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TO AUTHORIZE THE MAYOR TO ENTER INTO LPA REVISED COOPERATIVE AGREEMENT WITH OHIO DEPARTMENT OF TRANSPORTATION, TO IMPROVE THE INTERSECTION OF US 62 AND MORSE ROAD; IMPROVEMENT NO. 753; FRA-US62-26.34, PID NUMBER 22374; TO MODIFY ORD-0031-2001; TO NAME FRANKLIN COUNTY AS LEAD AGENCY FOR THIS PROJECT; AND TO DECLARE AN EMERGENCY.
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WHEREAS, this project proposes to improve the intersection of US 62 and Morse Road by realigning the intersection and constructing a roundabout; and
WHEREAS, ODOT will fund the construction of the US 62 structure and MORPC will fund construction for the balance of the roadway work; and
WHEREAS, by this ordinance the City is giving consent to the Director of Transportation to complete this project; and
WHEREAS, by this agreement, the City of Gahanna acknowledges that from this point that Franklin County will be the lead agency; and
WHEREAS, it is imperative to move forward with this project due to the current construction season, all for the preservation of the public peace, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That the Mayor is hereby authorized to enter into LPA revised Agreement with OHIO DEPARTMENT OF TRANSPORTATION FOR FRA-US62-26.34, PID Number 22374, for the improvement of the intersection of US 62 and Morse Road; said Agreement attached as EXHIBIT A.
Section 2. That the City agrees that Franklin County will act as the lead agency for the project;
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.
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 3. That the LPA agrees to acquire and/or make available to ODOT, in accordance with current State and Federal regulations, all necessary right of way required for the described project. The LPA also understands that right of way costs include eligible utility costs. The LPA 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 4. That 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 5. That the Mayor is hereby empowered on behalf of the City of Gahanna to enter into contract with ODOT pre-qualified consultants 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 request of ODOT, the Mayor is also empowered to assign all rights, title, and interests of the City of Gahanna to ODOT arising from any agreement with its 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.
Section 6. That ORD-0031-2001 is hereby modified so that the City of Gahanna shall not be the lead agency.
Section 7. That, for the reasons set forth in the preamble herein above, this ordinance is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.