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TO AUTHORIZE THE MAYOR TO ENTER INTO LPA FEDERAL PROJECT AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION, FOR FRA 317-18.00, PID NUMBER 80811, ALSO KNOWN AS IMPROVEMENT OF INTERSECTION HAMILTON ROAD/GRANVILLE STREET/HAVENS CORNERS ROAD; AND TO DECLARE AN EMERGENCY.
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WHEREAS, the City has identified the need for the described project and must have preliminary legislation completed to proceed; and
WHEREAS, this project proposes to improve the intersection of Hamilton Road/Granville Street/Havens Corners Road in the City of Gahanna. Proposed work will include the addition of turn lanes on all approaches; access management application; signal timing and equipment upgrades; and pedestrian facility upgrades; and
WHEREAS, it is important and necessary that this agreement be executed in a timely manner in order to reach an orderly completion of this project due to continuing efforts to improve the overall intersection, and 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 Agreement with the OHIO DEPARTMENT OF TRANSPORTATION for FRA 317-18.00, PID Number 80811, also known as Improvement of Intersection Hamilton Road/Granville Street/Havens Corners Road; said Agreement attached hereto as EXHIBIT A.
Section 2. That being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described project.
Section 3. That 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;
The City agrees to assume and bear one hundred percent (100%) of the total costs of final design, right-of-way, and construction less the amount of federal and state funds set aside by the Director of Transportation;
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 4. 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 5. 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 6. The Mayor is hereby empowered on behalf of the City to enter into contracts with ODOT prequalified 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 the request of ODOT, the Mayor is also empowered to assign all rights, title, and interests of the City 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.
Section 7. 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 8. That, for the reasons set forth in the preamble hereinabove, this Ordinance shall be declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature of approval by the Mayor.