Label
TDOT031125CONSENTODOTAWTBRIDGE
Engineering and Construction Management
Timothy Grosjean (x1344)
Revised
Title
Authorizing the Mayor to enter into and execute cooperative agreements with the State of Ohio, Department of Transportation (ODOT) and granting consent to ODOT to repair a bridge within the City of Toledo limits on the Anthony Wayne Trail over Swan Creek; and declaring an emergency
Body
SUMMARY & BACKGROUND:
The Ohio Department of Transportation (ODOT) has a project to repair a fire-damaged bridge on the Anthony Wayne Trail over Swan Creek. The bridge is identified as LUC-25-0837L. This Ordinance is required to allow ODOT to work on the repair to the damaged bridge within the City limits. This project will require temporary lane closures on the Anthony Wayne Trail during construction which is scheduled to begin in spring of 2025. There is no City of Toledo financial participation in this project.
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 hereby gives consent to the State of Ohio, Director of Transportation, to complete repairs to bridge LUC-25-0837L located on the Anthony Wayne Trail over Swan Creek.
SECTION 2. That the City of Toledo shall cooperate with the Director of Transportation in the development and construction of the above-described project as follows:
1) The State shall assume and bear 100% of the costs of the improvement.
2) The City of Toledo will assume and bear one hundred percent (100%) of the total cost of any features, requested by the City, that are not necessary for the project, as determined by the State and/or the Federal Highway Administration.
SECTION 3. The City of Toledo hereby authorizes the Mayor to enter into and execute contracts with the State of Ohio Director of Transportation which are necessary to develop plans for and to complete the above-described project; and to execute contracts with ODOT’s pre-qualified consultants for the preliminary engineering phase of the Project.
SECTION 4. 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 5. The City of Toledo 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 of Toledo also understands that right-of-way costs include eligible utility costs.
SECTION 6. 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 7. 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 8. That this Ordinance is hereby 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 11, nays 0.
Passed: March 25, 2025, as an emergency measure: yeas 11, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: March 26, 2025
Wade Kapszukiewicz
Mayor