Resolution 011-18RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO
Resolution No. _ 11-18
Passed ,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A REIMBURSEMENT AND MAINTENANCE AGREEMENT
WITH UNION COUNTY FOR THE HYLAND-CROY ROAD/POST
ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT.
WHEREAS, the City of Dublin (the "City's is preparing to construct the Hyland -Croy
Road / Post Road Traffic Signal Improvement Project (the "Project'; and
WHEREAS, the City, through the Division of Engineering, is serving as the lead
agency for the Project, and will be constructing the Project; and
WHEREAS, the Project is mainly located within the jurisdiction of Union County; and
WHEREAS, Dublin and Union County agree certain improvements to the intersection
of Hyland -Croy Road and Post Road are needed to improve the safety and operations
of the transportation network; and
WHEREAS, Dublin and Union County recognize the benefit these public
improvements will have on its citizens and agree that it is in the best interests of
Dublin and Union County to enter into a Reimbursement and Maintenance
Agreement; and
WHEREAS, the total construction cost of the Project, as currently bid, is $201,671.56
and Union County has agreed to contribute fifty per cent (50%) of the total project
construction cost, or $100,835.78; and
WHEREAS, Dublin agrees to maintain the newly installed traffic signal and all
associated appurtenances while it remains in service, and all pavement and associated
roadway elements in Dublin's jurisdiction, and Union County agrees to maintain the
southbound right turn lane and all pavement and all associated roadway elements
within their jurisdiction.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
Counties of Delaware, Franklin, and Union, State of Ohio, of the elected
members concurring that:
Section 1, The City Manager is hereby authorized to execute a Reimbursement and
Maintenance Agreement between Union County and the City of Dublin to construct the
Project 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 Resolutions II be effective upon passage in accordance with
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Section 4.04(a) of the Revise ero
P se this eay of ra a r' / 2018.
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ATTEST:
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Form 6301
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: Dana L. McDaniel, City Mana
Date: February 22, 2018
Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Jean -Ellen M. Willis, PE, Engineering Manager - Transportation
Summary
Memo
Re: Resolution li- 18 -Authorizing the City Manager to Enter into a
Reimbursement and Maintenance Agreement with Union County for the
Hyland -Croy at Post Road Traffic Signal Improvement Project
The adopted Dublin 2017 — 2021 Capital Improvements Program includes the Hyland -Croy Road
at Post Road Intersection Improvement project (Project #ET132), which provides for the
installation of a traffic signal and a southbound right -turn lane. Dublin staff was asked to prepare
the detailed construction drawings for this improvement last fall as development north of the
intersection has occurred. The project will be funded by service payments from the Perimeter
West tax -increment financing district and debt issuance.
Dublin is the lead agency for the design and construction of the project; Union County has agreed
to participate in funding this project. The bid received for the project is $201,671.56. The bid
acceptance resolution for this project is also being presented to City Council at the February 26,
2018 meeting. Union County has agreed to contribute fifty per cent (50%) of the total cost, or
$100,835.78, to construct the improvements shown below in Figure 1.
Figure 1: Proposed Hyland -Croy Road at Post Road Improvements
Memo r. Res. - - Hyland -Croy /Post Rd Traffic Signal Agreement
February 22, 2018
Page 2 of
CAPITAL IMPROVEMENTS PROJECT
REIMBURSEMENT AND MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF DUBLIN, OHIO
AND
UNION COUNTY, OHIO
HYLAND-CROY ROAD/POST ROAD SIGNAL IMPROVEMENTS
CAPITAL IMPROVEMENT PROJECT 17-036-CIP
This Reimbursement and Maintenance Agreement (the "AGREEMENT'), made and entered into
this day of , 2018 (the "Effective Date'), by and
between the City of Dublin, Ohio, an Ohio municipal corporation, with its offices at 5200 Emerald
Parkway, Dublin, Ohio, 43017, (' DUBLIN') and Union County, with its offices at 233 West Sixth
Street, Marysville, Ohio, 43040, ('UNION COUNTY') (collectively "the Parties').
WHEREAS, DUBLIN and UNION COUNTY agree certain improvements to the
intersection of Hyland -Croy Road and Post Road are needed to improve the safety and
operations of the transportation network; and
WHEREAS, DUBLIN proposes to construct or to cause to be constructed public
improvements, including those as identified in Exhibits A and B attached hereto and
incorporated herein and further known as the "Improvements"; and
WHEREAS, DUBLIN and UNION COUNTY recognize the benefit these public
improvements will have on their citizens and it is in the best interests of DUBLIN and
UNION COUNTY to enter into a Reimbursement and Maintenance Agreement;
NOW THEREFORE, for and in consideration of the mutual covenants herein
contained, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereto do hereby covenant and agree, as follows:
1. DEFINITIONS:
A. "Contract Documents" shall mean collectively: a) this Agreement, including
attachments/exhibits, b) the approved plans and specifications for the
Improvements, and c) the technical specifications set forth in the most recent
edition of the "State of Ohio Department of Transportation Construction and
Material Specifications" (CMS) and the "City of Columbus, Ohio Construction and
Materials Specifications Manual" (CMSM), including all supplemental specifications.
B. "Cost of Work" is defined as the total cost of the project for construction.
Dublin shall perform the construction inspection of the Improvements and is
considered incidental to the cost of the project.
C. "Total Estimated Cost" means $201,671.56 for the Improvements and
specifically identified within Exhibit B, with the total not to exceed said amount,
unless and until additional amounts are appropriated by DUBLIN and an
appropriate modification of this Agreement is entered into by the parties.
D. "Work" means the construction of the Improvements.
2. CONTRACT TERM: This contract shall commence on the date of execution and shall
terminate after the Project Guaranty has expired. Maintenance responsibility after the
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completion of the project is outlined in Item 10, and shall continue as long as the
improvement is in place.
3. GENERAL CONSIDERATIONS: In consideration of the promises of UNION COUNTY
set forth herein, DUBLIN agrees to construct, or cause to be constructed, the
capital Improvements identified in Exhibits A and B. In making the Improvements,
UNION COUNTY shall fully cooperate with DUBLIN and shall follow and comply with all
reasonable requests of DUBLIN. DUBLIN, or its contractor(s), shall be responsible for
complying with all Federal, State, and Local laws.
In communications with each other, DUBLIN and UNION COUNTY shall respond in a
timely manner, and UNION COUNTY's approvals will not be unreasonably conditioned,
withheld, or delayed.
4. PROCUREMENT OF SERVICES: DUBLIN, through its Department of Public Works,
reserves the exclusive right to select any contractors who may be necessary to
execute the construction of the Improvements consistent with City of Dublin Codes and
Policies. DUBLIN shall own the construction contract, provide inspection services, and
shall provide direction to the Contractor. UNION COUNTY may provide a construction
liaison inspector if so desired to interface with DUBLIN for the Improvements. If
UNION COUNTY has a concern about the Work, UNION COUNTY shall inform
DUBLIN and DUBLIN shall inform the Contractor as appropriate. DUBLIN shall ensure
that UNION COUNTY's concerns about the Work are resolved.
5. INSPECTION: DUBLIN shall do and perform all inspection services for the
Improvements, including the following:
A. Directly interface with the Contractor.
B. Directly interface with the Consultant as needed.
C. Manage the change order process and pay estimates to the Contractor.
D. Invite UNION COUNTY to the final punch list and walkthrough of the Project.
E. Upon final approval and acceptance of the Improvements notify the Contractor
and UNION COUNTY in writing.
F. Perform the one-year warranty inspection. UNION COUNTY shall be invited to
attend the one-year inspection walk-through.
6. REIMBURSEMENT: UNION COUNTY shall reimburse DUBLIN fifty per cent (50%) of the
total construction cost of the Project, or $100,835.78 for the costs associated with the
construction of the Improvements described in Exhibits A and B and as referenced in
paragraph 3 of this Agreement. The execution of this Agreement shall be forwarded to
the Dublin City Council at the same meeting as the bid acceptance resolution for the Project
is presented to Dublin City Council.
Check shall be made out to: City of Dublin and delivered within 30 days of
execution of this Agreement to:
Department of Public Works
Division of Engineering
6555 Shier Rings Road
Dublin, Ohio 43016
Attn: Jeannie Willis
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7. PROJECT GUARANTY: DUBLIN shall require its Contractor(s) to warrant that the Work
shall be free from defects in materials and workmanship (without regard to the
standard of care exercised in its performance) for a period of one (1) year after final
written acceptance of the Work. DUBLIN's contractor(s) shall at its own expense:
A. Correct or re -execute any of the Work that fails to conform to the requirements
of the Contract Documents and appears during the prosecution of the Work.
B. Correct any defects in materials and workmanship of the Work (without regard
to the standard of care exercised in its performance) which appear within a
period of one (1) year after final written acceptance of the Work or within such
longer period of time as may be set forth in the Contract Documents, and
C. Replace, repair, or restore any parts of the Work or any of the fixtures, equipment,
or other items placed therein that are injured or damaged as a consequence of
any such failure or defect, or as a consequence of corrective action taken
pursuant hereto.
S. ACCEPTANCE OF THE WORK: Acceptance of the Improvements by UNION COUNTY
shall not relieve DUBLIN of its responsibility for defects in material or workmanship as
set forth in Section 7.
9. PERFORMANCE AND PAYMENT BOND: DUBLIN shall require the contractor who
performs the Improvements to execute a contract performance and payment bond for
100% of the Work.
10. PUBLIC USE AND MAINTENANCE: DUBLIN and UNION COUNTY agree that all
Improvements under this contract shall be dedicated for public use. Upon expiration of
the Project Guaranty as set forth in Section 7 herein, DUBLIN shall accept all
maintenance responsibility for the traffic signal and all associated components
constructed under this Agreement and all roadways and associated roadway elements in
DUBLIN's jurisdiction. UNION COUNTY shall accept all maintenance responsibility for the
roadways within their jurisdiction, including the southbound right turn lane on Hyland -
Croy Road, and all associated roadway elements.
11. EXCLUSIVE RIGHT: UNION COUNTY agrees that the Estimated Cost for the
Improvements will be limited to those items specifically delineated within Exhibits A and
B. DUBLIN may consider authorizing reasonable increases and/or decreases in said
items, or approving new that are deemed reasonable to the successful completion of
the Project, so long as the cost therein does not exceed the Estimated Cost and only
after UNION COUNTY's written approval.
12. COOPERATION: If, during the course of Work, it is anticipated that the Cost of Work
shall exceed the Reimbursement amount of $100,835.78, DUBLIN and UNION COUNTY
shall make every effort to discuss the issue(s) before the work commences, unless DUBLIN
deems the work an emergency. If DUBLIN deems the work an emergency, discussion of
fiscal responsibility shall occur immediately after the work has commenced.
Notwithstanding the foregoing, DUBLIN and UNION COUNTY agree to cooperate and
negotiate in good faith an appropriate modification of this Agreement in the event the
scope of Work and/or Cost of Work is materially different than anticipated by the parties
hereto at the time of this Agreement. If the actual Cost of Work is greater than the
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$201,671.56, and, as set forth above, DUBLIN is responsible for such increased cost,
DUBLIN and UNION COUNTY shall promptly execute a contract addendum to increase the
Cost of Work amount to reflect the additional amount needed and UNION COUNTY will
reimburse DUBLIN fifty per cent (50%) of the increase.
13. CONSTRUCTION INSPECTION APPROVAL: When DUBLIN's contractor(s)
completes all of the Improvements set forth within Exhibit A, UNION COUNTY may
request a final inspection. If items remain that must be completed or remedied by
DUBLIN's contractor(s) as determined by UNION COUNTY, DUBLIN shall cause the
work to be performed immediately upon being notified. All work must pass final
inspection by DUBLIN and UNION COUNTY and include a final accounting of the
construction items utilized.
14. FINAL ACCOUNTING: For purposes of determining the final construction cost of the
project, DUBLIN shall be required to keep complete and accurate books of account
showing the Cost of Work and shall provide documentation of project related
expenditures. When DUBLIN has made final inspection and has deemed the
Improvement to have been constructed in accordance with the contract documents,
DUBLIN shall proceed with a final accounting to arrive at the Cost of Work.
If the Cost of Work is less than the Estimated Cost, DUBLIN shall process a refund and
make payment to UNION COUNTY within 30 days after the final Cost of Work is
determined. . Any refund shall be made payable to:
Union County Engineer
County Office Building
233 W. Sixth Street
Marysville, OH 43040
15. LEGAL JURISDICTION: All claims, counterclaims, disputes and other matters in
question between UNION COUNTY, its agents and employees, and DUBLIN, its
contractors, subcontractors, agents, and employees arising out of or relating to this
Agreement or its breach will be decided in a court of competent jurisdiction within
the County of Union, State of Ohio.
16. ENTIRE AGREEMENT: This Agreement shall constitute the entire agreement between
the parties and shall supersede all prior agreements, proposals, representations,
negotiations and letters of intent, whether written or oral, pertaining to the Work.
17. ADDITIONAL DOCUMENTATION: The following document exhibits to be hereby
incorporated into and made part of the Contract as though specifically rewritten herein:
A. Exhibit A: Final construction drawings
B. Exhibit B: Estimated cost
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WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers on the dates appearing below.
CITY OF DUBLIN
By:
Dana McDaniel
City Manager
Date:
APPROVED AS TO FORM
AND CORRECTNESS:
Jennifer Readler
Dublin Law Director
Date
UNION COUNTY
LA
Date:
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Jeff Stauch
Union County Engineer
APPROVED AS TO FORM
AND CORRECTNESS:
Thayne D. Gray
Union County Assistant Prosecuting
Attorney
Date