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AN ORDINANCE ENACTED BY THE CITY OF GROVEPORT, FRANKLIN COUNTY, OHIO, HEREINAFTER REFERRED TO AS THE LOCAL PUBLIC AGENCY (LPA), IN THE MATTER OF THE EXTENSION OF THE NORTHBOUND LEFT TURN LANE TO 600 FEET AT HAMILTON RD (SR 317) AND WILLIAMS RD PROJECT, ALONG WITH OTHER ASSOCIATED WORK AND THE DECLARATION OF AN EMERGENCY
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WHEREAS, the STATE has identified the need for the following project:
Extension of the northbound left turn lane to 600 feet at Hamilton Rd (SR 317) and Williams Rd, along with other associated work.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GROVEPORT, FRANKLIN COUNTY, OHIO, A MAJORITY OF ITS MEMBERS CONCURRING:
Section 1: That it being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described project.
Section 2: The LPA shall cooperate with the Director of Transportation in the above described project as follows:
The LPA agrees so contribute $21,000 towards construction of the Project.
The LPA further agrees to pay one hundred percent (100%) of the total cost of those features requested by the LPA which are determined by the State and Federal Highway Administration to be unnecessary for the Project.
The LPA 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 LPA. The LPA shall contribute its share of the costs of these items in accordance with other sections herein.
Section 3: Upon completion of the project, and unless otherwise agreed, the LPA shall: (1) provide adequate maintenance for the project 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 resources, as necessary, for the maintenance of the 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 4: The City Administrator of said LPA is hereby empowered on behalf of the City of Groveport to enter into contracts with the Director of Transportation necessary to complete the above described project. Upon the request of ODOT, the Contractual Agent is also empowered to assign all rights, title, and interests of the LPA to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages sue 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 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 needs to require, as a scope of services clause, that all plans prepared by the consultant must conform with 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 5: That this Ordinance is hereby deemed an emergency measure necessary for the preservation of the health, safety, and general welfare of the community to expedite the construction project(s) and to promote highway safety; WHEREFORE, this Ordinance shall be in full force and effect after passage by Council and signature of the Mayor.
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Lance Westcamp, Mayor
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Mindy Kay, Clerk of Council
Approved as to form:
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Kevin C. Shannon, Law Director