Loading...
HomeMy WebLinkAbout006-94 Ordinance ~. - ._,--_._,_..~_..__.~----.._,-. r . .. RECORD OF ORDINANCES Dayton Legal Blank Co, Form No, 3C043 ,-- . 06-94 Passed mm19n I Ordmance No. nnn mn__n_ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A WATERLINE CONSTRUCTION AGREEMENT FOR A PORTION OF TIlE RINGS ROAD WATERLINE WITH M-H DEVELOPMENT ASSOCIATES, AND DECLARING AN EMERGENCY. ,.- WHEREAS, the City is currently constructing a new water tower to maintain and enhance water service to the southern portion of the City of Dublin; and .......- WHEREAS, this water tower will require the construction and extension of new and existing waterline facilities; and WHEREAS, the City has committed to construct a 20 inch waterline known as the Rings Road waterline in conjunction with the construction of the aforementioned water tower; and WHEREAS, M-H Development Associates has an immediate need to utilize the Rings Road waterline in order to serve its Trinity Park subdivision which would be under construction in the immediate future; and WHEREAS, M-H Development Associates has agreed to undertake construction of a portion of the Rings Road waterline on an expedited schedule; and WHEREAS, this portion of the Rings Road waterline is necessary to enhance and maintain water services to the southern portion of the City of Dublin generally as well as the Trinity Park subdivision. NOW THEREFORE BE IT ORDAINED by Council for the City of Dublin, ~ members concurring that: Section 1. The City Manager is hereby authorized to execute a contract with M-H Development Associates for the construction of approximately 1,000 feet of a 20 inch waterline which will be located ,... parallel to Wilcox Road and will proceed west to a point east of the Trinity Park subdivision, pursuant to the agreement attached hereto as < Exhibit A. - Section 2. The form of said reimbursement agreement may be subject to minor modification subject to approval by the Law Director. Section 3. This Ordinance is hereby declared to be an emergency for the preservation of the public health, safety and welfare for the reasons set forth above in both the whereas clauses and the body of this Ordinance. Passed this J 7-th day Officer Attest: LhVhA..., (2 ~~ Clerk of Council .r-- ....... ~,:1r!.f'~':' ,". :: ';al ';];;:('$ of N:. ,', ,\~ ~i, [ho!.:; in Guard ~ ..> :..I,d n({l!m/~ an(e w.th Section 731 2S f h were posted in ~h, ~ . a teO" "~ ilia ReVised C cJ -- ~ Cl-r__ 0 e. ~ Q( ((tuncif, Dub Tin, Ohio ~, """;o,.__"."',""H-""",,ioi<<~._lll'..~,...,.,.I.r ~~'~,.._',,~.~~;c<.,_,,;w."0''''"''_'7'''____''"_',''''''''*''~'~WW<.L''.'_'.~~.lil.m 11.1 ._.;"'''~'''~,,. --~~'_._-~--^-"---- ~"..'~^~"""'-~-~-~""""'~~~~'~-< ._-""'-~---""- Fiil!ii "'"I RINGS ROAD WATERLINE AGREEMENT This Agreement made and entered into this _ day of , 1994 by and among the City of DUblin, an Ohio municipal corporation (hereinafter referred to as "Dublin"), and M-H Development Associates, an Ohio , (hereinafter referred to as "Developer"). WITNESSETH: WHEREAS, the Developer owns and intends to develop a certain tract of land totalling approximately acres, situated in the City of Dublin, Franklin County, Ohio, collectively known as the Trinity Park subdivision located generally in the northeast quadrant of Rings and wilcox roads; and WHEREAS, Dublin is in the process of constructing a water tower to serve the southern area of the City of Dublin which will require the construction and extension of the new and existing waterlines in order to preserve and enhance domestic and fire ~' safety water supply and pressure within this area; and WHEREAS, Dublin has caused engineering plans to be prepared for the construction of a 20 inch waterline known as the Rings Road waterline which will include the portion of the waterline along the south side of Rings Road extending from an existing waterline running parallel to wilcox Road, westerly to a point just east to the entrance of the Brighton Park subdivision (hereinafter referred to as the "New Waterline Facility"); and MHB/KAA/BJG/90809 35505.01 1 ~ .'"" "-' ,~,.,~._~~~"'-'-"-"--;; "",-.,.~".",."~....~-,,,,,....... @' ~,~_~'c..'~'~""' ,~,. WHEREAS, the Developer is willing to initiate construction of the New Waterline Facility in the immediate future and is able to complete said project in a much more timely manner than would Dublin; and WHEREAS, if Dublin will agree as hereinafter provided to reimburse Developer for its costs incurred in the construction of this portion of the New Waterline Facility, the Developer is willing, at its cost, to construct the aforementioned waterline which will be connected to and become part of the water distribution system of the City of Dublin in order to provide water service to the Trinity Park subdivision and other areas located within the southern quadrant of the City of Dublin. NOW, THEREFORE, a consideration of the foregoing and the agreements herein set forth, Dublin and the Developer agree as follows: 1. Developer shall arrange, contract for, and cause to be done such construction work as shall be necessary in order to construct the portion of a 20 inch New Waterline Facility on the south side of Rings Road extending from an existing waterline running parallel to wilcox Road, westerly to a point just east of the entrance to the Brighton Park subdivision. 2. Developer or its agents shall construct this project pursuant to plans prepared on behalf of the City of Dublin by , for construction of New Waterline Facility, which plans are entitled " " dated , , which have been approved by the Dublin City MHB/KAA/BJG/90809 35505.01 2 --,,.......-'" r . Engineer. As of the date hereof, Developer has solicited bids from four responsible contractors for construction work to be done by the Developer in accordance with the provisions of this paragraph and has awarded or will shortly award contracts for construction work to the lowest and best bidder as determined by the developer with Dublin's approval. 3. Developer will utilize its best efforts to initiate construction of the New Waterline Facility within ____ days of the date of execution of this Agreement by Dublin and the Developer, and shall there after cause such construction to be diligently prosecuted to completion in accordance with said plans. 4. The Developer shall be entitled to reimbursement of its actual construction costs (as defined in paragraph 5 herein) in three approximately equal draws, established by dividing the total estimated construction costs by three. At such time as Developer's cost reach these 1/3 increments as documented by the Developer to the city, the City Engineer shall have 15 days to review and approve or reject such documentation, progress reports and related documents. Upon approval by the City Engineer, Dublin shall promptly process payment of that portion of the construction costs. Additionally, reimbursement as to the third and final draw shall be made within 15 days of the certification and acceptance of the New Waterline Facility by the Dublin City Engineer. Pursuant thereto, the City Engineer shall first certify that the New Waterline Facility has been constructed in accordance with the plans, specifications and cost estimates. This certification shall also MHB/KAA/BJG/90809 35505.01 3 "","'" .~~,- " ,c,'-"__,"'O,'_<~",,""V_~""'"'''''"~~-''- ~'*'"- ~ -,=~,,,,,,,'--- ,,"'- . - 1'" 'r -" ;'..r-~jlrl .. ~.. ,. -.0' . . constitute the acceptance thereof by DUblin, vesting title to the New Waterline Facility to Dublin and the same shall thereupon become part of Dublin's water facilities. After acceptance of the New Waterline Facility by Dublin, Developer shall have no liability or responsibility whatsoever in connection therewith, except the Developer shall cause repair to be made to the same which may be 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 ten percent (10%) of the total cost of construction of the New Waterline Facility. 5. In consideration of the foregoing, Dublin shall reimburse the Developer for the direct cost of construction of the New Waterline Facility, which direct cost, (hereinafter referred to as "construction costs" ) shall include without limitation construction costs, change orders approved in advance by Dublin, on-sight supervision, permits, and inspection fees assessed by Dublin, the cost of performance bonds, letter of credit, management fees, and shall exclude the cost of materials for construction damaged or destroyed for which the Developer receives reimbursement from an insurer for such damages or destruction and items which would normally be considered the Developer's general overhead expense in accordance with a generally accepted accounting principles. Unless specifically agreed in writing by the parties, MHB/KAA/BJG/90809 35505.01 4 ~"---"---~-_..-, < - -^" -.'-'-"-"~~"-'.~---~-'~=-<- --""'.. ,-_'o"_~__~__" . . . the maximum amount of such reimbursement shall not exceed the sum of $ . 6. Dublin hereby grants the Developer and such agents and contractors as Developer may engage in the construction of the New Waterline 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 Waterline Facility and so long as construction is done in accordance with any special terms or provisions of easements previously obtained by Dublin. At any time during the period of construction of the New Waterline Facility, Dublin may, during normal business hours and through its duly authorized agents, attorneys or accountants, examine the books and records of the Developer pertaining to the cost incurred by the Developer in causing the New Waterline Facility to be constructed. 7. Developer shall cause its agents, the contractors and subcontractors engaged in the New Waterline Facility construction to comply with Ohio Worker's Compensation Law and shall indemnify and hold harmless Dublin from any and all claims, demands, actions or liabilities arising out of personal injury, death or property damage resulting from the construction work performed or caused to be performed by the Developer pursuant to this Agreement. MHB/KAA/BJG/90809 35505.01 5 ,#f:~"" - ._,-~~ ""''''''~ =" - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials or agents as of the day and year first written herein. CITY OF DUBLIN, an Ohio municipal corporation By: Timothy C. Hansley, Dublin city Manager M-H DEVELOPMENT ASSOCIATES, an Ohio By: APPROVED AS TO FORM: City Law Director MHB/KAA/BJG/90809 35505.01 6 -.