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HomeMy WebLinkAbout66-95 Ordinance ---'- RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.__~95----------- P assed- u__ __________ ____ ________ ______ ----- ___19 - ---'- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF COLUMBUS ",.... FOR THE CONSTRUCTION AND MAINTENANCE OF THE UPPER SCIOTO WEST BRANCH INTERCEPTOR, AND DECLARING AN EMERGENCY ..... WHEREAS, the City of Dublin entered into a Sewer Service Agreement with the City of Columbus on Apri113, 1993 whereby Columbus agreed to receive, transport and treat sanitary waste water discharged by Dublin into the sewer system of Columbus; and WHEREAS, the Sewer Service Agreement contemplates a separate agreement for the construction and maintenance of an extension to the Upper Scioto West Branch Interceptor, part of which is to be located in the City of Dublin (the "Dublin Segment"); and WHEREAS, it is necessary for the City of Dublin to execute an agreement with the City of Columbus for the construction and maintenance of the Upper Scioto West Branch Interceptor so that the project may commence; and WHEREAS, the Ohio Environmental Protection Agency has outstanding Orders and Findings for the City of Dublin requiring the expeditious implementation of the Upper Scioto West Branch Interceptor. ",...... NOW. ~RE. BE IT ORDAINED. by the Council of the City of Dublin, State of Ohio, elected members concurring: - Section 1. That the City Manager is hereby authorized to execute the agreement with the City of Columbus for the Construction and Maintenance of the Upper Scioto West Branch Interceptor in substantially the form attached hereto as Exhibit "A". Section 2. That this ordinance be, and the same hereby is, declared to be an emergency measure for the preservation of public peace, health or welfare of the residents of this City, and for the further reason that the project must be initiated immediately to ensure adequate sewer capacity and to comply with the Orders and Findings of the Ohio Environmental protection Agency. Passed this ~ day of ~' 1995. Mayor - /!1YJt{! ,.... ~~(I~~ .. Clerk of Council ...... d' the f ~ere {loste \11 ' , his ord'nnnte~~C\\l II} . R ised Code. titv ,ha\ to\l'.es of t . 73' 2.5 of the 0'1\0 ev ,~y ter . , d vM~ Sed10n . GIy of oub\in in QttOr Qnte l- . \) brn Ohio \<. t (O\ll1tl\ Ij I . e\er 0 . " ...<......,~.~-..-..,...".._''''.",.'''._,~...;'''' , '%:.~....~$I""',.,.-~~,.'"'.'"'''''..-''~-''!'>.''''....~._.''''''"''' _ ~~___"'_~~~~~h~ ~~~"_ ~ ,...,_~_~._,~.~"=,,,<" DRAFT UPPER SCIOTO WEST SANITARY INTERCEPTOR SEWER CONSTRUCTION AND MAINTENANCE AGREEMENT This Agreement is entered into by and between the City of Dublin, Ohio ("Dublin") and t11e City of Columbus, Ohio ("Columbus") . Recitals -- I. On April 13, 1993, the parties executed the Sewer Service Agreement whereby Columbus agreed to receive, transport, and treat sanitary waste water discharged by Dublin into the sewer - system of Columbus. II. The Sewer Service Agreement contemplates the construction of an extension to the Upper Scioto West Interceptor Sewer part of which is to be located in the City of Dublin (the "Dublin Segment"). III. The Dublin Segment will commence at Drop Shaft No. 11 approximately 1100 feet south of Tuttle Road, adjacent to the Hayden Meadows Pump Station and will proceed north approximately 6800 feet. IV. The Dublin Segment will include Drop Shaft No. 12 at the Cramer Ditch Pump Station; Drop Shaft No. 13 at Marilea Drive; and Drop Shaft No. 14 (Exit Portal) at the Dublin Pump Station. V. The parties desire that Columbus enter into a contract with a qualified contractor to construct the Dublin Segment, and the parties desire that Columbus manage the Project. VI. Dublin desires to have Columbus provide the """ engineering services in connection with the construction of the Dublin Segment and Columbus desires to provide the same. _M VII. DUblin will pay for the engineering services and Dublin and Columbus will share the costs of construction for the Dublin Segment as set forth in this Agreement. VIII. Dublin intends to apply to the Water Pollution Loan Fund administered by the Ohio Environmental Protection Agency for assistance in funding this project. IX. The parties desire to delineate their responsibilities with respect to the construction and maintenance of the Dublin Segment. - " .. ~"~~~'.'m~'.....~~.....",-",~ '-'~'''~'''--'~"''''''''''''''_._'''-.'~='"'~''=~-'~"--~-=~' .~ ~--""""""'_..,-,., "..~"=~~~ Therefore, the parties agree as follows: Section 1. Definitions. 1.1. "Contractor" means the individual, firm, partnership, or corporation which enters into a contract with Columbus for the construction of the Dublin Segment. 1.2. "Contract Documents" means the agreement between -- Columbus and the Contractor, the general and supplemental condi tions, the drawings, specifications, plans, and any ~ amendments, addenda or supplements thereto. 1.3. "Project" means the construction of the Dublin Segment. 1.4. "Construction Cost" means the total cost of the labor, materials and equipment contracted for by the Contractor for construction of the Dublin Segment. "Construction Cost" shall not include compensation for engineering services to be performed by Columbus. 1.5. "proj ect Cost" means the total cost of the Project including the Construction Cost; the cost of engineering, construction management and quality control services; and the cost of acquisition of all real and personal property necessary for the Project. Section 2. Engineering Services. Columbus shall provide design engineering, bidding assistance, construction management, construction surveying, staking, layout and quality control management as those services are set forth in this Agreement and as more fully set forth in the engineering agreement attached hereto -~ and incorporated herein as Exhibit 2.1. "..'~ Section 3. Preconstruction. 3.1. Duties of Columbus. 3.1.1. Columbus shall prepare the detailed plans, drawings, specifications, all other Contract Documents, and other essential information and documentation. 3.1.2. Columbus shall submit the plans, drawings, specifications, and all other Contract Documents to Dublin for its review. JWS/VLY/153890 035505.188 Revised June 27, 1995 2 - - .'-..,..... -~ ~"".'-'--_."~ 3.1.3. Columbus shall prepare all legal surveys, legal descriptions and plats of real property necessary for acquisition by Dublin, 3.1.4. Columbus shall prepare and update as necessary a project schedule. 3.1.5. Columbus shall prepare and update an estimate of the Construction Cost. - 3.1.6. Columbus shall manage the bid letting and bid award process. Columbus shall conduct a pre-bid meeting - and such other meetings as the parties deem necessary and appropriate. Columbus shall receive and open the bids, prepare a tabulation of the bids, and forward the appropriate bid documents to Dublin together with a recommendation for the award of a contract. Columbus shall award and enter into a contract with a qualified contractor subject to approval by Dublin. 3.2. Duty of Dublin. Dublin shall acquire all real and personal property interests wi thin the City of Dublin necessary for the Project. Section 4. Construction. 4.1. Duties of Columbus. 4.1.1. Columbus shall be responsible for managing the Project and coordinating the work of the Contractor to complete the Project in accordance with the Contract Documents. 4.1.2. Columbus shall be responsible for ~ inspecting the work of the Contractor to ensure the quality and workmanship of the work and to ensure that the work is .,.",,* being performed in accordance with the Contract Documents. If Columbus finds that the Contractor's work is defective, or otherwise not in conformance with the Contract Documents, Columbus shall promptly notify Dublin. Columbus is hereby authorized to reject work which does not conform to the Contract Documents. 4.1.3. Columbus, on a monthly basis, shall submit a progress report to Dublin. JWS/VLY/153890 035505.188 Revised June 27, 1995 3 - _.,._~~~'''-===-~~~~~",.....~~~._~.~.,." .'--'-'-, 4.1.4. Columbus shall regularly review the Project schedule and shall inform Dublin of any variances between the project schedule and the actual progress of the work and the reasons for such variances. 4.1.5. Within one (1) week of receipt of any change orders, Columbus shall review and forward the change orders with recommendations to Dublin. All change orders are subject to approval by Dublin. -- 4.1.6. Within two (2) weeks of receipt of the Contractor's request for payment, Columbus shall review the -- Contractor's request for payment and make a recommendation to Dublin with respect to payment of the same. Columbus shall certify requests for payments to Dublin if Columbus determines that the work has progressed as indicated and is in accordance with the Contract Documents. 4.1.7. Columbus shall be responsible for clarifying and interpreting the Contract Documents. All such clarifications and interpretations are subject to approval by Dublin. 4.1.8. Columbus shall review and make recommendations with respect to the Contractor's claims. The disposition of the Contractor's claims are subject to the approval of Dublin. 4.1.9. Columbus shall be responsible for verifying that the Contractor has in place safety programs to ensure that safety in the Project shall meet all federal, state, and local laws, ordinances and regulations. 4.1.10. Columbus shall be responsible for reviewing shop drawings, materials, and other submittals for - conformance with the Contract Documents. All such reviews are subject to approval by Dublin. -... 4.1.11. When Columbus determines that the proj ect is substantially complete and ready for operation, Columbus shall promptly notify Dublin. Section 5. Operation and Maintenance. 5.1. Routine Inspections and Maintenance. 5.1.1. Columbus, at its expense, shall inspect the Dublin Segment at least annually or with such greater frequency as Columbus deems necessary and appropriate. JWS/VLY/153890 035505.188 Revised June 27, 1995 4 - "'._........-""'.>..,_".~.,~.~__"<,,_." .~._~v~,.."'~"..""__.".~_..,.-,.-_._,,~,"" ," ..... .~.,_.~~~_..-.=.......w~.~....._ v~" ~ 5.1.2. Columbus shall perform all preventive maintenance. The scope of preventive maintenance shall be clearly delineated in the Operations and Maintenance Manual approved by both Dublin and Columbus. 5.1.3. Columbus, at its expense, shall provide all labor, materials, and specialized access, communications and safety equipment to perform the inspections and preventive maintenance required by Sections 5.1.1. and 5.1.2. ....... 5.1.4. Whenever possible, Columbus shall provide the Dublin City Engineer at least twenty-four (24) hours - advance notice of any inspections and/or maintenance activities. 5.1.5. Within one (1) week of inspection or maintenance work, Columbus shall provide Dublin a report of the results of such inspections or maintenance activities. 5.1.6. Columbus shall ensure that all fixed equipment furnished in the Project is and remains mechanically sound and safe. 5.2. Non-Routine Repairs. 5.2.1. If Columbus learns that the sewer system in the Project requires repairs other than those specified in Section 5.1, Columbus shall notify Dublin within one (1) week after it learns of the necessity for such repairs. Columbus shall provide Dublin with an estimate of the cost of such inspections and repairs prior to performing the inspection or repair. 5.2.2. In the event of an emergency, Columbus shall, to the extent practicable, inform Dublin within twenty- - four (24) hours prior to such inspections and/or repairs. Columbus shall provide an estimate prior to commencing work to ~d the extent practicable. 5.2.3. Upon approval of the needed inspections and/or repairs by DUblin, Columbus shall perform the necessary inspections and make the necessary repairs. Columbus shall provide all labor, materials, and specialized access, communications and safety equipment to perform such inspections and make such repairs. 5.2.4. Dublin agrees to pay and to reimburse Columbus for the costs of those inspections and repairs approved by Dublin as set forth in Section 5.2.3. Columbus shall provide Dublin with documentation with respect to its JWS/VLY/153890 035505.188 Revised June 27, 1995 5 - ~-=,"="",,._-. - ^"'~"_. -~._.".,-,=. ~ . charges for such inspections and repairs. Notwithstanding the foregoing, Dublin shall not be responsible for the costs of inspections and repairs resulting from the defective design or construction of the sewer system or the failure of Columbus to properly perform the reql1ired preventive maintenance. 5.3. Maintenance of Surface Areas. Dublin shall be responsible for the maintenance of all surface areas of the Dublin Segment. This duty shall include maintaining parking areas and drives and performing such landscape maintenance as Dublin deems -- necessary and appropriate. Dublin shall not be responsible for maintaining any structural components of the Dublin Segment (such -- as drop shafts, access shafts and main sewer lines). 5.4. Operation. 5.4.1. Columbus shall monitor the system and make any necessary adjustments in order to ensure that the infiltration/ inflow level from the sewer in the Project during wet weather periods does not exceed design levels. The inflow and infiltration shall be a maximum of 100 gallons per inch of pipe diameter per mile per day. 5.4.2. Columbus shall ensure that the sewer system meets design specifications and designed flow conditions. Section 6. EPA Certification. 6.1. The parties understand that within one (1) year from the date of completion of the Project, Dublin is required to submit a Certification of Performance to the State of Ohio Environmental Protection Agency. ~ 6.2. Columbus shall reasonably cooperate with Dublin so that Dublin may complete and submit the Certification of _4 Performance to the State of Ohio Environmental Protection Agency within one (1) year from the date of completion. 6.3. Within ten (10) months following completion of the Project, Columbus shall prepare an Operations and Maintenance Manual and provide Dublin at least three copies of the same. 6.4. Dublin shall review the Dublin user charge system and associated user fees to assure that adequate operating and replacement funds are being generated. Dublin shall prepare a projection of the adequacy of the Dublin user charge system and shall make any recommendations for necessary Dublin user charge system and/or sewer use ordinance revisions. JWS/VLY/153890 035505.188 Revised June 27, 1995 6 .... __O'_'__'_'_'~_'~ " Section 7. Payments. 7.1. Fees for Services Rendered by Columbus. 7.1.1. Dublin shall pC'.y ($ ) to Columbus for engineering services performed prior to the date of this Agreement. Payment for these engineering services will be made in a lump sum payment to Columbus. - 7.1.2. Dublin shall pay Columbus for the following services in amounts not to exceed the following: - Construction Management and $ Inspection Services Operational Phase Services $ 7.1.3. Columbus shall provide to Dublin invoices detailing work performed in connection with these charges. 7.2. Project Cost. 7.2.1. The parties agree that pursuant to Section l(K) of the Sewer Service Agreement, Dublin shall pay all of the Project Cost up to $10,100,000. 7.2.2. Columbus shall pay one-half of the Project Cost in excess of $10,100,000. Once the Project Cost reaches $10,100,000, Columbus will pay to Dublin one-half of the cost reflected on the requests for payment submitted by the Contractor at the time the requests for payment are forwarded to Dublin. Dublin will then make payments or cause payments to be made directly to the Contractor. Columbus will also reflect a credit of one-half of the cost reflected on the invoices for services performed by Columbus as detailed in ~ Section 7.1.2. The total amount paid by Columbus shall not exceed $3,000,000. .,,-.;<!j 7.2.3. Dublin shall pay all of the Project Cost in excess of $16,100,000. 7.3. Authorization and Certification of Funds. The parties agree that the financial obligations set forth in this section are conditioned upon the prior authorization by the Councils of Columbus and Dublin and the certification of availability of funds by the Auditor of the City of Columbus and the Finance Director of the City of Dublin. JWS/VLY/153890 035505.188 Revised June 27, 1995 7 .... ,,",~-~~'.'.-- ._-~""",,~...,..,~,,,,",-~"'~'"'"""-~'"'-'~'~'~ .,....~". ., "~.._-~=-.~~- Section 8. compliance With Laws. Columbus shall comply with all applicable federal, state, and local laws, rules, and regulations, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work and shall ensure that the Project is designed, constructed, and maintained i~ accordance with all applicable federal, state, and local laws, rules, and regulations, specifically including, but not limited to, the requirements of the United states Environmental Protection Agency and the Ohio Environmental Protection Agency. - Section 9. Warranty. Columbus warrants that the sewer system ~ will be constructed in accordance with the Contract Documents and free from defect in workmanship and materials for a period of one (1) year, which period shall commence on the date of certificate of substantial completion. This warranty shall be in addition to, and not a limitation of, any other guarantee or remedy provided by law. Should defects arise during the warranty period, Dublin shall promptly notify Columbus in writing, and Columbus, at its expense, shall repair the defective work. Section 10. General. 10.1. Assignment and Binding Effect. Neither party may assign any of the rights or obligations of this Agreement without the prior written consent of the other party; provided, however, that the terms of this Agreement shall be binding on the successors and assigns of the parties. 10.2. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original; but such counterparts together shall constitute but one and the same instrument. ~- 10.3. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior ...",. understandings or agreements between them respecting the subj ect matter. No changes, alterations, modifications, additions, or qualifications to the terms of this Agreement shall be made or be binding unless made in writing and signed by both parties. 10.4. Notices. All notices, reports, or other documents pursuant to this Agreement shall be sent to the parties at the following addresses: JWS/VLY/153890 035505.188 Revised June 27, 1995 8 .. -",",---,,,,,,-~~~'-~--~,,,,-~-~,,,,,,,,,,-,,,,,,-,,,=,,,, ,.;--~",' City of Columbus: Director of Public utilities 910 Dublin Road Columbus, Ohio 43215-9060 City of Dublin: City Engineer 5800 Shier-Rings Road DUblin, Ohio 43017 Either party may change such party's representative for receiving notices, reports, or other documents or its mailing - address by sending written notice of such change to the other party. - IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth opposite their signatures. CITY OF DUBLIN, OHIO Date: By: Timothy C. Hansley, City Manager APPROVED AS TO FORM: Date: Stephen J. Smith Law Director, City of Dublin, Ohio CITY OF COLUMBUS, OHIO - Date: By: James P. Joyce, P.E. , Director ........ of Public Utilities APPROVED AS TO FORM: Date: Ronald J. O'Brien City Attorney City of Columbus, Ohio JWS/VLY/153890 035505.188 Revised June 27, 1995 9 .....