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Resolution 08-12RECORD OF RESOLUTIONS Inc.. Farm No, 30045 Resolution No. 08 -12 Parsed . 2 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF COLUMBUS FOR WATER LINE LOCATING SERVICES WHEREAS, the City of Dublin and the City of Columbus entered into a contract for water service on April 13, 1993, pursuant to Ordinance 135 -92, passed by Council on January 4, 1992; and WHEREAS, the 2007 Community Plan encourages continued cooperative efforts with the City of Columbus regarding the safe and efficient delivery of high quality potable water to the community for consumption and fire protection; and WHEREAS, the City of Columbus has requested that an additional contract define the terms for providing water line locating services above and beyond those in the 1993 Water Services Agreement; and WHEREAS, the City of Dublin believes that the City of Columbus is the best provider for waterline locating services. NQ�►, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, T / of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the attached Water Line Locating Service contract with the City of Columbus to locate and mark underground water lines. Section 2 . This resolution shall take effect upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this � day of 2012. Mayor - Presid g Officer G �V FUN Office of the City Manager 520 Emerald Prkway * City of Dublin Phone: 614 - 410.4400 • Fax:b614 --410 -4490 1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager h Date: January 19, 2012 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Barbara Cox, P.E., Engineering Manager Development Memo Re: Resolution 08 -12 - Authorizing the City Manager to Enter into an Agreement with the City of Columbus regarding Water Line Locating Services Background In 2007, the City of Columbus Department of Public Utilities (Columbus) informed the suburban communities to which they provide treated water that they were no longer going to perform the service of locating the public waterlines. Their letter indicated that if a community desired to continue receiving this service from the City of Columbus, additional charges, based on an hourly rate, would be incurred. The need for locating the public waterlines is an important element in the operation of the water distribution system. These locations allow contractors working on a project to know where the infrastructure is and thus minimizes the possibility of damage to the public waterlines. Based on this critical need, the proposed cost, and that Columbus can provide this service most efficiently, staff informed Columbus that Dublin would prefer to continue with Columbus providing this service in our community. Staff worked with the City of Columbus to establish an acceptable invoicing method for this service. Dublin has been paying Columbus for this service since December 2007. On average, Dublin pays $2,122 per month. The cost increases /decreases relative to the amount of construction occurring and seasonally. Summary In the spring of 2011, Columbus sent staff a draft Water Line Locating Services contract. Columbus desires to formalize the agreement to provide these services and to establish the payment on a per ticket basis. The change from an hourly rate to a per ticket rate will increase the cost for Dublin. Attached is a chart showing a comparison of the costs for the use of this service in 2011. For 2012, staff included $45,000 in the operating budget within the Water Fund, under , miscellaneous contractual services," for this work. Engineering and legal staff have reviewed this draft contract. The red -lined version attached depicts the changes staff proposed to Columbus. A clean version is also attached for your review. Staff recommends entering into the agreement as Dublin does not have the staff resources (personnel or equipment) to perform this service in -house and because the proposed rate is competitive to what other contractors would charge to perform this work. Recommendation Staff recommends Council approve Resolution 08 -12, authorizing the City Manager to enter into an agreement with the City of Columbus regarding Water Line Locating Services. Resolution 08 -12 - Attachment Price Comparision for Water Line Locating Services for 2011 Month Number of Tickets* Number of Hours* Cost based on Hours ($45 per hour) Cost if paid per Ticket ($17.40 per ticket) Difference January 157 38.43 $1,729.35 $2,731.80 $1,002.45 Feburary 126 33.2 $1,494.00 $2,192.40 $698.40 March 260 42.2 $1,899.00 $4,524.00 $2,625.00 April 404 40.19 $1,808.55 $7,029.60 $5,221.05 May 414 36.98 $1,664.10 $7,203.60 $5,539.50 June 423 37.41 $1,683.45 $7,360.20 $5,676.75 July 449 33.96 $1,528.20 $7,812.60 $6,284.40 August 429 80.03 $3,601.35 $7,464.60 $3,863.25 September 475 72.02 $3,240.90 $8,265.00 $5,024.10 October 482 56.54 $2,544.30 $8,386.80 $5,842.50 November 342 50.76 $2,284.20 $5,950.80 $3,666.60 December" 180 40 $1,800.00 $3,132.00 $1,332.00 F -- Totalsj 4141 1 561.72 $25,277.40 $72,053.40 $46,776.00 * These numbers were taken from actual invoices received in 2011. **We have not received invoicing for December 2011 as of Jan. 11, 2012. Numbers used are an estimate. DRAFT CONTRACT BETWEEN THE CITY OF COLUMBUS AND THE CITY OF DUBLIN FOR WATER LINE LOCATING SERVICES This Contract for Water Line Locating services is entered into by and between the City of Dublin and the City of Columbus, Department of Public Utilities ( "Columbus "). WITNESSETH WHEREAS, the City of Dublin has a need for water line locating services as described herein, and WHEREAS, Columbus is willing to provide these services pursuant to the terms contained herein, NOW, THEREFORE, in consideration of the mutual promises as hereinafter set forth, the parties agree as follows 1. Contract Term The term of this Contract shall be from 1/1/2012 to12/31/2012. This Contact shall not auto - renew. 2. Scope of Services Columbus agrees to locate and mark underground water lines for the City of Dublin pursuant to the conditions contained herein. A. Columbus will receive locate requests from the Ohio Utility Protection Service (OUPS) for underground facilities to be marked within the City of Dublin. Columbus will locate and mark, to the best of its ability, the approximate location of waterlines based on GIS and as -built drawing information provided by the City of Dublin. B. The City of Dublin shall ensure that Columbus has up -to -date GIS (if available) and as -built drawing information throughout the term of this Contract. The City of Dublin acknowledges that Columbus may rely on the GIS and as -built drawings and agrees that that the accuracy of the markings performed by Columbus will depend on the accuracy of the GIS and as -built drawing information provided to Columbus. C. The City of Dublin assumes all liability and, to the extent permitted by law, agrees to indemnify, defend, and hold Columbus harmless for any claims related to any loss or damage, whether to its own property or to the property of third parties, that may result from erroneous or incomplete information regarding the location, size or condition of any water line provided to Columbus. D. Locating and marking of waterlines shall only include The City of Dublin owned water mains and services. The point of demark for waterlines shall be up to and including the curb stop. Locating of customer owned service lines is not part of this contract. E. The City of Dublin shall supply a list of contacts and phone numbers Columbus personnel can utilize for questions. In addition, the City of Dublin shall also provide a 24 -hour non -911 contact number. F. The City of Dublin shall supply uniformed police officers or other qualified personnel for the purpose of traffic control when requested by Columbus and deemed necessary by the City of {H2369943.1 } Dublin. The City of Dublin shall supply Columbus with contact information with whom to set up traffic control. Traffic Control and coordination shall be at no cost to Columbus. G. For any project that the City of Dublin requires a Pre - Construction Meeting, the City of Dublin may invite Columbus to attend. One set of construction drawings, in PDF format, will be made available to Columbus with the invitation. Two sets of construction drawings (11x17) will be made available to Columbus at the Pre - Construction Meeting. H. Locator work hours (standard and overtime) will be in accordance with the current AFSCME Collective Bargaining Agreement in place between Columbus and its employees. 3. Pricing and Payment The charges for services provided under this Contract will be the actual cost incurred by Columbus pursuant to the rates provided in Exhibit A, which is hereby incorporated into this Agreement and which will be amended by Columbus annually. Columbus shall submit invoices to the City of Dublin monthly. The City of Dublin shall pay invoices within thirty days of the date of the invoice. Invoices will be submitted to: City of Dublin Attn: Finance Director 5200 Emerald Parkway Dublin, Ohio 43017 4. Notice Any notice or demand or other communication required or permitted to be given under this Contract or applicable law shall only be effective if it is in writing, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Services as first -class certified mail, postage prepaid and return receipt requested, to the parties at the following addresses: For the City of Dublin: City of Dublin Attn: Director of Engineering 5800 Shier Rings Road Dublin, Ohio 43016 For Columbus: Damage Prevention Manager 910 Dublin Rd Columbus, OH 43215 5. Contract Termination If either the City of Dublin or Columbus violates any material term or condition of this Contract or fails to fulfill in a timely and proper manner its obligations under this Contract, then the aggrieved party shall give the other party (the "responsible party ") written notice of such failure or violation. The responsible party will correct the violation or failure within thirty (30) calendar days or as otherwise mutually agreed. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party. The option to terminate shall be at the sole discretion of the aggrieved party. When it is in the best interest of Columbus or the City of Dublin, either party , may terminate this Contract by providing thirty (30) calendar days written notice to the other party prior to the effective date of termination. If this Contract is so terminated, the [CITYNILLAGE] shall be liable for payment according to the terms of this Contract for services provided by the City prior to the effective date of termination. 6. Applicable Law, Remedies {H2369943.1 } This Contract shall be governed in accordance with the laws of the State of Ohio. All claims, counterclaims, disputes and other matters in question between Columbus, its agents and employees, and the City of Dublin arising out of or relating to this Contract or its breach will be decided in a court of competent jurisdiction within the County of Franklin, State of Ohio. 7. Entire Agreement This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof. Understandings, agreements, representations, or warranties not contained in this Contract, or as written amendment hereto, shall not be binding on either party. Except as provided herein, no alteration of any terms or conditions of this Contract shall be binding on either party without the written consent of both parties. The terms and conditions specified in this Contract shall supersede any terms and conditions which may accompany the City of Dublin's purchase order. 8. Modifications No modification, amendment, alteration, addition or waiver of any section or condition of this Contract shall be effective or binding unless it is in writing and signed by an authorized representative of the Columbus and the City of Dublin and approved by the appropriate City authorities. 9. Nonexclusive Remedies The remedies provided for in this Contract shall not be exclusive but are in addition to all other remedies available under the law. 10. Survivorship All services executed pursuant to the authority of this Contract shall be bound by all of the terms, conditions, prices discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Contract, or any extension thereof. Further, the terms, conditions, and warranties contained in this Contract that by their sense in context are intended to survive this completion of the performance, cancellation or termination of this Contract, shall so survive. 11. Save Harmless To the extent permitted by law, the City of Dublin shall protect, indemnify and save Columbus harmless from and against any damage, cost, or liability, including reasonable attorneys' fees, resulting from claims for any or all injuries to persons or damage to property arising from intentional, willful or negligent acts or omissions of [CITY /VILLAGE], its officers, employees, or agents. To the extent permitted by law, Columbus shall protect, indemnify and save the City of Dublin harmless from and against any damage, cost, or liability, including reasonable attorneys' fees, resulting from claims for any or all injuries to persons or damage to property arising from intentional, willful or negligent acts or omissions of Columbus, its officers, employees, or agents. 12. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application, to this end the terms and conditions for the Contract are declared severable. 13. Assignment and Subcontract Neither party may assign, subcontract, or otherwise transfer this Contract to others without the prior written consent of the other party. If this Contract is so assigned, it shall inure to the benefit of and be binding upon any respective successors and assigns (including successive, as well as immediate, successors and assignees) of the Contractor. 14. Insurance Columbus shall maintain, at its own expense, adequate general liability insurance. Certificates showing that Columbus is carrying this insurance shall be furnished to, and approved by, [CITY /VILLAGE] {H2369943.1 } prior to execution of the Agreement. The certificate shall clearly reflect that the [CITYNILLAGE] is an "Additional Insured ". 14. Authority to Bind The signatories to this Contract represent that they have the authority to bind themselves and their respective municipalities to this Contract. IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year written below. AGREED: FOR CITY OF DUBLIN: Marsha I. Grigsby City Manager Approved As to Form: Dublin City Attorney Date: FOR THE CITY OF COLUMBUS: Director of Public Utilities Date Approved As To Form: Columbus City Attorney {H2369943.1 } DRAFT CONTRACT BETWEEN THE CITY OF COLUMBUS AND rriTVn E4 HE CITY OF DUBLIN This Contract for Water Line Locating services is entered into by and between �t ^"� -}the City of Dublin and the City of Columbus, Department of Public Utilities ( "Columbus "). WITNESSETH WHEREAS, the City of Dublin has a need for water line locating services as described herein; and WHEREAS, Columbus is willing to provide these services pursuant to the terms contained herein; NOW, THEREFORE, in consideration of the mutual promises as hereinafter set forth, the parties agree as follows: 1. Contract Term The term of this Contract shall be from _ 1/1/2012 t 12/31/2012 This Contact shall not auto-renew. 2. Scope of Services Columbus agrees to locate and mark underground water lines for r"'T"^'" ' ^X - ,Rhe Citv of Dublin pursuant to the conditions contained herein. A. Columbus will receive locate requests from the Ohio Utility Protection Service (OUPS) for underground facilities to be marked within the Cit of Dublin. Columbus will locate and mark, to the best of its ability, the approximate location of waterlines based on GIS and as -built drawing information provided by [Q4 4. I ^"-E4he City of Dublin B rT"^ -�,-lI ^eE4 The Citv of Dublin shall ensure that Columbus has up -to -date GIS (if available) and as -built drawing information throughout the term of this Contract. The Cit of Dublin acknowledges that Columbus may rely on the GIS and as -built drawings and agrees that that the accuracy of the markings performed by Columbus will depend on the accuracy of the GIS and as -built drawing information provided to Columbus. C. The Cit of Dublin assumes all liability and to the extent permitted by law, agrees to indemnify, defend, and hold Columbus harmless for any claims related to any loss or damage, whether to its own property or to the property of third parties, that may result from erroneous or incomplete information regarding the location, size or condition of any water line provided to Columbus. D. Locating and marking of waterlines shall only include r"'T" ^'�.,' ^,tee -The Citv of Dublin owned water mains and services. The point of demark for waterlines shall be up to and including the curb stop. Locating of customer owned service lines is not part of this contract. E. The Cit of Dublin shall supply a list of contacts and phone numbers Columbus personnel can utilize for questions. In addition, the Cit of Dublin shall also provide a 24 -hour non -911 contact number. Ix2369943.13 F [Q:P4 '" I ^GE+The City _ of Dublin shall supply uniformed police officers or other qualified personnel for the purpose of traffic control when requested by Columbus and deemed necessary by JGtTYA"�F;the City of Dublin �TY-NILLAGEiThe City of Dublin shall supply Columbus with contact information with whom to set up traffic control. Traffic Control and coordination shall be at no cost to Columbus. G. For any project that the Cit of Dublin requires a Pre - Construction Meeting, f94- '' ^°°the City of Dublin may invite Columbus °h°" F°^°" R "tAt OR t attend. One set of construction drawings, in PDF format, will be made available to Columbus with the invitation. Two sets of construction drawings (11x17) will be made available to Columbus at the Pre - Construction Meeting. H. Locator work hours (standard and overtime) will be in accordance with the current AFSCME Collective Bargaining Agreement in place between Columbus and its employees. 3. Pricing and Payment The charges for services provided under this Contract will be the actual cost incurred by Columbus pursuant to the rates provided in Exhibit A, which is hereby incorporated into this Agreement and which will be amended by Columbus annually. Columbus shall submit invoices to the Cit of Dublin monthly. The Cit of Dublin shall pay invoices within thirty days of the date of the invoice. Invoices will be submitted to _A EC_ity of Dublin Attn: Finance Director ADDR-ESS Emerald Parkway Dublin, Ohio 43017 4. Notice Any notice or demand or other communication required or permitted to be given under this Contract or applicable law shall only be effective if it is in writing, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Services as first -class certified mail, postage prepaid and return receipt requested, to the parties at the following addresses: For [Q:P' '" I ^X - ,Rhe City of Dublin City of Dublin Attn: Director of Engineering 5800 Shier Rings Road Dublin, Ohio 43016 For Columbus: _Damage Prevention Manager 910 Dublin Rd Columbus, OH 43215 5. Contract Termination If either [G;TY ILLAGE -}the City _ of Dublin or Columbus violates any material term or condition of this Contract or fails to fulfill in a timely and proper manner its obligations under this Contract, then the aggrieved party shall give the other party (the "responsible party') written notice of such failure or violation. The responsible party will correct the violation or failure within thirty (30) calendar days or as otherwise mutually agreed. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party. The option to terminate shall be at the sole discretion of the aggrieved party. When it is in the best interest of Columbus or the 1C ' T � ^ " �' ^ ° °C ^° °City of Dublin, either party 48 Sekimbee, Col urabesmay terminate this Contract by providing thirty (30) calendar days written notice to - - - - I Formatted: Indent: Left: 2.5' - - - - J Formatted: Indent: Left: P' (X2369943.1) the [QT"�.�, ^"' ^,�e- other party prior to the effective date of termination. If this Contract is so terminated, the [C I TYNIL LAG E] shall be liable for payment according to the terms of this Contract for services provided by the City prior to the effective date of termination. 6. Applicable Law, Remedies This Contract shall be governed in accordance with the laws of the State of Ohio. All claims, counterclaims, disputes and other matters in question between Columbus, its agents and employees, and [QT-"4 '" ' ^rE—]the City of Dublin arising out of or relating to this Contract or its breach will be decided in a court of competent jurisdiction within the County of Franklin, State of Ohio. 7. Entire Agreement This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof. Understandings, agreements, representations, or warranties not contained in this Contract, or as written amendment hereto, shall not be binding on either party. Except as provided herein, no alteration of any terms or conditions of this Contract shall be binding on either party without the written consent of both parties. The terms and conditions specified in this Contract shall supersede any terms and conditions which may accompany rT"^"�"'� ''�^ City_ of Dublin's purchase order. 8. Modifications No modification, amendment, alteration, addition or waiver of any section or condition of this Contract shall be effective or binding unless it is in writing and signed by an authorized representative of the Columbus and [9 City_ of Dublin and approved by the appropriate City authorities. 9. Nonexclusive Remedies The remedies provided for in this Contract shall not be exclusive but are in addition to all other remedies available under the law. 10. Survivorship All services executed pursuant to the authority of this Contract shall be bound by all of the terms, conditions, prices discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Contract, or any extension thereof. Further, the terms, conditions, and warranties contained in this Contract that by their sense in context are intended to survive this completion of the performance, cancellation or termination of this Contract, shall so survive. 11. Save Harmless To the extent permitted by law, r"'T" ^'" ^"- E—]the City_ of Dublin shall protect, indemnify and save Columbus harmless from and against any damage, cost, or liability, including reasonable attorneys' fees, resulting from claims for any or all injuries to persons or damage to property arising from intentional, willful or negligent acts or omissions of [CITYNILLAGE], its officers, employees, or agents. To the extent permitted by law. Columbus shall protect, indemnify and save' .^'�the City of Dublin harmless from and against any damage, cost, or liability, including reasonable attorneys' fees, resulting from claims for any or all injuries to persons or damage to property arising from intentional, willful or negligent acts or omissions of Columbus, its officers, employees, or agents. 12. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions for the Contract are declared severable. 13. Assignment and Subcontract Neither party may assign subcontract, or otherwise transfer this Contract to others without the prior written consent of the other party. If this Contract is so assigned, it shall inure to the benefit of and be binding upon any respective successors and assigns (including successive, as well as immediate, successors and assignees) of the Contractor. tx2369943.13 showing that Columbus is carrying this insurance shall be furnished to, and approved bv. ICITYNILLAGEI prior to execution of the Agreement. The certifcateshalI clearly reflect that the ICITYNIL LAG Eli an "Additional Insured ". m , 14. Authority to Bind The signatories to this Contract represent that they have the authority to bind themselves and their respective municipalities to this Contract. IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year written below. AGREED: FOR rriTVnn�ITY OF DUBLIN: •-Marsha I. Grigsby '" and-�^" T"'84 I DAW Approved As to Form: City Attomev FOR THE CITY OF COLUMBUS: Approved As To Form: Director of Public Utilities Date Columbus City Attorney tH236994i i ).