HomeMy WebLinkAboutResolution 067-15RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No.
Passed 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENM
INTO A LETTER OF AGREEMENT WITH OHIO POWER COMPANY,
AN OHIO CORPORATION ( -AEP OHIO") FOR THE DESIGN AND
CONSTRUCTION OF AN AEP UNDERGROUND DUCT BANK AND
VAULT SYSTEM AS PART JOHN SHIELDS PARKWAY, PHASES 1
AND 2 PROJECTS AND LOCATED WITHIN THE CITY OF DUBLIN
WHEREAS, the City of Dublin's adopted 2015 -2019 Capital Improvements Program
includes the John Shields Parkway, Phase 1 and John Shields Parkway, Phase 2
projects; and
WHEREAS, the City of Dublin has worked closely with AEP Ohio to design and
construct an AEP underground duct bank and vault system located along the John
Shields Parkway, Phase 1 and Phase 2 projects from future Mooney Street to Village
Parkway which will serve future development adjacent to John Shields Parkway; and
WHEREAS, AEP Ohio has agreed to assume one hundred percent (100 %) of the
cost to design and construct an AEP underground duct bank and vault system in
conjunction with the John Shields Parkway, Phases 1 and 2 projects.
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 Letter of
Agreement with AEP Ohio for the reimbursement of one hundred percent (100 %) of
the cost to design and construct an AEP underground duct bank and vault system
located along the John Shields Parkway, Phases 1 and 2 projects, 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 Letter of 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 d�� day of 2015.
Mayor - Presiding Officer
ATTEST:
Clerk of Council
lc4ityof Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin Council
From: Dana L. �W4
'
Date: September 3, 2015
Memo
Initiated By: Megan O'Callaghan, PE, Director of Public Works
Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Mandy K. Bishop, PE, SI Bridge Street District Program Management Consultant
Re: Resolution No. 67 -15 - Authorizing the City Manager to enter into a
Letter of Agreement with Ohio Power Company for the Design and
Construction of an AEP Underground Duct Bank and Vault System, as
part of John Shields Parkway, Phases i and 2 Projects
Summary
The City of Dublin's adopted 2015- 2019 Capital Improvement Plan includes John Shields Parkway,
Phase 1 (TIF) (ET1408) and John Shields Parkway, Phase 2 (TIF) (ET1409). Staff has worked closely
with Ohio Power Company, an Ohio Corporation ("AEP Ohio'J on design and construction of an AEP
underground duct and vault system along the alignment of John Shields Parkway between future
Mooney Street and Village Parkway as shown in Figure 1, below. This AEP underground duct and
vault system will serve future development adjacent to John Shields Parkway.
Figure 1— Location of New AEP Duct Bank & Vault System
AEP Ohio will reimburse the City for 100 percent of the design and construction costs associated with
the underground duct and vault system incurred as a part of the John Shields Parkway, Phases 1 and
2 projects. Reimbursement will be based on actual expenses /costs incurred by the City associated
with the AEP Ohio work.
Res. 67 -15 - John Shields Parkway, AEP Ohio Reimbursement Agreement
September 3, 2015
Page 2of2
Actual costs for John Shields Parkway, Phase 1 are $36,300 for both design and construction.
The estimated cost of the AEP Ohio work associated with John Shields Parkway, Phase 2 is $615,000
for both design and construction. Actual costs will be determined no later than October 2016, and
the City will invoice AEP Ohio at that time.
The total estimated reimbursable costs associated with both projects are estimated to be $651,300.
Recommendation
Staff recommends approval of Resolution 67 -15, authorizing the City Manager to enter into a Letter of
Agreement with Ohio Power Company for the design and construction of an AEP underground duct
and vault system along the alignment of John Shields Parkway, Phases 1 and 2.
Letter of Agreement
This Letter of Agreement is entered into as of September , 2015 (the "Effective Date "), between
Ohio Power Company, an Ohio Corporation ( "AEP Ohio ") and the City of Dublin, Ohio, a political
subdivision of the State of Ohio (the "City ").
Background Information
1) The City has worked with AEP Ohio to determine new facility needs in both the John Shields
Parkway, Phase 1 and John Shields Parkway, Phase 2 (the "Projects ");
2) The City has closely coordinated both utility relocation needs and future expansion needs
with AEP Ohio and in the course of design and construction of all new roadway
infrastructure in the Bridge Street District;
3) In the course of planning for John Shields Parkway, Phases 1 and 2 AEP Ohio determined it
required a new duct and vault system to be located in John Shields Parkway to serve new
development anticipated to develop along the road. See attached Exhibit "A" for AEP Work
Location Map;
4) The City has coordinated the design and installation with (the "Projects ");
5) The City has incurred costs of $36,300 including $2,100 in design costs for John Shields
Parkway, Phase 1 and the City estimates costs of $615,000 including $15,000 in design costs
for John Shields Parkway, Phase 2. Total costs for both projects are estimated to be
$651,300;
6) AEP Ohio acknowledges that it is responsible for AEP Ohio Work costs associated with the
Projects as shown in Exhibit "A';
7) The parties hereto desire to set forth the terms upon which the AEP Ohio will reimburse the
City of Dublin for the AEP Ohio Work Cost.
Statement of Agreement
The parties hereto acknowledge the accuracy of the above background information and agree as
follows:
1. The Projects: The City shall proceed with the Projects, including the AEP Work, pursuant
to the plans and specifications included by referenced in John Shields Parkway, Phase 1 and John
Shields Parkway, Phase 2 projects. The City shall pay the Contractors all expenses associated
with the AEP Work and shall present to AEP Ohio all invoices and proof of payment of such
invoices that are associated with the AEP Work. AEP Ohio shall reimburse the City for all
payments made by the City that are associated with the AEP Work within thirty (30) days of
receipt of such invoices.
2. Supervision of Contactors. The City shall supervise the Contractors pursuant to the
Project contracts with such Contractors. AEP Ohio has regularly inspected the John Shields
Parkway, Phase 1 AEP Work and shall regularly inspect the progress of the AEP Work in Phase
2 and shall immediately notify the City if AEP Ohio determines that the design specifications for
the AEP Work are not being met.
3. Contractor Warranties. The City shall either assign any warranties provided by the
Contractors for the AEP Work to AEP Ohio or shall pursue recovery on AEP Ohio's behalf for
any breach of warranty associated with the AEP Ohio Work. AEP Ohio shall reimburse the City
for any attorney fees and expenses associated with the City's efforts to seek recovery for any
such warranty breaches.
4. Title to the AEP Ohio Work Facilities. Upon completion of the Project and AEP Ohio's
reimbursement to the City for the AEP Work, AEP Ohio shall become the owner of the AEP
Ohio Work facilities only. It will be AEP Ohio's responsibility to ensure that any and all
Contractors release any and all liens associated with the Dublin Work. Once AEP Ohio has
made final payment, the City will seek a lien waiver from AEP Ohio releasing the City shall
ensure that the Contractors release any and all liens associated with the AEP Ohio Work.
5. Cost Overruns. AEP Ohio shall not be responsible for any expenses relating to the AEP
Work that exceeds $651,300, unless AEP Ohio approves such cost increase in writing, executed
by the parties hereto and makes reference to this Letter of Agreement.
6. 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.
Ohio POWER COMPANY
C
CITY OF DUBLIN, Ohio
C
2
Exhibit °A"
AEP Work Location Map