HomeMy WebLinkAboutResolution 011-15RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No, 30045
11 -15
Resolution No. _ _ Passed 0
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE CITY OF COLUMBUS
FOR WATER LINE LOCATING SERVICES FOR 2015
WHEREAS, the City of Dublin and the City of Columbus entered into a contract
for water service on April 13, 1993, pursuant to Ordinance 135 -92 passed by
Council on January 4, 1992; and
�I WHEREAS, the 2007 Community Plan encourages continued cooperative efforts
with the City of Columbus regarding the safe and efficient delivery of high quality
potable water to the community for consumption and fire protection; and
WHEREAS, the City of Columbus has requested that an additional contract
define the terms for providing water line locating services above and beyond
those in the 1993 Water Services Agreement; and
WHEREAS, the City of Dublin believes that the City of Columbus is the best
provider for waterline locating services; and
WHEREAS, these services will cease to performed by the City of Columbus on
April 30, 2015.
NO BE IT RESOLVED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the attached Water
Line Locating Service contract with the City of Columbus to locate and mark
underground water lines until April 30, 2015.
Section 2 . This resolution shall take effect upon adoption in accordance with
Section 4.04(a) of the Revised Charter.
Passed thi /Z �LL day of 2015.
ayor - Presiding Officer
I` � 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
Memo
From: Marsha I. Grigsby, City Manager'�c®,+
Date: January 22, 2015
Initiated Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
By: Barbara Cox, P.E., Engineering Manager
Re: Resolution 11 -15 - Authorizing the City Manager to Enter into an Agreement
with the City of Columbus for Water Line Locating Services for 2015
Summary
The need for locating the public water lines is an important element in the operation of the
water distribution system. These locations allow contractors working on a project to know
where the water distribution infrastructure is, which minimizes the possibility of damage.
On October 14, 2013, Council approved Resolution 58 -13, authorizing the City Manager to
enter into an agreement with the City of Columbus for water line locating services for 2014.
This agreement was for calendar year 2014 only. In order to continue receiving these services,
a new agreement is needed annually.
Columbus staff contacted Dublin Engineering staff in October 2014 and indicated their decision
to cease providing this service to Dublin. Since this notice was not made until after Operating
Budget requests were submitted, staff requested that Columbus continue to provide the
services for a portion of 2015. This will allow time for staff to evaluate other ways to provide
this service (in -house or contractual) without service interruption. Columbus has agreed to
provide water line locating services until April 30, 2015. Staff will bring a recommendation to
Council for how to provide this service as soon as the evaluation is complete.
Columbus provided an updated copy of the agreement for our review. Both Engineering and
Legal staff have reviewed the proposed documents. While the length of the agreement is
changed, the other terms of the agreement and the fee structure remain unchanged from the
2014 agreement.
The funding for this agreement is included within the Water Fund, under "miscellaneous
contractual services." For 2014, $120,000 was budgeted for these services, while $144,746.10
has been expended through the end of December 2014. Due to savings realized in other
Water Fund accounts, an internal transfer may be adequate to address this shortage. If
necessary, the shortage will be addressed in an additional year -end appropriation by Finance.
In the 2015 operating budget, $135,000 has been budgeted for this contract in the Water
Fund. This should be an appropriate allocation for the services in 2015 based on the level of
Memo re. Resolution 11 -15 — Agreement w. Columbus for Water Line Locating Services
January 22, 2015
Page 2 of 2
construction activity. The number of locates increases /decreases seasonally and relative to the
amount of construction activity.
Recommendation
Staff recommends Council approval of Resolution 11 -15, authorizing the City Manager to enter
into an Agreement with the City of Columbus for Water Line Locating Services for 2015.
GREG J DAVIES
Director
December 16, 2014
City of Dublin
Attn: Barbara Cox, P.E.
5800 Shier -Rings Road
Dublin, OH 43016
RE: Water Line Locating Services - 2015
Dear Mr. Stevens:
THE CITY OF
COLUMBUS
MICHAEL B. COLEMAN, MAYOR
DEPARTMENT OF
PUBLIC UTILITIES
In accordance with Columbus City Code Section 329 the City of Columbus, Department of Public Utilities has elected to enter
into an agreement with your company for the service/project referenced above. At this time, the completed agreement is still
pending the approval of the Columbus City Attorney's Office. The following agreement documentation must be completed and
returned to my attention at your convenience.
® Sign the agreement (Page 4) (I need 3 signed original copies mailed back to me)
❑ Complete and notarize the Contract Signature Affidavit (Page 5 - if applicable)
❑ Copy of Certificate Insurance and Worker's Compensation Certificate (Refer to Page 3, Items 18 and 19)
❑ Complete the OPERS Independent Contractor Acknowledge Form (Refer to Page 2, Item 7)
❑ Scope of Work or Proposal for this service agreement.
Return the entire package to the following address:
Attn Debbie Iola
City of Columbus
Department of Public Utilities
910 Dublin Road, 3rd Floor
Columbus, OH 43215
Once the approval of this agreement is completed, a copy will be mailed to you. Thank you for your cooperation in this matter.
Should you have any questions, please contact me at (614) 645 -6276.
since n_ ,
Q aX •�Ir.e.�
Debbie Ioia
Management Analyst II
Department of Public Utilities
Attachments
Pc: Kevin Schimming, Mapping & Development
File
f
m i
Director's Office 1910 Dublin Road I Columbus OH 43215 1 T (614) 645.6141 I F (614) 645.8019
Sewerage and Drainage 1 1250 Falrwood Avenue I Columbus OH 43206 1 T (614) 645,7175 1 F (614) 645.3801
Power and Water i Administration 1 910 Dublin Road I Columbus OH 43215 1 T (614) 645.7020 1 F (614) 645.3993
Customer Service I Power and Water I T (614) 645.8276 1 F (614) 645.0222 1 TDD (614) 645.7188
columbus.gov
FOR WATER LINE LOCATING SERVICES
This Contract for Water Line Locating services is entered into by and between the City of Dublin and the
City of Columbus, Department of Public Utilities ( "Columbus ").
WITNESSETH
WHEREAS, the City of Dublin has a need for water line locating services as described herein; and
WHEREAS, Columbus Is willing to provide these services pursuant to the terms contained herein;
NOW, THEREFORE, in consideration of the mutual promises as hereinafter set forth, the parties agree as
follows:
1. Contract Tenn
The term of this Contract shall be from 111/15 through and including 4/30/2015. This Contact shall not
auto - renew.
2. Scope of Services
Columbus agrees to locate and mark underground water lines for the City of Dublin pursuant to the
conditions contained herein.
A. Columbus will receive locate requests from the Ohio Utility Protection Service (OUPS) for
underground facilities to be marked within the City of Dublin. Columbus will locate and mark, to the
best of its ability, the approximate location of waterlines based on GIS and as -built drawing
information provided by the City of Dublin.
B. The City of Dublin shall ensure that Columbus has up-to-date GIS (If available) and as -built drawing
information throughout the term of this Contract. The City of Dublin acknowledges that Columbus
may rely on the GIS and as -built drawings and agrees that that the accuracy of the markings
performed by Columbus will depend on the accuracy of the GIS and as -built drawing information
provided to Columbus.
C. The City of Dublin assumes all liability and, to the extent permitted by law, agrees to indemnify,
defend, and hold Columbus harmless for any claims related to any loss or damage, whether to its
own property or to the property of third parties, that may result from erroneous or incomplete
information regarding the location, size or condition of any. water line provided to Columbus.
D. Locating and marking of waterlines shall only include The City of Dublin owned water mains and
services. The point of demark for waterlines shall be up to and Including the curb stop. Locating of
customer owned service lines is not part of this contract.
E. The City of Dublin shall supply a list of contacts and phone numbers Columbus personnel can
utilize for questions. In addition, the City of Dublin shall also provide a 24 -hour non -911 contact
number.
Page 1 of 4
(kC2MM3.0
F. The City of Dublin shall supply uniformed police officers or other qualified personnel for the purpose
of traffic control when requested by Columbus. The City of Dublin shall supply Columbus with
contact information with whom to set up traffic control. Traffic Control and coordination shall be at
no cost to Columbus.
G. For any project that the City of Dublin requires a Pre - Construction Meeting, the City of Dublin may
invite Columbus to attend. One set of construction drawings, in PDF format, will be made available
to Columbus with the invitation. Two sets of construction drawings (11x17) will be made available to
Columbus at the Pre- Construction Meeting.
H. Locator work hours (standard and overtime) will be in accordance with the current AFSCME
Collective Bargaining Agreement in place between Columbus and its employees.
3. Pricing and Payment
The charges for services provided under this Contract will be the actual cost incurred by Columbus
pursuant to the rates provided in Exhibit A, which is hereby incorporated into this Agreement and which
will be amended by Columbus annually.
Columbus shall submit invoices to the City of Dublin monthly. The City of Dublin shall pay invoices within
thirty days of the date of the invoice.
Invoices will be submitted to: City of Dublin
Attn: Director of Engineering
5800 Shier Rings Road
Dublin, Ohio 43016
4. Notice
Any notice or demand or other communication required or permitted to be given under this Contract or
applicable law shall only be effective if it is in writing, properly addressed, and either delivered in person,
or by a recognized courier service, or deposited with the United States Postal Services as first -class
certified mail, postage prepaid and return receipt requested, to the parties at the following addresses:
For City of Dublin: City of Dublin
Attn: Director of Engineering
5800 Shier Rings Road
Dublin, Ohio 43016
For Columbus: Damage Prevention Manager
910 Dublin Rd.
Columbus, OH 43215
5. Contract Termination
If either the City of Dublin or Columbus violates any material term or condition of this Contract or fails to
fulfill in a timely and proper manner its obligations under this Contract, then the aggrieved party shall give
the other party (the "responsible party") written notice of such failure or violation. The responsible party
will correct the violation or failure within thirty (30) calendar days or as otherwise mutually agreed. If the
failure or violation is not corrected, this Agreement may be terminated immediately by written notice from
the aggrieved party. The option to terminate shall be at the sole discretion of the aggrieved party.
When it is in the best interest of Columbus or the City of Dublin, either party, may terminate this Contract
by providing thirty (30) calendar days written notice to the other party prior to the effective date of
termination. If this Contract is so terminated the City of Dublin shall be liable for payment according to the
terms of this Contract for services provided by the City prior to the effective date of termination.
Page 2of4
(H336M3.1 )
6. Applicable Law, Remedies
This Contract shall be governed in accordance with the laws of the State of Ohio. All claims,
counterclaims, disputes and other matters in question between Columbus, its agents and employees, and
the City of Dublin arising out of or relating to this Contract or its breach will be decided in a court of
competent jurisdiction within the County of Franklin, State of Ohio.
7. Entire Agreement
This Contract sets forth the entire agreement between the parties with respect to the subject matter
hereof. understandings, agreements, representations, or warranties not contained in this Contract, or as
written amendment hereto, shall not be binding on either party. Except as provided herein, no alteration of
any terms or conditions of this Contract shall be binding on either party without the written consent of both
parties. The terms and conditions specified in this Contract shall supersede any terms and conditions
which may accompany the City of Dublin's purchase order.
8. Modifications
No modification, amendment, alteration, addition or waiver of any section or condition of this Contract
shall be effective or binding unless it is in writing and signed by an authorized representative of the
Columbus and the City of Dublin and approved by the appropriate City authorities.
9. Nonexclusive Remedies
The remedies provided for in this Contract shall not be exclusive but are in addition to all other remedies
available under the law.
10. Survivorship
All services executed pursuant to the authority of this Contract shall be bound by all of the terms,
conditions, prices discounts and rates set forth herein, notwithstanding the expiration of the initial term of
this Contract, or any extension thereof. Further, the terms, conditions, and warranties contained in this
Contract that by their sense in context are intended to survive this completion of the performance,
cancellation or termination of this Contract, shall so survive.
11. Save Harmless
To the extent permitted by law, the City of Dublin shall protect, indemnify and save Columbus harmless
from and against any damage, cost, or liability, including reasonable attomeys' fees, resulting from claims
for any or all injuries to persons or damage to property arising from intentional, willful or negligent acts or
omissions of City of Dublin, its officers, employees, or agents.
12. Severabiiity
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is
held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given
effect without the invalid term, condition, or application; to this end the terms and conditions for the
Contract are declared severable.
13. Assignment and Subcontract
Neither party may assign, subcontract, or otherwise transfer this Contract to others without the prior
written consent of the other party. If this Contract is so assigned, it shall inure to the benefit of and be
binding upon any respective successors and assigns (including successive, as well as immediate,
successors and assignees) of the Contractor.
14. Authority to Bind
The signatories to this Contract represent that they have the authority to bind themselves and their
respective municipalities to this Contract.
Page 3 of 4
(M369943.1)
IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year written below.
AGREED:
FOR CITY OF DUBLIN: FOR COLUMBUS:
Marsha I. Grigsby Date
City Manager
Approved as to Form
Greg Davies Date
Director of Public Utilities
Approved as to Form:
Stephen J. Smith City Attomey
City Attorney
(H2369%3.1 )
Page 4 of 4
.... ........
EXHIBIT "A"
PRICING - 2015
a
The following table will be used to calculate charges for services included in this
contract:
Event
New Years Day
January 19
PER TICKET CHARGE
LOCATE OCCURING DURING NORMAL WORKING HOURS AS
President's Day
OUTLINED BELOW
$17.40
LOCATE OCCURING AFTER NORMAL WORKING HOURS, ON
independence Day (observed)
SATURDAY, OR A HOLIDAY OBSERVED BY THE CITY
$220.90
LOCATE OCCURING ON SUNDAY
$268.90
Normal Working Hours are 7:00 AM — 3:30 PM, Monday — Friday
Holidays observed by the City in 2015:
January 1
New Years Day
January 19
Martin Luther King Jr. Day
February 16
President's Day
May 25
Memorial Day
July 3
independence Day (observed)
September 7
Labor Day
October 12
Columbus Day
November 26
Thanksgiving Day
December 25
Christmas. Day