Resolution 20-24RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO Form 6301
Resolution No. 20-24 Passed ’
AUTHORIZING THE CITY MANAGER TO ENTER INTO
INTERGOVERNMENTAL AGREEMENT WITH THE FRANKLIN COUNTY
ENGINEERS OFFICE FOR THE EITERMAN ROAD 0.75 OVER SOUTH
FORK INDIAN RUN BRIDGE REPLACEMENT PROJECT
WHEREAS, the City of Dublin (the “City”) and Franklin County (the “County”)
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 and County have all identified that the Eiterman Road 0.75
over South Fork Indian Run Bridge is in need of replacement; and
WHEREAS, the County, through the County Engineer, and the City, through its
City Manager, do hereby mutually agree to cooperate in the planning, design,
and construction of a project to replace and widen the Eiterman Road 0.75 over
South Fork Indian Run Bridge; and
WHEREAS the City is 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 Eiterman Road
0.75 over South Fork Indian Run Bridge Replacement Project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
Delaware, Franklin and Union Counties, State of Ohio, a of the elected
members concurring, that:
Section 1. The City Manager is hereby authorized to execute the attached
Intergovernmental Agreement for the purpose of replacing the Eiterman Road
0.75 over South Fork Indian Run Bridge 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 22" day of April, 2024. LL A- —
Mayor - Presiding Officer
ATTEST: (Lh tad Clery of othe (
To: Members of Dublin City Council
From: Megan D. O’Callaghan, P.E., City Manager
Date: April 16, 2024
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Brian D. Gable, P.E., Director – Capital Projects
Re: Resolution 20-24 – Authorizing the City Manager to Enter into an
Intergovernmental Agreement with the Franklin County Engineers Office
for the Eiterman Road 0.75 over South Fork Indian Run Bridge
Replacement Project
Background
The Franklin County Engineers Office (FCEO), as part of their annual bridge inspections, identified the
Eiterman Road 0.75 Bridge over the South Fork Indian Run to be in need of replacement. As a result,
the FCEO programmed the Eiterman Road 0.75 Bridge for replacement (Project). The FCEO began
detailed design of this Project in 2021 and finalized the construction plans in 2023. Additionally in
2023, the FCEO decided to delay the Project due to funding constraints and make application to the
Ohio Public Works Commission (OPWC) for a grant to fund the Project. In August 2023, working
cooperatively with the City of Dublin (Dublin), the FCEO prepared and submitted the OPWC grant
application for the Project.
The Project scope included the full replacement and widening of the existing deteriorated bridge. The
widening is being performed as a result of Dublin’s long term plan to improve Eiterman Road to
include a left turn lane and pedestrian facilities on both sides of the roadway. The cost of the Project,
as detailed in the grant application, included engineering, construction administration, construction
and contingencies, and was estimated to be $1,020,082.
At that time, Dublin committed to providing up to a $280,000 contribution to the Project that would
improve the culvert under Eiterman Road and benefit the long term thoroughfare plan of Dublin.
Additionally, Dublin recognized a formal agreement would be needed with the FCEO if OPWC funding
was awarded to the Project.
Summary
In March of 2024, 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 $414,446 and $138,149, respectively.
As a result of the award from OPWC, an Intergovernmental Agreement (Agreement) between FCEO
and Dublin is necessary. On September 15, 2023, the Franklin County Commissioners approved
Resolution No. 0619-20 authorizing the Franklin County Engineer to enter into the Agreement. More
recently, Dublin staff has been reviewing the Agreement and the associated funding contributions.
The Agreement includes an itemized Funding Summary for the Project as Exhibit B. While Dublin
originally committed to a contribution of $280,000 towards the Project, the OPWC award consisting of
both grant and loan funds has resulted in the Dublin contribution being decreased to $146,207. The
FCEO contribution toward the Project was originally $663,911 (cash and in-kind construction
administration). With the award consisting of a $138,149 loan, FCEO has agreed to repay the loan
resulting in their contribution now being $459,429.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Resolution 20-24 – Authorizing the City Manager to Enter into an Intergovernmental
Agreement with the Franklin County Engineers Office for the Eiterman Road 0.75 over South
Fork Indian Run Bridge Replacement Project
April 16, 2024
Page 2 of 2
The original Dublin contribution of $280,000 is budgeted in the 2024-2028 Capital Improvements
Program (CIP) for the Eiterman Road Culvert Replacement – Franklin County Engineer’s Office
(BC23C02). In Section 2 of the Agreement, as previously committed by Dublin before the OPWC grant
and loan, Dublin is contributing $66,587 to the FCEO towards the design services necessary to expand
the bridge to accommodate future roadway and pedestrian improvements. The contribution towards
the design services is in addition to the Dublin project contribution of $146,207. As a result, the total
of Dublin’s contributions toward the Project is $212,794.
The bid advertisement for the construction of the Project is expected to occur this fall with construction
to commence in June 2025 and be complete by the end of October 2025. Eiterman Road will be closed
for 120 days during the construction of the bridge replacement. The FCEO and Dublin will coordinate
and communicate this closure in advance using the typical and customary communication methods in
place by both FCEO and Dublin.
Recommendation
Staff recommends Council approve Resolution 20-24 authorizing the City Manager to Enter into an
Intergovernmental Agreement with the Franklin County Engineers Office, for the Eiterman Road 0.75
Over South Fork Indian Run Bridge Replacement Project.
Project Location Map
INTERGOVERNMENTAL AGREEMENT FOR THE EITERMAN ROAD 0.75 OVER SOUTH
FORK INDIAN RUN BRIDGE REPLACEMENT PROJECT
This Intergovernmental Agreement (“Agreement”) for the Eiterman Road 0.75 over South
Fork Indian Run Bridge Replacement Project (“Project”) is entered into by and between the City
of Dublin (“City”) and the Franklin County Engineer (“Franklin County”), 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 subdivision is 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 a cost savings and/or enhanced delivery of public
services; and
WHEREAS, Franklin County has identified that the Eiterman Road 0.75 over South Fork
Indian Run Bridge is in need of replacement as shown in the attached Exhibit A; and
WHEREAS, Franklin County, through the County Engineer, and the City, through its City
Manager, do hereby mutually agree to cooperate in the planning, design and construction of the
Project; and
WHEREAS, the City is ready, willing and able to contract with Franklin County on the terms
and conditions hereinafter set forth, to provide payment for a portion of the Project as identified
in Exhibit B; and
WHEREAS, the execution of this Agreement was authorized by Resolution 0619-20,
adopted by the Franklin County Board of Commissioners on September 15, 2023; and also by
Resolution 20-24, approved by the Dublin City Council on April 22, 2024; and
WHEREAS, the Ohio Public Works Commission (“OPWC”) has awarded funding for the
Project, which is beneficial to the Parties, and requires that the construction begin before June
30, 2025.
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 for review. The City will review
the plans within a reasonable amount of time and return comments to Franklin County.
Franklin County will coordinate with the City on any necessary permitting for the Project.
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2. Franklin County holds an agreement with Fishbeck, Inc. for a total of $221,956.00 to
design the Project. The City will contribute $66,587.00 to Franklin County towards this
agreement to design the expansion of the bridge to accommodate future roadway and
pedestrian improvements. Franklin County will provide an invoice to the City for this
contribution when the construction drawings have been approved.
3. Franklin County will develop the bidding package, bid the Project, award the contract,
manage the construction contract, and perform the construction inspection in coordination
with the City.
4. The Parties agree that the total estimated project cost for the Project is $1,020,082.00.
The estimated contribution per jurisdiction is depicted in the Funding Summary attached
as Exhibit B. In the event the actual project costs exceed $1,020,082.00, the parties
agree to execute appropriate modification of this Agreement. The OPWC grant will be split
proportionally between Franklin County and the City. The proportional grant amount will
be deducted from the total Dublin Cash Contribution. The proportions will be based on
the line items and unit costs in the final pay application from the contractor. Franklin
County will provide an invoice for 50% of the Dublin Cash Contribution within 15 days of
the preconstruction meeting. When the final construction costs have been determined,
Franklin County will provide an invoice and corresponding proof of costs, and request
payment for the balance of the costs due from the City.
5. Following issuance of the Notice of Substantial Completion by Franklin County, the City
will accept, as City-owned infrastructure and for perpetual maintenance and
repair/replacement, all of the Project improvement elements constructed in the City’s
right-of-way except for the Eiterman Road 0.75 over South Fork Indian Run Bridge, and
the following elements associated with the bridge: pedestrian rail/fencing, stone veneer
on the headwall and wingwalls, and landscaping. The City will be permitted to inspect the
improvements per its Code to ensure satisfaction before acceptance.
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 improvements elements constructed for the
Eiterman Road 0.75 over South Fork Indian Run Bridge except where otherwise specified
herein.
7. The complete closure of Eiterman Road shall not exceed a duration of 120 calendar days.
Liquidated damages will be charged to the contractor for exceeding this duration.
8. All Work provided under this Agreement shall be completed on or before the substantial
completion date specified in the bid documents.
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9. The anticipated bid opening date and the anticipated substantial completion date are not
yet determined but will be coordinated with the City prior to advertisement.
10. 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.
11. This Agreement does not in any way limit any power or function of either Franklin County
or the City with respect to any such functions being performed under this Agreement by
the other political subdivision.
12. 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.
13. 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.
14. 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
the City’s final payment to Franklin County; provided, however, that either 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.
15. 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.
16. 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.
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17. 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:
Bridge Engineer
Franklin County Engineer’s Office
970 Dublin Road
Columbus, Ohio 43215
If to the City of Dublin:
Director of Engineering/City Engineer
City of Dublin, Ohio
6555 Shier Rings 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 dates indicated below.
FRANKLIN COUNTY
By: __________________________ Date: ________
Brad Foster, P.E., P.S.
Franklin County Engineer
CITY OF DUBLIN
By: __________________________ Date: ________
Megan O’Callaghan, P.E.
City Manager
APPROVED AS TO FORM
___________________________
Philip K. Hartmann
Law Director, City of Dublin
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Exhibit A – Project Title Sheet
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EXHIBIT B – Funding Summary
Estimated Engineering $ 185,373
Estimated Construction Administration $ 55,000
Estimated Construction $ 779,709
Total Estimated Project Cost $ 1,020,082
Franklin County Construction Administration $ 55,000
Franklin County Loan Repayment $ 138,149
Franklin County Cash Contribution $ 266,280
City of Dublin Cash Contribution $ 146,207
OPWC Grant $ 414,446
Total Estimated Project Funding $ 1,020,082