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HomeMy WebLinkAboutResolution 52-23RECORD OF RESOLUTIONS GOVERNMENT FORMS & SUPPLIES 844-224-3338 FORM NO. 30045 52-23 Resolution No. Passed , 20 AUTHORIZING THE CITY MANAGER TO ENTER INTO A PIPELINE RELOCATION AGREEMENT AND RELATED EASEMENTS WITH COLUMBIA GAS OF OHIO, INC. TO RELOCATE GAS PIPELINE FOR THE CONSTRUCTION OF THE AVERY ROAD AND RINGS ROAD/CARA ROAD INTERIM INTERSECTION IMPROVEMENT PROJECT WHEREAS, the City of Dublin (“City”) is preparing to construct the Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project, 20-019-CIP (“Project”); and WHEREAS, as part of the Project, the City will be requiring certain existing Columbia Gas of Ohio, Inc. (‘Columbia Gas”) gas pipelines to be relocated; and WHEREAS, the City and Columbia Gas participated in good faith discussions and have come to mutually agreeable terms for the reimbursement costs associated with the relocation of the existing gas pipelines; and WHEREAS, the City desires to execute the Pipeline Relocation Agreement and the related easements to ensure the Project remains on schedule; and WHEREAS, the City has agreed to assume responsibility for sixty-five percent (65%) of the total costs associated with the pipeline relocation as a portion of the Columbia Gas of Ohio, Inc. pipeline facilities are currently located in an existing private easement, wholly owned by Columbia Gas; and WHEREAS, the City has agreed to assume one hundred percent (100%) of the costs of Columbia Gas land rights forfeited by them vacating their existing private easements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, __ “7 _ of the elected members concurring that: Section 1. The City Manager is hereby authorized to enter into a Pipeline Relocation Agreement with Columbia Gas of Ohio, Inc. for the Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project, in substantially the same form as attached to this Resolution. Section 2. The City Manager is hereby authorized to execute any necessary easement agreements on City-owned property to grant Columbia Gas of Ohio, Inc. easement rights as part of the Project. Section 3. This Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Resolution without further legislation being required. Section 4. This Resolution shall take effect upon passage in accordance with Section 4.04(a) of the Dublin Revised Charter. Passed this 26" day of June, 2023. Yeu 7 Be Mayor - Presiding Officer 7” CHa bho Cleyfor Coufcil To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: June 20, 2023 Initiated By: Robert E. Ranc, Jr., Deputy City Manager Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Brian D. Gable, P.E., Deputy Director of Engineering – Design & Construction Kenneth B. Richardson, P.E., P.S., Senior Civil Engineer Re: Resolution 52-23 – Authorizing the City Manager to Enter into a Pipeline Relocation Agreement with Columbia Gas of Ohio, Inc. as part of the Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project, 20-019-CIP Background The Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project (Project) provides for an interim intersection improvement at the intersection of Avery Road and Rings Road/Cara Road. The Project will construct a roundabout at the intersection, curb and gutter for Cara Road and Cara Court, water and sanitary sewer line extensions for Rings Road, Cara Road and Cara Court and pedestrian facilities for Rings Road, Cara Road, Avery Road and Cara Court. An exhibit showing an illustration of the Project is attached to this memo for reference. Council approved this Project as part of the 2023-2027 Capital Improvements Program (CIP). Summary Staff has worked closely with Columbia Gas of Ohio, Inc. (Columbia Gas) on a Pipeline Relocation Agreement (Agreement), as attached for Council’s reference and information, to design and relocate Columbia Gas facilities along Avery Road and Rings Road in order to construct the Project. The gas pipeline relocation is necessary due to conflicts with the Project’s proposed storm sewer and water line. As part of this Project, Columbia Gas must relocate 838 feet of 4-inch and 6–inch gas pipelines that are located along Rings Road, west of Avery Road. Of the pipelines to be relocated, 65 percent are located within existing private easements, wholly owned by Columbia Gas. Columbia Gas will relocate their gas pipelines into newly acquired right-of-way, permanent utility easements to be granted by the City on City-owned property or into a new permanent utility easement on private property being acquired by the City. The City of Dublin is responsible to reimburse Columbia Gas for relocating their facilities presently located within private easements and reimburse Columbia Gas for the real estate value of their existing private utility easements. A portion of the relocated gas pipeline is within existing right-of- way and is the responsibility of Columbia Gas to relocate. The City of Dublin is responsible for 65 percent of pipeline relocation costs and 100 percent of the costs of the land rights being forfeited (private utility easements). The estimated cost to perform this relocation work is $217,183 ($172,183 for pipeline relocation and $45,000 for land rights forfeited). Columbia Gas requires advance deposit of these funds prior to performing their work. Once the relocation is complete, Columbia Gas will verify and review the actual construction cost with Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614-410-4490 Memo Resolution 52-23 – Authorizing the City Manager to Enter into a Pipeline Relocation Agreement with Columbia Gas of Ohio, Inc., 20-019-CIP June 20, 2023 Page 2 of 2 the City and send final billing to the City. If the actual cost of the relocation is more than the amount deposited, the City will be billed for the excess. If the actual cost of the relocation is less than the amount deposited, Columbia Gas will refund the difference to the City. Columbia Gas will not schedule their relocation work until after the Agreement is authorized and executed, and the necessary right-of-way and utility easements are acquired. The proposed Agreement has been reviewed and approved by the City’s legal staff and agreed to by Columbia Gas. Recommendation Staff recommends approval of Resolution 52-23, authorizing the City Manager to enter into a Pipeline Relocation Agreement with Columbia Gas of Ohio, Inc. to advance and complete the necessary utility relocation for the Project in order to allow the Project to remain on schedule and proceed to construction. 1 Job Order No. ____________ Pipeline Relocation Agreement This Pipe Relocation Agreement (“Agreement”) is made as of the 26th of April 2023, by and between Columbia Gas of Ohio, Inc., an Ohio corporation with offices at 3550 Johnny Appleseed Court, Columbus OH, 43231 (“Columbia”) and the City of Dublin, with offices at 6555 Shier Rings Rd, Dublin, OH 43016 (“Requestor”). Columbia and Requestor are each a “Party” and collectively referred to as “the Parties.” RECITALS A Columbia owns and operates a 4” and 6” inch pipeline, located north of Rings Rd and west of Avery Rd, in Dublin, Franklin County, OH; and B Requestor wishes to have a portion of the pipeline and any related pipeline facilities relocated in order to permit certain construction or other activity in the vicinity of said pipeline, and Columbia is willing to relocate a portion of the pipeline subject to the conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and intending to be legally bound, the Parties hereby agree as follows: 1.Requestor requests relocation of Columbia’s pipeline and any related pipeline facilities as follows: Retirement of 838’ of 4” & 6” coated steel & plastic MP main, replaced with 879’ of 4” & 6” coated steel & plastic MP main. Requestor shall pay sixty-five percent (65%) of any and all direct and indirect costs associated with the pipeline relocation, as well as one hundred percent (100%) of the costs of land rights forfeited. 2.Upon execution of this Agreement, Requestor shall deposit the sum of $217,183 (65% of total installation costs ($172,183 of $264,897), plus 100% of land rights forfeited ($45,000)) (the “Deposit”) with Columbia, which sum is an estimated cost of relocating Columbia’s pipeline. Said cost of relocation includes any and all direct and indirect costs including, but not limited to, cost of right-of-way acquisition, internal costs and overhead, permit fees, materials, contractor mobilization, and labor. Requestor acknowledges and agrees that the Deposit is based upon both the information available and circumstances known to Columbia as of the date of the execution of this Agreement. Requestor further agrees and acknowledges that the Deposit may be increased, pursuant to this Section 2 and Section 3 below. If Requestor cancels or postpones its contemplated construction project or other activity, Requestor shall reimburse Columbia for all costs (direct and indirect) expended or obligated at the time of cancellation or postponement, including costs which may have to be expended to restore the Requestor’s, Columbia’s or any third party’s premises to their original condition, all such amounts to be deducted from the Deposit. Any such costs which exceed the Deposit shall be payable by Requestor immediately upon notice from Columbia. Notwithstanding any other provision of this Agreement, if the pipeline relocation is not completed within 12 months of the execution of this Agreement but to no fault of Columbia, Columbia reserves the right to increase the Exhibit A June 2 Deposit. Upon notice from Columbia, Requestor shall promptly pay such additional sum to Columbia. Columbia may retain the Deposit until the completion of the work contemplated under this Agreement. Unless otherwise required by law or order of any governmental body having jurisdiction over Columbia, Columbia shall not be required to pay interest, carrying charges, or any other amounts related to the Deposit. Columbia is not responsible for any Requestor losses of any kind resulting from events beyond Columbia’s reasonable control, work delays or cancellation, or delay or refusal by any third party to issue any necessary permit or approval. The Deposit shall be sent to Columbia, attention of Kaitlin Keene, at 3550 Johnny Appleseed Court, Columbus, OH, 43231. 3. Upon execution of this Agreement by both Parties and the receipt of the Deposit from Requestor, Columbia agrees to begin plans for said pipeline relocation. Columbia will physically relocate said pipeline and any related pipeline facilities as mutually agreed only when all necessary rights-of-way, permits, and approvals have been secured and all material, labor and other resources are available. Columbia will not commence the relocation project until such time as such pipeline relocation work will not impair the operation of Columbia’s gas distribution system or its service to its customers. This Agreement may be suspended, the Deposit amount may be increased by Columbia, or the terms of this Agreement renegotiated by Columbia, due to adverse digging or soil conditions (e.g., rock, hazardous materials, etc.), or delay or denial of any necessary permit or approval. 4. Upon Columbia’s request, Requestor agrees to enter into a Right of Way Agreement with Columbia, on Columbia’s standard form agreement, in which Requestor shall grant to Columbia all necessary easements or rights of way on property owned by Requestor at no cost to Columbia. Requestor shall also cooperate with and compensate Columbia for acquiring any necessary easements or rights of way on property owned by third parties that are not in a public street or way. Columbia shall not be obligated to undertake the pipeline relocation and this Agreement shall be terminated at the sole discretion of Columbia if: (i) Requestor fails to timely enter into the Right of Way Agreement with Columbia, referenced above; or (ii) Columbia is not able to obtain necessary third-party easements or rights of way upon terms and conditions (including cost) agreeable to Columbia. In the event of such termination, Requestor shall be responsible for all costs expended by Columbia and/or which Columbia is obligated to expend in connection with the relocation project and the termination of such project. Any such costs which exceed the Deposit shall be payable by Requestor immediately upon notice from Columbia. 5. To the extent any portion of the pipeline relocation occurs on Requestor’s property or property it or an affiliate controls, the Requestor at its own expense, shall (i) respond to reasonable requests of Columbia, its representatives and any governmental authorities or administrative agencies to provide all necessary information describing the physical characteristics of the property, including surveys, site elevations, legal and other required investigations and the like which it may have now or in the future; (ii) mark and identify for Columbia, the correct locations of all underground facilities (e.g., septic systems, sprinkler systems, water lines electric lines, propane tanks and lines, etc.) owned by the Requestor and/or others at or about the property; (iii) notify Columbia of any condition on or about the property which could affect the work contemplated hereunder; (iv) cooperate with Columbia to obtain all necessary 3 approvals, site plan reviews, permits, required for Columbia to carry out its work and obligations hereunder; (v) not erect or allow any dwellings, garages, out-buildings, pools, decks, man-made bodies of water, pavement and other hard surfaces, trees, shrubbery, leach beds, septic tanks, unapproved utility installations, or any other obstruction of any kind (“Encroachment”) over or within 5 feet on either side of said pipeline or otherwise reduce or inhibit Columbia’s access to the pipeline unless agreed to in writing by Columbia; (vi) not place or permit to be placed any Encroachment within a temporary construction easement 10 feet in width and adjoining the north/west side of the permanent right of way area for the relocated pipeline until completion of the relocation and all restoration work by Columbia; and (vii) not to reduce the ground cover over the pipeline unless agreed to in writing by Columbia. Columbia shall not be obligated to undertake the pipeline relocation and this Agreement shall be terminated at the discretion of Columbia if Requestor fails to satisfy its obligations as set forth in this Section 5. In the event of such termination, Requestor shall be responsible for all costs expended by Columbia and/or which Columbia is obligated to expend in connection with the relocation project and the termination of such project. Any such costs which exceed the Deposit shall be payable by Requestor immediately upon notice from Columbia. 6. Upon completion of said pipeline relocation, Columbia shall, within a reasonable time, submit to Requestor a statement showing the actual cost thereof. If the actual (direct and indirect) cost of said pipeline relocation is a commercially reasonable and calculable amount more than the amount of the Deposit, Requestor shall promptly pay the difference between the actual costs and the Deposit, to Columbia. Requestor will make such reimbursement payment to Columbia within thirty (30) days of receipt of the invoice. Late payments will bear interest at a rate of 1.0% a month, which equals an annual percentage rate of 12%. If the actual cost is less than the amount of the Deposit, Columbia shall promptly return to Requestor the difference between the Deposit and the actual costs. 7. Intentionally deleted. 8. All questions with respect to the interpretation and construction of this Agreement and the rights and liabilities of the Parties hereunder shall be determined in accordance with the applicable laws of Ohio without regard to the law of conflicts or any choice of law provisions that would direct the application of the laws of another jurisdiction. Any legal action or in any way related to or arising from this Agreement shall be brought and heard only in a court of competent jurisdiction located in Franklin County, OH. This Agreement contains the entire agreement between the Parties concerning the relocation work, and no modification of this Agreement will be binding unless approved in writing by both Parties. Requestor may not assign this Agreement without prior, express written consent from Columbia. Such consent may be withheld by Columbia in its sole discretion. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid such provision shall be deemed modified so as to be no longer invalid and, all of the remaining provisions of this Agreement shall remain in full force and effect. The recitals set forth in this Agreement are an integral part hereof and shall have the same contractual significance as any other language contained in this Agreement. No provision of this Agreement shall be interpreted more or less favorably towards either Party because its counsel drafted all or a portion hereof. This Agreement is entered into solely for the benefit of the Parties and is not intended to confer third-party beneficiary status 4 on any other entity or person. Nothing in this Agreement shall be deemed to constitute a joint venture, partnership, or any similar arrangement between the Parties. 9. Requestor represents and warrants that it has requisite authority to enter into this Agreement and that its representative signing this Agreement is authorized to bind and obligate the Requestor to the terms of this Agreement. This Agreement may be executed in one or more counterparts, each of which when so executed and delivered shall be deemed an original, but all of which together shall constitute one instrument. Facsimile, electronic and pdf signatures to this Agreement shall be legally binding and considered in all manner and respects as original signatures. 10. The terms of this Agreement shall be kept confidential by the Requestor, except to the extent that any information must be disclosed to a third party to comply with the valid order or subpoena of any court, legislative or executive body or regulatory agency having valid jurisdiction. 11. All notices, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall be effective upon receipt when: personally delivered; mailed by registered or certified United States mail, postage prepaid, return receipt requested; or sent by Federal Express or other nationally recognized courier, postage prepaid, to the parties at the addresses set out in the open paragraph of this Agreement, or at such other address as a respective party may designate from time to time pursuant to a notice duly given hereunder to the other party. 12. Unless otherwise terminated earlier in accordance with the terms of this Agreement, this Agreement shall remain in full force and effect until full and complete payment of all amounts due under this Agreement have been paid by Requestor. Notwithstanding the foregoing, Sections 2, 4, 5, and 8-12 shall survive the termination or expiration of this Agreement. [Remainder of Page Intentionally Blank. Signature Pages to Follow.] 5 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. REQUESTOR – CITY OF DUBLIN, OHIO ________________________________ Authorized Signature ________________________________ Print Name ________________________________ Title COLUMBIA GAS OF OHIO, INC. ________________________________ Authorized Signature ________________________________ Print Name ________________________________ Title [Remainder of Page Intentionally Blank. End of Agreement.] SCALE IN FEETHORIZONTAL0AVERY ROAD & RINGS ROAD/CARA ROAD - INTERIM INTERSECTION IMPROVEMENT357014011/2/2020SHARED-USE PATH ALIGNMENT ROUNDABOUT DESIGN OPTIONN AVERY ROAD RINGS RO A D CARA RO A D PROPOSED SHARED-USE PATH PROPOSED SHARED-USE PATH