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Home My WebLink AboutResolution 066-15RECORD OF RESOLUTIONS Dayton legal Blank, Inc., Fom No. 30045 Resolution No. 66 -15 Pissed A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH EDWARDS GOLF COMMUNITIES, LLC FOR WATER LINE CONSTRUCTION ON COSGRAY ROAD WHEREAS, the Community Plan has stated objectives to provide for safe an deficient delivery of high quality potable water to the community for consumption and fire protection; and WHEREAS, Edwards Golf Communities, LLC (" Developer's desires to construct Churchman Road, Phase 1 as outlined in the Ballantrae Development Agreement dated August 2000; and WHEREAS, as part of the construction, a water line must be constructed; and WHEREAS, the waterline improvements will consist of a 16 -inch waterline and appurtenances along Cosgray Road that will connect the existing 16 -inch line near Cosgray Road and Barronsmore Way to the extension of the 12 -inch water line on Churchman Road, Phase 1; and WHEREAS, the Waterline Improvements are contemplated at this time to realize additional benefits to the water distribution in terms of improved pressures from the completion of the Darree Fields water tower in the Ballantrae subdivision; and WHEREAS, Dublin required the construction the Waterline Improvements to complete a beneficial loop in the water system and has agreed to reimburse the Developer for the cost of construction. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,_ of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the attached Reimbursement Agreement with Edwards Golf Community, LLC for the Churchman Road, Phase 1, in substantially the same form as attached, with changes not inconsistent with this Resolution and not substantially adverse to this City and which shall be approved by the City Manager. The approval of changes thereto by those officials, and their character as not being substantially adverse to the City, shall be evidenced conclusively by their execution thereof. Section 2. This resolution shall take effect upon adoption in accordance with Section 4.04(a) of the Revised Charter. Passed this day of l0 2015. Mayor - Presiding Officer ATTEST: 0"2��a CL Clerk of Council lc4ityof Dublin Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Man r Date: September 3, 2015 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Barbara Cox, P.E., Engineering Manager Summary Memo Re: Resolution No. 66 -1S Authorizing the City Manager to enter into a Reimbursement Agreement with Edwards Golf Communities, LLC for water line construction on Cosgray Road The water model for Community Plan describes areas in the city that either currently have deficient water pressures and fire flows or would have them in the future based on the projected growth. One area that was noted is the western portion of the Ballantrae subdivision. The resolution to this issue is to provide additional loop connections in the water distribution system and additional elevated storage. Edwards Golf Community, LLC is constructing the first phase of Churchman Road as identified in the Ballantrae Development Agreement (aka Relocated Rings Road). In order to maximize the benefits of the other water system improvements in the area (the Darree Fields water tower and other water line improvements), staff identified the need for an additional loop in the system. The improvement addressed by the Reimbursement Agreement will make an additional 16 -inch water line connection from Barronsmore Way to Churchman Road on the east side of Cosgray Road. A map is attached that depicts the location of this water line improvement. Edwards Golf Community, LLC has agreed to include this water line construction in their contract to construct Churchman Road Phase 1. Since the water line was an improvement identified by staff as a need for the community, staff recommends reimbursing Edwards Golf Community, LLC for this cost. Edwards Golf Community, LLC has provided a copy of the bid from their contractor to establish the reimbursement price. They are requesting $116,460.00. They started construction of Churchman Road Phase 1 on August 17, 2015. The funds for this reimbursement were not previously budgeted in the Water Fund. However, there are sufficient resources within the Water Fund for this improvement. If necessary, the Director of Finance will prepare an Ordinance to amend the 2015 appropriations to account for this expenditure at a future council meeting. A copy of the proposed Reimbursment Agreement, as drafted by the Legal Department and agreed to by Edwards Golf Community, LLC, is attached for your review. Recommendation Staff recommends approval of Resolution No. 66 -15, authorizing the City Manager to enter into a Reimbursement Agreement with Edwards Golf Communities, LLC for water line construction on Cosgray Road. 9AThe Edwards Land Company M meads company 495 South High Street - Suite 150 - Columbus, Ohio 43215 -7619 - (614) 241 -2070 a FAX (614) 241 -2080 July 16, 2015 Ms. Barbara Cox Engineering Manager City of Dublin 5800 Shier -Rings Road Dublin, OH 43016 -1236 Dear Barb, Enclosed is a copy of our bid for the 16" water line on Cosgray Road from Conie Construction. As we discussed, we request reimbursement from the City for the $116,460.00 cost of this water line. Feel free to call me if you have any questions. Sincerely, EDWARDS LAND COMPANY CJ 'L Charlie Driscoll President Enclosure j� EXHIBIT "A" oposal From: CONIE CONSTRUCTION COMPANY 1340 WINDSOR AVENUE COLUMBUS, OHIO 43211 Phone: 614- 291 -5931 Fax 614 -291 -9054 Project 14-140 TAKE OFF QTY Description: Churchman Road Phase 1 Bid Date: 12.11.2014 DESCRIPTION BID QTY U/M UNIT BID AMOUNT Manhole, Type C (AA-S702) 9.000 EA 1,300.00 $11,700.00 Standard Curb & Gutter Inlet 4.000 EA 1,200.00 $4,800.00 Double Curb & Gutter Inlet 10.000 EA 2,000.00 $20,000.00 Standard Catch Basin (AA S134A) 4.000 EA 900.00 $3,600.00 Standard Catch Basin (AA- S134B) 1.000 EA 1,300.00 $1,300.00 Manhole, Reconstructed to Grade 1.000 EA 200.00 $200.00 Manhole, As Per Plan 1.000 EA 1,300.00 $1,300.00 12" Pipe 706.02 633.000 LF 44.00 $27,852.00 12" Pipe 706.02 (Concrete Encased) 92.000 LF 70.00 $6,440.00 18" Pipe 706.02 600.000 LF 52.00 $31,200.00 24" Pipe 706.02 481.000 LF 78.00 $37,518.00 DRAINAGE Section Total: $145,910.00 WATER 8" D.I.P., CL 53 1,543.000 LF 58.00 $89,494.00 8" Valve and Appurtenances 5.000 EA 1,100.00 $5,500.00 Fire Hydrant, Type B 4.000 EA 2,250.00 $9,000.00 Survey Coordinates 1.000 LS 500.00 $500.00 6" Valve w /Std Box 4.000 EA 750.00 $3,000.00 16" Water Main 1,270.000 LF 78.00 $99,060.00 16" Valve w /Std Box 3.000 EA 5,800.00 $17,400.00 WATER Section Total: $223,954.00 ROADWAY Curb and Gutter Removed 72.000 LF 4.00 $288.00 Pipe Removed, 24" and Under 80.000 LF 6.00 $480.00 Catch Basin or Inlet Removed 1.000 EA 175.00 $175.00 Valve Box Removed 1.000 EA 30.00 $30.00 Excavation 8,498.000 CY 3.85 $32,717.30 Embankment 4,154.000 CY 2.10 $8,723.40 Subgrade Compaction (Roadway) 6,760.000 SY 3.30 $22,308.00 Subgrade Compaction (SUP) 1,954.000 SY 2.95 $5,764.30 ROADWAY Section Total: $70,486.00 EROSION CONTROL Inlet Sediment Filter 19.000 EA 115.00 $2,185.00 EROSION CONTROL Section Total: $2,185.00 12/15/2014 2:35:06 PM CONIE CONSTRUCTION COMPANY Page: 1 of 2 Prices exclude the following Items: Fees or Permits Layout Stakes Dewatering Rock Excavation Erosion Control Soil Drying or Stabilization Import or Export of Dirt Bill O'Malley CONE CONSTRUCTION COMPANY an equal opportunity employer 1340 Windsor Avenue Columbus, Ohio 43211 P - (614) 291 -5931 F - (614) 291 -9054 M- (614) 493 -7955 billo(a7_conie.00m BID QTY Ulm UNIT BID AMOUNT TOTAL BID: $442,535.00 �l,/Cad'D£1 Tom - halt -, 11,rSed?E4 0 A ,�, � Ce .v -r/L4 ^' c E % '� 12/1512014 2:35:06 PM CONIE CONSTRUCTION COMPANY Page: 2 of 2 REIMBURSEMENT AGREEMENT This Reimbursement Agreement (the "Agreement's dated , 2015, is entered into by the CITY OF DUBLIN, OHIO ("Dubli# , a municipal corporation duly organized and validly existing under the Constitution and laws of the State of Ohio and its Charter and the EDWARDS GOLF COMMUNITIES, LLC ("Developer' and collectively with Dublin, the "Parties). WHEREAS, the Developer is presently engaged in the improvement of certain land in the City of Dublin, Ohio, specifically Churchman Road, Phase 1 (the " ProjecC ; and WHEREAS, as part of the Project, a waterline must be constructed; and WHEREAS, the waterline improvements will consist of a 16 -inch waterline and appurtenances along Cosgray Road that will connect the existing 16 -inch line near Cosgray Road and Barronsmore Way to the extension of the 12 -inch water line on Churchman Road, Phase 1 ("the Waterline Improvements'); and WHEREAS, the Waterline Improvements are contemplated at this time to realize additional benefits to the water distribution in terms of improved pressures from the completion of the Darree Fields water tower in the Ballantrae subdivision; and WHEREAS, Dublin required the construction the Waterline Improvements to complete a beneficial loop in the water system and has agreed to reimburse the Developer for the cost of construction; NOW THEREFORE, the Parties covenant, agree and obligate themselves as follows: 1. Dublin commits to: • Provide access to the Cosgray Road right of way at no cost to the Developer for the construction of the Waterline Improvements. • Reimburse the cost of the Waterline Improvements to the Developer based on the selected bid provided by the Developer up to amount not to exceed $116,460.00. • Inspect the construction. 2. The Developer commits to: • Create bid package plan and specifications for the Churchman Road Phase 1. • Obtain necessary approvals from the City of Columbus and the Ohio Environmental Protection Agency (OEPA). • Obtain Notice of Intent, if applicable. • Bid project and fund construction. • Use best efforts to commence construction of the Waterline Improvements in 2015. • Restore property to similar conditions as exists today. {H2111532.2 } 3. Indemnification and Hold Harmless. The Developer agrees to defend, indemnify, protect and hold harmless Dublin, its elected officials, officers, employees, agents, contractors, and volunteers from and against any liability for all actions, claims, losses, damages, costs, and /or expenses (including reasonable attorney's fees) to the extent that such actions, claims, losses, damages, costs and /or expenses arise out or are in any way caused by the performance or non - performance of this Agreement, either directly or indirectly, irrespective of whether such actions, claims, losses, damages, costs and /or expenses are caused by the acts, omissions or conduct of the Developer or its employees, agents, contractors, and representatives. 4. Notices. Except as otherwise specifically set forth in this Agreement, notices, demands, requests, consents, or approvals given, required or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if actually received or if hand - delivered or sent by recognized, overnight delivery service or by certified mail, postage prepaid and return receipt requested, addressed to the other Party at the addresses set forth in this Agreement or any addendum to or counterpart of this Agreement, or to such other addresses as the recipients shall have previously notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by certified mail, in which event such notice shall be deemed to have been received when the return receipt is signed or refused. A duplicate copy of each notice, certificate, request or other communication given hereunder to the Parties shall be given also to the others. The Parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificate, requests or other communications shall be sent. (a) As to Dublin: City of Dublin, Ohio Attention: Director of Engineering 5800 Shier -Rings Road Dublin, Ohio 43016 -7295 (b) As to Developer: Edwards Golf Communities, LLC Attention: Charles Driscoll 495 S. High St., Suite 150 Columbus, Ohio 43215 5. Extent of Provisions Regarding the Parties: No Personal Liability. No representation, warranty, covenant, agreement, obligation or stipulation contained in this Agreement shall be deemed to constitute a representation, warranty, covenant, agreement, obligation or stipulation of any present or future trustee, member, officer, agent or employee of the Parties in an individual capacity, and to the extent authorized and permitted by applicable law, no official executing or approving the Parties' participation (H2111532.2 )2 in this Agreement shall be personally liable under this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. 6. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Parties, and their respective permitted officers, agents, contractors, volunteers, and successors and assigns. The Parties will observe and perform faithfully at all times all covenants, agreements, and obligations under this Agreement. 7. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to the principles thereof relating to conflicts or choice of laws. Edwards Golf Communities, LLC Charles Driscoll Date City of Dublin, Ohio Dana L. McDaniel, City Manager Date Approved as to form: Stephen I Smith Date Law Director (x2111532.2 )3 Resolution 66 -15