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58-09 ResolutionRECORD OF RESOLUTIONS Inc.. Form No. 30045 Resokdior: No. 58-09 Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY REQUIRED APPLICATIONS AND AGREEMENTS WITH THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) IN ORDER TO ACCEPT FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS DESIGNATED FOR COIL SANITARY SEWER EXTENSION PROJECT WHEREAS, the City of Dublin intends to provide public sanitary sewer for collection of wastewater; and WHEREAS, the installation of certain sanitary sewer lines will better enable the City to serve properties not currently served; and WHEREAS, the City of Dublin is proposing to extend sanitary sewer services to the Central Ohio Innovation Center (COIC), as well as to other areas of the City; and WHEREAS, the City of Dublin has already made significant investment in the development potential of the area to be served by this sewer extension; and WHEREAS, Dublin City Council supports seeking alternative sources of funding for capital improvements; and WHEREAS, the Ohio Environmental Protection Agency (OEPA) has elected to use a portion of its allocation from the American Recovery and Reinvestment Act (ARRA) to partially fund the COIL Sanitary Sewer Extension project; and WHEREAS, it is necessary to execute applications and agreements with OEPA to accept certain conditions in order to receive at least $260,000 in ARRA funds. NOW, THTREFORE, 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 submit any required applications and enter into any necessary agreements with the Ohio Environmental Protection Agency (OEPA) in order to accept funds from the American Recovery and Reinvestment Act (A.RRA) for the purpose of constructing the COIC Sanitary Sewer Extension 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 T y~~~~~~ , 2009. Mayor -Presiding Officer Attest: Clerk of Council CITY OF DUBLIN,. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Terry Foegler, City Manager ~/ Date: November 12 2009 Initiated By: Paul Hammersmith, P.E., Director of Engineering/City Engineer Barbara Cox, P.E., Engineering Manager -Development Memo Re: Resolution 58-09 -Authorizing the City Manager to Enter into any Required Applications and Agreements with the Ohio Environmental Protection Agency (OEPA) In Order to Accept Funds from the American Recovery and Reinvestment Act (ARRA) Funds Designated for the COIC Sanitary Sewer Extension Project. Summary The Ohio Environmental Protection Agency (OEPA) received an allocation of American Recovery and Reinvestment Act (ARRA) funds to provide assistance for wastewater improvement projects. The OEPA is using their Water Pollution Control Loan Fund (WPCLF) program to administer their AR.RA wastewater allocations. Earlier this year, the OEPA issued a request for applications for these funds. In April of 2009, staff submitted three applications for potential funding through this source. The projects were: 2010 Sanitary Sewer Lining Project (cost $850,000), COIC Sanitary Sewer Phase 1 (cost $690,000), and COIC Sanitary Sewer Phase 2 (cost $332,000). As an outcome of this initial competitive process, Dublin received funding for our 2010 Sanitary Sewer Lining project, but was unsuccessful with our other two grant requests. However, the OEPA has determined that some projects from its original allocation list will not be moving forward, and therefore, the OEPA is interested in potentially funding the COIC Sanitary Sewer Phase 1 project, as it appears to be ready to construct per the application information. Staff has originally indicated to the OEPA that an easement was still needed from a property owner for the COIC Sanitary Sewer Phase 1 project. The negotiations for this easement have been difficult, and Council ultimately passed Resolution 48-09 to allow Legal staff to file an appropriation action to obtain the needed easement. Due to this challenge, and the likely increased litigation costs and time requirements, staff has identified an alternate alignment for the sewer, which does not require the problematic easement. The OEPA is agreeable to the new alignment and is willing to fund half the project cost consistent with the previous alignment. The attached exhibit shows the original and revised alignments. The revised alignment estimated cost is $520,000, of which $260,000 will be provided through the AR.RA funds from the OEPA. The original alignment cost was estimated to be $690,000, with no funding provided by the OEPA (and without full consideration of the likely easement and litigation costs, as well as the additional time uncertainty.) Staff is also pursuing a revised Permit to Install (PTI) from the OEPA for the new alignment. Staff recommends submitting all required applications and entering into the necessary agreements with the OEPA in order to improve the prospects for receiving the ARRA funds for this project. Based on the interest rate of the loan available through the WPCLF, staff has determined the City Memo re. Resolution 58-09 November 12, 2009 Page 2 of 2 can obtain a lower rate through its own financing by issuing debt to be repaid by the sewer fund revenues for Dublin's portion of the project cost. The revised al ~anment for the COIC Sanitary Sewer Extension Project Phase 1 will install approximately 2,200 linear feet of 12-inch and 1,500 linear feet of 21-inch sanitary sewer. This sewer will serve the land surrounding 7001 Post Road and approximately 90 acres north of SR 161. The area north of SR 161 was included in the 274 acres recently added to the Dublin Exclusive Expansion area in our Sewer Service Agreement with the City of Columbus. Timing of this Resolution and bidding of the project is critical for improving the prospects of obtaining this potential funding. Staff will bid the COIC Sanitary Sewer Extension Project Phase 1 later this month and will seek Council's approval of the construction project at its December meeting. This will allow the bid to be reviewed by the OEPA and place the award of the funding on the WPCLF Board's agenda in January. Recommendation Staff recommends approval of Resolution 58-09. Please contact Paul Hammersmith with any questions. Sanitary Sewer as Approved with PTI 699652 P~s~ c`' _ "~~ 'H~ „. -F=- - t~ Revised Alignment ~~ Sanitary Sewer ,~ , L~ 1' :V. ..~`I -, ~; ~~'~1 ~{d(yT' Existing Sanitary =- 1 \ ~~ \, ~J _' :. ~\ \~ ~