HomeMy WebLinkAboutResolution 28-24RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO Form 6301
Resolution No. ana Passed ’
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER OF
AGREEMENT WITH THE OHIO POWER COMPANY TO RELOCATE
ELECTRIC POLES FOR THE CONSTRUCTION OF THE RIVERSIDE
DRIVE WEST SHARED USE PATH PROJECT (22-019-CIP)
WHEREAS, the City of Dublin (“City”) is preparing to construct the Riverside Drive West
Shared Use Path Project, 22-019-CIP (“Project”); and
WHEREAS, as part of the Project, the City will be requiring certain existing Ohio Power
Company. (“AEP”) electric poles to be relocated; and
WHEREAS, the City and AEP participated in good faith discussions and have come to
mutually agreeable terms for the reimbursement costs associated with the relocation of
the existing electric poles; and
WHEREAS, the City desires to execute the Electric Pole Relocation Agreement to
ensure the Project remains on schedule; and
WHEREAS, the City has agreed to assume responsibility for a portion of the total costs
associated with the electric pole relocation totaling $91,902.78 as a portion of the AEP
Ohio electric facilities are currently located in an existing private easement, wholly
owned by AEP; and
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 enter into a Letter of Agreement
with the Ohio Power Company for the Riverside Drive West Shared Use Path Project, in
substantially the same form as attached to this Resolution.
Section 2. This 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 Dublin Revised Charter.
Passed this 3 day of June, 2024. Lh. A 3—
Mayor - Presiding Officer
Attest: (qb 2 hud Clerk/of HP Couns
To: Members of Dublin City Council
From: Megan D. O’Callaghan, P.E., City Manager
Date: May 28, 2024
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Brian D. Gable, P.E., Director - Capital Projects
Jared A. Groves, P.E., Civil Engineer II
Re: Resolution 28-24 – Authorizing the City Manager to Enter into a Letter of
Agreement with the Ohio Power Company as part of the Riverside Drive
West Shared Use Path Project, 22-019-CIP
Background
The Riverside Drive West Shared Use Path Project (Project) provides for 880 feet of shared use path
along the west side of Riverside Drive from Emerald Parkway to 7135 Riverside Drive (the Dublin Arts
Council Driveway). The Project will also construct a single span steel truss pedestrian bridge and new
curb and gutter along portions of Riverside Drive. An exhibit showing an illustration of the Project is
attached to this memo for reference. Council approved this Project as part of the 2024-2028 Capital
Improvements Program (CIP).
Summary
Staff has worked closely with the Ohio Power Company (AEP) on a Letter of Agreement
(Agreement), as attached for Council’s reference and information, to relocate AEP facilities along
Riverside Drive in order to construct the Project. The relocation of existing AEP poles is necessary
due to conflicts with the Project’s proposed path alignment.
As part of this Project, AEP must relocate five electric poles that are located along Riverside Drive. Of
the poles to be relocated, three are located within an existing private easement, wholly owned by
AEP. AEP will relocate their electric poles into newly acquired right-of-way.
The City of Dublin is responsible to reimburse AEP for relocating their facilities presently located
within private easements. Two relocated poles are outside of existing easements held by AEP and
are the financial responsibility of AEP to relocate.
The City of Dublin is responsible for the relocation of the remaining three existing poles, the
installation of 2 new poles, and associated work on existing poles not to be relocated. The estimated
cost to the City to perform this relocation work is $91,902.78. The total project cost is $105,578.68.
AEP requires advance deposit of these funds prior to performing their work.
Once the relocation is complete, AEP will verify and review the actual construction cost with the City
and then send the final billing to the City. If the actual cost of the relocation is more than the
amount deposited, AEP will be responsible for cost overruns.
AEP will not schedule their relocation work until after the Agreement is authorized and executed, and
the necessary right-of-way and utility easements are acquired. The proposed Agreement has been
reviewed and approved by the City’s Legal staff and agreed to by AEP.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614-410-4490 Memo
Resolution 28-24 – Authorizing the City Manager to Enter into a Letter of Agreement with the Ohio Power
Company as part of the Riverside Drive West Shared Use Path Project, 22-019-CIP
May 28, 2024
Page 2 of 2
Recommendation
Staff recommends approval of Resolution 28-24, authorizing the City Manager to enter into a Letter of
Agreement with the Ohio Power Company to advance and complete the necessary utility relocation
for the Project in order to allow the Project to remain on schedule and proceed to construction.
Letter of Agreement
22-019- Riverside Drive West Shared-Use Path (PPR# 700357)
This Letter of Agreement is entered into as of this __th day of ______, 2024 (the “Effective Date”),
between the City of Dublin, Ohio, an Ohio municipal corporation whose tax mailing address is 5555
Perimeter Drive, Dublin, Ohio 43017 (“the City”) and Ohio Power Company, an Ohio corporation
and a unit of American Electric Power whose primary place of business is located at 700 Morrison
Road, Gahanna, Ohio 43230 (“AEP Ohio”). The City or AEP Ohio may be referred to herein as “Party”
or collectively as “Parties.”
Background Information
The City of Dublin plans to install a Shared Used Path (“SUP”) along the west side of
Riverside Drive from Emerald Parkway to 7125 Riverside Dr, Dublin, OH 43016,
necessitating AEP Ohio overhead electric facility relocation.
The Parties have worked together to determine the scope of work to relocate the existing
overhead electric facilities, identified herein as “the Project” and illustrated in “Exhibit A”.
The total estimated cost of the Project is $105,578.68 and is detailed in “Exhibit B”.
AEP Ohio has identified existing easement rights for the overhead electric facilities along the
frontage of the Krumm property. These easements are included in “Exhibit C”.
The City will reimburse AEP Ohio an estimated $91,902.78 for the poles and wire located in
the Krumm property (Locations 2-6, 9-11), because of the existing easement rights.
Locations 1, 7, & 8 fall south of the Krumm property and are not considered reimbursable.
The estimated cost to relocate these facilities is $13,675.90.
Statement of Agreement
The parties hereto acknowledge the accuracy of the above background information and agree as
follows:
1. The Project: AEP Ohio shall proceed with the Project, pursuant to permit specifications. AEP
Ohio shall pay all expenses associated with the Project. The City will reimburse AEP Ohio
$91,902.78 which is the AEP Ohio cost to relocate poles within the Krumm property. AEP Ohio
shall present to the City all invoices and proof of payment of such invoices that are associated
with the Project.
2. Supervision of Contactors. AEP Ohio shall supervise the Contractors pursuant to the Project
contract with such Contractors. AEP Ohio shall regularly inspect the progress of the Project and
shall immediately notify the City if AEP Ohio determines that the design specifications for the
project are not being met.
3. Title to the AEP Ohio Work Facilities. Upon completion of the Project, AEP Ohio shall be the
owner of the Electric facilities installed by the project. It will be AEP Ohio’s responsibility to
ensure that any and all Contractors release any and all liens associated with the Project.
4. Cost Overruns. AEP Ohio shall be responsible for all cost increases. The City shall not be
responsible for any cost increases over the agreed upon total. Changes to the City’s costs will
only occur upon review and acceptance by the City in writing, executed by the parties hereto
and as they make reference to this Letter of Agreement.
5. Upon contract execution, the City agrees to pay AEP Ohio for the Project reimbursement which
is $91,902.78.
6. Jurisdiction. This Letter of Agreement shall be governed by the laws of Ohio. Any disputes
arising herein shall be adjudicated at the Court of Common Pleas of Franklin County, Ohio.
This Letter of Agreement is accepted by the parties hereto and executed as of the date set forth
above.
OHIO POWER COMPANY
By:
Title:
CITY OF DUBLIN, OHIO
By:
Title:
Approved as to Form:
_____________________________
Certificate of Availability of Funds
Distribution Design Manager
Exhibit A
8" SMP8" SMP8" SMP8" SMP0008505(379,110)65T A0008505(252,757)(103,306)(309,152)25T A(187,271)(196,602)25 A(021,059)25 C(062,238)(136,411)0008505(078,537)(197,604)25 A0008505(155,487)(274,835)(402,109)106 ft78 ft82 ft264 ft84
f
t 15'L20'L15'L232 ft181 ft161 ft111 ft184 ft189 ft153 ft123 ft20'L156 ft15'L, 20'L10'L3 - 556 AL 100°C (12.47kV)ABC & 4/0 AA (N)3 - 556 AL 100°C (12.47kV)ABC & 4/0 AA (N)RM: 3 - 556 AL 100°C(12.47kV) ABC & 4/0 AA (N)RM: 3 - 4 CU HD (12.47kV)ABC & 6 CU HD (N)RM: 3 - 2 AA 65°C(12.47kV) ABC & 2 AA (N)3 - 556 AL 100°C (12.47kV)ABC & 4/0 AA (N)RM: 3 - 2 AA 65°C(12.47kV) ABC & 2 AA (N)73 ft2x 3/8in EHS
107 ft3/8in EHS1 - 1/0 AL TTRIVERSIDE DREMERALD PKWY
24 ft2x 3/8
i
n
E
H
SAMERICANELECTRICPOWER
NSEWFeet100500
Exhibit B
RE 75-1
Revised 10/15/18
Utility Ohio Power Company
Street Address 700 Morrison Rd
Gahanna, OH 43230
Tax ID No.98-001134
Work Order No.
3/29/24
Original Estimate
A. Preliminary Engineering
1. Labor
a. Salaries and Wages
b. Fringe Benefits to Labor
c. Meals, Lodging and Travel
d. Subconsultant Engineering -$
2. Supplies
3. Transportation
4. Total Preliminary Engineering -$
B. Right of Way Acquisition
1. Property Costs -$
2. Labor
a. Salaries and Wages
b. Fringe Benefits to Labor
c. Meals, Lodging and Travel
d. Subcontracted Right of Way Acquisition -$
3. Supplies
4. Transportation
5. Total Property Costs -$
County (Counties)
Route No.
City, State, Zip Section
PRELIMINARY ESTIMATE
PID #
Date of Estimate
Estimate Version Name of Estimate Preparer Daniel Miller
C. Temporary Construction
1. Labor
a. Salaries and Wages
b. Fringe Benefits to Labor
c. Meals, Lodging and Travel
d. Subcontracted Construction -$
2. Material (Itemized)
a. New Stock Materials
b. Purchased Materials
c. Salvage
d. Material Handling Rate/Stores (Stock Materials Only)-$
3. Equipment
a. Utility Owned
b. Rented -$
4. Total Temporary Construction -$
D. Permanent Construction
1. Labor
a. Salaries and Wages
b. Fringe Benefits to Labor
c. Meals, Lodging and Travel
d. Subcontracted Construction 77,383.86$ 77,383.86$
2. Material (Itemized)
a. New Stock Materials 11,071.17$
b. Purchased Materials
c. Salvage
d. Material Handling Rate/Stores (Stock Materials Only)2,440.06$ 13,511.23$
3. Equipment
a. Utility Owned
b. Rented -$
4. Total Permanent Construction 90,895.09$
E. Construction Engineering and Inspection
1. Labor
a. Salaries and Wages
b. Fringe Benefits to Labor
c. Meals, Lodging and Travel
d. Subconsultant Engineering -$
2. Supplies
3. Transportation -$
4. Total Construction Engineering -$
F. Accounting/Billing
1. Labor
a. Salaries and Wages
b. Fringe Benefits to Labor
4. Total Accounting/Billing -$
G. General and Administrative Overhead
Allowable G&A Overhead in Accordance with 23 CFR 645.117(d) and 48 CFR 31.14,683.59$
H. Total Costs 105,578.68$
I. Less Betterment (Must be a credit balance)
J. Less Accrued Depreciation (Must be a credit balance)
K. Total Allowable Actual Cost per 23 CFR 645.117 105,578.68$
Total Units Relocated 12
Total Units Reimbursable to Utility 9
Percentage Utility Participation 12.95% 13,675.90
Percentage City of Dublin Participation 87.05% 91,902.78$
Estimated Utility Participation
Estimated City of Dublin Partcipation
Ohio Power Company - - - - Original Estimate as prepared by Daniel Miller.
Yes No
1. Will the Utility subcontract any portion of the relocation?a
Estimated Cost
80,788.68$
18,000$
6,790$
105,579$
Yes No
a
If yes, please detail the number of estimated overtime hours and associated overtime premium costs for the utility and each vendor.
OT Hours OT Premium Costs
- -$
2. Does this estimate include the use of overtime labor for the utility or
any subcontractor?
Utility/Subcontractor
TBD Traffic Control
Asplundh Vegetation
New River Electrical Installation of overhead facilites
Name of Subconsultant/Subcontractor Type of Work Performed
If yes, please complete the following and attach estimates provided by each listed subcontractor. If the subcontractor is under continuing
contract or agreement with the utility, please provide the agreement to support the estimated costs.
Name
Title
Phone #
Email
3/29/2024
Print Name(Authorization) Date
Signature of Acceptance of Estimate by Authorized Personnel
Brent Gates
Distribution Design Manager
614-883-6802
bmgates@aep.com
Authorizing Signature
(Please print and submit with other requested documentation)
(Utility Name - Print or Type)
Ohio Power Company
(Print or Type)
Exhibit C
Approx Boundaries
of Krumm Property
Based on 1933
Historical Mapping
& Last Deed of
Record (LDOR)
RIVERSIDE DRIVE WEST SHARED USE PATH PROJECT
(22-019-CIP)
ENGINEERING
June 3, 2024
AEP RELOCATION OVERVIEW