Resolution 71-12RECORD OF RESOLUTIONS
Nylon Legal lla k, Inc.. Form No.3 15
Resolution No.
SERVICES FOR 2013
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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
_q�— of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the attached Water
Line Locating Service contract for 2013 with the City of Columbus to locate and mark
underground waterlines.
Section 2 . This resolution shall take effect upon adoption in accordance with
Section 4.04(a) of the Revised Charter.
Passed this 16 day of ��L'�° P1! 2012.
i
i
. • cer
ATTEST:
71 -12
Passed 2 0
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE CITY
OF COLUMBUS FOR WATER LINE LOCATING
Clerk of Council
Office of the City Manager
City of Dublin Pho n ne: 614 - 410.4400 • Fax:b614 --410 -4490 1090
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: December 6, 2012
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
Barbara Cox, P.E., Engineering Manager Development
Memo
Re: Resolution 71-12 - Authorizing the City Manager to Enter into an Agreement
with the City of Columbus for Water Line Locating Services for 2013
Summary
On January 23, 2012, Council approved Resolution 08 -12, authorizing the City Manager to enter into
an agreement with the City of Columbus for water line locating services for 2012. This agreement
was for calendar year 2012 only. In order to continue receiving these services, a new agreement is
needed annually.
Columbus provided an updated copy of the agreement for staff's review. Both Engineering and
Legal staff have reviewed the proposed documents. The terms of the agreement and the fee
structure remain unchanged from the 2012 agreement. The need for locating the public water lines
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 water lines. Based on this critical need, the proposed cost, and
the belief that Columbus can provide this service most efficiently, staff recommends continuing to
have Columbus provide this service in our community.
The funding for this agreement is included within the Water Fund, under "miscellaneous contractual
services." For 2012, $45,000 was budgeted for these services, while $60,122.58 has been expended
through the end of October 2012. Two additional invoices will be received for work in November
and December. Due to savings realized in other Water Fund accounts, an internal transfer may be
adequate to cover this shortage. If necessary, the shortage will be included in an additional year-
end appropriation by Finance.
In the 2013 operating budget, $75,000 has been budgeted for this contract in the Water Fund. This
should be an appropriate allowance for the services in 2013. These costs will increase /decrease
seasonally and relative to the amount of construction activity.
Recommendation
Staff recommends Council approve Resolution 71 -12 authorizing the City Manager to enter into an
Agreement with the City of Columbus for Water Line Locating Services for 2013.
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 1/1/2013 to12/31/2013. 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. The City of Dublin shall supply Columbus with
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{H2369943.1 }
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: Director of Engineering
5800 Shier Rings Road
Dublin, Ohio 43016
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 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 City of Dublin 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.
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{H2369943.1 }
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
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 of Dublin, 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. Authority to Bind
The signatories to this Contract represent that they have the authority to bind themselves and their
respective municipalities to this Contract.
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{H2369943.1 }
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
Date
Stephen J. Smith
City Attorney
{H2369943.1 }
FOR COLUMBUS:
Greg Davies
Director of Public Utilities
Approved as to Form:
Date
City Attorney
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EXHIBIT "A"
PRICING- 2013
The following table will be used to calculate charges for services included in this
contract:
Event
New Years Day
January 21
PER TICKET CHARGE
LOCATEOCCURING DURING NORMALWORKING HOURSAS
President's Day
OUTLINED BELOW
$17.40
LOCATE OCCURING AFTER NORMAL WORKING HOURS, ON
Independence Day
SATURDAY, O R A HOLIDAY OBSERVED BY TH E CITY
$ 220.90
LOCATE OCCURING ON SUNDAY
$268.90
Normal Working Hours are 7:00 AM — 3:30 PM, Monday — Friday
Holidays observed by the City in 2013:
January 1
New Years Day
January 21
Martin Luther King Jr. Day
February 18
President's Day
May 27
Memorial Day
July 4
Independence Day
September 2
Labor Day
October 14
Columbus Day
November 28
Thanksgiving Day
December 25
Christmas Day