115-02 Ordinance AMENDED RECORD OF ORDINANCES
Dayton Legal Blank Co. Farm No 30043
Ordinance No ................1.15-02...(Amended) Passed
AN ORDINANCE TO ACCEPT THE LOWEST/
BEST BID FOR THE GLICK ROAD/MUIRFIELD DRIVE
INTERSECTION IMPROVEMENTS PROJECT
AND DECLARING AN EMERGENCY
- WHEREAS, after advertising, receiving and opening six bids on August 7, 2002
for the Glick Road/Muirfield Drive Intersection Improvements project; and
WHEREAS, Council has determined that the lowest and best bid for said project is
from Trucco Construction Companies, Inc. in the amount of $1,327,342.56; and
WHEREAS, Council has determined that there may be a legitimate need to declare
the relocation of the utilities in connection with the above-referenced project as a
"single source" procurement, for reason that the company owning the utilities in
question has the exclusive rights to relocate such utilities; and
WHEREAS, it is in the best interest of the City to execute this contract as soon as
possible so that construction can be completed during favorable weather.
NOW TI~EREFORE BE IT ORDAINED by the Council of the City of Dublin,
Ohio, ~ of the elected members concurring:
Section 1. That the bid from Trucco Construction Companies, Inc. in the
amount of $1,327,342.56 be, and hereby is, accepted.
Section 2. That the City Manager is hereby authorized and directed to execute a
contract with Trucco Construction Companies, Inc. for the completion of said
project pursuant to the bid specifications and documents on file in the office of the
City Engineer.
Section 3. That this Ordinance be, and the same hereby is, declared to be an
emergency measure for the preservation of the public peace, health or welfare of the
residents of this City, and, therefore, this Ordinance shall take effect and be in force
immediately upon its passage.
Passed this l ~ day of , 2002.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
erk of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway • Dublin, Ohio 43017-1006
Phone: 614-410-4400 • Fax: 614-410-4490 M e m o
CITY OF DUBLIN
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manage~~~5 .
Initiated By: Paul A. Hammersmith, P.E., Interim Director ofEngineering/City Engineer
Stephen J. Smith, Law Director
Date: August 15, 2002
Re: Ordinance No. 115-02
Glick Road/Muirfield Drive Intersection Improvements
Project No. 01-002-CIP
On August 7, 2002 six bids were received and publicly opened and read for the Glick
Road/Muirfield Drive Intersection Improvements project. All bids have been tabulated and
reviewed by Engineering Division staff. The Engineer's estimate for this project is $1,300,000.00.
Since the introduction of this Ordinance at the August 12, 2002 City Council meeting, staff has
been evaluating the bid submitted by Miller Pavement Maintenance, Inc., the apparent low bidder
with a bid of $1,299,890.54. As part of that evaluation, staff has contacted the references listed in
their bid. These are public agencies for which Miller Pavement has completed other public works
projects. Additionally, staff has researched the performance of Miller Pavement on past City of
Dublin projects managed by other City departments, as Miller Pavement has not performed any
projects within the past five years administered by the Engineering Division.
The majority of the references were not favorable in terms of the ability of Miller Pavement to
coordinate and complete projects. Project completion on or before an established deadline was a
particular deficiency as expressed by several references. As a result of deficient work, missed
deadlines, and the amount of effort required on the part of the agency to get the work completed,
it was expressed that the contacted agency would in the future recommend not to award Miller
Pavement a project, even if the low bidder. One agency indicated this would be especially true if
Miller Pavement was being considered fora "high profile" project with a critical completion date.
This project is just such a project, with tight timelines and a critical completion date for a high
profile community event.
The second low bid submitted for this project was from Trucco Construction Companies, Inc.
whose bid was $1,327,342.56. Over the past two years, Trucco Construction has successfully
completed several public and private projects within the City of Dublin as either administered by
or under the immediate supervision of the Engineering Division. In terms of overall project
coordination and completion, Trucco has performed exceptionally well.
Glick Road/Muirfield Drive Intersection Improvements
August 15, 2002
Page 2
At its September 17, 2001 meeting, City Council approved the Five-Year Capital Improvements
Program with very detailed direction regarding this project. In accordance with City Council's
direction, the total budget for this project in 2002 is $1,385,000. Specifically, the roadway
improvements were allocated at $950,000, while the landscaping improvements were allocated at
$435,000. In terms of this direction and the bids submitted by Miller and Trucco, the following
information is provided:
City Council Miller Trucco
Direction Pavement Construction
Roadway $950,000.00 $827,906.33 $917,784.30
Landscape $435,000.00 $471,984.21 $409,558.26
TOTAL $1,385,000.00 $1,299,890.54 $1,327,342.56
Pursuant to Dublin Charter provision 8.04 (b), Chapter 37 of the Dublin Codified Ordinances,
Dublin's home rule powers (R.C. Section 9.312), Section 103.02 within the City bid documents,
and significant supporting case law, Dublin has the authority to award bids based on the "lowest
and best" standard. After conducting due diligence with regard to their past performance on other
public improvement projects, taking into account the scope and nature of this project, it is not in
the best interest of the City to award this project to Miller Pavement. Furthermore, Miller's bid
on the landscape portion of the improvements far exceeded the limitations established by Council.
Therefore, we recommend this project be awarded to the second low bidder, Trucco Construction.
Trucco's performance on past projects has been excellent, and their bid was under budget for both
the roadway and landscape portions of this project. Presently, the construction and land acquisition
costs for this project are within the 2002 budgeted funds.
Attached is an emergency ordinance for approval by City Council prior to awarding the contract
to Trucco Construction Companies, Inc. In the event that Council adopts this recommendation
Council should, at its meeting on Monday, August 19, 2002 move to amend Ordinance 115-02 to
substitute Trucco Construction Companies, Inc. for Miller Pavement Maintenance, Inc. and
$1,327,342.56 for $1,299,890.54 in the second paragraph and Sections 1 and 2, and then, vote on
the amended ordinance. Emergency action is requested to allow the work to commence
immediately and be performed during the remaining favorable weather in this construction season,
so that the improvements will be completed by the critical fmal project completion date of May 14,
2003.
PAH:jc
Attachment
T:\Council\Counci12002\Glick-Muirfield Intersection Improvements 2nd Reading.doc
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ge: project No. 01002-CIP
(31ick Raa~d~Muitfield Drive Intcrsecaiu~u Improvemle'ats-
Dcar Mr. Smith;
As you lm~ow> we their b!d
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We appreeiQta you asea~taace in this matter.
Sincere!
James R Risbiel
cc: pebe Miller
MEMORANDUM
TO: Jane Brautigam, City Manager
Dublin City Council
FROM: Stephen J. Smith, Law Director
DATE: August 8, 2002
RE: Landscaping Improvements at Muirfield/Glick Intersection
I. INTRODUCTION
The City of Dublin ("Dublin") is reconstructing the intersection at Muirfield Drive and
Glick Road and is making various improvements related to this reconstruction. These
improvements include extensive landscaping, most of which is located on property belonging to
the Muirfield Village Association ("the Association"). This office has been asked to develop
options for the City in dealing with the on-going maintenance responsibility for these
landscaping improvements.
II. GENERAL POWERS OF MUNICIPALITY TO MAKE
INTERSECTION IMPROVEMENTS
Dublin possesses home-rule powers as a charter municipality. The home rule
amendment, at Article XVIII, Section 3, states that "[m]unicipalities shall have authority to
exercise all powers of local self-government and to adopt and enforce within their limits such
local police, sanitary and other similar regulations, as are not in conflict with general laws."
Dublin is making the improvements at the Muirfield/Glick intersection as a result of
safety concerns. This action clearly falls within the City's police powers for the general health,
safety and welfare. The landscaping improvements not only provide aesthetic benefits; they also
provide for better sight lines for pedestrian and vehicular traffic.
Consequently, Dublin has the power to use public funds to improve the Muirfield/Glick
intersection with both roadway and landscaping measures.
{H0221S9S.1 }
III. OPTIONS FOR ADDRESSING MAINTENANCE OF THE
LANDSCAPING IMPROVEMENTS AT CLICK ROAD AND
MUIRFIELD DRIVE
A. Dublin Could Acquire the Property that Contains the Landscaping
Improvements and Accept Sole Responsibility for Maintaining the
Improvements.
Dublin has already acquired some right-of--way in relation to this project. The City could
acquire the land on which the landscaping improvements are located by exercising its power of
eminent domain. Or, the landowner, the Muirfield Association, could donate the property to the
City. The Association would benefit in that it could get a property tax break. The City in
accepting sole responsibility for maintaining the improvements would be able to control the
landscaping maintenance and ensure that the substantial improvements are kept to the City's
satisfaction.
B. Dublin Could Make the Improvements and Require the Muirfield
Association to Maintain the Improvements.
Public entities can make improvements to private property as long as those improvements
also benefit the general public. In the present situation, even though the improvements would be
located on private property, the public at large is benefited not only aesthetically, but also
through better sight lines at the intersection that decrease the risk of accidents. The Muirfield
Association would own the improvements and be solely responsible for all maintenance.
However, in this scenario it would be much more difficult for the City to ensure that the
landscaping is maintained to the City's standards, which may be higher than that set forth in the
Dublin Code.
C. Dublin Could Make the Improvements, Allow Ownership to Remain with the
Association, and Contract for Maintenance Care.
In this scenario, the ownership of the property would remain with the Association. The
City could agree to maintain the landscaping at no cost to the Association, either through City
staff or through a maintenance contract with a private company. Or, the City could contract with
the Muirfield Association for the Association to maintain the landscaping for a nominal fee.
This arrangement is similar to the current arrangement between the City and the Muirfield
Association for the upkeep of Muirfield Drive.
If you have any questions regarding these options, please do not hesitate to contact this
office.
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