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20-09 ResolutionRECORD OF RESOLUTIONS Passed Dayton Legal elarR. Inc .Form No 30045 20-09 Resolution Nn. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION (ODOT) FOR SIGN MAINTENANCE ASSOCIATED WITH IMPROVEMENTS TO S.R. 161 WHEREAS, the City of Dublin desires 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 promotes working cooperatively with surrounding jurisdictions to promote regional transportation planning and programming, and WHEREAS, the City of Dublin and the Ohio Department of Transportation have agreed to maintain respective portions of the improvements, including traffic control signs associated with the SR 161 improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring, that: Section 1. The City Manager is hereby authorized to enter into an Agreement with the Ohio Department of Transportation for the purpose of sign maintenance associated with the improvements to SR 161. Section 2. This resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this ~ day of , 2009. Mayor -Presiding Officer Attest: Clerk of Council 20 CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of City Council From: Terry Foegler, City Manager i~ ~~ Date: Apri130, 2009 Memo Initiated By: Paul A. Hammersmith, PE, Director ofEngineering/City Engineer Barbara A. Cox, PE, Engineering Manager -Development Re: Resolution 20-09 -Agreement with the Ohio Department of Transportation (ODOT) for Sign Maintenance Associated with Improvements to SR 161 Summary In March of 2006, staff presented the main agreement needed to solidify the City's partnership with the Ohio Department of Transportation (ODOT) regarding the construction and maintenance responsibilities and funding of the improvements to the US 33/SR 161/Post Road interchange. Council approved Resolution 17-06 on March 6, 2006. Resolution 26-07 authorized 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. Council approved this Resolution on April 23, 2007. None of the previously approved agreements specifically addressed the maintenance of the roadway signs. The main agreement states that since the improvements are not in Dublin's jurisdiction, that maintenance, unless otherwise specified in the Lighting and Landscaping Agreements, is to be the responsibility of the appropriate agency (ODOT or Union County). The concern regarding sign maintenance was brought forth by ODOT in review comments on the construction drawings for the relocation of Industrial Parkway and the associated widening of SR 161. Staff worked with the ODOT project expeditor in February of 2008 to address this concern in a letter response. (A copy of the letter which staff provided is attached for your reference.) All other comments regarding these construction drawings have been addressed. In finalizing their review to issue the required right-of--way permit, ODOT staff has requested that an agreement regarding the sign maintenance responsibilities be formalized. A copy of their proposed agreement is attached for your review. In general terms, this Agreement requires that Dublin maintain all but one of the signs associated with this project. The exception is an overhead, cantilevered sign, which the City is not equipped to maintain. (Attached is a graphic for a depiction of this type of sign.) Engineering, Finance and Legal staff have reviewed the agreements, and the following revisions will be requested before the City Manager signs the agreement: • Section 3 -verify the sign count with the construction drawings and Attachment 1 • Section 6.5 -clarify the requirements during an extraordinary repair event • Section 8.1 -edit "insure" to "inure" Memo re. Resolution 20-09 - ODOT Agreement - SR 161 Apri130, 2009 Page 2 of 2 Recommendation Staff recommends approval of Resolution 20-09, authorizing the City Manager to enter into this agreement with the Ohio Department of Transportation. February 1, 2008 Ms. Mandy Killing, P.E. ODOT District 6 400 E. William Street , Delaware, OH 43015 „~ ,~ ;,, ,,, , , sago sr~ RE: US 33/SR 161/Post Road Interchange (PID #80748} ~ a4.a oawmue,o~o~b SR 161 Improvements (ROW Permit #423} F~Oae: s~+.~o.+~oo Post-mounted Sign Maintenance Fu: Gt4-M16S06 Wcb sift: ~ww.~bfmo~w Dear Mandy, In the most recent set of comments received for the above-referenced project, the District inquired about the maintenance of the traffic control signs. Further, the appropriateness of certain signs at the roundabouts was also questioned. This corridor will use some specialty sign combinations due to the roundabouts. The City of Dublin has established a pattern of signs for this type of intersection control, thus establishing driver expectations in the area. Therefore, the City of Dublin proposes to provide typical maintenance for all regular post-mounted signs shown in the construction drawings for these two projects. We will perform standard maintenance at no cost to ODOT. Since we will provide the maintenance, we ask permission to use our typical sign installation as depicted in the attached detail. This is a departure from ODOT's standards, but allows us efficiencies in inventory of materials and maintenance operations. This proposal does not include the beam-mounted signs or the over-head signs on the truss structures. We do not have the equipment or materials to maintain these signs and believe that they are all standard ODOT signs within the limited access right-of--way under ODOT's jurisdiction. Please let us know if this proposal is acceptable to the District and if you have any questions or need additional information. Sincerely, Paul A. Hammersmith, P.E. Director of Engineering/City Engineer ODOT AGREEMENT NO. AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE STATE OF OHIO DEPARTMENT OF TRANSPORTATION FOR SIGNING OF HIGHWAYS This Agreement is entered into by and between the State of Ohio, Department of Transportation, hereinafter called ODOT, 1980 West 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 The CITY is redesigning and reconstructing the intersection known as the State Route 161/ Industrial Parkway intersection 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 roads and highways in a safe operable condition, including the signing of said roads and highways. 1.2 The "State Highway System" shall be defined for purposes of this Agreement as those portions of State Route 161 located outside the boundaries of the CITY and State Route 161 from UNI12.98 to 13.38 SLM. 1.3 The ODOT and the CITY finds it in the best interest of the traveling public to maintain adequate signing at this intersection. 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 commence when ODOT has accepted the construction work on the PROJECT or on June 30, 2010 whichever is later. Furthermore, this agreement shall expire upon annexation by the CITY of any of the portion of the project facilities contained in the PROJECT or SUBPROJECT referred to in ODOT Agreement No. 14896. Upon expiration, the CITY will assume responsibility for all maintenance responsibilities and associated costs. 2.2 This agreement shalt renew each yeaz on July 1 and shall end on June 30 to correspond with the State's fiscal year, unless it has expired as set forth in Paragraph 2.1 or unless Page 1 of 6 either party gives written notice of its intention not to renew at least 120 days prior to June 30. SECTION 3: AREA SERVED 3.1 The CITY agrees to maintain and to provide routine, preventative and extraordinary maintenance for the signing owned by the CITY for the PROJECT. 3.2 The total count of signs for the PROJECT is 47 as noted on Attachment # 1. SECTION 4: OWNERSHIP 4.1 All parts and equipment that are located within the highway right-of--way shall be the property of the CITY. If the jurisdiction of SR 161 changes due to annexation, the parties agree to review this Agreement in regards to ownership of parts and equipment. SECTION 5: MAINTENANCE-DEFINITIONS 5.1 Maintenance means only those parts of the signing systems from the point of delivery onward. 5.2 Routine Maintenance means that all signing facilities are kept in a state of good repair. All parts being replaced shall be of equal quality with all original parts. 5.3 Extraordinary Preventative Maintenance shall mean a planned schedule of maintenance, including but not limited to, group replacement of signs and annual cleaning of signs. Group replacement shall be done with parts of equal quality with the part being replaced. 5.4 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 and the parts, tools and equipment needed to accomplish said repairs. SECTION 6: PERFORMANCE OF MAINTENANCE 6.1 The CITY agrees to perform all routine maintenance as defined above on all signs except the Special 228x66 sign Located at Sta. 37+79 and to use its best efforts to keep the said roadway signs in an operable condition. 6.2 The CITY agrees to perform all preventative maintenance, as defined above, on all signs except the Specia1228x66 sign Located at Sta. 37+79 and to use its best efforts to keep the said roadway signs in operable condition. Page 2 of 6 6.3 ODOT agrees to perform all routine and preventative maintenance on the Special 228x66 sign located at Sta. 37+79. 6.4 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. 6.5 In the event that the CITY or ODOT believes it to be necessary that extraordinary maintenance work should be performed on said roadway signs such work may be 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 ODOT may be 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 Attn: Highway Management Administrator 400 E. William Street Delaware, Ohio 43015 Fax number (740)833-8093 b. The CITY and ODOT shall submit appropriate documentation to ODOT in order for ODOT to pursue a responsible third party for damage done to the State Highway System, defined within this agreement. The CITY may bill the responsible party when sufficient information is available to make a billing possible. 6.6 The CITY and ODOT shall have free access to all signs on the State Highway System, so that each party can perform inspections and maintenance checks necessary to maintain its property. If a sign 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. SECTION 7: FORCE MAJEURE 7.1 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 Parry affected by the Force Majeure shall use all reasonable efforts to remedy the Force Majeure as soon as is possible. Page 3 of 6 SECTION 8: GENERAL PROVISIONS 8.1 This Agreement supplements Agreement # 14896 any and all prior Agreements for the purpose of signing 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 assignees. 8.2 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 the modification of the Agreement, then an amendment shall be drawn, approved and executed in the same manner as the original agreement. 8.3 Neither this Agreement nor any rights, duties or obligations described herein shall be assigned by either parry hereto without the prior express written consent of the other party. 8.4 This Agreement and any claims arising out of this Agreement shall be governed by the laws of the State of Ohio. Any provisions 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 thereunder 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 Agreement or the performance thereunder, such an action shall be brought only in a court of competent jurisdiction in Franklin County Ohio. 8.5 The CITY agrees to comply with all applicable state and federal laws regarding a drug free workplace. The 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 dntgs in any way. 8.6 The CITY agrees to comply with Section 125.111 of the Ohio Revised Code. 8.7 In accordance with Executive Order 2007-01 S, the CITY, by signing this Agreement certifies: (1) it has reviewed and understands Executive Order 2007-O1 S, (2) has reviewed and understands the Ohio ethics and conflict of interest laws, and (3) will take no action inconsistent with those laws and this order. The CITY understands that failure to comply with Executive Order 2007-01 S is, in itself, grounds for termination of this contract and may result in the loss of other contracts with the State of Ohio. 8.8 All notices to be given under this Agreement shall be in writing and mailed by certified mail to: Page4of6 Ohio Department of Transportation District 6 Attn: Highway Management Administrator 400 E, William Street Delaware, Ohio 43015 City of Dublin Attn: Paul Hammersmith, P.E. Director ofEngineering/City Engineer 5800 Shier-Rings Road Dublin, Ohio 43016 8.9 Any person executing this Agreement in a representative capacity hereby warrants that he/she has been duly authorized by his/her principle to execute this Agreement on such principle's behalf. 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 BY: Jolene M. Molitoris, Director DATE: CITY OF DUBLIN, OHIO BY: terry Foegler, City Manager DATE: Page 5 of 6 Attachment 1 Station Side Code Inches) Station Side Code ~ ches) State R oute 161 State Route 1b1 21+56 Ri ht RZ-1 24x30 32+32 Center R6-1R 36x12 25+36 Center R4-7 24x30 32+32 Center W1-8 18x24 26+02 Center R6-2R 24x30 32+32 Center W1-8 18x24 26+60 Ri ht W2-6 30x30 32+74 Center R6-1R 36x12 26+60 Ri ht W 16-12P 30x24 32+74 Center W 1-8 18x24 26+60 Ri ht W13-1 24x30 32+74 Center W1-8 18x24 27+70 Left R2-1 24x30 33+02 Center R6-1R 36x12 28+20 Ri ht R6-2R 24x30 33+02 Center W 1-8 18x24 28+65 Ri ht D3-1 Mod 54x12 33+OZ Center Wl-8 18x24 28+65 Ri ht S ecial 36x30 33+41 Center S ecial 30x12 29+66 Left W4-2R 36x36 33+44 Left R1-2 36x36x36 30+40 Ri ht S ecial 36x30 33+46 Center R1-2 36x36x36 30+95 Ri ht W11-2 30x30 33+46 Center Rl-2a Mod 24x18 30+95 Ri ht W16-7PL 24x12 33+46 Center R6-1R 24xI2 31+12 Left W11-2 30x30 35+12 Left S ecial 54x30 31+I2 Left W16-7PL 24x12 36+80 Center R6-2R 24x30 31+45 Ri ht Rl-2 36x36x36 37+29 Center R6-2R 24x30 31+50 Center S ecial 30x12 37+42 Center ___ ^R6-2R 24x30 31+55 Center 31+55 Center R1-2 R1-2a od 36x36x36 24x18 37+79 Left 39+78 Left Special W2-6 22$zbb 30x30 31+5 5 Center R6-1 R 24x 12 3 9+78 Left W 16-12P 3 0x24 32+11 Center R6-1 R 36x 12 39+78 Left W t 3-1 24x30 32+11 Center W1-8 18x24 Industrial Partcwa 32+11 Center Wl-8 18x24 { 12+09 Left Special ~~X~n Page 6 of 6 ~g0•~q 6•~ 6'-D• ~,: r, m r x n ~ ~ f ~ EIEC ~ 4" G ifi %W ~ OSTORM SEWER Q'•0' Q,,D. Q..p• _ au[ Luc cuE aArc t~ ~ f lGHTINf. rL:1A I ~ JF~.jj[ FL {Yg .1c1C ~~, J STA. 3T. 19, 55.0' LT. SRGI TYPE iC-Q.70, DESIO/ MD, q 3Y ARY CANT4EVEA SIPPDi1T DESILFED FDq EUTUlE 20' Y !' SI(il PA/El. CITY OF DUBLIN, OHIO UNI-161-12.99 T INOUSTRYIL PARKWAY O6-009-CiP CANTILEVER SIGN ELEVATION DETNLS