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17-06 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blank, Inc.. Form No. 30045 Resolution No. 17 -06 Passed A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION (ODOT) FOR CONSTRUCTION OF IMPROVEMENTS TO THE US 33 /SR 161 /POST ROAD INTERCHANGE AND TO SR 161 (ODOT PID NUMBER 80748) 20 WHEREAS, the City of Dublin wishes 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 (ODOT) Director of Transportation have agreed to cooperatively plan, design and construct the identified transportation improvement projects. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. The City Manager is hereby authorized to enter into an Agreement with the ODOT for the purpose of constructing improvements to the US 33 /SR 161 /Post Rd interchange. Section 2. This resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this -&f� day of ar , 2006. Mayor - Presiding Officer Attest: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ruty Clerk of Council, Dublin, Ohio CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614 -410 -4400 • Fax: 614 -410 -4490 To: Members of City Council From: Jane S. Brautigam, City Manager(,c 6. Date: March 1, 2006 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Barbara A. Cox, P.E., Assistant Director of Engineering - Development Memo Re: Resolution 17 -06, Authorizing the City Manger to Enter into an Agreement with the Ohio Department of Transportation (ODOT) for Construction of Improvements to the US 33 /SR 161/Post Road Interchange and to SR 161 (ODOT PID Number 80748) Summary: In order to solidify our collaborative partnership with the Ohio Department of Transportation (ODOT) on the US 33 /SR 161 /Post Road interchange improvements, an agreement is needed between the two entities. Resolution 17 -06 will authorize the City Manager to enter into an agreement. Attached for your final review is a revised version of the agreement. Staff worked with ODOT legal counsel and the project expeditor to finalize the agreement. The previously outstanding issues have been resolved. The project limits have been simplified and a definition of the "pre -bid estimate" (the basis of the amount for the escrow account) has been added. Please find attached a copy of the letter from ODOT indicating that ODOT has waived the construction administration costs. Any reference to these costs has been removed from the agreement. Staff has been informed by ODOT that the City can establish an escrow account that can be interest bearing and that the City will be credited the interest. Also, the contact information for ODOT in regards to the escrow account has been revised to reflect the correct person at District 6. In regards to an inquiry at the last Council meeting, staff has discussed the cellular communications tower issue with ODOT. Per ODOT, the Ohio Revised Code (ORC 5501.311 (E)) allows these types of facilities in the ODOT right -of -way. However, per the attached email, ODOT states that they would not do this without consulting with the local jurisdiction. Recommendation: Staff recommends approval of Resolution 17 -06 authorizing the City Manager to enter into an agreement with the Ohio Department of Transportation (ODOT) for construction of improvements to the US 33 /SR 161 /Post Road interchange and to SR 161 (ODOT PID Number 80748). Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN- Phone: 614 -410 -4400 • Fax: 614 -410 -4490 To: Members of City Council From: Jane S. Brautigam, City Manager(J&" -s. S - -- Date: February 15, 2006 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Barbara A. Cox, P.E., Assistant Director of Engineering - Development Memo Re: Resolution 17 -06, Authorizing the City Manager to Enter into an Agreement with the Ohio Department of Transportation (ODOT) for Construction of Improvements to the US 33 /SR 161/Post Road Interchange and to SR 161 (ODOT PID Number 80748) Summary: In order to solidify our collaborative partnership with the Ohio Department of Transportation (ODOT) on the US 33 /SR 161/Post Road interchange improvements, an agreement is needed between the two entities. This resolution will authorize the City Manager to enter into an agreement. Attached for your review is a draft of the agreement. Staff is working with ODOT legal counsel and project expeditor to finalize the agreement. There are a few outstanding issues to be resolved which include clarifying the project limits, inclusion or exclusion of the inspection costs, the type of escrow account and basis for the amount for the escrow account. With regards to status of this project, we submitted the addendum to the Post Road at US 33 Interchange Study to ODOT for their review on January 27, 2006. We have had several discussions with them regarding their concerns on roadway geometry as described in the addendum. We are awaiting official written review comments on the addendum. In addition, our engineering consultant, Burgess and Niple, has been working diligently on the detailed construction plans for the interchange. They have submitted Stage 1 plans (30 % complete) to ODOT for review. Staff and Burgess and Niple have also been working with the Union County Engineer's office to finalize the alignment for relocated Industrial Parkway. Also, environmental, topographical and cultural surveys have been on going in the area of the proposed modifications to SR 161 and the interchange. The majority of this work is expected to be completed in the next month. Environmental and cultural reports have been submitted to ODOT for review and we are working on addressing comments. Recommendation: Staff recommends an introduction of Resolution 17 -06 at the February 21, 2006, Council meeting. Staff will bring finalized agreements and Resolution 17 -06 for approval at the March 6, 2006, Council meeting. ODOT AGREEMENT NO. /z ?(p AGREEMENT BETWEEN THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION, AND CITY OF DUBLIN FOR THE FUNDING, RECONSTRUCTION, AND MAINTENANCE OF THE U.S. ROUTE 33 AND STATE ROUTE 161 INTERCHANGE UNI -33- 24.87, PID 80748 THIS AGREEMENT is made between the State of Ohio, acting by and through the Director of Transportation, hereinafter referred to as ODOT, with an address of 1980 West Broad Street, Columbus, Ohio 43223 and the City of Dublin, hereinafter referred to as the CITY, with an address of 5200 Emerald Parkway, Dublin, OH 43017. 1. PURPOSE 1.1 Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the Revised Code do not prohibit the federal government, or any individual or corporation, from contributing a portion of the cost of the establishment, construction, reconstruction, relocating, widening, resurfacing, maintenance, and repair of the highways. 1.2 Section 9.13 of the Ohio Revised Code permits a municipal corporation to spend money on highway projects that are not within their municipal boundaries. 1.3 Section 5535.15(A) of the Ohio Revised Code, provides, in pertinent part, that a legislative authority of a municipal corporation may maintain, repair, construct, reconstruct, improve, or widen any section of a road under the control of the state if the following apply: (1) The legislative authority of the municipal corporation proposing the project declares to the state the reasonable necessity of the construction or improvement. The declaration shall be by resolution or ordinance. A certified copy shall be sent to the director of transportation when a state highway is the subject of the proposal. (2) The documents, plans, reports, or other materials relating to the project comply with applicable design development criteria of the department of transportation and the federal highway administration, which compliance is determined by the director in the manner provided in section 5521.13 of the Revised Code; (3) The legislative authority of a municipal corporation proposing the project certifies to the state, in the resolution or ordinance required by division (A)(1) of this section, that all funds necessary to complete the project are available either privately or from the authority proposing the project. RECEIVED 1.4 Section 5521.13 of the Ohio Revised Code provides, in pertinent part: OCT 1 5 2007 FINANCE DEPT. (HIO26543.1 lConstruction Agreement Page 1 of 10 June 7, 2007 [W]henever a political subdivision submits to the director of transportation any documents, reports, plans, or other materials relating to a proposed highway improvement project on the state highway system or relating to a road construction or improvement in accordance with section 5535.15 of the Revised Code, the director shall review and approve such documents, reports, plans, or other materials within sixty days after the date of submission if all of the following apply: (1) The entire cost of the project is to be funded privately or by a local subdivision; (2) The documents, plans, reports, or other materials relating to the project comply with applicable design development criteria of the Ohio department of transportation and the federal highway administration. 1.5 The CITY has requested that ODOT consider, as a transportation objective, the reconstruction of an interchange and associated bridges, ramps, and approaching roadway sections outside the municipal boundaries of Dublin and located in Union County on US 33 and State Route 161, hereinafter referred to as the "PROJECT." L6 ODOT has agreed to let and administer the construction of the proposed PROJECT and the CITY has agreed to contribute all of the engineering costs and construction costs, including the cost of acquiring all necessary right -of -way and the cost of any utility relocations. 1.7 The relocation of Industrial Parkway and widening of SR 161, hereinafter referred to as the SUBPROJECT, is a necessary improvement in order to accommodate the proposed PROJECP. The CITY agrees to directly fund all engineering costs, right -of -way acquisition costs, and construction costs for the SUBPROJECT. ODOT consents to the SUBPROJECT as proposed by the City as it conforms to recommendations in a 2005 study by the Mid Ohio Regional Planning Commission, "The Northwest Outerbelt Study." 1.8 The purpose of this Agreement is to set forth the responsibilities of the parties with respect to the design, right -of -way acquisition, construction, and the financial obligations for the PROJECT, and the future maintenance of the bridge facilities and highway after construction of the PROJECT and SUBPROJECT. 2. SCOPE OF WORI{ 2.1 "Construction costs" means all costs associated with the construction of the Project, including, but not limited to, utility relocations, cost overruns and all change orders. "Engineering costs" mean all costs associated with the design and development of the construction documents for the PROJECT including cost overruns and contract modifications. "Right -of -way acquisition costs" mean all costs associated with the acquisition of all property needed to complete the PROJECT. 2.2 "Pre -bid estimate" means the cost estimate developed by the Oflice of Estimating in accordance with ODOT policy and procedure once the final plan package has been submitted to ODOT. (11102654$.1 )Construction Agreement Page 2 of 10 June 7, 2007 2.3 The "PROJECT" shall consist of an interchange reconstruction, bridge reconstruction and extension, and approach roadway work to the interchange including appropriate scheduling, lighting, traffic control, intersection control, maintenance of traffic, signing, and drainage. This work shall be in accordance with the amended Interchange Modification Study as reviewed and approved by ODOT on September 12, 2006. The PROJECT limits are described as: The approximate project limits for US 33: UNI 23.76 to FRA 0.52 The approximate project limits for SR 161: UNI 13.35 to UNI 13.73 The approximate project length for Post Road work: Station equation at Sta. 244 -1 -94.13 SR 161 = Sta. 45 +11.11 Post Road /Perimeter Drive Work performed from Sta. 45 +11.11 to Sta. 58 +00.00 Distance = 1288.89'= 0.24 miles. 2.4 The design phase of the PROJECT is anticipated to be completed by November 30, 2007. The right -of -way phase of the PROJECT is anticipated to be completed by August, 2008, with the construction phase of the PROJECT-anticipated to begin in approximately eighteen weeks after the completion and filing of the final construction plan package. 15 The relocation of Industrial Parkway and improvements to SR 161 (west of the PROJECT to Cosgray Road) are required to implement the approved interchange configuration at the PROJECT location. The parties agrce that the CPI'Y shall perform this work, which shall hereinafter be referred to as SUBPROJECT. 3. OBLIGATIONS OF THE CITY 3.1 The CITY agrees to directly fund all engineering costs and right -of -way acquisition costs for the PROJECT. 3.2 The CI'T'Y agrees to contribute all funds to ODOT for the construction of the PROJECT. If the CITY is unable, or unwilling, to fully fund the construction of the PROJECT, ODOT reserves the right to terminate this Agreement and the PROJECT at any time. 3.3 The CITY agrees to fund all aspects of the SUBPROJECT. If the CITY is unable, or unwilling, to fully fund the construction of the SUBPROJECT, ODOT reserves the right to revoke its consent to the SUBPROJECT at any time. ,1)02(}15 1 )Construction Agreement Page 3 of 10 June 7, 2007 3.4 The CITY agrees to apply for a right of way permit to perform the work associated with the SUBPROJECT. ODOT agrees to issue a right of way permit for the SUBPROJECT upon approval of the engineering design for the SUBPROJECT. 3.5 The CITY agrees to enter into a contract or contracts with an ODOT - prequalified consultant, who shall be engaged to design the PROJECT and SUBPROJECT and prepare the PROJECT's and SUBPROJECT's Plans and Specifications according to ODOT's Design Criteria, Standard Drawings, and Specifications in effect at the time of design. The PROJECT and SUBPROJECT Plans and Specifications include provisions for maintenance of traffic plan for each major phase of construction. 3.6 All right of way acquisition activities shall be performed by the CITY in accordance with State rules, policies and guidelines issued by ODOT. If existing and acquired right of way is required for this PROJECT and SUBPROJECT, the CITY shall certify that the right of way has been acquired in conformity with State laws, regulations, policies, and guidelines. As specified in ODOT's Real Estate Policy and Procedures Manual, Section 5202.01- II -(B), any CITY staff who performs any real estate functions shall be prequalified by the ODOT's Office of Real Estate. If the CITY does not have the qualified staff to perform any or all of the respective right of way functions, the CITY shall hire an ODOT Prequalified Consultant through a Qualifications Based Selection process. The CITY shall not hire the same consultant to perform both the appraisal and appraisal review functions. Appraisal review shall be performed by an independent staff or fee reviewer and shall be hired directly by the CITY. Likewise, a consultant hired to perform right of way acquisition work can not also perform both the relocation and relocation review functions. Relocation review shall be performed by an independent staff or fee reviewer. 3.7 If the CITY hires a prequalified consultant, the CITY shall be responsible for monitorin the consultant's activities and ensuring that the consultant is following all State laws, regulations, policies, and guidelines. 3.8 All relocation assistance activities shall be performed by the CITY in conformity with State laws and rules, policies and guidelines issued by ODOT. The CITY shall not hire a consultant to perform both the relocation and relocation review functions nor shall the CITY hire a sub - consultant for relocation and another sub - consultant for relocation review. Relocation review shall be performed by an independent staff or fee reviewer and shall be hired directly by the CITY. 39 The CITY shall provide the ODOT District Office with its certification that all right of way property rights necessary for the PROJECT are under the CITY's control, that such right of way has been cleared of all encroachments, and that utility facilities have been appropriately relocated or accounted for so as not to interfere with PROJECT construction activities. ODOT shall make use of the CITY "s Right of Way Certification, as well as evaluate the CITY's and /or consultant's performance of the PROJECT real estate activities, as appropriate. 3.10 The CITY agrees to follow all procedures described in the ODOT Utilities Manual. When applicable, the CITY shall enter into a utility relocation agreement with each utility 11iiwa5as.1 )Construction Agreement Page 4 of 10 Jame 7, 2007 prior to the letting of construction by ODOT. The CITY agrees to grant to any utility a reasonable easement to occupy CITY -owned property as needed. These requests may be for new easements or for replacement of existing easements in lands necessary for the PROJECT and SUBPROJECT. All necessary action on easements will be between the utility and CITY. Easements shall not be used for cellular communication tower locations. 3.11 The CITY shall coordinate the relocation of existing utility facilities, which relocation is necessitated by construction of the PROJECT and SUBPROJECT, at its expense, 3.12 The City shall be responsible for any necessary railroad coordination and agreements and shall be responsible for conducting any required public involvement events, for preparing all required documents, reports and other supporting materials needed for addressing applicable environmental assessment, for clearance responsibilities for the PROJECT and SUBPROJECT pursuant to the National Environmental Policy Act and related regulations, including the requirements of the National Historic Preservation Act, and for securing all necessary permits. 3.13 The CITY shall also donate any property that it currently owns and has been identified as necessary for the PROJECT and SUBPROJECT to the State of Ohio, for the use and benefit of the Department of Transportation. By signing this Agreement, ODOT agrees to refrain from using the donated property for cellular communications tower locations. The CITY knowingly waives its right to receive compensation equal to the fair market value of the property and agrees to acknowledge this waiver by executing a Waiver of Acquisition Requirements in the form designated by ODOT. 3.14 The CITY shall conduct environmental studies and mediation, title searches, prepare title reports, and perform all administrative tasks necessary to transfer title to all acquired and donated property to ODOT. The CITY shall prepare the deeds and /or easements in the form required by ODOT. The deeds may contain a reverter clause providing that the property shall revert back to the CITY if the PROJECT and SUBPROJECT fails to be constructed. Conveyance of any fee interest shall be by warranty deed or other property interest as determined by ODOT. Until the date the deeds are executed and title vests in ODOT and if the property is not already tax - exempt, the CITY shall be responsible for all taxes, together with any penalties and interest thereon, and all special assessments that are a lien on the date of transfer, both current and reassessed and whether due or to become due. If the property is not already tax - exempt on the date of transfer, the CITY shall also be responsible for all other unpaid real estate taxes not yet due for the year prior to the year in which the transfer occurs and a proration of such taxes through the date of the transfer for the year in which the transfer occurs based upon current tax year valuation. 3.15 The CITY shall cooperate with ODOT in obtaining the approval of the PROJECT and SUBPROJECT Plans and Specifications from all necessary parties. 3.16 The CITY will assume responsibility for all aspects of construction of the SUBPROJECT. The CITY shall obtain agreements with Union County to perform the n+io o , 15 T )Construction Agreement Page 5 of 10 June 7, 2007 SUBPROJECT. The CITY shall obtain a Right of Way Permit from MOT for the SUBPROJECT. 3.17 The CITY shall have one or more representatives in attendance at regularly scheduled progress meetings. The CITY shall be notified at least seven (7) days in advance of all meeting dates and times unless otherwise agreed to by the designated primary point of contact for ODOT. 3.18 The CITY shall name a primary point of contact for all PROJECT and SUBPROJECT related matters. This person is responsible for all communication regarding the PROJECT and SUBPROJECT. 4. OBLIGATIONS OF ODOT 4.1 ODOT agrees to proceed diligently with all stages of preparation and implementation of the PROJECT. ODOT shall not be obligated to proceed with construction of the PROJECT until such time as appropriate right -of -way clearance, environmental clearance, and necessary permits have been obtained. 4.2 MOT will assume responsibility for all aspects of construction of this PROJECT. MOT shall obtain Legislative Consent Agreements ( "CS -1 ") from all political subdivisions where such agreements are required. 4.3 MOT shall cooperate with the CITY in obtaining the approval of the PROJECT and SUBPROJECT Plans and Specifications from all necessary parties. 4.4 MOT shall review and approve all engineering designs and all studies and documentation needed to obtain environmental clearance for the PROJECT and SUBPROJECT. 4.5 ODOT will work with the utilities to provide necessary guidance for utility relocation. This may be new occupancy or the right to remain or relocate in the CITY's property or highway right of way. 4.6 ODOT shall assign a Project Coordinator who will schedule and attend progress meetings relevant to the PROJECT and SUBPROJECT. The Project Coordinator is responsible for all communication regarding the PROJECT and SUBPROJECT. 4.7 Unless otherwise agreed to by both parties in writing, ODOT will finalize project financial requests and documentation within nine (9) months of the opening of the new interchange configuration. 5. FUNDING n11026545.1 (Construction Agreement Page 6 of 10 10/1/2007 5.1 The CITY agrees to fund the PROJECT in accordance with the Funding Schedule established in the attached Exhibit A. 5.2 The CITY will fully fund the SUBPROJECT, including additional cost of change orders as approved by the CITY. The CITY agrees to issue debt to cover the cost of the SUBPROJECT. If the CITY is unable, or unwilling, to issue debt to fund the construction of the SUBPROJECT, ODOT reserves the right to terminate this Agreement and the SUBPROJECT 5.3 ODOT agrees to waive the construction administration fee costs normally associated with a Local Public Agency (LPA) project for the PROJECT 5.4 If change orders are necessary on the PROJECT, ODOT shall notify the CITY before the change order is approved and then invoice the CITY for the additional cost of such change orders. ODOT may directly invoice the CITY at the end of the PROJECT, depending on the amount of the change order(s). 5.5 The CITY agrees to issue debt to cover the cost of the PROJECT. Prior to the award of contract, the CITY agrees to advance the estimated expenditures as outline in Exhibit A. If the CITY is unable, or unwilling, to issue debt to fund the construction of the PROJECT, ODOT reserves the right to terminate this Agreement and the PROJECT at any time. 5.5 ODOT agrees that it will manage the funds contributed to the PROJECT by the CITY in a fiscally - responsible manner and shall use its best efforts to minimize any expenditures exceeding the estimated construction costs for the PROJECT. 6. PROJECT CONSTRUCTION AND MAINTENANCE 6.1 ODOT shall advertise the contract for bids for the PROJECT in accordance with Chapter 5525 of the Ohio Revised Code. In the event the bids come in at over 7% of the official engineer's estimate, ODOT shall notify the CITY and allow the CITY to participate in the Award Committee Meeting. The CITY shall not be obligated to fund more than the official engineer's estimate without written approval from the CITY. 6.3 The CITY shall advertise the contract for bids for the SUBPROJECT in accordance with applicable state law and regulations. 6.3 ODOT will assume responsibility for all aspects of the construction of this PROJECT. ODOT shall consult the CITY regarding change orders before they are approved by ODOT. ODOT is committed to receiving input from the CITY with respect to construction and change orders, however, it is understood and agreed that all construction decisions shall be at the sole discretion of the Director of Transportation and the decisions of the Director are final. ( II1020115 1 )Construction Agreement Page 7 of 10 10/1/2007 6.4 Since the PROJECT is outside of the municipal boundaries of the CITY, upon completion of the PROJF,CT all maintenance responsibility for the portions of U.S. Route 33 and State Route 161 involved in the PROJECT shall be the responsibility of ODOT as such portions are part of the state highway system, including the bridge structure. Maintenance of certain hardscaping and landscaping or aesthetic features such as highway lighting and landscaping shall be maintained by the CITY in accordance with the terms and conditions of separate landscape and lighting maintenance agreements. 6.5 Since the SUBPROJECT is outside of the municipal boundaries of the CITY, upon completion of the SUBPROJECT all maintenance responsibility for the portions of hndustrial Parkway and State Route 161 involved in the SUBPROJECT shall be the responsibility of ODOT or Union County. Maintenance of certain hardscaping and landscaping or aesthetic features such as highway fighting and landscaping shall be maintained by the CITY in accordance with the terms and conditions of separate landscape and fighting maintenance agreements 7. TERMINATION AND DEFAULT 7.1 ODOT expressly reserves the right to terminate this Agreement in the event of a default. In the event of a default, ODOT may terminate this Agreement and extinguish any and all obligations and liabilities on its part. As used in this paragraph, "default" means any other party's violation of any substantial term of this Agreement. A default shall be deemed to have occurred if the CITY refuses to fully fund the PROJECT as set forth in Funding Agreement attached as Exhibit A. 7.2 Unless otherwise set forth herein, this Agreement shall remain in full force and effect between the parties until the PROJECT and SUBPROJECT is completed as described in Paragraph 7.3. 7.3 This Agreement will terminate and the parties will be relieved of all further obligations under this Agreement upon the CITY's receipt of written notice from ODOT that all of the following events have occurred: a. the conveyance to ODOT or Union County of all rights, title, and interest to the PROJECT and SUBPROJECT, including the transfer of any real property needed for the PROJECT or SUBPROJECT; b. The CTTY's fulfillment of its obligations under this Agreement; and C. ODOT's fulfillment of its obligations under this Agreement. 8. GENERAL PROVISIONS 8.1 In the event a dispute arises regarding any payment terms and conditions contained in this Agreement, notification of such dispute shall be sent to the Director of the Ohio Department of Transportation and a designated representative of the CITY, in writing, In (110265$5 !Construction Agreement Page 8 of 10 10/1/2007 such notification, the disputing party shall present such evidence as may support its position. Within a reasonable time, the Director and a designated representative of the CITY shall review the facts and circumstances surrounding the dispute for the purpose of determination. Said dispute shall be resolved within a reasonable period of time. Disputes regarding design or construction decisions, however, shall be resolved exclusively by the Director of Transportation. 8.2 It is expressly understood by the parties that none of the rights, duties, and obligations described in this Agreement shall be binding on either party until all statutory provisions under the Ohio Revised Code, including but not limited to Section 126.07, have been complied with and until such time as all necessary funds are made available and forthcoming from the General Assembly or, in the event that federal funds are used, until such time that ODOT gives the CITY written notice that such funds have been made available to ODOT, by ODOT's funding source. 8.3 This Agreement constitutes the entire and integrated agreement between the Parties. Any change to the provisions of this Agreement shall be made by written amendment executed by all of the Parties. 8.4 All notices to be given under this Agreement shall be in writing and mailed by certified mail to: Ohio Department of Transportation District 6 Attn: Dave Mengerink 400 E. William Street Delaware, Ohio 43015 City of Dublin Attn: Paul A. Harmnersmith, PE Director of Engineering /City Engineer 5800 Shier -Rings Road Dublin, Ohio 43016 8.5 Neither this Agreement nor any rights, duties, or obligations described in it may be assigned by a Party without the prior express written consent of the other Parties. 8.6 This Agreement will be construed and interpreted and the rights of the Parties determined under the laws of the State of Ohio. 8.7 In accordance with Executive Order 2007 -015, the City, by signing this document, certifies: (1) it has reviewed and understands Executive Order 2007 -01S, (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 -OIS 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 Any person executing this Agreement in a representative capacity warrants that he or she has been duly authorized by his or her principal to execute this Agreement on such principal's behalf. niiozesas Construction Agreement Page 9 of 10 10/1/2007 IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the last date written below. THE STATE OF OHIO CITY OF DUBLIN, OHIO Depa e of Tra tion am s G. Beasley, PE, YS, Director Jane S. Brautigam�anager Date: ...... .... of.. /... ..................J Date: ©....� r...���.d. ?... APPR AS TO FORM y Attorney, City of Dublin (H1026545.1 )Construction Agreement Page 10 of 10 10/1/2007 EXHIBIT A FUNDING SCHEDULE 1. All costs associated with the construction of the Project shall be directly funded by the CITY. The estimated financial obligations of the CITY are set forth in Table 2.l .1 below: Table 2.1.1 - Cost Item Estimated Cost Preliminary Engineering $2,100,0 Construction $20,000,000.00 Right- of-way Total $6,000,000.00 $28,100,000.00 2. Prior to ODOT opening bids for all potential bidders, the CITY shall deposit (Initial Deposit) with ODOT twenty -five percent (25 %) of the official engineer's estimate. This Initial Deposit is due 14 days prior to the bid date. The parties agree that specific dates for remainder of the spend -down amounts will be established at the time of the release of the official engineer's estimate. The estimated amounts for the spend -down are established below in Table 2.3.1: Table 2.3.1- Sp end Down Schedule Date Funds Needed Initia Deposit (initial 25 %) $5,000,000 + 90 days - - - - - -- + 90 days -- $3,000,000 $3,000,000 * 90 days $3,000,000 1 90 days _ $2,000,000 + 9 0 days $2,000,000 + 90 days TotalT $2,000,00 $20,000,000 3. If the Project is ahead of schedule and monies are required to be spent down in advance of the dates established above, ODOT reserves the right to modify the spend down schedule. ODOT agrees to provide notices of the required acceleration within 30 days of needing such funds. ODOT will invoice the CITY, as circumstances dictate, provided the advancement of a scheduled spend down which would require payment in a prior calendar year is subject to an ordinance of the CITY authorizing such earlier payment. 4. If the Project is delayed or work does not progress at the anticipated pace and monies are not needed at the dates established above, the CITY reserves the right to request modification of the spend down schedule. ODOT shall review this request within two (2) weeks and advise the CITY of its finding needs for the Project. (111026549.1 (Schedule B Page I of 2 10/1/2007 5. In all instances, ODOT shall submit an invoice to the CITY approximately thirty (30) days in advance of the schedule spend down dates established above. 6. Within thirty (30) days offinalization and review of the Project costs, ODOT will reimburse the CITY for any funds received that exceed total costs. J IH02017 I !Schedule B Page 2 of 2 10/1/2007 O ob fo � F hr �F TX�� Ohio Department of Transportation District 6, 400 East William Street, Delaware, Ohio 43015 (740) 8;3 -8000 Fax (740) -533 -8093 February 21, 2006 Jane Brautigam Dublin City Manager 5200 Emerald Parkway Dublin, OH 43017 (--I -Y 4: 2op OF ENGIN MG p1�1S OF DUB0�1 Re: UNI -33 -24.89 (PID 80748) Construction Administration Fee Waiver Request Approval Dear Ms. Brautigam: Per an email from Julie Ray at ODOT Central Office dated February 13, 2006, the construction administration fee that would normally be assessed to a project administered by ODOT for a local public agency (LPA) has been waived. The City of Dublin was forwarded a copy of the email by me and is enclosed for your records. Should you have any questions or comments, please do not hesitate to contact me at 740 -833- 8022. Sincerely, Valerie Croasmun, P.E., AICP Planning and Programming Administrator ODOT District 6 Enclosure C: Mandy Kisling, ODOT District 6 Barb Cox, Dublin✓ Paul Hammersmith, Dublin File Julie To Jean Hannigan/Planning/DO6 /ODOT @ODOT Ray /BusinessMgmt/CEN/O DOT cc Jack Marchbanks /Administration/DO6 /ODOT @ODOT, Jean Hannigan /Planning/DO6 /ODOT @ODOT, Mandy 021130006 05:05 PM bcc Kisling/Planning/DO6 10DOT @ODOT, Valerie Subject Re: UNI - 33 - 24.89 (PID 80748) Construction Administration Fee Waiver Request[ All, have approved Valerie's request to waive the locals participation for Construction Administration ( C. E.). District six will cover at 100% and Ellis will reflect that. Logic behind the approval: Dublin is fully funding this project from PE though Construction. Julie Ray Deputy Director Finance and Forecasting julie.ray@dot.state.oh.us 1- 614 -466 -2687 Jean Hannigan/Planning /D06 /ODOT Jean Hannigan/Planning /DO6 /OD To Julie Ray/BusinessMgmt/CEN /ODOT @ODOT OT cc Valerie Croasmun /Planning/DO6 /ODOT @ODOT, Mandy 02107/2006 09:15 AM IGsling/Planning/DO610DOT @ODOT, Jean Hannigan /Planning/D06 /ODOT @ODOT, Jack Marchbanks /Administration/DO6 /ODOT @ODOT Subject UNI - 33 - 24.89 (PID 80748) Construction Administration Fee Waiver Request Julie - Attached is an IOC and supporting documentation from Val requesting the waiver of the construction administration fee for the City of Dublin UNI -33 -24.89 project. I will be sending you the original IOC via the pony. Please contact Valerie directly at 740 - 833 -8022 with any questions or comments. Thank you W UNI 33 PID 80748 Con*uffm A&in Fee Waiver Requestpdf PS - How is your kid? Mine are grown and out of the house (at least for awhile) Jean Hannigan Administrative Assistant ODOT, District Six, Planning and Programs 400 E. William Street Delaware, Ohio 43015 740- 833- 8032(Voice) 614 - 887 -4639 (Fax) Page 1 of 1 Barb Cox - Deed Restrictions From: Mandy Kisling <Mandy.Kisling @dot.state.oh.us> To: <bcox @dublin.oh.us> Date: 2/28/06 9:59:43 AM Subject: Deed Restrictions CC: <mhemmerich @burnip.com >, <phammersmith @dublin.oh.us> Barb, John Maynard with our office spoke to Jim Viu in central office about the deed restrictions for both easements and fee simple ROW. Per ORC (I will look up section for you tomorrow but I think it's 5511.31) cell towers are a recognized use for ROW. However, we would never put a cell tower in without consulting the local agencies. I know that you would like some written guarantee regarding this issue; however, we will not be able to do this with deed restrictions. We can discuss approaching those at higher levels for a committment. but I am uncertain that this would guarantee something that is spelled out in the ORC. I recommend some very pretty landscaping that still MEETS ODOT requirements! I don't mean to make light of the situation but once you have established an interchange character and OSU and UMC and those that follow identify with that character the political pressure that would come from those entities would quash a cell tower if it were ever proposed. Mandy file: / /C: \Documents and Settings \coxba\Local Settings \Temp \GW }00001.HTM 3/1/2006