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HomeMy WebLinkAboutResolution 26-24RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No.__26-24 Passed ’ AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE FRANKLIN COUNTY ENGINEER’S OFFICE FOR THE DUBLIN ROAD SHARED USE PATH 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 efforts are available and result in cost savings and/or enhanced delivery of public services; and WHEREAS, the City and County have identified a need for pedestrian and bicycle accommodations along the Dublin Road Corridor from Quarry Trails Metro Park to Limestone Ridge Drive; 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 the Dublin Road shared use path 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 Dublin Road shared use path project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin and Union Counties, State of Ohio, “7___ of the elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the attached Intergovernmental Agreement for the purpose of cooperating with Franklin County in the planning, design and construction of the Dublin Road shared use path project 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 20 day of May, 2024. LAL P—~ Mayor - Presiding Officer ATTEST: /~" . / Ld. i) | Cl u Hj of Council     To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: May 14, 2024 Initiated By: Jean-Ellen Willis, P.E., Director of Transportation & Mobility Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Tina Wawszkiewicz, P.E., Deputy Director of Transportation & Mobility Re: Resolution 26-24 – Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Franklin County Engineer’s Office for the Dublin Road Shared Use Path Project Background In February 2023, the Mid-Ohio Regional Planning Commission (MORPC) awarded Attributable Funding to the Franklin County Engineer’s Office (FCEO) for a multi-jurisdictional project to construct a shared use path along Dublin Road between Limestone Ridge Drive in Dublin and the Quarry Trails Metro Park in Columbus (Project). The agencies participating in the project are Dublin, Columbus, Hilliard, and Franklin County. The award of $10,351,449 covers 80% of the total $12,939,311 estimated right-of-way and construction costs. Detailed design is not an eligible expense through Attributable Funding, and is therefore not included in the grant total. Local agencies will contribute to fund detailed design and the remaining 20% local match based on the length of the project within each jurisdiction. The Project creates cohesion for bicycles and pedestrians crossing jurisdictional boundaries 10 times within the 4.23 mile project limits. The path will extend Dublin’s existing bikeway system along the corridor from the northern corporation limit, through the core of Historic Dublin to and beyond the southern corporation limit. The total cost of the Project including detailed design, construction administration, and construction is estimated to be $14,841,209. Through the coordination of the joint application for MORPC Attributable Funding, Dublin committed to supporting the Project. Additionally, Dublin recognized a formal agreement is needed with the FCEO, since MORPC Attributable Funding was awarded to the Project. Summary FCEO is the lead agency on the MORPC Attributable Funding, and therefore an Intergovernmental Agreement (Agreement) between FCEO and Dublin is necessary. On June 13, 2023, the Franklin County Commissioners approved Resolution No. 454-23 authorizing the Franklin County Engineer to enter the Agreement. More recently, Dublin staff has been reviewing the Agreement and the associated funding contributions. The attached Agreement includes an itemized cost estimate for the Project and a funding summary as Exhibit B, and is shown in Tables 1 and 2 below. Franklin County will develop the bidding package, bid and award the project, manage the construction contract, and perform the construction inspection. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Resolution 26-24 – Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Franklin County Engineer’s Office for the Dublin Road Shared Use Path Project May 14, 2024 Page 2 of 3 Table 1. Estimated Cost for Right-of-Way and Construction Estimates Total MORPC Attributable Funding (80%) Local Match (20%) Detailed Design* $1,901,898 - $1,901,898 Attributable Funds Project Phase Right of Way $2,250,000 $1,800,000 $450,000 Construction $9,717,556 $7,774,045 $1,943,511 Construction Administration $971,755 $777,404 $194,351 Subtotal $12,939,311 $10,351,449 $2,587,862 Project Total $14,841,209 $10,351,449 $4,489,760 *Detailed design is locally funded, and therefore not included in Exhibit B. Table 2. Estimated Local Share Funding Breakdown** Jurisdiction Miles Split Detailed Design Right of Way Construction + Administration Total Local Amounts Franklin County Engineer 1.63 39% $741,740 $175,500 $833,766 $1,751,006 Hilliard 1.41 33% $627,626 $148,500 $705,495 $1,481,621 Columbus 0.65 15% $285,285 $67,500 $320,679 $673,464 Dublin 0.54 13% $247,247 $58,500 $277,922 $583,669 Total Estimate 4.23 100% $1,901,898 $450,000 $2,137,862 $4,489,760 **Costs are estimated. Actual share will be based on funding split percentage of actual costs. Dublin’s total contribution is estimated to be approximately $583,669. This includes 13% of the total Project design at $247,247; the 20% local match for the right-of-way acquisition within Dublin at $58,500; and the 20% local match for the construction and construction administration within Dublin at $277,922. Funds for the Dublin contribution were budgeted in the 2022-2026 Capital Improvements Program (CIP) for the Dublin Road Shared-Use Path, Frantz Road to Limestone Ridge Drive (ET183). The project was not advanced in the CIP while the regional funding was being coordinated and pursued. With the current funding award, the Dublin estimates and timeframes defined in the Agreement will be proposed in the upcoming 2025-2029 CIP. FCEO holds the detailed design agreement with GPD Group and will invoice at the beginning of each calendar year for the previous year’s design expenditures. The design process will include a feasibility study to determine the best side of the road to place the shared use path within Dublin. Right-of-way will be purchased under the Franklin County Commissioners and transferred to the City of Dublin at the completion of the Project, upon request of the City of Dublin. Utility relocation costs are not known that this time, but all costs associated with this work will be split between the funding partners based on the funding split percentages. Resolution 26-24 – Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Franklin County Engineer’s Office for the Dublin Road Shared Use Path Project May 14, 2024 Page 3 of 3 The Dublin construction contribution will be made in two installments. The first occurring after the bid is received by the FCEO and will reflect the actual costs of the bid items from the bid itself. The final payment will occur once final construction costs have been determined and finalized. Right-of-way acquisition is expected to occur in 2027 and construction is expected to begin in 2028, with completion in 2029. The FCEO and Dublin will coordinate and communicate the construction and traffic impacts using both entity’s typical and customary communication methods. Recommendation Staff recommends approval of Resolution 26-24 authorizing the City Manager to Enter into an Intergovernmental Agreement with the Franklin County Engineer’s Office for the Dublin Road Shared Use Path Project. Project Location Map INTERGOVERNMENTAL AGREEMENT FOR THE DUBLIN ROAD SHARED USE PATH IMPROVEMENT PROJECT This Intergovernmental Agreement (“Agreement”) for the Dublin Road Improvement Project is entered into by and between the City of Dublin 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, the Parties have identified a need for pedestrian and bicycle accommodations along the Dublin Road Corridor from Quarry Trails Metro Park to Limestone Ridge Drive (“Project”) as provided in the attached Exhibit A; WHEREAS, Franklin County, through the County Engineer, and the City of Dublin, through its City Manager, do hereby mutually agree to cooperate in the planning, design and construction of the project; and WHEREAS, the City of Dublin 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, Franklin County will acquire the Right-of-Way needed to complete the project and the City of Dublin agrees to contribute to Franklin County the cost for the Right-of-Way located within the City of Dublin’s jurisdiction, costs to be determined; and WHEREAS, the execution of this Intergovernmental Agreement was authorized by Resolution ______________________, adopted by the Dublin City Council on May 20, 2024 and Resolution No. 454-23, adopted by the Franklin County Board of Commissioners on June 13, 2023; 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 Cities of Dublin, Hilliard and Columbus (“Funding Partners”) for review. The Funding Partners will review the plans within a 2 reasonable amount of time (no more than 45 days) and return comments to Franklin County. Franklin County will coordinate with the Funding Partners on any necessary permitting for the project. 2.Franklin County holds an agreement with GPD Group for a total of $1,901,898 to design the Project. The City of Dublin will contribute 13% (currently estimated at $247,247) of the total design cost to Franklin County towards this design. Franklin County will provide an invoice to the City of Dublin at the beginning of each calendar year for the previous year’s design expenditures. A final invoice will be submitted for this contribution when the final construction drawings have been approved. 3.Franklin County will develop the Right-of-Way plans and manage the Right-of-Way acquisition for the Project. A total of $1,800,000 of federal grant funding has been awarded to the Right-of-Way phase. Right-of-Way located within the City of Dublin will be purchased in the name of the Franklin County Commissioners and transferred to the City of Dublin at the completion of the project, upon request of the City of Dublin. This funding requires a $450,000 local match. The City of Dublin will contribute 13% (currently estimated at $58,500) of the estimated total local share for Right-of-Way located within the City of Dublin, toward the local match requirement for the Right-of-Way phase. The cost estimate per jurisdiction is depicted in the attached Exhibit B. In the event the actual costs differ from those shown in Exhibit B, the parties agree to execute an appropriate modification of this agreement. Franklin County will provide an invoice to the City of Dublin following Right-of-Way certification by the Ohio Department of Transportation. 4.Franklin County will manage all public and private utility relocation needed for the Project. Utility relocation costs are not known that this time, but all costs associated with this work will be split between the Funding Partners based on the funding split percentages listed in Exhibit B. 5.Franklin County will develop the bidding package, bid the project, manage the construction contract, and perform the construction inspection. 6.The parties agree that the estimated total construction and inspection cost for the Project is $10,689,311. A total of $8,551,449 of federal grant funding has been awarded to the Construction phase for the Project. This funding requires a 20% local match. The City of Dublin will contribute 13% (currently estimated at $277,922), toward the local match requirement for the Construction phase. The cost estimate per jurisdiction is depicted in the attached Exhibit B. In the event the actual costs differ from those shown in Exhibit B, 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, 3 Franklin County will provide an invoice for the balance of the costs due. Any betterments or requested upgrades by the City of Dublin shall be paid by the City of Dublin. a.The City of Dublin may perform random inspections of the Project site at the City's expense. b.The City of Dublin reserves the right to review and approve submittals or shop drawings of any items that will be maintained by the City of Dublin. c.The City of Dublin shall be informed of any change orders or pay estimates which could increase funding required by the City of Dublin. 7.The City of Dublin shall be present at the final walk through and all of the punch list items shall be corrected before final acceptance. Following 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. 8.All Work provided under this Agreement shall be completed on or before December 31, 2029. 9.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. 10.This Agreement does not in any way limit any power or function of either Franklin County or the City of Dublin with respect to any such functions being performed under this Agreement by the other political subdivision. 11.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. 12.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. 4 13.The effective date of this Agreement shall be the latest date signed below and terminate upon the City of Dublin’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. Termination of this Agreement shall not relieve the non-providing party from paying for any and all services provided. 14.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. 15.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. 16.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: Mike Andrako, P.E., Mobility Engineer Franklin County Engineer’s Office 970 Dublin Road Columbus, Ohio 43215 If to the City of Dublin: Paul A. Hammersmith, P.E., 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. 5 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 By: _______________________________ Brad Foster, P.E., P.S. Franklin County Engineer CITY OF DUBLIN By:_________________________________ Megan O’Callaghan, P.E. City Manager APPROVED AS TO FORM ___________________________ Philip K. Hartmann Law Director, City of Dublin 6 Exhibit A – Project Dublin Rd SUP Location Exhibit I August 2023 Franklin County (1.63 mi - 39%) F I S H I N G E R R D Hilliard (1.41 mi - 33%)RIVERSIDE DR (US 33)H I L L I A R D -C E M E T E R Y R D SMILEY RDDUBLI N RDD A V I D S O N R D S C H I R T Z I N G E R R D H A Y D E N R U N R D Columbus (0.65 mi - 15%) Columbus Hilliard Upper Arlington D U B L IN R D QUARRY TRAILS DEVELOPMENT T H O B U R N R D Dublin (0.54 mi - 13%) Dublin LIMESTONE RIDGE DR FRANTZ RD 7 EXHIBIT B – Estimate Cost and Local Share Breakdown