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Resolution 15-24RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No15-24 Passed ’ AUTHORIZING THE CITY MANAGER TO ENTER INTO INTERGOVERNMENTAL AGREEMENT WITH THE FRANKLIN COUNTY ENGINEER AND THE DRAINAGE ENGINEER'S OFFICE, AND THE WASHINGTON TOWNSHIP BOARD OF TRUSTEES, FOR THE COSGRAY ROAD AND FAUST DITCH DRAINAGE IMPROVEMENT PROJECT WHEREAS, the City of Dublin (the “City”), Franklin County (the “County”), and Washington Township (the “Township”) acknowledge that in the spirit of intergovernmental cooperation, a regional approach to the provision of certain services will be considered when the means for such cooperative effort are available and result in cost savings and/or enhanced delivery of public services; and WHEREAS, the City, County and Township have all identified that the stormwater drainage system located along Cosgray Road (south of Amlin) and the open waterway named Faust Ditch (west of Cosgray Road) is in need of repair and replacement; and WHEREAS, the County, through the County Drainage Engineer, the City, through its City Manager, and the Township, through its Administrator, do hereby mutually agree to cooperate in the planning, design, and construction of a project to improve the drainage system and Faust Ditch; and WHEREAS the City and the Township are ready, willing, and able to contract with the County on the terms and conditions as set forth in an Intergovernmental Agreement attached hereto, and to provide payment for a portion of the Cosgray Road and Faust Ditch Drainage Improvement Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin and Union Counties, State of Ohio, ] __ of the elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the attached Intergovernmental Agreement for the purpose of improving the stormwater drainage system located along Cosgray Road (south of Amlin) and the open waterway named Faust Ditch (west of Cosgray Road) with changes not inconsistent with this Resolution and not substantially adverse to the City and which shall be approved by the City Manager. Section 2. Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Resolution without further legislation being required. Section 3. This Resolution shall take effect upon passage in accordance with Section 4.04(a) of the Revised Dublin Charter. Passed this 25" day of March, 2024. RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No,.___15-24 Passed Page 2 of 2 LL. A 2— Mayor - Presiding Officer ATTEST: Vaurme Woxwead Depitty Clérk of Council To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: March 19, 2024 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Re: Resolution 15-24 – Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Franklin County Engineer and the Drainage Engineer’s Office, and the Washington Township Board of Trustees, for the Cosgray Road and Faust Ditch Drainage Improvement Project Background At the time Cosgray Road, south of the Rings Road intersections in Amlin, was annexed to the City of Dublin (Dublin), both the roadway and associated stormwater drainage infrastructure became the maintenance responsibility of Dublin. The existing stormwater drainage infrastructure consists of 15- inch diameter clay tile located along the east side of Cosgray Road from Rings Road (east) to just south of 5275 Cosgray Road. The clay tile then extends west beneath Cosgray Road along the south side of 5275 Cosgray Road, and then outlets into the Faust Ditch. The Faust Ditch is located approximately 450 feet west of Cosgray Road and outlets into Hayden Run, which is tributary to the Scioto River. Over the past several years, the clay tile has deteriorated allowing debris accumulation and tree root intrusion in the interior of the tile causing blockages that either restrict or impede the flow of stormwater. This tile deterioration and resulting blockages have required routine and ongoing maintenance by Dublin. In 2020/2021, as a result of a deteriorated tile section, Dublin replaced a significant portion of the tile adjacent to 5275 Cosgray Road. Since this tile provides for the conveyance of stormwater runoff from Amlin, the blockages have resulted in localized flooding on properties within Amlin. As a result, over the past several years, Dublin has received numerous emails and phone calls from concerned residents regarding the stormwater drainage in Amlin and the Cosgray Road area. Through investigation and study of the tile, it has been determined by the Franklin County Engineers Office (FCEO) and Dublin that the tile needed to be programmed for replacement. Additionally, it was determined significant maintenance in the Faust Ditch was necessary to adequately convey stormwater to Hayden Run. In September 2022, working cooperatively with Dublin and Washington Township, the FCEO prepared and submitted an Ohio Public Works Commission (OPWC) grant application for the drainage improvements along Cosgray Road and in Faust Ditch (Project). The Project scope included the replacement of the existing deteriorated tile system along Cosgray Road with a fully functioning storm sewer system beginning at Rings Road (east) and extending south approximately 2,700 feet. The new storm sewers would consist of 30-inch, 36-inch and 42-inch diameter pipes outletting into Faust Ditch at 5275 Cosgray Road. Furthermore, the scope includes restoring and improving approximately 4,200 feet of Faust Ditch from the storm sewer outlet south to an existing culvert beneath Hayden Run Road (see the attached Cosgray Road and Faust Ditch Drainage Improvement exhibit). The cost of the Project as detailed in the grant application included engineering, construction administration, construction and contingencies, and was estimated to be $2,010,600. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo INTERGOVERNMENTAL AGREEMENT FOR COSGRAY ROAD AND FAUST DITCH DRAINAGE IMPROVEMENT PROJECT This Intergovernmental Agreement for the Cosgray Road and Faust Ditch Drainage Improvement Project (“Agreement”) is entered into by and between the City of Dublin and the Franklin County Engineer and the Drainage Engineer’s Office (“Franklin County”), and the Washington Township Board of Trustees (“Washington Township”), collectively the Parties. WHEREAS, Section 9.482 of the Ohio Revised Code permits a political subdivision to enter into agreements with other political subdivisions under which a contracting political subdivision agrees to exercise any power, perform any function, or render any service for another contracting recipient subdivision that the contracting recipient political subdivisions are otherwise legally authorized to exercise, perform or render, subject to the approval of their respective legislative authorities; and WHEREAS, the Parties acknowledge that in the spirit of intergovernmental cooperation, a regional approach to the provision of certain services will be considered when the means for such cooperative effort are available and result in cost savings and/or enhanced delivery of public services; and WHEREAS, Franklin County has identified that the drainage system along Cosgray Road and the open waterway named Faust Ditch is in need of repair and replacement as provided in the attached Exhibit A; WHEREAS, Franklin County, through the County Engineer, the City of Dublin, through its City Manager, and Washington Township, through its Administrator, do hereby mutually agree to cooperate in the planning, design, and construction of the project; and WHEREAS the City of Dublin and Washington Township are ready, willing, and able to contract with Franklin County on the terms and conditions hereinafter set forth, to provide payment for a portion of Cosgray Road and Faust Ditch Drainage Improvement Project as identified in the attached Exhibit A (the “Project”); and WHEREAS, the execution of this Intergovernmental Agreement was authorized by Resolution 0307-23, adopted by the Franklin County Board of Commissioners on April 25, 2023, and Resolution ___________, adopted by the Washington Township Board of Trustees on ______________, 2023, and Resolution No. ___________, passed by the City of Dublin on March 25, 2024; and WHEREAS, the Ohio Public Works Commission has awarded funding for the Project, which is beneficial to the Parties, and requires that the construction begin before June 30, 2024; and NOW, THEREFORE, in consideration of the above, the Parties have agreed as follows: 1. Franklin County will manage the design consultant contract. Franklin County will develop the construction drawings and provide them to the City of Dublin for review. The City of 2 Dublin will review the plans within a reasonable amount of time and return comments to Franklin County. Franklin County will coordinate with the City of Dublin on any necessary permitting for the project. 2. Franklin County holds an agreement with Arcadis, U.S., Inc., the consultant, for a total of $321,300.00 to design the Project. 3. Franklin County will develop the bidding package, bid the project, award the contract, manage the construction contract, and perform the construction inspection. 4. The parties agree that the estimated total construction cost for the Project is $2,137,300.00. The cost estimate per jurisdiction is depicted in the attached Exhibit B. In the event the actual costs exceed $2,137,300.00, the parties agree to execute an appropriate modification of this agreement. Franklin County will provide an invoice for 50% of the contribution amount within 15 days of the preconstruction meeting. When the final construction costs have been determined, Franklin County will provide an invoice for the balance of the costs due. 5. Following the issuance of the Notice of Substantial Completion by Franklin County, the City of Dublin will accept, as City-owned infrastructure and for perpetual maintenance and repair/replacement, all of the project improvement elements constructed in the City of Dublin’s right of way. The City of Dubin agrees to maintain any project improvement elements as the same may be annexed into the City of Dublin in the future. 6. Following issuance of the Notice of Substantial Completion by Franklin County, Franklin County will accept, as County-owned infrastructure and for perpetual maintenance and repair/replacement, all of the project improvement elements constructed for the Cosgray Road and Faust Ditch Drainage Improvement Project not currently incorporated into the City of Dublin or the City of Columbus, until such time as said infrastructure and project improvement elements are annexed into the City of Dublin and/or the City of Columbus. 7. All Work provided under this Agreement shall be completed on or before June 1, 2025. 8. The Parties are political subdivisions and are entitled to all the immunities and defenses provided by law. To the extent that Chapter 2744 of the Revised Code applies to the operation of a political subdivision, it applies to each Party that is subject to this Agreement and to its employees when they are rendering a service outside the boundaries of their respective Party under the Agreement. 9. This Agreement does not in any way limit any power or function of either Franklin County, Washington Township, or the City of Dublin with respect to any such functions being performed under this Agreement by the other political subdivision. 3 10. For employment relationship purposes, any provider of services shall be an employee of the political subdivision for which that employee is ordinarily employed and by whom such employee is paid. Such employee shall not be entitled to any additional compensation or employment benefits from the other political subdivision and no claim of joint employer status or liability shall be made on account of or arising from any incident in which a provider’s employee may be involved. 11. The Parties agree that records pertaining to this Agreement are subject to Section 149.43 of the Ohio Revised Code (the “Public Records Law”), to the extent permitted or required by law. The Parties agree to cooperate with respect to any public record request and any request of an authorized representative of the Auditor of the State of Ohio in connection with audits and inspections of financial reports or conduct audits. 12. The effective date of this Agreement shall be the latest date signed below and, except for the maintenance provisions contained in Paragraphs 5 and 6, above, shall terminate upon Washington Township’s and the City of Dublin’s final payment to Franklin County; provided, however, that any party may terminate this Agreement upon 30 days’ advance written notice to the other party, with the exception of the maintenance provisions contained in Paragraphs 5 and 6. Termination of this Agreement shall not relieve the non- providing party from paying for any and all services provided. 13. This Agreement may only be amended in writing signed by an authorized representative of each participating Party, and as authorized by their respective legislative authorities, if required. 14. The Party receiving services shall provide a Certificate of Funds or Purchase Order signed by that political subdivision’s fiscal officer, evidencing the appropriation of funds sufficient to cover the costs of the services to be provided. 15. Whenever notice is required in this Agreement, such notice shall be in writing and shall be deemed served when either delivered in person to the following designated agents for that purpose, or deposited in the United States Mail, by certified or registered mail, postage prepaid, return receipt requested, addressed to the other Party as follows: If to Franklin County Engineer’s Office: Drainage Engineer Franklin County Engineer’s Office 970 Dublin Road Columbus, Ohio 43215 If to the City of Dublin: Director of Engineering/City Engineer 4 City of Dublin 6555 Shier Rings Road Dublin, Ohio 43016 If to Washington Township: Township Administrator Washington Township 6200 Eiterman Road Dublin, Ohio 43016 or such other address as may be designated in writing by the Parties. This Agreement may be executed in multiple counterparts, including facsimiles or scanned copies, each of which shall be recognized as an original signature. IN WITNESS WHEREOF, the Parties, each by an authorized agent, have entered into this Intergovernmental Agreement on the date indicated above. FRANKLIN COUNTY Witness: ___________________ By: _______________________________ Brad Foster, P.E., P.S. Date: ______________________ Franklin County Engineer CITY OF DUBLIN Witness: ___________________ By:_________________________________ Megan D. O’Callaghan, P.E. Date: ______________________ City Manager WASHINGTON TOWNSHIP By: ________________________________ Eric Richter Township Administrator APPROVED AS TO FORM ___________________________ Law Director City of Dublin 5 Exhibit A – Project 6 EXHIBIT B – Cost Estimate Estimated Engineering $ 321,300 Estimated Construction Administration $ 110,000 Estimated Construction $1,551,000 Estimated Construction Contingency $ 155,000 Total Estimated Project Cost $2,137,300 Washington Township Cash Contribution $ 15,000 Franklin County Construction Administration $ 110,000 Franklin County Loan Repayment $ 360,000 Franklin County Cash Contribution $ 63,350 City of Dublin Cash Contribution $ 522,950 OPWC Grant $1,066,000 Total Estimated Project Funding $2,137,300 Resolution 15-24 – Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Franklin County Engineer and the Drainage Engineer’s Office, and the Washington Township Board of Trustees, for the Cosgray Road and Faust Ditch Drainage Improvement Project March 19, 2024 Page 2 of 2 At that time, Dublin anticipated providing up to a $265,000 contribution to the Project to improve the overall drainage system in the area. Washington Township committed $15,000 toward the Project recognizing they had previously funded an investigation and evaluation of the storm sewer system downstream of Amlin. Additionally, both Dublin and Washington Township recognized a formal agreement would be needed with the FCEO if OPWC funding was awarded to the Project. Summary In November of 2023, FCEO notified Dublin that OPWC had awarded funding for the Project. While the submitted application was solely for a grant, the award consisted of both a grant award and a loan award. The grant and loan from OPWC are $1,066,000 and $360,000, respectively. Since the time the funding application was submitted to OPWC in September 2022, the cost of the engineering design has increased and the estimated cost of construction was adjusted for inflation. Therefore, the updated estimated Project cost is now $2,137,300. As a result of the award from OPWC, an Intergovernmental Agreement (Agreement) between FCEO, Dublin and Washington Township is necessary. On December 12, 2023, the Board of Trustees for Washington Township approved a Resolution authorizing the Township Administrator to enter into the Agreement. More recently, Dublin staff has been reviewing the Agreement and the associated funding contributions. The Agreement includes an itemized cost estimate for the Project as Exhibit B. While Dublin originally anticipated a contribution of $265,000 towards the Project, the increase in the Project costs and the OPWC award consisting of both grant and loan funds has resulted in the Dublin contribution being increased to $522,950. The FCEO contribution toward the Project was originally $173,350 (cash and in- kind construction administration). With the award consisting of a $360,000 loan, FCEO has agreed to repay the loan resulting in their contribution now being $533,350. Recognizing that a significant portion of the Project is the replacement and upsizing of the storm sewer system along Cosgray Road, staff believes the increase in the Dublin contribution is acceptable and the Project continues to provide a financial benefit to Dublin considering the revised Dublin contribution is approximately 25 percent of the total Project cost. Funds for the Dublin contribution were not budgeted in either the 2023-2027 or 2024-2028 Capital Improvements Program (CIP) since it was not known if the grant application would be successful. At that time, staff believed the funding could be determined if and when an award from OPWC occurred. Funds in 2024 for the $552,950 Dublin contribution for this Project are available in the 2024-2028 CIP from the unencumbered and unallocated fund balance in the Capital Improvement tax fund. The work for the Project is expected to commence in March 2024 with necessary tree clearing. The construction of the ditch improvements will commence thereafter and is intended to be complete by May of this year. The construction of the storm system will commence once a gas line lowering occurs and is expected to commence by early in 2025. All work is to be completed on or before June 1, 2025. Recommendation Staff recommends Council approve Resolution 15-24 authorizing the City Manager to Enter into an Intergovernmental Agreement with the Franklin County Engineer and the Drainage Engineer’s Office, and the Washington Township Board of Trustees, for the Cosgray Road and Faust Ditch Drainage Improvement Project.