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Home My WebLink About96-91 Ordinance AMENDED --~. , RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 96-91 (Amended) I Ordinance No .---------------------- Passed______ ------------ u__ n_19___n_ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT TO REIMBURSE THE EDWARDS LAND COMPANY FOR THE COSTS OF A WATER LINE EXTENSION FROM HEATHER GLEN TO THE r- VICINITY OF THE VILLAGES AT TUTTLE CROSSING :! '-- WHEREAS, the city of Dublin has included within its Capital Improvement Program the extension of a water line from Rings Road north along wilcox Road to the southern end of the existing 12" water line constructed for the Heather Glen sub- division, as part of an overall Capital Improvements Program to improve water service to the city's southwest quadrant; and WHEREAS, the Edwards Land Company has an urgent need for this water line in order to serve a new development currently under construction; and WHEREAS, the Developer is willing to design the aforementioned 16" water line at its costs and expense, subject to reimbursement by the City; and WHEREAS, while the city has plans to construct the subject water line, it is presently unable to do so within the time parameters set forth by the developer. NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, state of Ohio, 7 of the elected members concurring that: r- Section 1. The City hereby agrees to reimburse the Developer for the costs of the design and construction of a \..... 16" water line from Rings Road north along wilcox Road to the southern end of the existing 12" water line constructed for the Heather Glen sub-division upon completion thereof, and subject to the terms and provisions of an agreement, to be executed by the City of Dublin and the Edwards Land Company, as approved by the Law Director. Section 2. That the City Manager is hereby authorized to enter into the agreement attached hereto as Exhibit "A" entitled wilcox Road Line Extension Agreement. Section 3. That the form of said agreement shall be subject to approval by the Law Director. Section 4. That this Ordinance shall take effect and be enforced from and after the earliest period allowed by law. Passed this ~h day of ~ , 199~. ~~s~ r I. L.- ATTEST: ~(1. ~ Clerk of Council IIIPI8r certify that copies of this Ordinonce/~91yt:torr-~/~re p~sted in the lilY of Dublin in accordance with Section 731.25 of the GllIO Revised Code. ~~ (!.., ~ Clerk (If Council, Dublin, Ohio HH_.'...._ _....._."..~-~-...........'" - 1 ~ I i..J:.tm- ''fJ.J 1Ltlt rv.~" r- WILCOX ROAD LINE EXTENSION AGREEMENT This Agreement made and entered into this _ day of , 199 , by and among the City of Dublin, Ohio, an - Ohio Municipal Corporation (hereinafter referred to as "Dublin"), and the Edwards Land Company, an Ohio Corporation, (hereinafter referred to as ("Developer") . WITNESSETH: WHEREAS, Developer is constructing a mUlti-family apartment complex known as the Villages at Tuttle Crossing, and has completed construction of other office developments, within Dublin's southwestern quadrant, as well as the Columbus portion of the Tuttle Crossing development, all of which has experienced low water pressure during the past summer; and WHEREAS, Dublin has planned a series of improvements, to enhance the water supply in the City's southern quadrant; and WHEREAS, the Developer has been informed by the Columbus Division of Water that construction of a 16" line from its current terminus on wilcox Road, near Heather Glen, to the Developer's property at the Villages at Tuttle Crossing, will address some of the developers short-term water needs at Tuttle Crossing; and WHEREAS, Council has included within its Capital Improvement Program the costs of constructing a 16" water line known as the wilcox Road Water Line Extension from Rings Road North along wilcox Road to the southern end of an existing 12" water line constructed for the Heather Glen sUbdivision; and MHB/LAD/6741.1 1 ,......~"."...... - !iW' r'. fIR' . ;..' ii:;;-"'_~:~:1 ~jC WHEREAS, the Developer requires that the aforementioned 16" water line be installed in a shorter time frame than may currently be anticipated by Dublin; and WHEREAS, Council has directed staff to facilitate this and several other water system improvements for this quadrant of the City; and WHEREAS, the Developer is willing to initiate construction of wilcox Road Water line extension, in the immediate future and is willing to complete this project in an expedited schedule; WHEREAS, if Dublin will agree as hereinafter provided to reimburse Developer for its costs incurred for construction of the wilcox Road Water Line extension, Developer is willing at its cost, to construct this water line and related facilities. This water line will be connected to and become part of Dublin's water line facilities, and will enable the Developer to provide improved water service to its Villages at Tuttle Crossing apartment complex. However, only the portion of said water line from Rings Road north along wilcox Road to the southern end of the existing 12" water line constructed for the Heather Glen subdivision, shall be sUbject for reimbursement from Dublin to the Developer. NOW THEREFORE, in consideration of the foregoing, and the covenants and agreements herein set forth, Dublin and the Developer hereby agree as follows. MHB/LAD/6741.1 2 """"", ,._--_.~,...~.., . -~~ ..- .._;>;""~~,"""" ilf'i r" , ~_T:.' ...~..: .\~1' f . (1) Developer shall arrange, contract for, and cause to be done such construction work as shall be necessary in order to construct the Wilcox Road Water Line extension (hereinafter referred to as the "new water line facilities") . Pursuant thereto, Developer shall consult with the City Engineering Department to enable Developer to cause to be prepared planned and specifications for the new water line facilities, which upon completion, shall be submitted to the City Engineer for his review and approval. (2) utilizing the above-referenced approved plans, the Developer shall solicit and submit at least three bona fide construction bids to the City Engineer, for examination, review and approval, and shall arrange, contract for, and cause to be done, such engineering work as shall be necessary in order to design and construct the new sewer facilities. (3) Developer shall utilize its best efforts to cause construction of the new water line facility to be commenced within 90 days within the date of execution of this Agreement by Dublin and the Developer, and shall thereafter cause such construction to be diligently prosecuted to completion in accordance with the approved plans. (4) Upon completion of the new water line facilities, the Dublin Engineer, shall, if appropriate, certify that the new water line facilities have been constructed in accordance with the approved plans, which certification shall also constitute the acceptance thereof, by DUblin, vesting title to the new water line MHB/LAD/6741.1 3 _""4'~""""'."~'-'~"'- - .~,.,-~"~.~-~,..,.,~_.....",,' , :.--J ~'_l.l~-~'~ " . . facilities to Dublin and the same shall thereupon be, and become a part of Dublin's water line facilities. After acceptance of the new water line facilities by Dublin, Developer shall have no liability or responsibility whatsoever in connection therewith, except that Developer shall cause repairs to be made to the same, necessitated by defects in the original construction which appear within a period of one (1) year following the date of such acceptance. Developer's obligation to make repairs shall be secured by a performance bond furnished by a surety acceptable to Dublin, said bond or letter of credit to be in an amount equal to five percent (5%) of the total cost of constructing the new water line facilities. (5) As consideration for the foregoing, Dublin shall reimburse Developer for the direct cost of design and construction of the new water line facilities, which direct cost (hereinafter referred to as "design/construction costs") shall include without limitation engineering and design costs, construction costs, change orders approved in advance by Dublin, on-site supervision, engineering costs, permit and inspection fees assessed by DUblin, and the costs of performance bonds. There shall be no reimbursement for the cost of materials for completed construction, damaged or destroyed, prior to City's certification and acceptance of the new water line facilities. Further, there shall be no reimbursement from Dublin for items which would normally be considered the developer's general overhead expense in accordance MHB/LAD/6741.1 4 ...........,'.,~.~O._~~,~=~_~~.""~."""'-"-.~~. ._ ...~y.~......"'".,.~...."-."'"~.._,.,. ". ..",,".'~ .- ~ ~. '''-~ "i'"",.;..."""~,.~~,.~-;.'--"~....."""'"~- . - with generally accepted accounting principles. Reimbursement of design and construction costs by Dublin to the Developer shall be made within 60 days of the certification and acceptance of the new water line facilities by the Dublin City Engineer. Except as otherwise provided herein, the maximum amount of reimbursement ~....," shall not exceed the sum of $195,000.00. (6) Dublin hereby grants to Developer and such agents and contractors as Developer may engage in construction of the new water line facilities, the right to enter upon the right-of-way and easements controlled by the City of Dublin, so long as said entry is for the purpose of constructing the new water line facilities and so long as said construction is done in accordance with any special terms or provisions of easements previously obtained by Dublin. (7) At any time during the period of construction of the new water line facilities, Dublin may, during normal business hours and through its duly authorized agents, attorneys, and/or accountants, examine the books and records of the developer pertaining to the costs incurred by the Developers in the design and construction of the new sewer facilities. Developer shall require its agents, contractor, and sub-contractors, engaged in the design or construction of the new facilities to comply with Workers' Compensation Law of the state of Ohio, indemnify and hold Dublin harmless from any and all claims, demands, actions or liabilities arising out of personal injury, death or property MHB/LAD/6741.1 5 _..~.."~_._~-~",.---..~-,,,_....,..,-~,",,,,",...,,..,,,.,.,,,..,,..;;..;j,.,-,".,-,,~,,',... ~-".,-~,~'''''''''=-''''-"'" ..,~~.' . ~ ,"',-' .,,,,,...,~,,,,.. '-""''''''~~,,,,,,",,,,,,;"~~ . - damage resulting from the construction work performed or caused to be performed by the developer pursuant to this agreement. City of DUblin, Ohio An Ohio Municipal Corporation By: Timothy C. Hansley City Manager Edwards Land Company An Ohio Corporation By: Its Approved as to form: city Law Director MHB/LAD/6741.1 6