HomeMy WebLinkAboutResolution 055-15C
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30M
Resolution No.
55 -15
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONDUIT CONSTRUCTION AGREEMENT
WITH THE OHIO BELL TELEPHONE COMPANY (AT &T)
FOR THE PURPOSES OF RELOCATING EXISTING
UNDERGROUND FACILITIES FROM ALONG EXISTING
RIVERSIDE DRIVE INTO REALIGNED RIVERSIDE DRIVE
WHEREAS, the City of Dublin's adopted 2015 -2019 Capital Improvements Program
includes SR 161 /Riverside Drive Roundabout (Er #0508), Riverside Drive Realignment
(Er #0104 & Er #1403), Scioto River Pedestrian Bridge (GR 31302) and Riverside Park
(GR #1303); and
WHEREAS, the City of Dublin has worked closely with AT &T, an Ohio Corporation, on
the non - compensable relocation of existing AT &T underground facilities along the east
side of Riverside Drive for the SR 161 /Riverside Drive Roundabout (Part 1) and Riverside
Drive Realignment (Part 2) and other Public Improvements Project (the "Project'; and
WHEREAS, AT &T has requested a new duct and manhole system within the limits of
the "Project" in order to minimize conflicts with future projects such as the planned park
and pedestrian bridge; and
WHEREAS, the City has agreed to construct AT &T's duct and manhole system with the
"Project "; and
WHEREAS, AT &T has agreed to reimburse the City for 100% of the costs associated
with constructing the AT &T duct and manhole system.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to enter into a Conduit Agreement
with AT &T for the construction of the AT &T duct and manhole system with AT &T
agreeing to reimburse the City one hundred percent (100 %) of the cost to build the new
AT &T facilities within realigned Riverside Drive, which is located within the City of Dublin,
in substantially the same form as attached, with changes not inconsistent with the
Resolution and not substantially adverse to the City and which shall be approved by the
City Manager and Director of Finance. The approval of changes thereto by those
officials, and their character as not being substantially adverse to the City, shall be
evidenced conclusively by their execution thereof.
Section 2. The City Manager, the Clerk of Council, the Director of Law, the Director of
Finance, or other appropriate officers of the City are hereby authorized to prepare and
sign all agreements and instruments and to take any other actions as may be
appropriate to implement this Resolution. The City Manager and the Director of Finance
are also authorized, for and in the name of the City, to execute any amendments to the
Conduit Agreement, which amendments are not inconsistent with the Resolution and not
substantially adverse to this City.
Section 3. This Resolution shall take effect upon adoption in accordance with Section
4.04(a) of the Revised Charter.
Passed this ��S_ day of 2015.
J
ayor - Presiding Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
Memo
To: Members of Dublin City Council
From: Dana L. McDaniel, City Man e
Date: June 26, 2015
Initiated By: Megan D. O'Callaghan, P.E., Director of Public Works
Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
Mandy K. Bishop, P.E., S.I., Bridge Street District Program Manager
Re: Resolution No. 55 -15 - Authorizing the City Manager to enter into a
Conduit Construction Agreement with The Ohio Bell Telephone
Company (AT &T) for the purposes of relocating existing underground
facilities from along existing Riverside Drive into realigned Riverside
Drive
Background
The City of Dublin's adopted 2015 -2019 Capital Improvements Program includes SR 161/ Riverside
Drive Roundabout (ET #0508), Riverside Drive Realignment (ET #0104 & ET #1403), Scioto River
Pedestrian Bridge (GR 31302) and Riverside Park (GR #1303). Staff has worked closely with AT &T,
an Ohio Corporation on the relocation of existing direct buried facilities along the east side of
Riverside Drive. See Figure 1 for the location of project.
Summary
AT &T facilities within the Riverside Drive right -of -way must be relocated for the SR 161 /Riverside
Drive Roundabout (Part 1) and Riverside Drive Realignment (Part 2) Project and Other Public
Improvements (the "Project'j. Staff previously notified AT &T that a permit will not be issued to install
AT &T facilities after the construction of the "Project" is completed. AT &T has decided to build a new
duct and manhole system to avoid future relocations for the future parks and the pedestrian bridge.
Since the location of the new duct and manhole system must be built within the boundaries of the
"Project ", staff required that this work be incorporated into the "Project" and built in coordination with
the roadway construction.
AT &T's most recent construction estimate for the duct and manhole system is approximately
$500,000. However, AT &T will reimburse the City one hundred - percent (100 %) of the actual change
order amount plus any cost overruns.
Res 55 15— Conduit Constructon Agreement with AT &T
June 26, 20 15
Page 2 of 2
LEGEND
_AT &T Proposed Duct&Manhole Tyrtem
S-- EXISTINGTOBE REMOVED
1 till
no
Figure 1'. AT&T Project Locafion
Recommendation
Staff recommends approval of Resolution 55 -15, audiorizing the City Managerto enter into a Conduit
Constitution Agreement with The Ohio Bell Telephone Company (AT &T) for the purposes of
relooting existing underground facilities from along existing Riverside EST iveinto realigned Riveside
Dive n conjunction with the SR 161 /Riverside Dive Roundabout (Part 1), Riverside Dive
Realignment (Part 2) and Other Public Improvements and in preparation for the Scioto River
Peadesh ian Bridge and Riverside Parks.
Conduit Construction Agreement
The Ohio Bell Telephone Company and the City of Dublin
This Agreement is entered into as of July__, 2015 (the "Effective Date "),
between The Ohio Bell Telephone Company, an Ohio corporation ( "AT &T ") and the
City of Dublin, Ohio, a political subdivision of the State of Ohio (the "City").
Background Information
A. The City has designed SR 161 / Riverside Drive Roundabout (Part 1) and
Riverside Drive Realignment (Part 2) Project (the "Project");
B. AT &T has requested a duct and manhole system within the limits of the
project in order to minimize conflicts with future projects such as the
planned park and pedestrian bridge ( "AT &T Work");
C. The City requested that AT &T participate in the Project as Part 3 of the
contract documents to eliminate potential coordination and financial delays
between the AT &T and City contractors;
D. The estimated cost of the AT &T Work is $450,000 (the "AT &T Work
Cost ");
E. The City will be responsible for coordinating the AT &T Work with AT &T
and the City's Contractor; and
F. The parties hereto desire to set forth the terms upon which AT &T will
reimburse the City for the AT &T Work Cost.
Statement of Agreement
The parties hereto acknowledge the accuracy of the above background information
and agree as follows:
1. The City will provide engineering, plant protection, labor, materials and supervision
necessary to protect, relocate and/or lower AT &T's Work as further described in Exhibit
A of this Agreement.
2. Deposit. Within sixty (60) days of a Contractor quote being accepted by AT &T and
the City, AT &T shall pay fifty percent (50 %) of the estimated change order amount with
the City of Dublin. Once the AT &T Work begins, AT &T shall pay to the City an additional
thirty percent (30 %) of the estimated change order amount. Upon AT &T's acceptance of
the AT &T Work, and the City providing the as -built drawings and an approved Pay
Request for the AT &T Work, AT &T shall pay to the City the remaining twenty percent
(20 %).
3. The Project. The City shall proceed with the AT &T Work as part of the "Project ",
pursuant to the AT &T Part 3 plans and specifications attached hereto as Exhibit A. The
City shall present all invoices to AT &T for approval and the City shall pay the Contractors
all expenses associated with the AT &T Work and shall present to AT &T all invoices and
proof of payment of such invoices that are associated with the AT &T Work.
4. Supervision of Contractors. The City shall supervise the Contractors pursuant to the
Project contracts with such Contractors. The City shall make the AT &T work available at
regular intervals for inspection and AT &T shall immediately notify the City if AT &T
determines that the design specifications for the AT &T Work are not being met.
5. Contractor Warranties. The City shall assign any warranties provided by the
Contractors for the AT &T Work to AT &T.
6. Title to the AT &T Work Facilities. Upon completion of the Project, the City shall
provide AT &T an approved Pay Request and a letter documenting ownership and AT &T
shall become the owner of the AT &T Work facilities. The City shall ensure that the
Contractors release any and all liens associated with the AT &T Work.
7. Cost Overruns. AT &T shall be responsible for any and all expenses related to
the AT &T Work that exceeds the change order amount. AT &T shall participate in
approving additional work and the City shall contact AT &T via Gary VanAlmsick to
coordinate approval at g:v2758,q att.com and 614 - 223 -7276. However, the City of Dublin
shall be the final authority for determining the acceptability of the request for additional
work. For additional costs, AT &T shall reimburse the City of all payments made by the
City that are associated with the AT &T Work within thirty (30) days of receipt of such
invoices.
8. The City (the "Indemnifying Party ") to the extent permitted by law shall indemnify,
defend and hold harmless AT &T (the "Indemnified Party ") from and against any and all
claims, demands, actions, losses, damages, assessments, charges, judgments, liabilities,
costs and expenses (including reasonable attorneys' fees and disbursements) that may from
time to time be asserted by third parties against the Indemnified Party because of any
personal injury, including death, to any person or loss of, physical damage to or loss of use
of real or tangible personal property, to the extent caused by the negligence or misconduct
of the Indemnifying Parry, its agents, employees or contractors. For purposes of
indemnifications set forth in this Agreement, "Indemnified Party" means AT &T, its
2
affiliates, subsidiaries, parent, successors and assigns and its and their employees,
directors, officers, agents, contractors and subcontractors. The Indemnified Party:
a. shall notify the Indemnifying Party in writing promptly upon learning of any
claim or suit for which indemnification may be sought, provided that failure to do
so shall have no effect except to the extent the Indemnifying Party is prejudiced
thereby;
b. shall have the right to participate in such defense or settlement with its own
counsel and at its own expense, but the Indemnifying Party shall have control of this
defense or settlement; and
C. shall reasonably cooperate with the defense.
10. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE
CONTRARY, EXCEPT AS PROVIDED IN SECTION 4, IN NO EVENT SHALL
EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL,
INCIDENTIAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL
DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING , BUT NOT
LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF
REPLACEMENT SERVICES, OR CLAIMS OF CUSTOMERS OR OF OTHER THIRD
PARTIES, OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE OR STRICT LIABILITY.
11. Insurance
a. With respect to each party's performance under this Agreement, and in addition to
each party's, obligations to indemnify as outlined herein, AT &T and the City shall:
i. maintain the minimum insurance coverages and limits required by this
Section:
1. at all times during the term of this Agreement and
until completion of all Work associated with this
Agreement, whichever is later;
ii. require the Contractor that may perform Work under this Agreement or enter
upon the AT &T Work site to maintain coverages as required by its agreement
with the City from the time the Contractor begins AT &T Work, throughout
the term of the Contractor's AT &T Work;
3
iii. procure the required insurance from an insurance company eligible to do
business in the State where AT &T Work will be performed and having and
maintaining a Financial Strength Rating of "A" or better and a Financial Size
Category of "VIII" or better, as rated in the A.M. Best Key Rating Guide for
Property and Casualty Insurance Companies, except that, in the case of
Workers' Compensation insurance, AT &T and the City may procure
insurance from the state fund of the state where AT &T Work is to be
performed; and
iv. deliver to the other parry, AT &T or the City, certificates of insurance stating
the types of insurance and policy limits, with a cancellation clause amended
to read as follows: "The issuing company will endeavor to provide at least
30 days advance written notice of cancellation or non - renewal to the
certificate holder ". AT &T and the City shall deliver such certificates:
1. prior to commencement of any AT &T Work;
2. prior to expiration of any insurance policy required in
this Section;
b. The insurance coverage required by this Section includes:
i. To the fullest extent allowable by law, the policy must include a waiver of
subrogation endorsed in favor of the other parry, AT &T or City, its Affiliates,
and their directors, officers and employees.
ii. Commercial General Liability insurance written on Insurance Services
Office (ISO) Form CG 00 01 10 01 or later, with minimum limits of:
$2,000,000 General Aggregate limit
$1,000,000 each occurrence limit for all bodily injury or property damage
incurred in any one (1) occurrence
$1,000,000 each occurrence limit for Personal Injury and Advertising Injury
$2,000,000 Products /Completed Operations Aggregate limit
$2,000,000 each occurrence limit for Products /Completed Operations
The total limit may be met with any combination of primary and
Umbrella/Excess Liability limits. The Commercial General Liability
insurance policy must:
1. be endorsed to include the other, AT &T or the City, , and
their respective directors, officers, and employees as
Additional Insureds. AT &T and the City shall provide a
copy of the Additional Insured endorsement to AT &T prior
to the AT &T Work being performed. A copy of the
4
Additional Insured endorsement must be provided at each
Commercial General Liability policy renewal;
2. include a waiver of subrogation endorsed in favor of the
other Party, AT &T or the City, and their respective
directors, officers, and employees; and
3. be primary and non - contributory with respect to any
insurance or self - insurance that is maintained by the other
Party.
iii. Automobile Liability insurance with minimum limits of $1,000,000
combined single limit per accident for bodily injury and property damage,
extending to all owned, hired, and non -owned vehicles.
12. Jurisdiction. This Letter of Agreement shall be governed by the laws of Ohio. Any
disputes arising herein shall be adjudicated at the Court of Common Pleas of Franklin
County, Ohio.
This Letter of Agreement is accepted by the parties hereto and executed as of the
date set forth above.
The Ohio Bell Telephone Company
CITY OF DUBLIN, OHIO
0127219.0608226 4826- 5285- 4309v1
5