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51-10 ResolutionRECORD OF RESOLUTIONS Form No, 30065 Resolution No. 51 -10 Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION (ODOT) FOR INSTALLATION OF MEDIAN CABLE BARRIER ON US 33 FROM SR 161/POST ROAD IN UNION COUNTY TO I -270 IN FRANKLIN COUNTY WHEREAS, the Ohio Department of Transportation (ODOT) has identified the need to install median cable barrier on US -33 from SR- 161/Post Road in Union County to I -270 in Franklin County; and WHEREAS, Dublin hereby agrees to cooperate with the Director of Transportation of the State of Ohio in the planning, design and construction of the identified highway improvement project and grants consent to the Ohio Department of Transportation for its development and construction of the project in accordance with plans, specifications and estimates as approved by the Director; and WHEREAS, ODOT agrees to assume and bear one hundred percent (100 %) of the costs of preliminary engineering, right -of -way, and construction; and WHEREAS, Dublin agrees to assume and bear one hundred percent (100 %) of the total cost of those features requested by Dublin which are not necessary for the improvement as determined by the State and Federal Highway Administration; and WHEREAS, Dublin 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. Right - of -way costs include eligible utility costs. ODOT agrees to be responsible for all utility accommodation, relocation and reimbursement and agrees that all such accommodations, relocations, and reimbursements shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual; and WHEREAS, upon completion of the project, and unless otherwise agreed, ODOT shall: (1) provide adequate maintenance for the project, to include the repair and restoration of the improvement, in accordance with all applicable state and federal law, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial resources, as necessary, for the maintenance of the project. Upon completion of the project, and unless otherwise agreed, Dublin shall: (1) maintain the right -of -way, keeping it free of obstructions, and (2) hold said right -of -way inviolate for public highway purposes. NOW, YXEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. Being in the public interest, Dublin gives consent to the Director of Transportation to complete the above described project. Section 2. The City Manager be, and hereby is, authorized to enter into an agreement with ODOT for the purpose of median cable barrier installation on US33 from SR161/Post Road in Union County to I -270 in Franklin County. Section 3. This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this A day of 2010. Mayor — P si ing Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 CITY OF DUBLIN. Phone: 614 - 410 -4400 • Fax: 614 -410 -4490 Memo To: Members of Dublin City Council From: Marsha Grigsby, Interim City Manager Date: October 21, 2010 Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Jean -Ellen M. Willis, PE, Engineering Manager - Transportation Re: Resolution No. 51 -10 ODOT Consent Legislation — Median Cable Barrier Background The Ohio Department of Transportation (ODOT) has identified the need to install median cable barrier on US -33 from SR- 161 /Post Road in Union County to I -270 in Franklin County. Median cable barrier was first approved for use in Ohio in 2003 on I -75, between Cincinnati and Dayton. Since 2003, ODOT has installed about 275 miles of median cable barrier. Median cable barriers in Ohio are installed to prevent cross -over type median crashes. This barrier system helps "capture" vehicles to prevent them from traveling across the median into oncoming traffic or from bouncing back into traffic traveling the same direction. Locations where cable median barriers have been installed commonly see an increase in the total number of crashes involving the median. This increase results from motorists straying off the roadway and paved shoulder, and continuing into the median contacting the cable barrier before being able to attempt to regain control of their vehicle. However, these crashes are far less severe than the cross - median crashes that cable barrier prevents. Currently, median cable barrier is installed on I -270, from the I- 270 /US -33 /SR -161 interchange south through Hilliard. Prior to installation of the median cable barrier, the average number of cross -median fatalities was one per year. Since the installation of the cable barrier in 2004, no cross - median fatalities have occurred. However, the barrier is struck by vehicles approximately 44 times per year. All costs associated with the State's highway improvement project will be paid for one hundred percent (100 %) by ODOT. Any features requested by the City of Dublin, which are not necessary Res. 5 1 -10 - ODOT Consent Legislation — Median Cable Barrier October 21, 2010 Page 2 of 2 for the improvements, as determined by the State and Federal Highway Administration, will be paid for one hundred percent (100 %) by the City of Dublin. Staff has not requested any features be added at this time. As indicated in the legislation, upon completion of the median cable barrier installation, ODOT will be responsible for the on -going maintenance and repair of the median cable barrier. In particular, ODOT will be responsible for the re- tensioning and repair of the cable barrier after being damaged or disturbed by an accident or contact by a vehicle leaving the freeway. The City of Dublin will continue to perform the mowing, litter collection and removal, snow plowing and removal, and pavement marking maintenance along this segment of US -33 /SR -161. Recommendation Staff recommends Council approval of Resolution 51 -10 authorizing the City Manager to enter into an agreement between the City of Dublin and the Ohio Department of Transportation for the installation of a cable barrier in the median of US -33 from SR -161 /Post Road to the I- 270 /US- 33 /SR -161 interchange, in accordance with the legislation from ODOT. ID Number 87947 CERTIFICATE OF COPY STATE OF OHIO City of Dublin, Franklin County, Ohio I, , as Clerk of Council of the City of Dublin, Ohio, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the legislative Authority of the said City on the day of October, 2010, that the publication of such Resolution has been made and certified of record according to law; that no proceedings looking to a referendum upon such Resolution have been taken; and that such Resolution and certificate of publication thereof are of record in Resolution Record Number 51- 10. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, if applicable, this day of October, 2010. Clerk of Council (SEAL) (If Applicable) City of Dublin, Ohio. The aforegoing is accepted as a basis for proceeding with the project herein described. For the City of Dublin, Ohio Attest: Contractual Officer Date ++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ For the State of Ohio Attest: , Date Director, Oho Department of Transportation PRELIMINARY LEGISLATION Rev. 6/26/00 Ordinance Number PID Number 87947 MAD -70 -8.91 The following is an Ordinance enacted by the City of Dublin (City), Franklin County, Ohio, hereinafter referred to as the Local Public Agency (LPA), in the matter of the stated described project. SECTION I - Project Description WHEREAS, the STATE has identified the need for the described project: This project will install median cable barrier on US -33 from SR- 161 /Post Road in Union County to IR -270 in Franklin County. NOW THEREFORE, be it ordained by the City of Dublin, Ohio. SECTION II - Consent Statement Being in the public interest, the LPA gives consentto 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 City hereby agrees to cooperate with the Director of Transportation of the State of Ohio in the planning, design and construction of the identified highway improvement project and grants consent to the Ohio Department of Transportation for its development and construction of the project in accordance with plans, specifications and estimates as approved by the Director; ODOT agrees to assume and bear one hundred percent (100 %) of the costs of preliminary engineering, right -of -way, and construction. The City agrees to assume and bear one hundred percent (100 %) of the total cost of those features requested by the City which are not necessary for the improvement as determined by the State and Federal Highway Administration. SECTION IV - Utilities and Right -of -Way Statement 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. Right -of -way costs include eligible utility costs. ODOT agrees to be responsible for all utility accommodation, relocation and reimbursement and agrees that all such accommodations, relocations, and reimbursements shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual. SECTION V - Maintenance Upon completion of the project, and unless otherwise agreed, the ODOT shall: (1) provide adequate maintenance forthe project, to include repair and restoration of the improvement, in accordance with all applicable state and federal law, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial resources, as necessary, for the maintenance of the project; Upon completion of the project, and unless otherwise agreed, the LPA shall; (1) maintain the right -of- way, keeping it free of obstructions and litter, and (2) hold said right -of -way inviolate for public highway purposes. SECTION VI - Authority to Sign The City Manager of said City is hereby empowered on behalf of the City of Dublin to enter into contracts with the Director of Transportation necessary to complete the above described project. Passed: 1 2 (Date) Attested: Attested: (rifle) (President of Council) (Clerk) This Ordinance is hereby declared to be an emergency measure to 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. PID Number 87947 CERTIFICATE OF COPY STATE OF OHIO City of Dublin, Franklin County, Ohio I, , as Clerk of the City of Dublin, Ohio, do hereby certify that the foregoing is atrue and correct copy of the Ordinance adopted by the legislative Authority of the said City on the day of 1 2 , that the publication of such Ordinance has been made and certified of record according to law; that no proceedings looking to a referendum upon such Ordinance have been taken; and that such Ordinance and certificate of publication thereof are of record in Ordinance Record Number, Page IN WITNES S WHEREOF, I have hereunto subscribed my name and affixed my official seal, if applicable, this day of 1 2 Clerk (SEAL) (If Applicable) City of Dublin, Ohio. The aforegoing is accepted as a basis for proceeding with the project herein described. For the City of Dublin, Ohio Attest: Contractual Officer Date ++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ For the State of Ohio Attest: , Date Director, Ohio Department of Transportation