Resolution 062-17RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Fon-n No. 30045
62 -17
Resolution No. Passed _ , 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONSTRUCTION GUARANTEED MAXIMUM REIMBURSEMENT
AGREEMENT WITH THE CITY OF COLUMBUS, OHIO FOR THE UPPER
SCIOTO WEST SHAFT IMPROVEMENTS — SHAFT 12 PROJECT
WHEREAS, Columbus City Council passed Ordinance No. 0963 -2016 on June 6, 2016
authorizing the City of Columbus Director of Public Utilities to enter into this
reimbursement agreement with the City of Dublin; and
WHEREAS, the City of Columbus proposes to construct or to cause to be constructed
the Public Infrastructure Improvements as defined in the Construction Guaranteed
Maximum Reimbursement Agreement incorporated herein and further known as the
"Improvements "; and
WHEREAS, the City of Dublin recognizes the benefit that the Improvements will have
on its citizens and believes that it is in the best interests of the City of Dublin to enter
into a Reimbursement Agreement with the City of Columbus to construct such
Improvements.
NOW. THEREFORE, 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
Reimbursement Agreement with City of Columbus, Ohio for the Upper Scioto West
Shaft Improvements in substantially the same form as attached, with changes not
inconsistent with this Resolution and not substantially adverse to this City and which
shall be approved by the City Manager. The approval of changes thereto by those
officials, and their character as not being substantially adverse to the City, shall be
evidenced conclusively by their execution thereof.
Section 2. This resolution shall take effect upon adoption in accordance with Section
4.04(x) of the Revised Charte .
Pas e this r7 d y f S , 2017.
Mawr - Presiding XDffic
ATTEST:
Clerk of Council
C U City of Dublin
I V I
it
Oftl'"ce of the CI'mty Manager
5200 Emerald Parkway a Dublin, OH 43017-1090
Phone.- 614-410-4400 # Fax,,, 614-410-4490
To,*. Members of Dublin City Council
r.
From,: Dana L. McDaniel, City Mana
Date,: August 24, 2017
InIftl"ated By: Paul A. Hammersmith, P.E., Director of Engineering/City Enginee,
Todd A. Garwick, P.E... Senior Civil Engineer 'I
or
JKL71j"� 7u
�Y�
As stipulated by the Construction Guaranteed Maximum Reimbursement Agreement (GMRA),
the City of Dublin will commit to reimburse to the City of Columbus DOSD the necessary cost
for the reconstruction at Upper Scioto West Shaft Improvements — Shaft 12. A copy of the plan�!
will be provided in Council Chambers,
In order to memorialize the City of Dublin's contribution to the above-referenced improvements,
Columbus DOSD staff has drafted the attached GMRA, which defines the amount and timeframe
for reimbursement to the City of Columbus. Engineering Division staff has reviewed and agreed
to the terms contained therein, and Legal staff has reviewed and approved the Construction
Guaranteed Maximum Reimbursement Agreement,
Staff recommends Council approval of Resolution 62-17 authorizing the City Manager to enter
into a GMRA with City of Columbus DOSD for the Upper Scioto West Shaft Improvements —
Shaft 12 project.
Construction Guaranteed Maximum Reimbursement Agreement (GMRA.)
Between the City of Columbus, Ohio and the City of Dublin, Ohio
For the Upper Scioto West Shaft In-iprovemenbl'
Caplital Improvement Project No. 650499-1000 it
WHEREAS, Dublin City Council passed Resolution Nog - 17 on August 28 ', 2017 whereby
the City of Dublin agreed to reimburse the City of Columbus for the construct Ion of certain necessary
W
improvements to the Upper Scioto West Shaft; and
WHEREAS, Columbus City Council passed Ordinance No. 0963-2016 oil June 6, 2016,
whereby the City of Columbus Director of Public t4ilities is authorized. to enter into this
reimbursement agreement with the City of Dublin; and
WHEREAS, the City of Columbus proposes to construct or to cause to be constructed the
Public Int"rastruc ter e Improvements as defined in Exhibit A attached hereto and incorporated her
and further now as the '"Improvements;" and
WHEREAS, the City of Dublin recognizes the benefit that the Inlprovements will, have on. its
citizens and that it is in the best interests of the City of Dublin to enter into a Reimbursement
Agreement with the City of Columbus to construct such Improvements.
NOW THEREFORE., for and in consideration of the mutual. covenants herein contained., and
I
other good and valuable consideration., the receipt and sufficiency of which are here bv acknowledged',
the parties hereto do hereby covenant and agree, as fol.lows.-
2. CONTRACT TERMO- Commences upon the date of final, execution of the contract and
terminates upon completion of the Work-.
In communicatlons., both parties shall respond in a timely, manner and approvals will not be
unreasonably conditioned, withheld, or delayed.
5. ACCEPTANCE OF THE WORK: Acceptance of the Improvements by the City of Dublin
shall. not relieve the City of Columbus s contractor of its responsibility far defects in material
or workmanship as set forth in Section 4.
V *
6. RECORD PLANDRAWINGS: The City ofColumbus shall be responsible for requiring
and compensating the design engineer -for the preparation of record plan drawings for the
su�ject project in accordance with the uidelines established by the City of Dublin. The cost
9
for preparation of record plan drawing preparation is reimbursable by the City of Dublin.
0 The City of Columbus agrees to require th
7, PERFORMANCE ANDPAYMENT BOND.
contractor who performs the improvements to execute a contract performance and payment
bond. I
0
41
The City of Columbus agrees that the reimbursement of Improvements will be limited to those
items specifically delineated within Exhibit "A". The City of Dublin reserves the exclusive
right to consider authorizing reasonable increases and/or decreases in said items., or approving
new items that are deemed reasonable to the successful completion of the prqject, so long as
the cost therein does not exceed the Maximum Cost.
For purposes of determining the amount eligible to be reimbursed by the City of Dublin., the
City of Columbus shall be required. to keep complete and accurate books of account showing
the Cost of Work and shall provide the following items as documentation of reimbursable
project related expend itures, in. the for acceptable to the Division of, Sewerage and Drainage
and the Columbus City Audit on
.A. Invoices — Three (3) copies of all construction contract invoices, including City of
Columbus ]inspection costs, that are applicable to the construction of the project, as defined
in Section I hereof Invoices are required to be itemized, so as to provide a clear definition
of the work; and
B. Construction Inspection ADDroval -- When the City of Columbus' subcontractor(s)
completes all. of the Improvements set -forth within Exhibit A, the (_"ity of Dublin shall
C. PaYment,,by,the Cily — When the City of Dublin has made final inspection and has deemed
the Improvement to have been constructed in accordance with the contract documents., the
City of Dublin. shall. promptly pay to the City of Columbus 100% of the actual City of
Dublin share of the costs not to exceed the Maximum Cost -for all work. due under the
terms of this agreement.
0
10. LEGAL JURISDICTJON: All claims, counterclaims,, disputes and other matters in question
between the City of Dublin., its agents and. employees, and the City of Columbus, its
contractors., subcontractors and agents arising out of or relating to this agreement or its breach.
will 'be decided in. a court of competent jurisdiction. within the County of Franklin., State of
Ohio.
0
1. EQUAL OP,P0RTUN,!'TY CLAUSE.
110-011'1,
The parties agree to abide by all of the terms, conditions and requirements set forth in
Columbus City Code Section 3909.01, Equal Opportunity Clause. Failure or reffisal of a
Contractor or Subcontractor to comply with the provisions of Article 1. Title 39, may result in
cancellation of thIs Contract. (Ordinance ' 2550-93.)
# "rhis agreement shall constitute the entire agreement between
12, ENTIRE AGREEMENT.
the parties and shall supersede all prior agreements, proposals, representations,, negotiations
and letters of intent, whether written or oral, pertaining to the Work.
INWITNESS WHEREOF, the parties have caused this Agreement to be executed by their dull;
authorized officers on the dates appearing below.
0
Tracie Davies, Director of Public Utilities
Date:
La
Dana L. McDaniel,, City Manager Jennifer D. Readler, Law Director
Date: Date:
Fed. I.D. No.: 31-6400452
0127.2.06.0607984 48-318-500-19730
1