Project, and unless otherwise agreed, the LPA shall: (1) provide adequate maintenance for the described Project in accordance with all applicable state and federal law, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as necessary, for the maintenance of the described Project; (3) maintain the right-of-way, keeping it free of obstructions; and (4) hold said right-of-way inviolate for public highway purposes. SECTION V - Authority to Sign The of said City of Dublin is hereby empowered on (Contractual Agent) (LPA) behalf of the City of Dublin to enter into contracts with ODOT pre-qualified consultants (LPA) for the preliminary engineering phase of the Project and to enter into contracts with the Director of Transportation necessary to complete the above described project. Upon the request of ODOT, the is also empowered to assign all rights, (Contractual Agent) title, and interests of the City of Dublin to ODOT arising from any agreement with its (LPA) consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity. The LPA agrees that if Federal Funds are used to pay the cost of any consultant contract, the LPA shall comply with 23 CFR 172 in the selection of its consultant and the administration of the consultant contract. Further the LPA agrees to incorporate ODOT's "Specifications for Consulting Services" as a contract document in all of its consultant contracts. The LPA agrees to require, as a scope of services clause, that all plans prepared by the consultant must conform to ODOT's current design standards and that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the Project. The LPA agrees to include a completion schedule acceptable to ODOT and to assist ODOT in rating the consultant's performance through ODOT's Consultant Evaluation System. Passed: , 20 (Date) Attested: (Clerk) (Officer of LPA - title) Attested: (Title) (City Manager) This is hereby declared to be an emergency measure to (Ordinance/Resolution) expedite the highway project(s) and to promote highway safety. Following appropriate legislative action, it shall take effect and be in force immediately upon its passage and approval, otherwise it shall take effect and be in force from and after the earliest period allowed by law. CERTIFICATE OF COPY STATE OF OHIO City of Dublin of Franklin, Union, and Delaware County, Ohio, (LPA) , as Clerk of the City of Dublin (LPA) of Franklin, Union, and Delaware County, Ohio, do hereby certify that the forgoing is a true and correct copy of adopted by the legislative Authority of the said (Ordinance/Resolution) City of Dublin on the day of , 20 (LPA) that the publication of such has been made and certified of (Ordinance/Resolution) record according to law; that no proceedings looking to a referendum upon such have been taken; and that such (Ordinance/Resolution) (Ordinance/Resolution) and certificate of publication thereof are of record in Page (Ordinance/Resolution Record No.) IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, if applicable, this __________ day of ____________________, 20____ CITY SEAL Clerk City of Dublin of Franklin, Union, and Delaware County, Ohio (LPA) (If the LPA is designated as a City then the “City Seal” is required. If no Seal, then a letter stating “No Seal is required to accompany the executed legislation.) The foregoing is accepted as a basis for proceeding with the project herein described. For the City of Dublin of Franklin, Union, and Delaware County, Ohio (LPA) Attest: , Date Dana L. McDaniel, City Manager ****************************************************************************** For the State of Ohio Attest: , Date Director, Ohio Department of Transportation