Label
TDOT061725CONSENTODOTWASHINGTONSAFETY
Engineering and Construction Management
Timothy Grosjean (x1344)
Revised
Title
Authorizing the Mayor to enter into and execute cooperative agreements between the City of Toledo and the State of Ohio, Department of Transportation (ODOT) and giving consent to ODOT to design and construct roadway improvements within the City of Toledo limits on Washington Street from 17th Street to Summit Street - PID No 123598; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Ohio Department of Transportation (ODOT) has a project to design and construct roadway improvements on Washington Street. Safety and speed management improvements along Washington Street from Summit Street to 17th Street within the City of Toledo will include lane optimizations throughout the corridor, dedicated single direction bike lanes, and a roundabout at Indiana Avenue, Washington, and 11th Street. ODOT will fund 100% of the costs up to $5,260,000. Any costs above that amount shall be paid for by the City of Toledo Matches and Planning fund.
The City of Toledo desires the State of Ohio, Director of Transportation, to proceed with the aforesaid highway improvements.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the City of Toledo gives consent to the State of Ohio, Director of Transportation, to complete the above described project and shall enter into an LPA Federal ODOT Let Project Agreement, if applicable, as well as any other agreements necessary to develop and construct the Project.
SECTION 2. That conditioned upon further Council action with respect to the expenditure of funds, the City of Toledo shall cooperate with the Director of Transportation in the development and construction of the above-described project as follows:
1) ODOT will fund 100% of the eligible project costs up to $5,260,000 in Federal (90%) and State (10%) Safety funds. The funds can be applied to the Preliminary Engineering, Detailed Design, Right-of-Way, and Construction of the project. The City agrees to participate in the cost of the project should the actual project costs exceed the ODOT funds.
2) The City of Toledo further agrees to pay 100% of the cost of those features requested by the city which are determined by the State and Federal Highway Administration to be unnecessary for the Project.
3) The City of Toledo further agrees that change orders and extra work contracts required to fulfill the construction contracts shall be processed as needed. The State shall not approve a change order or extra work contract until it first gives notice, in writing, to the City. The City shall contribute its share of the cost of these items in accordance with other sections herein.
4) The City of Toledo consents to having the State acquire all necessary rights of way for the subject project in the name of the City, if needed.
SECTION 3. That the Mayor is authorized to enter into and execute contracts with the ODOT Director of Transportation which are necessary to develop plans for and to complete the above-described project; and to execute contracts with ODOT pre-qualified consultants for the preliminary engineering phase of the Project.
Upon request of ODOT, the Mayor is also empowered to execute any appropriate documents to affect the assignment of all rights, title, and interests of the City of Toledo 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 4. The City 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. The City also understands that right-of-way costs include eligible utility costs.
The City of Toledo agrees that all utility accommodation, relocation and reimbursement will comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.
SECTION 5. Upon completion of the projects, and unless otherwise agreed, the City of Toledo shall:
1) Provide adequate maintenance for those portions of the project under the jurisdiction of the City of Toledo 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 provisions, as necessary, for the maintenance of those portions of the projects under its jurisdiction;
3) Maintain the right-of-way, keeping it free from obstructions; and,
4) Hold said right-of-way inviolate for public transportation purposes.
SECTION 6. That this Ordinance is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that this Ordinance is necessary for the immediate preservation of the public peace, health, safety, and property and for the further reason that this Ordinance must be immediately effective in order to expedite construction and promote highway safety as soon as possible.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council