Resolution 04-22
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: February 8, 2022
Initiated By: Megan D. O’Callaghan, Deputy City Manager/Chief Finance and Development Officer
Robert E. Ranc, Jr., Deputy City Manager/Chief Operating 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 04-22 – Authorizing the City Manager to Enter Into an Agreement with
the Ohio Department of Transportation (ODOT) for the US 33–SR 161–Post Road
Interchange Improvements (ODOT PID NUMBER 80748)
Background
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 2022-2026 Capital Improvements Program (CIP), construction is programmed for project
number ET003 in 2022. Construction for the project is on schedule to begin this year, 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 04-22 – Authorizing the City Manager to Enter Into an Agreement with ODOT for the US 33–SR
161–Post Road Interchange Improvements (ODOT PID NUMBER 80748)
February 8, 2022
Page 2 of 3
ODOT has been working very closely with Dublin staff to develop this project. 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.
On September 27, 2021, City Council approved Resolution 55-21, which authorized the City
Manager to enter into the Preliminary Participatory Agreement required by ODOT identifying
project expenses to be paid with the local contributions and establishing the general funding
structure of the construction project.
ODOT’s process now requires the execution of the Final Participatory Agreement which sets forth
the same general provisions, but with more specificity, based on ODOT’s current estimates.
Summary
Since the approval of Resolution 55-21 in September 2021, ODOT’s Office of Estimating generated
their cost estimate, which anticipates an increase in construction costs based on their recent
history of projects awarded and associated costs. This is consistent with current construction
industry trends and likely due to supply and labor related shortages and inflation. Based on
ODOT’s current estimate, the total local share of the construction cost is $14,669,840. Of this
amount, Dublin’s estimated contribution is approximately $8.42 million. Table 1 summarizes the
current estimated funding plan.
Table 1: Current Estimated Construction Funding Summary
Contributor Utility
Estimate
Construction
Estimate Sum
Dublin $0.75 M $8.42 M $9.17 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 =
$14.67 M
$15.42 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 $ 36.80 M $37.55 M
Staff initiated several conversations with ODOT regarding the estimate and funding strategy. The
difference between what was estimated in September and ODOT’s most recent estimate is
$3,499,840. Given the increased estimated funds needed for the project, ODOT has agreed to allow
Dublin to pay the $3,499,840 difference in two installments; one-half in 2022, and the other half in
2023. The amount owed in 2023 will depend on the awarded amount of the project after ODOT
Resolution 04-22 – Authorizing the City Manager to Enter Into an Agreement with ODOT for the US 33–SR
161–Post Road Interchange Improvements (ODOT PID NUMBER 80748)
February 8, 2022
Page 3 of 3
opens bids on March 10, 2022. Dublin’s ultimate share of the cost will be determined when the final
actual project costs and allocations are determined.
Project Funding
The 2022 – 2026 Capital Improvements Program appropriated $11,930,000 for this project. Union
County has contributed $5.0 million of this amount.
In order to fund the additional roughly $1.0 million necessary in 2022, an additional appropriation
of $1.0 million will be included in the first quarter supplemental in March. This additional million
dollars will be advanced from the Capital Improvements Fund to the West Innovation District TIF
Fund for this project. As the West Innovation District continues to develop and additional TIF
revenues are generated, these revenues will be utilized to repay this advance.
When the 2023 – 2027 Capital Improvements Program is created it may need to include the
additional advances totaling $1,749,920 from the Capital Improvements Fund to the West Innovation
District TIF in 2023. The need and amount of such advance will depend on the awarded amount of
the project. These advances would be repaid with future TIF revenues similar to the 2022 advances.
Recommendation
Staff recommends adoption of Resolution 04-22, 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.
December 22, 2021
Tina Wawszkiewicz
6555 Shier Rings Road
Dublin, Ohio 43016
RE: Final Participatory Legislation
UNI-US33-24.87, PID 80748
Dear Mrs. Wawszkiewicz:
Enclosed are final participatory legislation documents for the ODOT construction project which
will upgrade the interchange of US 33/SR 161/Post Rd to include interchange reconfiguration,
ramp relocation, along with other associated work within the City limits. The following specific
documents are included:
a. Sample Final Resolution
b. Fiscal Officer’s Certificate
c. Contract
d. Official Highway Invoice No. 11435
Items a, b and c are required to be executed in this chronological order to comply with Section 5705.41
and Chapter 5521, Ohio Revised Code. Also, it should be noted that no changes can be made to these
documents except for the Final Resolution, which is a sample. This sample form may be utilized by the
City, or a copy of the City’s Final Resolution may be submitted instead.
After your review and approval, please forward the legislation to the City Council for their necessary
action. When executed, please return electronic copies of the following signed documents to me at
kelsey.vandia@dot.ohio.gov:
a. Final Resolution
b. Fiscal Officer’s Certificate
c. Contract
Final Participatory Legislation
PID 80748
Page 2 of 2
In addition to the above documents, two copies of the invoice (item d) and a check for the invoiced
amount must be returned to Helene Ware at ODOT’s Central Office (Ohio Department of
Transportation, Office of Estimating, Attn. Helene Ware, mail stop #4110, 1980 West Broad St., 1st
Floor, Columbus, Ohio 43223).
An escrow agreement may be provided upon request.
Please return these items as soon as possible, but no later than February 18, 2022.
If you have any questions, feel free to contact me at 614-357-5430 or via E-mail at
kelsey.vandia@dot.ohio.gov.
Respectfully,
Kelsey Vandia
LPA Project Manager
ODOT D6 Planning & Engineering
Attachments*
C: Legislation file*, B. Davidson*, D. Mengerink, S. Fellenger*, J. Willis
(Resolution/Ordinance No. 55-21) PID No. 80748
F I N A L R E S O L U T I O N
The following Final Resolution enacted by the City of Dublin, Ohio, hereinafter
referred to as the Legislative Authority/Local Public Agency or "LPA", in the matter of the
stated described project.
WHEREAS, on the 27th day of September, 2021, the LPA enacted legislation
proposing cooperation with the Director of Transportation for the described project:
The project consists of the rehabilitation of the U.S. 33/S.R. 161 interchange,
including ramp realignment, structure replacement, reconstruction and
widening of S.R. 161, modification of the S.R. 161/Eiterman Road roundabout,
and reconstruction of the Post Road/Hyland-Croy Road intersection, lying
within the City of Dublin; and
WHEREAS, the LPA shall cooperate with the Director of Transportation in the above
described project as follows:
The City agrees to assume and bear one hundred percent (100%) of the entire
cost of the improvement within the city limits, less the amount of Federal-Aid
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.
The share of the cost of the LPA is now estimated in the amount of Fourteen Million Six
Hundred Sixty-Nine Thousand Eight Hundred Forty and - - - - 00/100 Dollars,
($14,669,840.00), but said estimated amount is to be adjusted in order that the LPA's
ultimate share of said improvement shall correspond with said percentages of actual costs
when said actual costs are 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, The LPA desires the Director of Transportation to proceed with the
aforesaid highway improvement.
PID No. 80748
NOW, THEREFORE, be it resolved:
I. That the estimated sum, of Fourteen Million Six Hundred Sixty-Nine
Thousand Eight Hundred Forty and - - - - 00/100 Dollars, ($14,669,840.00)
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. We hereby agree to assume in the first
instance, the share of the cost and expense over and above the amount to be
paid from Federal funds.
II. That the LPA hereby requests the Director of Transportation to proceed with
the aforesaid highway improvement.
III. That the LPA enter into a contract with the State, and that the City Manager
be, and is hereby authorized to execute said contract, providing for the payment
of the LPA the sum of money set forth herein above for improving the described
project.
IV. That the LPA transmit to the Director of Transportation a fully executed copy of
this Resolution.
This is to certify that we have compared the foregoing copy of Resolution with the original
record thereof, found in the record of the proceedings of the LPA, and which Resolution
was duly passed by the LPA on the ___________ day of ________________ , 20____ ,
and that the same is a true and correct copy of the record of said Resolution and the
action of said LPA thereon.
We further certify that said Resolution and the action of said LPA thereon is recorded in
the journal of said LPA in Volume _________ , at Page __________ , and under date of
____________________________________ , 20____ .
Legislative Authority of the
City of Dublin, Ohio
City Manager
SEAL
(If Applicable) Clerk (Secretary Ex-Officio)
PID No. 80748
FISCAL OFFICER’S CERTIFICATE
(Chapter 5521 and Section 5705.41, Ohio Revised Code)
I hereby certify to that the money, to wit: $14,669,840.00 required for the payment of
the cost other than that thereof assumed by the Federal Government, for the
improvement of that portion of U.S. 33, lying within the corporate limits of the City of
Dublin, more particularly described as follows:
The project consists of the rehabilitation of the U.S. 33/S.R. 161 interchange,
including ramp realignment, structure replacement, reconstruction and
widening of S.R. 161, modification of the S.R. 161/Eiterman Road
roundabout, and reconstruction of the Post Road/Hyland-Croy Road
intersection, 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 day of , 20____.
(Fiscal Officer’s Seal)
(If Applicable)
Fiscal Officer of the City of
Dublin, Ohio
PID No. 80748
C O N T R A C T
(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. 80748
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:
The project consists of the rehabilitation of the U.S. 33/S.R. 161 interchange, including
ramp realignment, structure replacement, reconstruction and widening of S.R. 161,
modification of the S.R. 161/Eiterman Road roundabout, and reconstruction of the Post
Road/Hyland-Croy Road intersection, lying within the City of Dublin.
SECTION V: FINANCIAL PARTICIPATION
1. 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 Fourteen Million Six Hundred
Sixty-Nine Thousand Eight Hundred Forty and - - - - 00/100 Dollars,
($14,669,840.00).
5. The City agrees to assume and bear one hundred percent (100%) of the entire
cost of the improvement within the city limits, less the amount of Federal -
Aid 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.
6. The LPA agrees to assume and bear One Hundred Percent (100%) of the cost of any
construction items required by the LPA on the entire project, which are not necessary for
the improvement, as determined by the State and Federal Highway Administration.
7. The LPA agrees that change orders and extra work contracts required fulfilling 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.
PID No. 80748
SECTION VI: RIGHT-OF-WAY AND UTILITIES
1. The LPA agrees that all right-of-way required for the described project will 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 relo cations 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 shall be approved
by the STATE and performed in accordance with the provisions of the
ODOT Construction and Materials Specifications.
SECTION VII: 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.
2. The LPA agrees:
A. To keep said highway open to traffic at all times;
B. To maintain the PROJECT in accordance with the provisions of the statutes
relating thereto,
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;
PID No. 80748
E. To place and maintain all traffic control devices conforming to the Ohio
Manual of 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 VIII: 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
5555 Perimeter Drive Office of Contract Sales & Estimating
Dublin, Ohio 1980 West Broad Street, 1st Floor
43017 Columbus, Ohio 43223
SECTION X: FEDERAL REQUIREMENTS
1. In carrying out this contract, LPA shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex, national origin,
disability, or age. LPA will ensure that applicants are hired and that employees are
treated during employment without regard to their race, religion, color, sex, national
origin (ancestry), disability, genetic information, or age (40 year s or older), sexual
orientation, or military status (past, present, future). Such action shall include, but
not be limited to, the following: Employment, Upgrading, Demotion, or Transfer;
Recruitment or Recruitment Advertising; Layoff or Termination; Rates of Pay or
other forms of Compensation; and Selection for Training including Apprenticeship.
2. To the extent necessary under Ohio law, LPA agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause. LPA will, in all solicitations or
advertisements for employees placed by or on behalf of LPA, state that all qualified
applicants will receive consideration for employment without regard to rac e,
religion, color, sex, national origin (ancestry), disability, genetic information, age
(40 years or older), sexual orientation, or military status (past, present, future). If
applicable, the LPA shall incorporate the foregoing requirements of this parag raph
in all of its contracts for any of the work prescribed herein (other than subcontracts
for standard commercial supplies or raw materials) and will require all of its
subcontractors for any part of such work to incorporate such requirements in all
subcontracts for such work.
PID No. 80748
3. LPA agrees to fully comply with Title VI of the Civil Rights Act of 1964, 42 USC
Sec. 2000. LPA shall not discriminate on the basis of race, color, or national origin
in its programs or activities. The Director of Transportation may monitor the
Contractor's compliance with Title VI.
SECTION XI: 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. 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 STA TE.
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 shall be deemed to have been substantially performed only when
fully performed according to its terms and conditions and any modification thereof.
7. LPA agrees that it is currently in compliance and will continue to adhere to the
requirements of Ohio Ethics law as provided by Section 102.03 and 102.04 of the
Ohio Revised Code.
SECTION XII: 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.
Any party hereto may deliver a copy of its counterpart signature page to this Agreement via fax
or e-mail. Each party hereto shall be entitled to rely upon a facsimile signature on any other party
delivered in such a manner as if such signature were an original.
PID No. 80748
IN WITNESS THEREOF, the parties hereto have caused this contract to be duly executed
in duplicate.
SEAL
(If Applicable)
OHIO DEPARTMENT OF LOCAL PUBLIC AGENCY
TRANSPORTATION City of Dublin
_________________________________ ________________________________
Director of Transportation City Manager
________________________________
Date
Approved:
Dave Yost
Attorney General of Ohio
By:_______________________________
Corinna Efkeman
Unit Coordinator, Transportation
Executive Agencies Section
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