33-96 Resolution
RECORD OF RESOLUTIONS
Day tan legal Blank Ca, Farm Na, 30045
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~~ ~.=~~ Re,olution No. 33-96
Passed _19
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Ii A RESOLUTION DESIGNATING THE CITY MANAGER TO ACT AS
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i' THE CITY'S OFFICIAL REPRESENTATIVE AND AUTHORIZING THE CITY
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TO ENTER INTO SUPPLEMENTAL WATER POLLUTION CONTROL
:1 AGREEMENTS WITH THE omo ENVIRONMENTAL PROTECTION AGENCY
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I! WHEREAS, the City of Dublin has been awarded a loan from the Water Pollution
I! Control Loan Fund Program for the construction of the Upper Scioto West Branch
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'I Interceptor; and
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! WHEREAS, it is necessary to submit a supplemental application for additional funding
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!i as a result of change orders for the projects; and
I' WHEREAS, the City of Dublin is in the process of filing a supplemental application with
Ii the Ohio Environmental Protection Agency; and
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Ii WHEREAS, it is necessary for the City to designate a City official as its authorized
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II representative and to authorize a City official to execute any supplemental loan
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II NOW, TrORE, BE IT RESOLVED, by the Council of the City of Dublin, State
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Ii of Ohio, elected members concurring:
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il Section 1. That the City Manager is hereby designated as the City's representative for
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II supplemental applications to the Ohio Environmental Protection Agency for loan funds
il from the Water Pollution Control Loan Fund Program.
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'I Section 2. That the City Manager is hereby authorized to execute on behalf of the City
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II any supplemental loan applications, loan agreements and any and all other documents
necessary to process the loan with the Ohio Environmental Protection Agency.
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II Section 3. That this Resolution be, and the same hereby is, effective upon passage as
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I: provided by Section 4.04(a) of the Revised Charter.
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i' o (L, -to h-r-r, 1996.
Ii Passed this day of
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! Mayor - Presi?w~Qfficrrr " ,
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I .:~ .,y ce~, tt~ thm wpres of tlm Gt-fr;')a1F8,4~~sGlujio;] were posted in t e
, CIty of Oubl1n In accordonw wit', Sef!"cn 731.2'; f( (".:() ~~":jBd Code
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I ATTEST: ~~---~~-
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I (iNk of Couricil, [lublin, Ohio
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, Clerk of Council
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SUPPLEMENT TO
WATER POLLUTION CONTROL LOAN FUND AGREEMENT
This Supplemental Agreement made and entered into as of the 30th day of
January, 1997, by and among the Director of Environmental Protection ("the
Director"), the Ohio Water Development Authority, a body corporate and
politic organized and existing under the provisions of Chapter 6121 of the
Ohio Revised Code, ("OWDA" ) and, together with the Director, (sometimes
collectively known as the "State"), and DUblin, a City organized and existing
under the laws of the state of Ohio (hereinafter referred to as the "LGA"),
and acting pursuant to an ordinance or resolution passed by the legislative
authority thereof on October 21, 1996;
WITNESSETH:
WHEREAS, the State and the LGA have heretofore entered into a Water Pollution
Control Loan Fund Agreement (hereinafter sometimes referred to as the
"original agreement") as of the 27th day of July, 1995 and a Supplemental
Agreement (hereinafter sometimes referred to as the, "first supplemental
agreement") as of the 31st day of October, 1996 pursuant to the laws of Ohio,
and especially Chapter 6111.036 of the Ohio Revised Code; and
WHEREAS, it has been determined that the Eligible Project Costs, as defined
in the original agreement, will exceed the $18,003,000 authorized by the
first supplemental agreement to the original agreement and the State and the
LGA agree to make such additional funds available for the construction of the
Project Facilities, as that term is defined in the original agreement, and
desire to supplement the original agreement for such purpose; and
WHEREAS, the LGA and the State have determined that the maximum Eligible
Project Costs should be increased by $1,713,717 and that the interest rate
for those increased costs should be 4.12%.
'lOW, THEREFORE, in consideration of the premises and the mutual covenants
1erein and in the original agreement contained, the parties hereto do hereby
agree as follows:
Section 1. That Article I, Section. 1.1, Definition (g) of the original
agreement shall be amended by substituting $19,716,717 for $18,003,OUO, as
shown on Exhibit 1, herein incorporated into this supplemental agreement, and
shall otherwise remain unchanged.
Section 2. That Article I, Section 1.1, Definition (d) of the original
agreement shall be amended to read in its entirety:
"'Contract Interest Rate' means the rate of 4.35% per annum as to the first
$13,817,000 disbursed under this agreement and the rate of 4.12% per annum as
to amounts disbursed in excess of $13,817,000."
Section 3. That Article I, Section l.l, Definition (1) of the original
agreement shall be amended to read in its entirety:
"'Participation Charge' means the amount equal to the Eligible Project
Costs multiplied by the Participation Rate. Based on the Eligible Project
Cost amount of $13,8l7,000, a Participation Rate of 0.0376869, and a
semi-annual payment, this amount equals $520,720.52. Based on the additional
eligible project cost amount of $5,899,717, a participation rate of
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0.0369415, and a semi-annual payment, this amount equals $217,944.41 for a
total semi-annual payment of $738,664.93."
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental
Agreement to be executed by their respective duly authorized officers as of
the day and year first.hereinabove written.
APPROVED AS TO FORM OHIO ENVIRONMENTAL PROTECTION AGENCY
by
Counsel Director of Environmental Protection
APPROVED AS TO FORM LGA (~1-~
22~~~-~5L bY~~
ounsel
Authorized Represe tlve
APPROVED AS TO FORM OHIO WATER DEVELOPMENT AUTHORITY
by
General Counsel Executive Director
H:\DOC\DUBLNSP2.SRF
1/97
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WPCLF PROJECT DESCRIPTION 1",.E:!(/-Jl$Jill1.I
Upper Scioto West Interceptor- Part 3 which consists of approximately Recipient Name
6,884 linear feet of 72 inch sanitary sewer constructed in a tunnel, City of Dublin
per Ohio PTI of 2/10/95. First supplement is for change orders 1,2.& 3 Loan Number
and related AlE fees; second supplement is for change order 5. CS391244-03 \
PROJECT COSTS BY TASK Revised January 1997 NON-ELIGffiLE
ELIGffiLE (COLUMBUS SHARE)
A. Administrative I $0.00 $0.00 I
B. . Construction Management I $462,473.00 $970,645.00 I
C. Project Inspection I $242,000.00 $1,453,856.00 I
D. Force Account I $0.00 $0.00 I
E. Construction:
General $16,091,034.00 $0.00
Contract # $0.00 $0.00
Contract # $0.00 $0.00
Contract # $0.00 $0.00
Contract # $0.00 $0.00
Total $16,091,034.00 $0.00
F. Equipment:
Contract # I $0.00 , $0.00
Contract # $0.00 $0.00
Total $0.00 $0.00
G. Land I $0.00 I $0.00
H. Subtotal I $16,795,507.00 I $2,424,501.00
I. Contingency I $1,073,829.00 I $575,499.00
J. Planning Costs I $0.00 I $0.00
K. Design I $1,333,051.56 I $0'.00
L. Capitalized Interest I $514,329.44 I N/A
M. Accrued Interest I $0.00 I N/A
N. Total Estimated Costs I $19,716,717.00 U3,OOO,OOO.00
Signature ~ ~y Date 1/1 rL'17 '
OCT-30-96 WED 8:42 .ft FAX NO. 0000000000 P.02
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SUPPLEMENT TO
WAT:;;R POLLUTION CONTROL LOAN FUND AGREEMENT
This S'Upplementc'l Ag::eement made and entered into as of the 31st day of
Octobert ~996t ly and among the Director of Envircmmental Protection ("the
Oirectorlr), the Ohio Water Oevelopment Authority, a body corporate and
pOlitic organized and existing under the provisior.s of Chapter 6~2~ of the
Ohio Revised CoC'e, ('IQWDA") and, together with the Director, (sometimes
collectively knctl/n au ther1staterr), and Dublin, a City organized and existing
under the laws e,lE th(! state of Ohio (hereinafter referred to as the "LGA"),
and acting pursuant 1:0 an ordinance or resolution passed by the legislative
authority therecf: on october 2~, 1996;
WITNESSETH:
~1HEREAS, the Sta te arid the LGA have heretofore entm:.-ed into a Water Pollution
Control Loan Fun =i Ag):'eement (hereinafter sometimes referred to as the
"original agreement") as of the 27th day of JUly,. ~995 pursuant to the laws
of Ohio, and especially Chapter 6111.036 of the Ohio Revised Code; and
WHEREAS, it has 'bel;1n 1eterx;.ined tha.t the Eligible Proj ect Costs, as defined
in the original .~greenent, will exceed the $~3,817,OOO originally authorized
and the State ani the LGA agree to make such additional funds available for
the construction of the Project Facilities, as that term is defined in the
origin~l agreeme1t, a~d desire to supplement the o~iginal agreement for such
purpose; and
WHEREAS, the LGA al1d 'the state have determined tha t. the maximwn Eligible
Project Costs sh')uld be increased by $4,186,000 and that the interest rate
for those increa;ed costs should be 4.~2%.
WW, THEREFORE, in cO:lsideration of the premises a:.'\d the mutual covenants
lerein and in th:E! oril~inal agreement contained, thl~ parties hereto do hereby
3gree as follows:
Section 1. That Artiole I, Section 1.1, Definition (g) of the original
agreement shall be anll~nded by sUbstituting $18,003,000 for $13,817,000, as
shown on Exhibit 1, hl~rein incorporated in~o this supplemental agreement, and
shall otherwise J:email1 unchanged.
Section 2. That Artic::le I, Section 1.1, Definition Cd) of the original
agreement shall be amrmded to read in its entirety:
II I contract Inte:,:es t Rate' means the rate of 4.35% per annum as to the first
$13,817,000 disbllrsed under this agreement and the rate of 4.12% per annum as
to amounts disbu::.sed in excess of $13,817,000. II
Section 3. 'l'hat AJ:'ti:~le I, Section 1.1, Definition (I) of the original
agreement shall h~ am;mded to read in its entirety~
II 'Participation ChClr:fe t means the amount equal to the Eligible Project
Costs multiplied by t')e Participation Rate. Based on the Eligible Project
Cast amount of $13,817,000, a Participation Rate of 0.0376869, and a
semi-annual payment, 'this amount equals $520,720.52. Based on the additional
eligible project cost amount of $4,lB6,OOO, a participation rate of
.0369415, and a semiuannual payment, this amount equals $154,637.13 for a
Jtal semi-annual pa~nent of $67S,357.65.ft
00T-30-96 WED 8:42 .# FAX NO. 0000000000 P. 03
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IN WITNESS WHER: ~OF-' I I:he parties hereto have caused this Supplemental Agreement
to be executed by thldr respective duly authorized officers as of the day and
year :first here :.nabo'fe written.
APPROVED AS TO 110RM OHIO ENVIHONMENTAL PROTECTION AGENCY
---- A_._..__ :by
Counsel nirectm: of Environmental Protection
APPROVED AS TO FORM LGA ~~~
flY M;\NAGER
--. by ThO{~Qth~ _ c. HS(ls{e~'" DUB!JNI OI~IO
Counsel Authorized Representative
APPROVED AS TO l~ORM OHIO WATER DEVELOPMENT AUTHORITY
.-.----. .-- by
General Counsel Executive Director
H:\DOC\DUBLNSUP.SRF
10/96
OCT-30-9S WED 8:43 .4f FAX NO. 0000000000 P. 05
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WPCLF PROJEC T DESCRIPTION ~--'>~S&E(Uit~~~
,._--.". ... - ~jw%~I.::.". ....~".. ~ ~~::=::
Upper Seioto We H Inten:eptor- Part 3 which consists of approximately Recipient Name
6.884linear feet :::f 72 in:;h sanitary sewer constructed in a tunnel, City of Dublin
per Ohio PTI of 2 '1 0/95. Supplemental loan is for change Loan Number
orders 1.2 & 3 ar d relat.t:d AlE fees. CS391244-D3
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.PROIEC1' COSTS :3Y TASK Revised October 1996 NON-ELlGmLE
ELIGIBLE (COLUMBUS SIIARB)
A. Administ. alive I $O.oo.J l $0.00
B. Construction Management I $462.473.0 OJ I $970,645.00
C. Project Ir Ispect :>0 J $242,00O.0~J I $1.453,856.00
D. Force Ac:;ount I $0.00] I $0.00
E. Construe tton;
General $14,377.317.00 $0.00
Contract ff $0.00 $0.00
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Contract fF $0.00 $0.00
Contract if. $0.00 $0.00
Contract fI $0.00 $0.00
Total $14,3n,317.00 $0.00
F. Equipme nt:
Contract # $O.O6~ $0.00
Contract # $0.00 $0.00
Total $0.06 $0.00
G. Land I $O.O~J I $0.00 J
H. Subtotal $15,081,790.0~J I $2,424,501.00 I
I. Continge ncy $1I073,829.0~] I $575,499.00 1
J. Planning Costs $o.oq] I $0.00 I
K. Design $1,333,051.5tU I $0.00
L. Capitaliz?d Int~!rest I $514,329.4~J l N/A
M. Accrued I ntere.;it I $o.oq] I N/A
N. Total Esllmalelf Costs I $18,0~~IO_~o.oi~J r $3,000,000.00
Signature ~~!~ Datl~ lO!J.l/rb