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HomeMy WebLinkAboutResolution 57-13RECORD OF RESOLUTIONS Inc. F— M. 30065 57 -13 P,z,.se�l 20 Resolution No A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT DUBLIN ROAD AND GLICK ROAD WHEREAS, representatives from Shawnee Hills, Delaware County and the Ohio Department of Transportation have been consulted for input on the potential improvement of the intersection at Dublin Road and Glick Road ("the Intersection Improvements'); and WHEREAS, funding for the Intersection Improvements will come from a variety of sources; and WHEREAS, the preliminary funding structure for financing the Intersection Improvements is as follows: Source Amount Village of Shawnee Hills $50,000 City of Dublin $550,000 Delaware County $100,000 OPWC Grant $500,000 OPWC Loan $250,000 ODOT $150,000 Total: $1,600,000 WHEREAS, Dublin and Shawnee Hills desire to enter into an Agreement to document each entity's specific obligations. NOW, THE¢EFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, _(, of the elected members concurring that: Smfflonl Council hereby authorizes the City Manager to enter into the attached Cooperative Agreement and any other related documents necessary for the Construction of Intersection Improvements at Dublin Road and Glick Road. Section2 This resolution shall take effect immediately upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this day of 2013. Mayor —, r iding Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager N4- Paul Hammersmith, City Engineer Date: September 19, 2013 Summary Memo Re: Resolution 57 -13 - Cooperative Agreement related to the Glick Road /Dublin Road Intersection Improvement Project Engineering staff from the City of Dublin has been working with representatives from the Ohio Department of Transportation, the Delaware County Engineer's Office, and the Village of Shawnee Hills to advance the Glick Road /Dublin Road intersection improvement project (the Project). As Council may recall, the City had previously entered into an engineering design contract with W E Stilson, now known as GPD Design Group, to determine the right -of -way needed for the Project, provide the detailed design for construction, and an estimate for the cost of construction. As a result, we have been able to work with representatives from the above - referenced governmental entities to develop a funding plan for the Project. A copy of an August 7, 2013 letter to Shawnee Hills' Mayor Monahan that discussed the funding sources is attached for reference. The Village of Shawnee Hills will submit a grant and loan application to the Ohio Public Works Commission (OPWC) for the Project. They have been working with a consultant to assist them in the preparation of the application and our engineering staff will be available for review of the application as well. The OPWC grant request will be in the amount of $500,000, an increase from the $400,000 reflected in the attached letter, and the loan request will be in the amount of $250,000.The application deadline for submission is October 4. In the recently adopted 2014 -2018 Capital Improvements Program, $500,000 in funding for Dublin's share of the Project costs was programmed in 2014. In addition, the City has agreed to repay a 10 -year $250,000 no interest loan that will be requested from the OPWC. Revenues from the State Highway Fund will provide the funding to make the annual payments to retire the OPWC loan. Based on the design costs that have been funded by Dublin in the amount of $193,000, the $500,000 programmed in the CIP and the repayment of the $250,000 loan, the City will fund approximately 52% of the estimated project costs. The attached Resolution and Cooperative Agreement document the terms that have been agreed upon by Dublin, Shawnee Hills and the other entities. Shawnee Hills will enter into a separate agreement with Delaware County, and Shawnee Hills will execute any OPWC grant and loan documents as a result of being the jurisdiction that is making application to OPWC. We have received good feedback on the Project's chances of being awarded both the grant and the loan. Recommendation Staff recommends approval of Resolution 57 -13 at the September 23, 2013 City Council meeting. City of Dublin August 7, 2013 Village of Shawnee Hills Pat Monahan, Mayor 40 W. Reindeer Drive Shawnee Hills, Ohio 43065 Re: Intersection improvements at Dublin Road and Glick Road Pr xmd Funding Sb~ Dear Mayor Monahan: of ce of the CRY R was a pleasure to meet with you and Ed Swanson on June 11 and I appreciate you KaneW taking the time to discus the improvement project at the Dublin Road at Glick Road Dubl emer Parkway project p0 Village of Shawnee Hills and the Qty of oubtm, ohw 43017 intersection. This is Important to the Vil phase 614.410.4400 Dublin, as well as Delaware County. Cooperation between our Jurisdictions Is essential to the successful completion of the project. www.duNrK6 ousa.gov The Qty of Dublin has studied the intersection with Input from Shawnee Hills, Delaware County, and the Ohio Department of Transportation (ODOT) and a mutually agreeable solution has been chosen. To further the development of the project, the City entered Into a contract in March of 2010 with WE Stilson (now GPD Design Group) for $193,267.00 to advance detailed design. These construction drawings are approximately 50 percent complete. As we discussed at our meeting, funding for construction of this project has not been included in our adopted Five -Year Capital Improvement Program (CIP) for 2013 -2017. As part of our annual update, we will discus with Qty Council the potential programming of the construction for the project based on the funding strategy reflected on the following page. We will be meeting with Qty Council later this month and anticipate adoption of the 20142018 CIP in September. As discussed in the past, we understand that Shawnee Hills is pursuing an Ohio Public Works Common (OPWC) grant application to seek construction funding. The Qty understands this application Is due October 4, 2013 at 5:00 p.m. to Susan Spiker, Grants Coordinator /District 17 Uaison OPWC, Licking County Development, 20 South Second Street, Newark, OH 43055. The Qty appreciates this effort and Is willing to help with reviewing draft materials or providing Information needed to complete the application. As you are aware, a detailed funding strategy Is needed to complete the OPWC application. Based on our recent discussion, the funding structure reflected on the following page has been proposed by the parties. The total project cost of $1.5 million includes an estimated contingency amount of $250,000. Letter to Shawnee Hill: Dublin Road and Gick Road Ikon Proposed Funding Strategy Page 2 Source Amount Vilk of Shawnee Hills $50,000 of Dublin $550,000 Delaware County $100,000 OPWC Grant $400,000 OPWC Doan $250,000 ODOT $150,000 Total $1 Dublin understands from prior meetings that Shawnee Hills will pursue the donation of all necessary right -of -way. As a result;, no right-of -way costs are included as a project cost. Which entity secures the OPWC loan is yet to be determined, but the City is open to discussions regarding this matter. And finally, the City appreciates Shawnee Hills' ideas regarding spur roads in the northwest and southeast quadrants of the intersection, however, Dublin is not inclined to build additional pavement around the Morgan House or the Bogey inn. The qty believes the costs associated for any such improvements are best directed toward improving the Intersection. Thanks again for your cooperation and leadership advancing this project through its stages. Please let me know when you are available to disci this proposed funding strategy. Sim, Marsha Grigsby City Manager cc: Dublin City Council Ed Swanson, Shawnee Hills Robert Riley, PE, Delaware County Engineer Thom Slack, PE, ODOT District 6 Paul A. Hammersmith, PE, City of Dublin ]ean -Ellen Willis, PE, City of Dublin Cooperative Agreement for the Construction of Intersection Improvements at Dublin Road and Glick Road THIS COOPERATIVE AGREEMENT FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT DUBLIN ROAD AND GLICK ROAD (the "Agreement") dated ' 2013, by and between the CITY OF DUBLIN, OHIO ( "Dublin "), a municipal corporation duly organized and validly existing under the Constitution and laws of the State of Ohio (the "State ") and its Charter, and the VILLAGE OF SHAWNEE HILLS, OHIO ( " Shawnee Hills ", and collectively with Dublin, the "Parties "), also a municipal corporation duly organized and validly existing under the Constitution and laws of the State of Ohio and its Charter. WITNESSETH: WHEREAS, Dublin has consulted with representatives from Shawnee Hills, Delaware County and the Ohio Department of Transportation for input on the potential improvement of the intersection at Dublin Road and Glick Road ( "the Intersection Improvements "); WHEREAS, funding for the Intersection Improvements will come from a variety of sources; WHEREAS, the preliminary funding structure for financing the Intersection Improvements is as follows: Source Amount Village of Shawnee Hills $50,000 City of Dublin $550,000 Delaware County $100,000 OPWC Grant $400,000 OPWC Loan $250,000 ODOT $150,000 Total $1,500,000 WHEREAS, Dublin and Shawnee Hills desire to enter into an Agreement to document the specific obligations of each of these parties. NOW, THEREFORE, the Parties covenant, agree and obligate themselves as follows: I. Shawnee Hills covenants and agrees as follows: A. The Village of Shawnee Hills will work directly with affected property owners in an effort to procure by donation all right -of -way within the boundaries of Shawnee Hills necessary for completion of the Intersection Improvements. B. The Village of Shawnee Hills will file an Ohio Public Works Commission (OPWC) grant application to seek construction funding in the amount of $ $500,000. C. The Village of Shawnee Hills will file an OPWC loan request in the amount of $250,000. Dublin agrees to repay that loan as long as all of the commitments in this Agreement are satisfied. D. The Village of Shawnee Hills will contribute $50,000 to the Intersection Improvements. II. Dublin covenants and agrees as follows: A. Dublin will work directly with affected property owners and seek the donation of all right -of -way for properties within the corporate boundaries of the City necessary for completion of the Intersection Improvements. The City reserves the right to terminate this Agreement if the City cannot obtain the right -of -way with terms acceptable to the City or if Shawnee Hills cannot obtain the right -of -way within the boundaries of Shawnee Hill with terms acceptable to the City. B. Dublin will repay the loan obtained by Shawnee Hills from the OPWC as long as the commitments in this Agreement are satisfied and funding from the other governmental jurisdictions as referenced in this Agreement are received. C. The City of Dublin will contribute up to $550,000 to the Intersection Improvements. III. Termination. This Agreement shall commence on execution and terminate once all obligations under the Agreement are satisfied. Alternatively, Dublin may terminate this Agreement upon 30 days' written notice if the right -of -way necessary for completion of the intersection improvements is not acquired under terms deemed acceptable by Dublin or if Shawnee Hills is unsuccessful in obtaining either the OPWC grant or the OPWC loan. IV. Miscellaneous. A. Notices Except as otherwise specifically set forth in this Agreement, and notices, demands, requests, consents or approvals given, required or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if actually received or if hand - delivered or sent by recognized, overnight delivery service or 2 by certified mail, postage prepaid and return receipt requested, addressed to the other Party at the address set forth in this Agreement or any addendum to or counterpart of this Agreement, or to such other address as the recipient shall have previously notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by certified mail, in which event such notice shall be deemed to have been received when the return receipt is signed or refused. A duplicate copy of each notice, certificate, request or other communication given hereunder to Dublin or Shawnee Hills shall be given also to the others. The Parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificate, requests or other communications shall be sent. B. Extent of Provisions Regarding Dublin and Shawnee Hills; No Personal Liability No representation, warranty, covenant, agreement, obligation or stipulation contained in this Agreement shall be deemed to constitute a representation, warranty, covenant, agreement, obligation or stipulation of any present or future trustee, member, officer, agent or employee of Dublin or Shawnee Hills in an individual capacity, and to the extent authorized and permitted by applicable law, no official executing or approving Dublin or Shawnee Hills' participation in this Agreement shall be liable personally under this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. C. Binding, Effect This Agreement shall inure to the benefit of and shall be binding upon the Parties, and their respective permitted successors and assigns. The Parties will observe and perform faithfully at all times all covenants, agreements and obligations under this Agreement. D. Execution Counterparts This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same agreement. It shall not be necessary in proving this Agreement to produce or account for more than one of those counterparts. E. Severability In case any section or provision of this Agreement, or any covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, or any application thereof, is held to be illegal or invalid for any reason, that illegality or invalidity shall not affect the remainder hereof or thereof, any other section or provision hereof, or any other covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, all of which shall be construed and enforced as if the illegal or invalid portion were not contained herein or therein. F. Captions The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. G. Governing Law and Choice of Forum This Agreement shall be governed by and construed in accordance with the laws of the State. All claims, counterclaims, disputes and other matters in question between Dublin, its agents and employees, 3 and Shawnee Hills, its agents and employees, arising out of or relating to this Agreement or its breach will be decided in court of competent jurisdiction within the State. H. Survival of Representations and Warranties All representations and warranties of Shawnee Hills and Dublin in this Agreement shall survive the execution and delivery of this Agreement. IN WITNESS WHEREOF, Dublin and Shawnee Hills have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date first written above. CITY OF DUBLIN, OHIO L Printed: Title: Approved as to Form: By: Printed: Title: Law Director VILLAGE OF SHAWNEE HILLS, OHIO Printed: Title: I hereby approve the form and correctness of the foregoing contract , 20 Shawnee Hills Village Attorney 4