The City of Huron, Ohio 417 Main St. Huron, OH 44839 www.cityofhuron.org Office (419) 433-5000 Fax (419) 433-5120 Agenda for the regular session of City Council August 23, 2016 at 6:30p.m. I. Call to order Moment of Silence followed by the Pledge of Allegiance to the Flag II. Roll Call of City Council III. Approval of Minutes Regular meeting minutes of August 9, 2016 IV. Audience Comments Citizens may address their concerns to City Council. Please state your name and address for the recorded journal. (3 minute limit) V. Old Business Resolution 2016- 63 A resolution amending Resolution 2015-23 pertaining to the lease of city owned property to 357 LTD (I5’s) (Tabled on 8-9-16) VI. New Business Resolution 2016-65 A resolution amending Resolution 2016-43, authorizing Change Order No. 1 from D & M Painting Corporation relative to the Rye Beach Elevated Water Tower Painting Project. Resolution 2016-66 A resolution approving the request from the Huron Public Library for the placement of advertising signage in the median area. Resolution 2016-67 A resolution authorizing the submission of a grant application to OPWC for potential funding relative to the Adams Ave-Fabens Park Entrance Improvement Project. Resolution 2016-68 A resolution authorizing an agreement with the Lorain Port Authority relative to Jet Express excursions. Resolution 2016-69 A resolution awarding the bid to Dellinger Excavating Inc. relative to the Fabens Park Michigan Left (median crossover) Project. Ordinance 2016-20 Appropriations VII. City Manager’s Discussion VIII. Mayor’s Discussion IX. For the Good of the Order X. Executive Session XI. Adjournment
I. Call to order Moment of Silence followed by the Pledge of Allegiance to the Flag
II. Roll Call of City Council
III. Approval of Minutes Regular meeting minutes of August 9, 2016
IV. Audience Comments Citizens may address their concerns to City Council. Please state your name and address for the recorded journal. (3 minute limit)
V. Old Business Resolution 2016- 63 A resolution amending Resolution 2015-23 pertaining to the lease of city owned property to 357 LTD (I5’s) (Tabled on 8-9-16)
VI. New Business Resolution 2016-65 A resolution amending Resolution 2016-43, authorizing Change Order No. 1 from D & M Painting Corporation relative to the Rye Beach Elevated Water Tower Painting
Project. Resolution 2016-66 A resolution approving the request from the Huron Public Library for the placement of
advertising signage in the median area. Resolution 2016-67 A resolution authorizing the submission of a grant application to OPWC for potential
funding relative to the Adams Ave-Fabens Park Entrance Improvement Project. Resolution 2016-68 A resolution authorizing an agreement with the Lorain Port Authority relative to Jet
Express excursions. Resolution 2016-69 A resolution awarding the bid to Dellinger Excavating Inc. relative to the Fabens Park
Michigan Left (median crossover) Project. Ordinance 2016-20 Appropriations
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2016-63 DATE: August 2, 2016 Subject Matter/Background Resolution 2016-63 pertained to an amendment to the existing agreement with 357 LTD (i-5’s) which is requesting an amendment of the existing lease agreement to expand the footprint of leased city property by an additional 200 sq. ft. Resolution 2016-63 was introduced, discussed and tabled at the August 9, 2016 meeting to allow administration to make changes to the agreement as directed by Council. The Administration has produced an amended lease agreement in an effort to respond to council’s concerns while meeting council’s objective for increased economic development within the City. 357 Ltd. has provided a survey which outlines the requested 200 square feet expansion for the purpose of the construction of outdoor serving area. The expansion is sufficient to accommodate the serving area without reducing the amount of outdoor seating. The involved property does not conflict with any anticipated plans for development or City activities. Additionally, the expansion does not pose a safety concern for access along the walkway for public safety forces. The expanded lease area does not affect the public access to any other tenant of the property. The area which is subject to the current lease is approximately 1,500 square feet. The current lease cost is $2,400.00 per year. 357 Ltd. has paid the lease cost for 2016 If approved, 357 Ltd. would submit to the Administration a site plan detailing the proposed modifications for approval. It is anticipated that if approved, the improvements will be commenced in 2016 for use in 2017. Financial Review As noted, the payment due for 2016 per the terms of the current contract ($2,400) has been receipted. The 2017 budget review would incorporate the revenue from the amended lease at the increased amount. Legal Review In response to the discussions at the August 09, 2016 meeting an amended and restated lease agreement has been completed for your consideration. The amended terms are as follows:
• Section 3 – the rental amount for 2017 is $2,720, or an increase of $320.00. The current lease provides for approximately $1.60 per square foot of leased space. The 200 square foot expansion has been addressed using the same formula accounting for the increased cost.
• Section 7 – any proposed site improvements will require approval by the Planning
Commission and City Council prior to being permitted. The remaining terms of the Lease remain unchanged. The term of this Lease expires on December 31, 2017 at which point a new lease will need to be renegotiated. Any improvements made to the site will either remain the property of the City following termination or will be removed by the Lessee without damage to City property. If approved, the City will continue to work with 357 Ltd. in the site
plan review process. Following decision by the Design Review Board and Planning Commission, the Administration would present to City Council proposed site plan improvements for your consideration. The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If the Council is in support of the request, a motion to adopt Resolution No. 2016-63 is in order.
RESOLUTION NO. 2016-63
A RESOLUTION AMENDING RESOLUTION 2015-53, ADOPTED MARCH 10, 2015 AUTHORIZING THE CITY MANAGER TO AMEND THE CURRENT LEASE AGREEMENT WITH 357 LTD., LLC TO INCORPORATE A REVISED EXHIBIT REFLECTING AN EXPANSION TO THE PORTION OF CITY OWNED PROPERTY BEING LEASED LOCATED ON THE GROUNDS AND WALKWAYS SURROUNDING THE CITY’S SMALL BOAT MOORING BASIN BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1: That the City Manager be, and he hereby is, authorized and directed to enter into an amended Lease Agreement with 357, Ltd., LLC to reflect an expansion of the leased area located on the grounds and walkways surrounding the City’s Small Boat Mooring Basin, which Lease Agreement shall be in substantially the form of Exhibit “A” attached hereto and made a part hereof.
SECTION 2: That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22 SECTION 3: That this Resolution shall be in full force and effect immediately upon its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:
AMENDED AND RESTATED LEASE AGREEMENT
This Amended Lease Agreement is made between and among the City of Huron, Ohio, a municipal corporation of Erie County, Ohio, hereinafter called “City” and 357, Ltd., LLC, hereinafter collectively called “Lessees”, for the purpose of leasing to Lessees a portion of the grounds and walkways owned by the City surrounding the City’s Small Boat Mooring Basin. WHEREAS, the City and Lessee entered into a Lease Agreement on March 10, 2015 and ratified by the City in Resolution 2015-23; and,
WHEREAS, the purpose of the Lease Agreement was to allow Lessee to utilize Unit(s) in the Anchorpoint Condominium in the operation of a restaurant/tavern business known as “I-5’s”, such facility being adjacent to the grounds and walkways surrounding the City’s Small Boat Mooring Basin and wishes to lease a portion of those grounds and walkways for outside service in connection with such business;
WHEREAS, Lessee desires to expand and improve upon the property that is subject to the current Lease Agreement; and,
WHEREAS, the Parties have met and agreed that it would be mutually beneficial to amend and restate the existing agreement. NOW, THEREFORE, the parties agree as follows:
1. The City hereby leases unto Lessees that portion of the grounds and walkways surrounding its Small Boat Mooring Basin depicted in Exhibit “A” attached hereto and made a part hereof.
2. The term of this Lease Agreement shall be effective April 1, 2015 and shall terminate
on December 31, 2017. Lessees shall be afforded a right of first refusal for a successive Lease of the property upon expiration of this Agreement. This right shall extend no later than one calendar year from expiration; and shall be void in the event that Lessee breach any article stated herein during the stated term of this Agreement or renewal of this Agreement.
3. The Parties acknowledge that Lessee has satisfied the rent for the 2016 calendar year
in the amount of Two Thousand Four Hundred Dollars ($2,400.00) which was payable in three equal installments of Eight Hundred Dollars ($800.00) on the first day of June, July, and August. In consideration for the expansion of the leased property for 2017 the annual rent shall be Two Thousand Seven Hundred and Twenty Dollars ($2,720.00) which is payable in three equal installments of Nine Hundred and Six Dollars and Sixty-six cents ($906.66) on the first day of June, July, and August.
4. Lessees shall save the City harmless and indemnify the City against any and all liability for personal injury, property damage or for loss of life or property resulting from, or in any way connected with, the condition or use of the premises, including
but not limited to all acts or claims arising or claimed to arise in connection with Lessees’ operation of it’s restaurant/tavern business.
As further security for this indemnification, Lessees shall obtain and keep in full force and effect during the term of this Lease, general liability insurance, including Liquor Liability coverage, with limits of as least Two Million Dollars ($2,000,000.00) for personal injury or death and Two Hundred Fifty Thousand Dollars ($250,000.00) property damage. The City shall be listed as an additional insured and shall be given at least thirty (30) days written notification of an intent to cancel. Lessees shall provide the City Manager with a Certificate from the insurance company attesting to the existence of such insurance, its term and proof of payment of the premium. The delivery of such Certificate and the maintenance of such policy or policies in good standing shall be a specific condition of this Lease, and if, at any time, such Certificate and the insurance it represents shall lapse, Lessees’ right to occupy the leased property shall immediately cease and Lessee shall vacate the same. The provisions of this paragraph 4 shall survive the Term of this Lease Agreement.
5. Lessees shall abide by all rules and regulations of the Ohio Department of Liquor
Control, the Health Departments of the State of Ohio and the County of Erie and shall abide by all federal, state and local laws and regulations and shall keep all areas of the leased property and the improvements installed thereon in good repair and in a clean and sanitary condition, free and clear of all hazards and debris. Lessees shall take all steps to keep vermin, stray animals and pests away from and off the leased premises.
6. Either party, during the term of this lease, or any extension or renewal thereof, may
terminate this lease by notice, in writing, to the other party delivered sixty (60) days prior to the date of termination, in which case, the rent shall be prorated to the date of termination.
7. Lessee shall be required to submit to the City of Huron Planning Commission site
plan renderings for structural improvements proposed for the Property. The City Council retains final discretion in the approval of structural improvements to the land which is subject to the Lease Agreement.
8. Upon termination, at the option of the City, the improvements maintained by Lessees
shall become the property of the City without compensation to the Lessees or shall be removed by the Lessees and the property restored, as nearly as possible, to its condition existing prior to those improvements.
9. 357 Ltd., LLC, Jaron M. Caldwell, and Shane M. Blessing acknowledge each entity
and/or individual is receiving significant benefit from this Lease Agreement, either as a corporation, Limited Liability Company or in their individual capacities due to their ownership of units and shares of stock. Each such entity and/or individual shall be jointly and severally liable for the obligations of Lessees hereunder.
IN WITNESS WHEREOF, the parties have executed duplicates hereof this ___ day of
_____________, 2016.
In the Presence of: THE CITY OF HURON, OHIO Andrew D. White, City Manager As to all Lessees LESSEES: 357 Ltd., LLC By___________ Jaron M. Caldwell By____________________________ Shane M. Blessing APPROVED AS TO FORM: Laura E. Alkire Law Director
EXHIBIT "A"
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2016-65 DATE: August 15, 2016 Subject Matter/Background Resolution 2016-65 will authorize Change Order No. 1 with D & M Painting Corporation relative to the Rye Beach Elevated Water Tower Painting Project in the increased amount of $8,297.25 for the replacement of a corroded vent opening. This was reported to Burgess & Niple, the contracted engineer on the project, who verified the need for replacement. As you will recall, the bid award for the project (Resolution 2016-43) totaled $274,100. Upon authorization of this change order, the total project cost would be $282,397.25. Financial Review The Rye Beach Elevated Water Tower Painting Project has been appropriated in the Water Capital Projects Fund per Resolution 2016-43. The increased cost per the change order in the amount of $8,297.25 can be accommodated with the projected ending balance in the amount of $270,558.61 and has been included with the appropriation legislation Ordinance 2016-20. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If Council is in support of the request, a motion to adopt Resolution No. 2016-65 is in order.
RESOLUTION NO. 2016-65
A RESOLUTION AMENDING RESOLUTION 2016-43 ADOPTED APRIL 26, 2016 AUTHORIZING CHANGE ORDER NO. 1 WITH D & M PAINTING CORPORATION FOR LABOR AND MATERIALS RELATED TO THE RYE BEACH ELEVATED WATER STORAGE TANK PAINTING PROJECT IN THE INCREASED AMOUNT OF EIGHT THOUSAND TWO HUNDRED NINETY SEVEN AND 25/100 DOLLARS ($8,297.25)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That the Council of the City of Huron authorizes and directs the City Manager to accept Change Order No. 1 from D &M Painting Corporation pertaining to the Rye Beach Elevated Water Storage Tank Painting Project in the increased amount of Eight Thousand Two Hundred Ninety Seven and 25/100 Dollars ($8,297.25); Change Order No. 1 shall be in substantially the form of Exhibit “A” attached hereto and made a part hereof. SECTION 2. That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22. SECTION 3. That this Resolution shall be in full force and effect from and immediately after its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:
EXHIBIT "A"
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2016-66 DATE: August 15, 2016 Subject Matter/Background This resolution authorizes the request of the Huron Public Library to display advertising signage in the median area to promote their book sale. If approved, signage will be displayed from September 9th through September 11, 2016. Exhibit “A” details the signage description and provides information relating to the fundraising efforts and programming of the Huron Public Library. Financial Review N/A
Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If Council is in support of the request, a motion to adopt Resolution No. 2016-66 is in order.
RESOLUTION NO. 2016-66
A RESOLUTION AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY OF HURON, OHIO, TO SUPPORT THE REQUEST OF THE HURON PUBLIC LIBRARY FOR THE PLACEMENT OF EVENT SIGNAGE IN THE MEDIAN AREA PROMOTING THEIR BOOK SALE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. The City Manager is authorized on behalf of the City of Huron, Ohio to support the request of the Huron Public Library to place advertising signage in support of their book sale in the median area from September 9, 2016 through September 11, 2016, said request to be substantially in the form of Exhibit "A" attached hereto and made a part hereof.
SECTION 2. That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of the Council and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22. SECTION 3. This Resolution shall be in full force and effect from and immediately following its adoption. Brad Hartung, Mayor ATTEST:
Clerk of Council ADOPTED:
EXHIBIT "A"
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2016-67 DATE: August 15, 2016 Subject Matter/Background Resolution 2016-67 will authorize the Engineering Department to submit a grant application to the OPWC for potential grant funding related to the Fabens Park- Adam Avenue Entrance Improvement Project. As explained by the City Engineer within a legislative request: Engineering is seeking City Council approval to submit an Ohio Public Works (OPWC) funding application for the Adam’s Avenue Fabens Park Entrance Improvement project. Applications are due on September 9th and if successful, we estimate would be awarded early 2017. The project budget is $260,186.58 which includes design, inspection and contingency. In our funding application we would ask for a 35%/65% split which would fund the project using $91,065.30 in city costs and $169,121.28 in OPWC funding. The scope of this project would include:
• Removal of the existing island and swing gate near Adams/Taylor Avenues • Installation of a new culvert and headwalls in the creek. • Installation of new asphalt paving in the form of a 2-lane entrance into the park over the new
creek culvert. • Removal of existing asphalt parking area on East side of the creek. • Installation of a new 8’ wide concrete walkway/bikeway that connects to the existing 8’
trailhead along Adams Avenue and crosses the creek to connect into the Fabens park walk path.
This project was specifically mentioned in traffic studies commissioned by the city in 2014 and in correspondence with ODOT during the approval of the Michigan Left project as an important and necessary companion to the Michigan left project and has also received the support of Police, Fire, Parks and local residents. Attachments: Engineer’s Project Estimate, Preliminary Plan Financial Review There is no budgetary impact associated with the application, however, should grant funding be awarded, an appropriation to the budget would be required. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If Council is in support of the request, a motion to adopt Resolution No. 2016-67 is in order.
55 SPECIAL LANDSCAPING (INCLUDES TREE REMOVAL) 1 LUMP 2,000.00$ 2,000.00$
56 SPECIAL MISCELLANEOUS REMOVAL 1 LUMP 1,000.00$ 1,000.00$
46,400.00$
3,400.00$
59,000.00$
37,990.00$
17,250.00$
164,040.00$
16,404.00$
24,606.00$
205,050.00$
ROADWAY
ENGINEERS COST ESTIMATE SUMMARY
ROADWAY
EROSION CONTROL
DRAINAGE
PAVEMENT
MISCELLANEOUS
ENGINEERING + INSPECTION (15%)
TOTAL CONSTRUCTION COST ESTIMATE
TOTAL COST ESTIMATE
EROSION CONTROL
DRAINAGE
PAVEMENT
MISCELLANEOUS
CONTINGENCIES (10%)
RESOLUTION NO. 2016-67 A RESOLUTION AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE ENGINEERING DEPARTMENT, TO FILE A GRANT APPLICATION TO THE OHIO PUBLIC WORKS COMMISSION (OPWC) FOR POTENTIAL GRANT FUNDING RELATED TO THE ADAMS AVENUE-FABENS PARK ENTRANCE IMPROVEMENT PROJECT. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON AS FOLLOWS:
SECTION 1. That the Council of the City of Huron authorizes and directs the City Manager, on behalf of the Engineering Department, to file a grant application through OPWC to become eligible for potential grant funding relative to the Adams Avenue-Fabens Park Entrance Improvement Project.
SECTION 2. That this Council hereby finds and determines that all formal actions
relative to the adoption of this Resolution were taken in an open meeting of the Council and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22 of the Revised Code SECTION 3. That this Resolution shall go into effect and be in full force and effect immediately upon its passage. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED: __________________________
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2016-68 DATE: August 15, 2016 Subject Matter/Background This resolution authorizes an agreement with the Lorain Port Authority for the provision of two (2) excursions from Huron in an amount not to exceed $2,000. Administration has recommended that the service continue as feedback from the community in the previous years was positive and the excursions provide yet another amenity for the public. Administration is again recommending, limiting service to two (2) excursions in order to keep costs contained. Resolution 2016-68 specifically authorizes the agreement between the city and the Lorain County Port Authority to proceed with two trips: Tentative dates being discussed: September 18 and October 2, 2016; both for Browns games. Financial Review The $2,000 expense for this agreement was included in the General Fund 2016 Municipal Budget. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. The Agreement protects the city through the provision of liability and casualty insurance during periods of dockage on city property. The Agreement absolves the city from any liability connected with the operation of the excursion service when not in the action of docking. Recommendation If Council is in support of the request, a motion to adopt Resolution No. 2016-68 is in order.
RESOLUTION NO. 2016-68
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE LORAIN PORT AUTHORITY FOR THE PROVISION OF TWO (2) JET EXPRESS EXCURSIONS IN AN AMOUNT NOT TO EXCEED TWO THOUSAND AND 00/100 DOLLARS ($2,000.00)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That the City Manager be, and he hereby is, authorized and directed to enter into an agreement with the Lorain Port Authority for the provision of two Jet Express excursions to be held in September and October of 2016 as specified within the agreement in an amount not to exceed Two Thousand and 00/100 Dollars ($2,000.00), which agreement shall be substantially in the form of Exhibit “A” attached hereto and made a part hereof. SECTION 2. That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22. SECTION 3. That this Resolution shall be in full force and effect from and immediately after its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:
Exhibit “A”
Cooperative Agreement Between the Lorain Port Authority and the
City of Huron, Ohio
WHEREAS, it is the desire of the LORAIN PORT AUTHORITY (hereinafter “Port
Authority”) and the CITY OF HURON (hereinafter “City”), a charter municipality, to work
cooperatively for the provision of ferry excursion vessel services to and from the City of Huron for the
2016 season; and,
WHEREAS, the Lorain Port Authority and Put-in-Bay Boat Lines as owners of “Jet Express IV”
are desirous of providing said service to the City of Huron, Ohio for the 2016 season.
NOW THEREFORE, in consideration of the mutual promises of the Port Authority and the
City, it is agreed as follows:
(1) The City agrees to provide the Port Authority and Put-in-Bay Boat Lines a License to utilize the
City’s shoreline and dockage facilities at mutually agreed upon locations and times to dock the
Jet Express IV for the purpose of providing excursion service to and from the City to
Lorain/Cleveland via the Jet Express IV.
(2) For the 2016 season the Port agrees to provide excursion service as noted in Section 1 a total of
two (2) times during the months of September and October 2016, and at such times and
destinations as mutually agreed upon by both parties. Additional excursions proposed may be
added, subject to mutual agreement of all parties involved.
(3) The City shall not charge a fee for said License. In exchange for this License, the Port Authority
agrees that the costs per passenger shall be the same as currently established by the Port Authority
for service out of the Port of Lorain. Pursuant to the terms of this Agreement the City agrees to
subsidize the cost of fuel at a rate of $965.00 per excursion. Absent mutual agreement from both
parties, the total cost of this Agreement shall not exceed $2,000.00.
(4) The City agrees to provide reasonable access to dockage and mooring facilities along the Huron
River to accommodate the loading and unloading of the Jet Express IV.
(5) Both parties agree to maintain liability and casualty insurance during the period of this
Agreement in the amount of $1,000,000.00 per occasion/individual and $5,000,000.00 in
aggregate. The City shall not be liable and the Port shall indemnify the City of any and all claims
arising when the Jet Express IV is not docked on City property.
(6) Nothing in this Agreement shall prohibit the parties from entering into special group excursions
i.e., company outings, events, In the event that such arrangements are necessary, the City shall
coordinate with the Port and schedule through the Jet Express.
Exhibit “A”
(7) The Parties agree that the terms and conditions set forth herein are severable and separate, and the
unenforceability of any specific covenant or condition shall not result in the unenforceability of
the rest of the Agreement. The covenants and conditions of this Agreement shall be construed as
a contract independent of any other provision.
(8) This Agreement represents the entire Agreement and understanding between the City and the Port
with respect to the subject matter contained herein. This Agreement supersedes all prior
agreements and understandings, whether written, oral, or implied between the parties and with
respect to the subject matter contained herein.
IN WITNESS WHEREOF the parties have hereunto set their names, the CITY by the signature
of the City Manager, and the Port Authority, this ____ day of __________, 2016.
_________________________________ _________________________________ Andrew D. White, City Manager Richard M. Novak, Executive Director City of Huron Lorain Port Authority Approved to as to form: Approved to as to form: _________________________________ _________________________________ Law Director, City of Huron General Counsel, Lorain Port Authority
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Resolution 2016-69 DATE: August 19, 2016 Subject Matter/Background Resolution 2016-69 will award the bid to Dellinger Excavating Incorporated for the Fabens Park Michigan Left Project in the amount of $341,340.78. As explained by the City Engineer within a legislative request: Two bids for the Fabens Park Michigan Left Project were received on 8/19/16 at 2:00pm. We recommend award of the project contract to Dellinger Excavating Inc. in an amount not to exceed $341,340.78. The Engineer’s estimate for this project was $417,460.00. The project scope includes the construction two asphalt paved median crossings in the median of US6 and the tapered widening of US6 in these two locations to allow for access to both Westbound and Eastbound US6 from Fabens Park and access into Fabens Park from West and Eastbound lanes of US6. This project was successful in receiving $247,730 in federal transportation improvement program funding through the ERPC and Erie County MPO. In June of this year we were successful in receiving an additional $80,270 in funding through the same source for a total of $328,000 which results in an 80%/20% funding split between federal funding and local match. Attachments: Fabens Park Michigan Left Bid Tabulation Financial Review The Michigan Left Project was included within the Various Purpose Note Series, 2016 passed by city council July 12, 2016 Ordinance 2016-14. The estimated costs have been appropriated and approved by city council August 9, 2016 -Ordinance 2016-19 within the Capital Improvement Fund. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation If Council is in support of the request, a motion to adopt Resolution No. 2016-69 is in order.
FABENS PARK (MICHIGAN LEFT) CITY OF HURON
REF. ODOT TOTAL LABOR MAT'L TOTAL LABOR MAT'L TOTALNO. ITEM ITEM DESCRIPTION QNTY UNIT UNIT UNIT UNIT BID ITEM TOTAL UNIT UNIT UNIT BID ITEM TOTAL
TRAFFIC CONTROL700 630 GROUND MOUNTED SUPPORT, NO. 3 POST 478 FT 5.00$ 3.00$ 8.00$ $3,824.00 4.00$ 3.00$ 7.00$ $3,346.00701 630 SIGN, FLAT SHEET 296 SF 6.00$ 7.00$ 13.00$ $3,848.00 10.00$ 6.00$ 16.00$ $4,736.00702 630 REMOVAL OF GROUND MOUNTED SIGN AND STORAGE 4 EACH 15.00$ -$ 15.00$ $60.00 25.00$ -$ 25.00$ $100.00703 630 REMOVAL OF GROUND MOUNTED POST SUPPORT AND DISPOSAL 4 EACH 10.00$ -$ 10.00$ $40.00 30.00$ -$ 30.00$ $120.00704 644 EDGE LINE, 4" 1.02 MILE 4,382.50$ 4,382.50$ 8,765.00$ $8,940.30 2,000.00$ 1,000.00$ 3,000.00$ $3,060.00705 644 LANE LINE, 4" 0.65 MILE 1,095.00$ 1,095.00$ 2,190.00$ $1,423.50 1,100.00$ 1,000.00$ 2,100.00$ $1,365.00706 644 CHANNELIZING LINE, 8" 948 FT 1.35$ 2.00$ 3.35$ $3,175.80 1.00$ 0.55$ 1.55$ $1,469.40707 644 STOP LINE 40 FT 5.00$ 5.00$ 10.00$ $400.00 4.00$ 2.25$ 6.25$ $250.00708 644 TRANSVERSE/DIAGONAL LINE 83 FT 5.00$ 5.00$ 10.00$ $830.00 4.00$ 2.25$ 6.25$ $518.75709 644 LANE ARROW 14 EACH 45.00$ 40.00$ 85.00$ $1,190.00 60.00$ 30.00$ 90.00$ $1,260.00
MAINTENANCE OF TRAFFIC750 614 LAW ENFORCEMENT OFFICER WITH PATROL CAR FOR ASSISTANCE 10 HOUR $ $ 50.00$ 500.00$ $ $ 50.00$ 500.00$ 754 614 WORK ZONE EDGE LINE, CLASS III, 642 PAINT 1.55 MILE 1,290.00$ 1,290.00$ 2,580.00$ $3,999.00 1,600.00$ 1,000.00$ 2,600.00$ $4,030.00755 616 WATER 3 MGAL 0.50$ 0.50$ 1.00$ $3.00 40.00$ 20.00$ 60.00$ $180.00
MISCELLANEOUS900 614 MAINTAINING TRAFFIC 1 LS 20,000.00$ 7,117.00$ 27,117.00$ $27,117.00 25,100.00$ 5,000.00$ 30,100.00$ $30,100.00901 623 CONSTRUCTION LAYOUT STAKES AND SURVEYING 1 LS 2,000.00$ 1,000.00$ 3,000.00$ $3,000.00 6,800.00$ 90.00$ 6,890.00$ $6,890.00902 624 MOBILIZATION 1 LS 18,000.00$ -$ 18,000.00$ $18,000.00 7,000.00$ 2,000.00$ 9,000.00$ $9,000.00903 SPECIAL PROJECT BONDING 1 LS -$ 5,000.00$ 5,000.00$ $5,000.00 2,800.00$ -$ 2,800.00$ $2,800.00904 SPECIAL NOI PERMIT 1 LS 400.00$ 100.00$ 500.00$ $500.00 350.00$ -$ 350.00$ $350.00
CONTINGENCY (FOR USE AS DIRECTED BY THE ENGINEER)950 203 EMBANKMENT 500 CY 4.00$ 4.00$ 8.00$ $4,000.00 12.00$ -$ 12.00$ $6,000.00951 204 EXCAVATION OF SUBGRADE 500 CY 7.00$ -$ 7.00$ $3,500.00 12.00$ -$ 12.00$ $6,000.00952 204 PROOF ROLLING, AS PER PLAN 1 HOUR 10.00$ -$ 10.00$ $10.00 60.00$ -$ 60.00$ $60.00953 SPECIAL AS-BUILT PLANS 1 LS 90.00$ 10.00$ 100.00$ $100.00 200.00$ -$ 200.00$ $200.00
BASE BID TOTAL = $341,340.78 BASE BID TOTAL = $361,211.40
BID ALTERNATE - CONCRETE BASE OPTIONREF. ODOT TOTAL LABOR MAT'L TOTAL LABOR MAT'L TOTALNO. ITEM ITEM DESCRIPTION QNTY UNIT UNIT UNIT UNIT BID ITEM TOTAL UNIT UNIT UNIT BID ITEM TOTAL
PRICE PRICE PRICE PRICE PRICE PRICE1301 305 8" CONCRETE BASE, CLASS QC1, AS PER PLAN 2889 SY 20.00$ 25.00$ 45.00$ $130,005.00 26$ 20.00$ 46.00$ $132,894.00
BID ALTERNATE TOTAL = $130,005.00 BID ALTERNATE TOTAL = $132,894.00
ERI-6-16.73 OFFICIAL BID FORM Dellinger Excavating Inc. Ropper Construction Inc.
ENGINEER'S ESTIMATE 1 OF 1
RESOLUTION NO. 2016-69
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD THE BID AND ENTER INTO AN AGREEMENT WITH DELLINGER EXCAVATING INCORPORATED FOR LABOR AND MATERIALS RELATED TO THE ERI-6-16.73 FABENS PARK MICHIGAN LEFT PROJECT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY ONE THOUSAND THREE HUNDRED FORTY AND 78/100 DOLLARS ($341,340.78)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HURON, OHIO: SECTION 1. That the City having advertised for bids in connection with the Fabens Park Michigan Left Project (ERI-6-16.73), this Council finds Dellinger Excavating Inc., 3691 Horn Road, Monroeville, OH 44847 to be the lowest and best bidder for such work. Therefore, the City Manager shall be, and he hereby is, authorized and directed to award the base bid and enter into an agreement with the said Dellinger Excavating Incorporated for undertaking the work called for in the Fabens Park Michigan Left bid package, in an amount not to exceed Three Hundred Forty One Thousand Three Hundred Forty and 78/100 dollars ($341,340.78), which agreement shall be in substantially in the form of the Fabens Park Michigan Left Project Contract on file in the office of the Clerk of Council. SECTION 2. That this Council hereby finds and determines that all formal actions relative to the adoption of this Resolution were taken in an open meeting of this Council and that all deliberations of this Council and of its Committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including O.R.C. §121.22. SECTION 3. That this Resolution shall be in full force and effect from and immediately after its adoption. Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED:
TO: Mayor Hartung and City Council FROM: Andrew D. White, City Manager RE: Ordinance 2016-20 DATE: August 15, 2016 Subject Matter/Background This ordinance requests the Council’s authorization for changes to the annual budget appropriations. A breakdown is attached to the ordinance as Exhibit “A.” Financial Review A total of $92,814.53 in revenues and $65,179.16 in expenditures is requested with this ordinance. The bulk of the revenue changes represent an increase within the Healthcare Fund in the amount of $92,214.53. The bulk of the expense changes represent the offset increase within the Healthcare Fund in the amount of $40,881.91 leaving $24,297.25 increases with the G.O. Bond Retirement Fund, Water Capital Projects Fund and the Water Fund. Revenue The bulk of the requested revenue increase in the amount of $92,814.53 represents the stop loss claim reimbursement for the 2015 run out claims associated with BAC. Expense The requested increase in the amount of $40,881.91 represents the balance of the offset of revenue for the stop loss payment for the 2015 claims through BAC within the Healthcare Fund. The difference between the revenue and the expense request can be accommodated with the 2016 budget. All of the following requested increased expenses can be accommodated within the projected ending balance of each fund. The increase in the amount of $11,000.00 in the G.O. Bond Retirement Fund represents the legal and advisory cost associated with the Various Purpose Note, Series 2016. The increase in the amount of $8,297.25 represents the change order legislation Resolution 2016-65 for the Rye Beach Water Tower Painting. The increase in the amount of $5,000.00 in the Water Fund represents the increased costs to the overtime line item within the distribution budget for the meter replacement program. Legal Review The matter has been reviewed, follows normal legislative procedure and is properly before you. Recommendation The Council should consider a motion to adopt the ordinance as presented in order to maintain budgetary compliance.
ORDINANCE NO. 2016-20
AN ORDINANCE AMENDING ORDINANCE NO. 2015-37 ADOPTED DECEMBER 29, 2015 RELATING TO EXHIBIT “A” APPROPRIATIONS FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HURON, OHIO:
SECTION 1. Exhibit "A" of Ordinance No. 2015-37 adopted on the 29th day of December, 2015; as amended by Ordinance 2016-1 adopted February 9, 2016; as amended by Ordinance 2016-4 on February 23, 2016, as amended by Ordinance 2016-5 on March 8, 2016, as amended by Ordinance 2016-6 on March 22, 2016, as amended by Ordinance 2016-7 on April 12, 2016, as amended by Ordinance 2016-9 on May 10, 2016, as amended by Ordinance 2016-10 on May 24, 2016, as amended by Ordinance 2016-19 on August 9, 2016 relating to appropriations is hereby amended as to each fund as set forth in Exhibit "A" attached hereto and made a part hereof.
SECTION 2. The Director of Finance and the City Manager are hereby authorized to expend the funds herein appropriated for the purpose of paying the operating expenses of the City for the fiscal year ending December 31, 2016 and to make the necessary entries on the accounting records of the City to reflect the appropriations and expenditures herein authorized.
SECTION 3. That it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including O.R.C. §121.22.
SECTION 4. In accordance with Section 3.07 of the Charter of the City of Huron, Ohio, this Ordinance shall take effect immediately upon its adoption.
Brad Hartung, Mayor ATTEST: Clerk of Council ADOPTED: .
Ordinance 2016-20
August 23,2016
FUND ACCOUNT # DESCRIPTION INCREASE/(DECREASE) REASON FOR ADJUSTMENT
Healthcare Fund 703-0006-41553 Stop Loss Run Our 92,214.53 Increased RevenueTotal 92,214.53
Unclaimed Monies Fund 877-0013-41999 Unclaimed City 600.00 Increased RevenueTotal 600.00
TOTAL REVENUE 92,814.53
EXPENSE
General Fund 110-4700-53829 Printing 200.00 Increased ExpenseGeneral Fund 110-4700-59000 Refunds (200.00) Decreased ExpenseTotal - G.O. Bond Retirement 301-8501-53324 Consultant Special Services 11,000.00 Increased ExpenseTotal 11,000.00
Water Capital Projects Fund 603-9501-55961 Rye Beach Water Tower Painting Project 8,297.25 Resolution 2016-65 change order8,297.25
Water Fund 604-5220-51222 Overtime 5,000.00 Increased ExpenseTotal 5,000.00
Healthcare 703-7001-52144 Run out Claims 40,881.91 Increased ExpenseTotal 40,881.91
