32-09 ResolutionRECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 3Q045
32-09
Resole{tinrt No.
Passed ,~0
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING
WITH THE MID-OHIO REGIONAL PLANNING COMMISSION
(MORPC) IN ORDER TO ACCEPT FUNDS FROM THE
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
FUNDS DESIGNATED FOR THE REALIGNMENT OF
INDUSTRIAL PARKWAY AND WIDENING OF SR 161
IMPROVEMENT PROJECT (ODOT PID NUMBER 86464)
WHEREAS, the City of Dublin desires to improve traffic safety, operations and
efficiencies of the roadway system including and around the US 33/SR 161/Post Road
interchange; and
WHEREAS, a major component in improving the interchange area is the realignment
of Industrial Parkway and the widening of a portion of SR161; and
WHEREAS, the Dublin Community Plan promotes working cooperatively with
surrounding jurisdictions in regional transportation planning and programming; and
WHEREAS, the City of Dublin and the Ohio Department of Transportation (ODOT)
Director of Transportation have agreed to cooperatively plan, design and construct the
identified transportation improvement projects; and
WHEREAS, the Mid-Ohio Regional Planning Commission (MORPC) has elected to
use a portion of its allocation of transportation funding from the American Recovery
and Reinvestment Act (ARRA) to fund the improvements of Industrial Parkway and SR
161; and
WHEREAS, it is necessary to execute a Memorandum of Understanding with MORPC
to accept certain conditions in order to receive $1,000,000 in ARRA funds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring:
Section 1: The City Manager is hereby authorized to enter into a Memorandum of
Understanding with MORPC in order to accept ARRA funds for the Realignment of
Industrial Parkway and Widening of SR 161 Improvement Project.
Section 2: This resolution shall take effect upon adoption in accordance with Section
4.04(a) of the Revised Charter.
Passed this ~,~ day of ~ , 2009.
11 ~~
Mayor -Presiding Officer
Attest:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
CITY OF DUBLINa Phone: 614-410-4400 • Fax: 614-410-4490 M e m o
To: Members of Dublin City Council
From: Terry Foegler, City Manager
Date: June 25, 2009 U
Initiated By: Barbara A. Cox, PE, Engineering Manager -Development
Re: Resolutions 31-09 and 32-09 Authorizing the City Manager to Enter into
Agreements to Accept American Recovery and Reinvestment Act Funds (ARRA)
Summary
In April, staff submitted the necessary applications to the Ohio Department of Transportation (ODOT)
requesting the US 33/SR 161/Post Road interchange project and Industrial Parkway/SR 161 improvement
projects be considered for funding through the American Recovery and Reinvestment Act (ARRA). These
projects were considered by both ODOT and the Mid-Ohio Regional Planning Commission (MORPC) for
those ARRA funds both agencies have been designated to manage.
The City of Dublin has been awarded a grant of SI,000,000 from the MORPC sub-allocation of the ARRA
funds for the Industrial Parkway/SR 161 improvements. In order to receive these funds, the City is required
to execute the Memorandum of Understanding (MOU) with MORPC.
The MOU states that the project is to meet ODOT requirements for design and plan development, that the
funding can be forfeited if plan and right-of--way clearance is not received by December 2009, that MORPC
will not replace the funding from other sources or fund cost ovemms, and that the City will fund all other
project costs and perform reporting as required by the ARRA.
ODOT will administer the funds for MORPC and requests that Dublin enters into a project agreement
identifying the requirements associated with the Federal funds and establishing the responsibilities for the
administration of the project. A copy of the ODOT LPA (Local Public Agency) Federal Local-Let Project
Agreement is attached. The ODOT agreement contains many of the same requirements of the City. This
agreement requires additional specifications to be included in the City's bid document, a Disadvantaged
Business Enterprise (DBE) goal to be set, job creation posting to the appropriate state websites, and monthly
reporting by both the contractor and the City.
Engineering, Finance and Legal staff have reviewed both agreements and have no suggested revisions to the
documents. The project has been programmed in the City's Capital Improvement Program, and the City will
issue debt to fund its share of the project. Costs may be added to this project due to the requirements of
obtaining federal funds, including federal prevailing wage rates (versus state prevailing wage rates),
disadvantaged business requirements, reporting requirements, and contract administration requirements.
Staff recently met with representatives of ODOT and MORPC to discuss the status of the project and to
review the requirements due to the addition of federal dollazs for the funding of the project. The following
schedule was determined at the meeting:
Tracings Complete (to District 6) July 15, 2009
Sale (Bid Opening) September 24, 2009
Award October 5, 2009
Recommendation
Staff recommends approval of Resolutions 31-09 and 32-09 to secure the awazded ARRA funds.
Memorandum of Understanding Between
the City of Dublin and
the Mid-Ohio Regional Planning Commission (MORPC}
Whereas, the United States Government is providing transportation funding through the American
Recovery and Reinvestment Act (ARRA} including asub-allocation of approximately $28 million to
MORPC; and
Whereas, use of these funds entails fulfilling all federal and state requirements by following the Ohio
Department of Transportation's (ODOT} Project Development Process (PDP} including federal
obligation of funds by March 2, 2010; and
Whereas, if ARRA funding is not obligated on time it will be lost to the region and the state, now
therefore
The City of Dublin and MORPC agree as follows:
1. MORPC agrees to assign $1,000,000 of its sub-allocation of ARRA funds to the City of Dublin
for the realignment of Industrial Parkway and State Route 161.ODOT identifies the project
as U N I-S R 161-12.980, PI D 86464.
2. By accepting these funds, the City of Dublin agrees that:
a. It will follow the ODOT requirements in developing its ARRA project.
b. It has reviewed its project's development status, its project development capabilities
and therefore pledges it can obtain environmental and right-of--way clearance and file
complete and acceptable plans with ODOT by December 2009, and it can obtain
federal funding obligations for the project by March 2, 2010.
c. It understands that failure to meet the obligation deadline on time will result in
forFeiture of the ARRA funding and MORPC will not replace the funding.
d. In the event it cannot maintain the project schedule to achieve obligation by March 2,
2010, it will notify MORPC and ODOT as early as possible so MORPC may reallocate
the funding to other projects that can meet the obligation deadline.
e. In the event that MORPC and ODOT judge the project's progress will not permit it to
achieve obligation by the March 2, 2010 deadline, it agrees MORPC may reassign the
ARRA funds to another project.
f. It recognizes that because of the special nature of the ARRA funds, MORPC will
allocate all ARRA funds to projects, and no additional funding will be available for
project cast overruns.
g. It understands that ARRA funds are not a grant and are provided on a cost
reimbursement basis.
It will cover all project costs in excess of the ARRA commitment from non-ARRA
sources to complete the project.
It will make a good faith effort to fulfill MORPC's policy of routine accommodations for
bicyclists and pedestrians.
It agrees to provide reporting required by federal law and to meet the requests of
Congress and the state of Ohio.
Terry D. Foegler
City Manager
City of Dublin
Date
Chester R. Jourdan, Jr. Date
Executive Director
Mid-Ohio Regional Planning Commission